HomeMy WebLinkAboutContract 26528 CITY SECRETARY �� �
CpNTRACT NO . TIP --�
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Contract No.:9X2FA015
TxDOT CSJ No.:9902SPNKS
TxDOT Project No.: AP SPINKS FW
Part I - Identification of the Project
TO: The City of Fort Worth, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and the City of Fort Worth, Texas, (hereinafter referred to as the "Sponsor").
The Sponsor desires to sponsor a project for the development of a public aviation facility,
known or to be designated as the Airport under the Airport and Airway Improvement Act of
1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq.,
(hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures
promulgated pursuant thereto; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22,
et seq. (Vernon and Vernon Supp).
The project is described as follows: to rehabilitate, stripe and mark Runway 17R-35L;
rehabilitate and mark taxiways A,B,C,D,E,F,G, and H; construct sacrificial shoulder; install
taxiway reflectors; install lighted guidance signs; replace rotating beacon and tower; furnish and
install precision approach path indicator for Runway 17R-35L; and install supplemental lighted
wind cone at the Fort Worth Spinks Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of(a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as
provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions as herein
provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), OFFEf D AGREE, pay, as
the United States share of the allowable costs incurred in acc plishing the projeb ninety
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.d
percentum of all allowable project costs. This grant is made on and subject to the following terms
and conditions:
Part II - Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that construction project costs will be approximately $632,360.00 (Amount
A). It is further estimated that approximately $632,360.00 (Amount B) of the project
costs will be eligible for federal financial assistance, and that federal financial assistance
will be for ninety percent (90%) of the eligible project costs. Final determination of
federal eligibility of total project costs will be determined by the State in accordance with
federal guidelines following completion of project.
3. The maximum obligation of the United States payable under this offer shall be
$569,124.00 (Amount Q.
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items of this grant and not to
amend the scope of work to include items outside of the current determined needs of this
project. Scope of work may be amended as necessary to fulfill the unforeseen needs of
this specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $63,236.00
(Amount D). The Sponsor specifically agrees that it shall pay any project costs, which
exceed the sum of the federal share (Amount Q.
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage
of financial participation as heretofore stated in Paragraph 11-2. The State shall refund to
the Sponsor, at the financial closure of the project, any excess funds provided by the
Sponsor.
5. It is mutually understood and agreed that if, during the life of the project, the State
determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or
five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by
letter from the State advising of the budget change and a refund of the sponsor share of
the reduction will be done. Conversely, if there is an overrun in the eligible project costs,
the State may increase the grant to cover the amount of overrun not to exceed the
statutory fifteen (15%) percent limitation, and will advise the Sponsor by letter- of the
increase. Upon receipt of the aforementioned letter, the maximum obligation of the
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United States is adjusted to the amount specified and the Sponsor will remit their share of
the increased grant amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments, without the consent of
the Sponsor.
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA shall prescribe. Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of costs.
6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
by the State. At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as heretofore stated. The
Sponsor grants to the State and federal government the right, upon advance written
request during reasonable and regular business hours, to audit any books and records of
the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all
funds for the project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor
fail to pay said obligation, either in whole or in part, within 30 days of written demand,
the State may exercise its rights under Paragraph V-7. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law or
equity.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Airport Assurances (9/99)(State Modified
9/99), attached hereto and made a part of this Agreement; and
b. it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
C. the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
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under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years; and
d. consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement; and
C. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products
and aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
f. it shall not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
g. it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
h. it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
and that airport property identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use without prior written approval of the State; and
i. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
j. all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory.
The proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites).
Sponsor shall not be required to pledge income received from the mineral estate to
airport use unless state and/or federal funds were used to acquire the mineral
estate of airport lands or any interests therein; and
k. an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
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another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole. All fees, charges, rents, and
money from any source derived from airport operations must be deposited in said
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor. All expenditures from the Airport Fund shall be
solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph;
and
1. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
in. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§241.001 et
seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain avigation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
such subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State; and
n. it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project; and
o. after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with
this project, to enter private property for purposes necessary to this project; and
P. all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor. A reproducible copy of such plan, and all subsequent modifications,
shall be filed with the State for approval; and
q. it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upon which Federal and State funds have been
expended. For the purposes of this grant agreement, the term "funds" means
funds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to this or any other grant agreement. It shall obtain the approval of
the State as to any determination of the amount of such funds. It shall return the
recovered share, including funds recovered by settlement, order or judgment, to
the State. It shall furnish to the State, upon request, all documents and records
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pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor, in court or otherwise,
involving the recovery of such funds shall be approved in advance by the State.
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon which construction work is to be performed, or have acquired a leasehold
on such property for a term of not less than 20 years, prior to the advertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the time frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of
the Sponsor, the Sponsor's agents or employees performed under this agreement. The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all expenses, including attorney
fees which might be incurred by the State in litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, as
provided, and the Agreement shall comprise a contract, constituting the obligations and
rights of the State of Texas and the Sponsor with respect to the accomplishment of the
project and the operation and maintenance of the airport. Such Agreement shall become
effective upon execution of this instrument and shall remain in full force and effect for a
period of at least 20 years.
5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility
for operation of the facility in compliance with all applicable state and federal
requirements including any statutes, rules, regulations, assurances, procedures or any
other directives before, during and after the completion of this project.
6. The Sponsor shall have on file with the State a current and approved Attorney's
Certificate of Airport Property Interests and Exhibit A property map.
7. The Sponsor shall have on file with the State a Certification Regarding Drug-Free
Workplace Requirements.
8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in
every contract a provision implementing this special condition.
9. SPECIAL CONDITION: Except for instrument landing systems acquired with AIP
funds and later donated to and accepted by the FAA, the Sponsor must provide for the
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continuous operation and maintenance of any navigational aid funded under the AIP
during the useful life of the equipment. The sponsor must check the facility, including
instrument landing systems, prior to commissioning to ensure it meets the operational
standards. The Sponsor must also remove, relocate, or lower each obstruction on the
approach or provide for the adequate lighting or marking of the obstruction if any
aeronautical study conducted under FAR Part 77 determines that to be acceptable; and
mark and light the runway, as appropriate. The Federal Aviation Administration will not
take over the ownership, operation, or maintenance of any sponsor-acquired equipment,
except for instrument landing systems.
10. SPECIAL CONDITION: For a project to replace or reconstruct pavement at the
airport, the Sponsor shall implement an effective airport pavement maintenance
management program as is required by Airport Sponsor Assurance Number 11. The
sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with Federal financial assistance at the airport. As a minimum,
the program must conform with the provisions in the attached outline entitled "Pavement
Maintenance Management Program."
Part IV- Nomination of the Agent
1. The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either
of the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives,
except as otherwise specifically provided.
3. The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent
to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant
thereto, and the Sponsor;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
C. pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
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Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agent:
e. advertise for professional engineering and/or planning services for, but not limited
to, the preparation of planning studies, plans and specifications for the above
project and for the management of the construction of the above project; certify
consultant selection procedures; provide notification of contract award for
professional services; and negotiate professional services fees; and execute, on
behalf of the Sponsor, a professional services agreement as related to this project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order, which
shall prevail and be controlling;
h. coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
j. participate in pre-bid and pre-construction conferences; and issue orders as it
deems appropriate regarding construction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders;
k. review, approve and maintain record drawings.
PART V - Recitals
1. The State and Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement.
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3. The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation and
other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons, which may arise from, or be incidental to, compliance with
this grant agreement.
5. This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of
this Agreement. If, however, after all reasonable attempts to require compliance
have failed, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of
the following remedies: (1) require a refund of any money expended pursuant to
the Agreement, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seeking reimbursement of any money expended on
the project pursuant to the Agreement, provided however, these remedies shall not
limit the State's authority to enforce its rules, regulations or orders as otherwise
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provided by law, (4) declare this Agreement null and void, or (5) any other
remedy available at law or in equity.
b. Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties in Travis County,
Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be
denied or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7
of Article 11 of the Texas Constitution, if applicable) and to the availability of funds
which lawfully may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided. The Grant
Agreement shall become effective upon the State's written Notice to Proceed issued
following execution of this agreement.
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Part VI - Acceptance of the Sponsor
The City of Fort Worth, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the foregoing Agreement, and does accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Agreement.
Executed this /q-X- day of A-,Yearn ct ) , 2000.
The City of Fort Worth, Texas
Sponsor
Witness Signature Signatur
ManaaP�'
Witness Title Title
Certificate of Sponsor's Attorney
I, Ak , acting as attorney for ark wa&A ,
Texas, do certify that I ha e fully examined the Agreement and the proceedings taken by the
Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the
Sponsor, is in accordance with the laws of the State of Texas.
Dated at 11/o Y/* , Texas, this Ist" day of 2000.
LZV_t� z
Witneq4.6ignature Attos Signature 7-Z5 027
/ TOI
fitness Title
Page 11 of 15
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
DEPARTM F T NSP TATION
By:
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date: / / �-
Page 12 of 15
CERTIFICATION OF AIRPORT FUND
The City of Fort Worth does certify that the Airport Fund
(Na e of Fund)
has been established for the City of Fort Worth, and that all fees, charges, rents, and money from
any source derived from airport operations will be deposited for the benefit of the Airport Fund
and will not be diverted for other general revenue fund expenditures or any other special fund of
the City of Fort Worth and that all expenditures from the Fund will be solely for airport
purposes. Such fund may be an account as part of another fund, but must be accounted for in
such a manner that all revenues, expenses, retained earnings, and balances in the account are
discernible from other types of moneys identified in the fund as a whole.
The City of FQK Worth, Texas, has caused this to be duly executed in its name, this f
day of 'P,Q,�_/ , 2000.
The City of Fort Worth, Texas
(Sponsor)
By•
Title: f
0040,
ATTES17,
Contract Authorization
Date
Page 13 of 15
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No.: 9X2FA015
TxDOT CSJ No.: 9902SPNKS
The City of Fort Worth does certify that sufficient funds to meet the Sponsor's share of project
costs as identified in the Airport Project Participation Agreement for said project will be
available in accordance with the schedule shown below:
SPONSOR FUNDS
Source Amount Date Available
State Treasury 583,388 Available now
The Qty of Fo Worth, Texas, has caused this to be duly executed in its name, this/C!""day of_
2000.
The City of Fort Worth, Texas
(Sponsor)
By:
Title:
f
Page 14 of 15
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession,or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy
of the statement required by paragraph(a);
(d) Notifying the employee in the statement required by paragraph(a)that, as a condition of employment under
the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph(d)(2) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of
such notices. Notices shall include the identification number(s)of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph(d)(2),
with respect to any employee who is so convicted-
(1)Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs(a), (b), (c), (d),(e), and(f),
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant:
Place of Performance(Street address,city, county, state,zip code)
Check if there are workplaces on file that are not identified here.
Signed: Dated: 1,? _Z� —y J
Rai�nait �kaaavc�o �1s5isTanT L';�ti /4anaaer
Typed Name and Title of Sponsor Representative
Page 15 of 15
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may
use any form of inspection program tit deems appropriate. The program must, as a minimum, include the
following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
Location of all runways, taxiways, and aprons
Dimensions
Type of pavement
Year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been constructed,
reconstructed, or repaired with Federal financial assistance shall be so depicted.
2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth
in Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements,
the frequency of inspections may be extended to three years.
b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to
detect unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations,
and remedial action, scheduled or performed, must be documented. The minim information to be recorded is
listed below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so
long as the information and records produced by the pavement survey can be retrieved to provide a report to the
FAA as may be required.
5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport
Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an
effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and
recommended methods of repair are presented.
ATTACHMENT A PART V ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development,
airport planning,and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project Airport Project Participation Agreement
hereinafter referred to as"APPA")by sponsors requesting funds under the provisions of Title 49, U.S.C.,subtitle
VII,as amended.As used herein,the term"public agency sponsor'means a public agency with control of a
public-use airport; the term"private sponsor"means a private owner of a public-use airport;and the term
"sponsor includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of
the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms,conditions and assurances of the grant agreement shall remain in full force and effect throughout the
useful life of the facilities developed or equipment acquired for an airport development or noise compatibility
program project,or throughout the useful life of the project items installed within a facility under a noise
compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a
grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances
regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.There shall be no
limit on the duration of the terms,conditions,and assurances with respect to real property acquired with federal
funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.The preceding
paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility
or the useful life of the facilities developed or equipment acquired under an airport development or noise
compatibility program project shall be no less than ten(10)years from the date of acceptance of Federal aid for
the project.
3. Airport Planning Undertaken by a Sponsor.Unless otherwise specified in the grant agreement,only
Assurances 1, 2,3,5,6, 13, 18,30,32,33,and 34 in section C apply to planning projects.The terms,
conditions,and assurances of the grant agreement shall remain in full force and effect during the life of the
project.
C.Sponsor Certification.The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements.It will comply with all applicable Federal laws, regulations,executive orders,
policies,guidelines,and requirements as they relate to the project,acceptance and use of Federal funds for this
project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C.,subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C. 276(a),et sea.'
C. Federal Fair Labor Standards Act-29 U.S.C.201,et seq.
d. Hatch Act-5 U.S.C. 1501,et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.
4601 e, tsea.12
f. National Historic Preservation Act of 1966-Section 106-16 U.S.C.470(f).'
g. Archeological and Historic Preservation Act of 1974-16 U.S.C.469 through 469c.'
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et sea.
i. Clean Air Act, P.L.90-148,as amended.
j. Coastal Zone Management Act,P.L.93-205,as amended.
k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C.4012a.'
I. Title 49,U.S.C.,Section 303,(formerly known as Section 4(f))
M. Rehabilitation Act of 1973-29 U.S.C.794.
n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4.
o. Age Discrimination Act of 1975-42 U.S.C.6101,et sea.
P. American Indian Religious Freedom Act,P.L.95-341,as amended.
q. Architectural Barriers Act of 1968-42 U.S.C.4151,et seq.'
r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.8373.'
S. Contract Work Hours and Safety Standards Act-40 U.S.C. 327,et sea.'
t. Copeland Antikickback Act- 18 U.S.C.874. '
U. National Environmental Policy Act of 1969-42 U.S.C.4321 e. t seq.'
V, Wild and Scenic Rivers Act,P.L. 90-542,as amended.
W. Single Audit Act of 1984-31 U.S.C.7501,et se .2
X. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Airport Assurances(9/99)State Modified (9/99) A-1
Executive Orders
Executive Order 11246-Equal Employment Opportunity'
Executive Order 11990-Protection of Wetlands
Executive Order 11998—Flood Plain Management
Executive Order 12372-Intergovernmental Review of Federal Programs.
Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction '
Executive Order 12898-Environmental Justice
Federal Regulations
a. 14 CFR Part 13-Investigative and Enforcement Procedures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
C. 14 CFR Part 150-Airport noise compatibility planning.
d. 29 CFR Part 1 -Procedures for predetermination of wage rates.'
e. 29 CFR Part 3-Contractors and subcontractors on public building or public work financed in whole or
part by loans or grants from the United States.'
f. 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed and
assisted construction(also labor standards provisions applicable to non-construction contfacts
subject to the Contract Work Hours and Safety Standards Act).'
g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,
Department of Labor
(Federal and federally assisted contracting requirements).'
h. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state
and local governments.'
i. 49 CFR Part 20-New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of
Transportation-effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions.
I. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs.'2
M. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of
Transportation Programs.
n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or
benefiting from Federal
financial assistance.'
o. 49 CFR Part 29—Government wide debarment and suspension(non-procurement)and government
wide requirements for drug-free workplace(grants).
P. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that
deny procurement market access to U.S.contractors.
q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building
construction.'
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-133-Audits of States,Local Governments,and Non-Profit Organizations
(1) These laws do not apply to airport planning sponsors.
(2) These laws do not apply to private sponsors.
(3) 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance.Any requirement levied upon State and Local
Governments by this regulation and circular shall also be applicable to private sponsors
receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,regulations or
circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant,and to finance and carry out
the proposed project;that a resolution,motion or similar action has been duly adopted or passed as
an official act of the applicant's governing body authorizing the filing of the APPA, including all
understandings and assurances contained therein,and directing and authorizing the person identified
as the official representative of the applicant to act in connection with the APPA and to provide such
additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the
proposed project and comply with all terms,conditions,and assurances of this grant agreement.It
shall designate an official representative and shall in writing direct and authorize that person to file
this APPA,including all understandings and assurances contained therein;to act in connection with
this APPA;and to provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not
to be paid by the United States.It as sufficient funds available to assure operation and maintenance of items
funded under the grant agreement which it will own or control.
4.Good Title.
a. It,a public agency or the Federal government, holds good title,satisfactory to the Secretary,to the
landing area of the airport or site thereof,or will give assurance satisfactory to the Secretary that
good title will be acquired.
Airport Assurances(9/99)State Modified(9/99) A-2
b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds
good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be
expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms,conditions,and assurances in the grant agreement
without the written approval of the Secretary,and will act promptly to acquire,extinguish or modify
any outstanding rights or claims of right of others which would interfere with such performance by the
sponsor.This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease,encumber,or otherwise transfer or dispose of any part of its title or other
interests in the property shown on Exhibit A to this APPA or,for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended,for the duration of the
terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States Code,to assume the
obligations of the grant agreement and to have the power,authority,and financial resources to carry
out all such obligations,the sponsor shall insert in the contract or document transferring or disposing
of the sponsor's interest,and make binding upon the transferee all of the terms,conditions,and
assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor,it will
enter into an agreement with that government.Except as otherwise specified by the Secretary,that
agreement shall obligate that government to the same terms,conditions,and assurances that would
be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility
program project.That agreement and changes thereto must be satisfactory to the Secretary. It will
take steps to enforce this agreement against the local government if there is substantial non-
compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property,it will enter into
an agreement with the owner of that property which includes provisions specified by the Secretary.It
will take steps to enforce this agreement against the property owner whenever there is substantial
non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public-use airport in accordance with these assurances for the
duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person
other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and
authority to insure that the airport will be operated and maintained in accordance Title 49,United
States Code,the regulations and the terms,conditions and assurances in the grant agreement and
shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of
submission of this APPA)of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where
the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49,
United States Code,it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway
extension,it has afforded the opportunity for public hearings for the purpose of considering the economic,
social,and environmental effects of the airport or runway location and its consistency with goals and objectives
of such planning as has been carried out by the community and it shall,when requested by the Secretary,
submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on its
management board either voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway
location it will provide for the Governor of the state in which the project is located to certify in writing to the
Secretary that the project will be located,designed,constructed,and operated so as to comply with applicable
air and water quality standards.In any case where such standards have not been approved and where
applicable air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to
certify shall be provided within sixty days after the project APPA has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the
replacement or reconstruction of pavement at the airport,it assures or certifies that it has implemented an
effective airport pavement maintenance-management program and it assures that it will use such program for
the useful life of any pavement constructed,reconstructed or repaired with Federal financial assistance at the
airport. It will provide such reports on pavement condition and pavement management programs as the
Secretary determines may be useful.
Airport Assurances(9/99)State Modified(9/99) A-3
12. Terminal Development Prerequisites. For projects which include terminal development at a public use
airport,as defined in Title 49,it has,on the date of submittal of the project grant request,all the safety
equipment required for certification of such airport under section 44706 of Title 49,United States Code,and all
the security equipment required by rule or regulation,and has provided for access to the passenger enplaning
and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the
recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is
given or used,and the amount or nature of that portion of thecost of the project supplied by other
sources,and such other financial records pertinent to the project.The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States,or any of
their duly authorized representatives,for the purpose of audit and examination,any books,
documents,papers,and records of the recipient that are pertinent to the grant.The Secretary may
require that an appropriate audit be conducted by a recipient. In any case in which an independent
audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which the grant was given or used,it shall file a certified copy
of such audit with the Comptroller General of the United States not later than six(6)months following
the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on any projects funded
under the grant agreement which involve labor,provisions establishing minimum rates of wages,to be
predetermined by the Secretary of Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C.
276a-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be
stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant
agreement which involve labor,such provisions as are necessary to insure that,in the employment of labor
(except in executive,administrative,and supervisory positions),preference shall be given to Veterans of the
Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code.However,this
preference shall apply only where the individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications,and
schedules approved by the Secretary.Such plans,specifications,and schedules shall be submitted to the
Secretary prior to commencement of site preparation,construction,or other performance under this grant
agreement,and,upon approval of the Secretary,shall be incorporated into this grant agreement.Any
modification to the approved plans,specifications,and schedules shall also be subject to approval of the
Secretary,and incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans,specifications,and
schedules approved by the Secretary for the project.It shall subject the construction work on any project
contained in an approved project APPA to inspection and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary.Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall
deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project
APPA or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project
and planning work activities.
C. It will include in all published material prepared in connection with the planning project a notice that
the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public,and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any other
country.
e. It will give the Secretary unrestricted authority to publish,disclose,distribute,and otherwise use any
of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants
and their subcontractors to do all or any part of this project as well as the right to disapprove the
proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any
part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply any
assurance or commitment on the part of the Secretary to approve any pending or future request for a
Federal airport grant.
Airport Assurances(9/99)State Modified(9/99) A-4
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other
than facilities owned or controlled by the United States,shall be operated at all times in a safe and
serviceable condition and in accordance with the minimum standards as may be required or
prescribed by applicable Federal,state and local agencies for maintenance and operation.It will not
cause or permit any activity or action thereon which would interfere with its use for airport purposes. It
will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due
regard to climatic and flood conditions.Any proposal to temporarily close the airport for non-
aeronautical purposes must first be approved by the Secretary.
In furtherance of this assurance,the sponsor will have in effect arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2)Promptly marking and lighting hazards resulting from airport conditions,including temporary
conditions;and
(3)Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical
use during temporary periods when snow,flood or other climatic conditions interfere with such
operation and maintenance. Further,nothing herein shall be construed as requiring the maintenance,
repair,restoration,or replacement of any structure or facility which is substantially damaged or
destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon
which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is
required to protect instrument and visual operations to the airport(including established minimum flight
altitudes)will be adequately cleared and protected by removing,lowering,relocating,marking,or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport
hazards.
21. Compatible Land Use.It will take appropriate action,to the extent reasonable,including the adoption of zoning
laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes
compatible with normal airport operations,including landing and takeoff of aircraft. In addition,if the project is
for noise compatibility program implementation,it will not cause or permit any change in land use,within its
jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program
measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust
discrimination to all types,kinds and classes of aeronautical activities,including commercial
aeronautical activities offering services to the public at the airport.
b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport
is granted to any person,firm,or corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring
the contractor to-
(1)furnish said services on a reasonable,and not unjustly discriminatory, basis to all users thereof,
and
(2)charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that
the contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other
similar types of price reductions to volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the same rates,fees,rentals,and other
charges as are uniformly applicable to all other fixed-based operators making the same or similar
uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,nontenant,or subtenant of another air carrier
tenant)shall be subject to such nondiscriminatory and substantially comparable rules,regulations,
conditions,rates,fees,rentals,and other charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all such air carriers which make similar use
of such airport and utilize similar facilities,subject to reasonable classifications such as tenants or
nontenants and signatory carriers and nonsignatory carriers.Classification or status as tenant or
signatory shall not be unreasonably withheld by any airport provided an air carrier assumes
obligations substantially similar to those already imposed on air carriers in such classification or
status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,firm,or
corporation operating aircraft on the airport from performing any services on its own aircraft with its
own employees[including,but not limited to maintenance,repair,and fueling]that it may choose to
perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,
the services involved will be provided on the same conditions as would apply to the furnishing of such
services by commercial aeronautical service providers authorized by the sponsor under these
provisions.
h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by
all users of the airport as may be necessary for the safe and efficient operation of the airport.
Airport Assurances(9/99)State Modified(9/99) A-5
i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if
such action is necessary for the safe operation of the airport or necessary to serve the civil aviation
needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or
intending to provide,aeronautical services to the public. For purposes of this paragraph,the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the
following apply:
a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator
to provide such services,and
b. If allowing more than one fixed-based operator to provide such services would require the reduction
of space leased pursuant to an existing agreement between such single fixed-based operator and
such airport.
It further agrees that it will not,either directly or indirectly,grant or permit any person,firm,or corporation,the
exclusive right at the airport to conduct any aeronautical activities,including,but not limited to charter flights,
pilot training,aircraft rental and sightseeing,aerial photography,crop dusting,aerial advertising and surveying,
air carrier operations,aircraft sales and services,sale of aviation petroleum products whether or not conducted
in conjunction with other aeronautical activity,repair and maintenance of aircraft,sale of aircraft parts,and any
other activities which because of their direct relationship to the operation of aircraft can be regarded as an
aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing
at such an airport before the grant of any assistance under Title 49,United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances existing at the particular
airport,taking into account such factors as the volume of traffic and economy of collection. No part of the
Federal share of an airport development,airport planning or noise compatibility project for which a grant is
made under Title 49, United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport
Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates,and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December
30, 1987,will be expended by it for the capital or operating costs of the airport;the local airport
system;or other local facilities which are owned or operated by the owner or operator of the airport
and which are directly and substantially related to the actual air transportation of passengers or
property;or for noise mitigation purposes on or off the airport.Provided, however,that if covenants or
assurances in debt obligations issued before September 3, 1982,by the owner or operator of the
airport,or provisions enacted before September 3, 1982,in governing statutes controlling the owner
or operator's financing,provide for the use of the revenues from any of the airport owner or operator's
facilities,including the airport,to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities,then this limitation on the use of all revenues generated by
the airport(and,in the case of a public airport,local taxes on aviation fuel)shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the
audit will review,and the resulting audit report will provide an opinion concerning,the use of airport
revenue and taxes in paragraph(a),and indicating whether funds paid or transferred to the owner or
operator are paid or transferred in a manner consistent with Title 49,United States Code and any
other applicable provision of law,including any regulation promulgated by the Secretary or
Administrator.
C. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance
with the provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may
reasonably request and make such reports available to the public;make available to the public at
reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects,make the airport and all airport records and documents affecting the
airport,including deeds,leases,operation and use agreements, regulations and other instruments,
available for inspection by any duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects,make records and documents relating to the project and
continued compliance with the terms,conditions,and assurances of the grant agreement including
deeds,leases,agreements,regulations,and other instruments,available for inspection by any duly
authorized agent of the Secretary upon reasonable request;and
d. in a format and time prescribed by the Secretary,provide to the Secretary and make available to the
public following each of its fiscal years,an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of government and the purposes for which
each such payment was made;and
(ii) all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal
financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by
Government aircraft in common with other aircraft at all times without charge,except,if the use by Government
aircraft is substantial,charge may be made for a reasonable share,proportional to such use,for the cost of
operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise
Airport Assurances(9/99)State Modified(9/99) A-6
agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be
considered to exist when operations of such aircraft are in excess of those which,in the opinion of the
Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any
calendar month that-
a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or
b. The total number of movements(counting each landing as a movement)of Government aircraft is
300 or more,or the gross accumulative weight of Government aircraft using the airport(the total
movement of Government aircraft multiplied by gross weights of such aircraft)is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with
any air traffic control or air navigation activities,or weather-reporting and communication activities related to air
traffic control,any areas of land or water,or estate therein,or rights in buildings of the sponsor as the Secretary
considers necessary or desirable for construction,operation,and maintenance at Federal expense of space or
facilities for such purposes.Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the
airport and all proposed additions thereto,together with the boundaries of all offsite areas owned or
controlled by the sponsor for airport purposes and proposed additions thereto;(2)the location and
nature of all existing and proposed airport facilities and structures(such as runways,taxiways,
aprons,terminal buildings,hangars and roads),including all proposed extensions and reductions of
existing airport facilities;and(3)the location of all existing and proposed nonaviation areas and of all
existing improvements thereon.Such airport layout plans and each amendment,revision,or
modification thereof,shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face of the
airport layout plan.The sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as approved by the
Secretary and which might,in the opinion of the Secretary,adversely affect the safety,utility or
efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary determines
adversely affects the safety,utility,or efficiency of any federally owned,leased,or funded property on
or off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary,the owner or operator will,if requested,by the Secretary(1)eliminate such adverse effect
in a manner approved by the Secretary;or(2)bear all costs of relocating such property(or
replacement thereof)to a site acceptable to the Secretary and all costs of restoring such property(or
replacement thereof)to the level of safety,utility,efficiency,and cost of operation existing before the
unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds
of race,creed,color,national origin,sex,age,or handicap be excluded from participating in any activity
conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the
period during which Federal financial assistance is extended to the program,except where Federal financial
assistance is to provide,or is in the form of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the
following periods:(a)the period during which the property is used for a purpose for which Federal financial
assistance is extended,or for another purpose involving the provision of similar services or benefits,or(b)the
period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,it will dispose of the land,
when the land is no longer needed for such purposes,at fair market value,at the earliest practicable
time.That portion of the proceeds of such disposition which is proportionate to the United States'
share of acquisition of such land will,at the discretion of the Secretary, 1)be paid to the Secretary for
deposit in the Trust Fund,or 2)be reinvested in an approved noise compatibility project as prescribed
by the Secretary.
b. (1)For land purchased under a grant for airport development purposes(other than noise
compatibility),it will,when the land is no longer needed for airport purposes,dispose of such land at
fair market value or make available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land.That portion of the proceeds of such
disposition which is proportionate to the United States'share of the cost of acquisition of such land
will,(a)upon application to the Secretary,be reinvested in another eligible airport improvement
project or projects approved by the Secretary at that airport or within the national airport system,or
(b)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
(2)Land shall be considered to be needed for airport purposes under this assurance if(a)it may be
needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land,
and(b)the revenue from interim uses of such land contributes to the financial self-sufficiency of the
airport. Further,land purchased with a grant received by an airport operator or owner before
December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal
agency making such grant before December 31, 1987,was notified by the operator or owner of the
uses of such land,did not object to such use,and the land continues to be used for that purpose,
such use having commenced no later than December 15, 1989.
Airport Assurances(9/99)State Modified(9/99) A-7
C. Disposition of such land under(a)or(b)will be subject to the retention or reservation of any interest
or right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services. It will award each contract,or sub-contract for program management,
construction management,planning studies,feasibility studies,architectural services,preliminary engineering,
design,engineering,surveying,mapping or related services with respect to the project in the same manner as a
contract for architectural and engineering services is negotiated under Title IX of the Federal Property and
Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the
sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project
which uses any product or service of a foreign country during the period in which such foreign country is listed
by the United States Trade Representative as denying fair and equitable market opportunities for products and
suppliers of the United States in procurement and construction.
34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,
and specifications approved by the Secretary including but not limited to the advisory circulars listed in the
Current FAA Advisory Circulars for AIP projects,dated 7/1/99 and included in this grant,and in accordance with
applicable state policies,standards,and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property,to the greatest
extent practicable under State law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay
or reimburse property owners for necessary expenses as specified in Subpart B.(2)It will provide a relocation
assistance program offering the services described in Subpart C and fair and reasonable relocation payments
and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3)It will make
available within a reasonable period of time prior to displacement,comparable replacement dwellings to
displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable,
intercity buses or other modes of transportation to have access to the airport,however,it has no obligation to
fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race,color,
national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its
DBE program or the requirements of 49 CFR Part 26.The Recipient shall take all necessary and reasonable
steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT-assisted
contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT,is
incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure
to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and
may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986(31 U.S.C. 3801).
Airport Assurances(9/99)State Modified(9/99) A-8
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on:7/1/99
The following apply to both AIP and PFC Projects
NUMBER TITLE
70/7460-1J Obstruction Marking and Lighting
150/5000-13 Announcement of Availability--RTCA Inc.,Document RTCA-221,Guidance and
Recommended Requirements for Airport Surface Movement Sensors
150/5100-14C Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects
150/5200-30A,CHG 1 &2 Airport Winter Safety and Operations
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
150/5210-513 Painting,Marking and Lighting of Vehicles Used on an Airport
150/5210-7B Aircraft Fire and Rescue Communications
150/5210-13A Water Rescue Plans,Facilities,and Equipment
150/5210-14A Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue&Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5210-19 Driver's Enhanced Vision System(DEVS)
150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10B Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-16B Automated Weather Observing Systems for NonFederal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
150/5220-19 Guide Specification for Small,Dual-Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20,CHG 1 Airport Snow and Ice Control Equipment
150/5220-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
150/5300-13,CHG 1,2,3,4,5 Airport Design
150/5300-14 Design of Aircraft Deicing Facilities
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-5B Airport Drainage
150/5320-6D Airport Pavement Design and Evaluation
150/5320-12C Measurement,Construction,and Maintenance of Skid Resistant Airport Pavement
Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5320-16 Airport Pavement Design for the Boeing 777 Airplane
150/5325-4A,CHG 1 Runway Length Requirements for Airport Design
150/5340-1 G Standards for Airport Markings
150/5340-4C,CHG 1 &2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B,CHG 1 Segmented Circle Airport Marker System
150/5340-14B,CHG 1 &2 Economy Approach Lighting Aids
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C,CHG 1 Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
150/5340-24,CHG 1 Runway and Taxiway Edge Lighting System
150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D,CHG 1 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for LB41 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
150/5345-26B,CHG 1 &2 Specification for L823 Plug and Receptacle,Cable Connectors
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D,CHG 1 Precision Approach Path Indicator(PAPI)Systems
150/5345-39B,CHG 1 FAA Specification L853,Runway and Taxiway Centerline Retroreflective Markers
150/5345-42C,CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes and
Accessories
150/5345-43E Specification for Obstruction Lighting Equipment
150/5345-44F,CHG 1 Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L854,Radio Control Equipment
150/5345-50,CHG 1 Specification for Portable Runway Lights
150/5345-51,CHG 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators(GVGI)
150/5345-53A,(including addendum) Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A Airport Signing&Graphics
150/5360-13,CHG 1 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C Operational Safety on Airports During Construction
150/5370-6B Construction Progress and Inspection Report-Airport Grant Program
150/5370-10A CHG 1,2,3,4,5,6,7,8,9 Standards for Specifying Construction of Airports
150/5370-11,CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5390-2A Heliport Design
150/5390-3 Vertiport Design
Airport Assurances(9/99)State Modified(9/99) A-9
INTEROFFICE MEMO
To: HETTIE LANE — AVIATION DEPARTMENT
From: MARIBEL O. LUTTRELL, CITY SECRETARY'S OFFICE
Date: December 20, 2000
SUBJECT: Texas Department of Transportation "TXDOT GRANT" —Airport
Project Participation Agreement at Fort Worth Spinks Airport. (M&C
C-18162, APPROVED 7/25/00, ORDINANCE NO. 14280
--------------------------------------------------
--------------------------------------------------
Attached are (4) contract(s), with the above referenced contractor for Airport
Improvement Project Offer (Federally Assisted Airport Development) at Fort Worth
Spinks Airport.
Signatures, except the above referenced contracting part, have been affixed.
Please obtain the necessary signature(s) and then return the original copy stamped
"Official Record City Secretary Fort Worth, TX." to the Office of the City
Secretary for the assignment of a contract number and to keep in our file. Thank you
in advance for your cooperation. If you have any questions, please feel free to call
Maribel Luttrell at: ext. 6153.
FoP,TWOF,TH
i
INTER-OFFICE MEMORANDUM
TO: ,
4) Hettie Lane, Aviation Department
FROM: Hettie Lane
Aviation De ent
DATE: November 28, 2000
SUBJECT: TxDOT Grant— Fort Worth Spinks Airport
Enclosed are four copies of the above referenced grant agreement for your signature.
Acceptance of this grant was approved by the City Council on � 2,57,00o,
M&C C'- / . After signing, please route to the next person isted.
Please return ALL copies to the Aviation Department for forwarding to TxDOT. TxDOT
will return three copies after they have signed the agreement. The City Secretary's
Office will assign a contract number to the agreement after TxDOT returns the copies.
Call Hettie Lane, Extension 5406.
/hl
Enclosures
�'WORR
OEPARIYENIOf
AVUiIOR
DEPARTMENT OF AVIATION-MEA HAM INTERNATIONAL AIRPORT
4201 N MAIN ST.,SUITE 200 •FORT WORTH,TEXAS 76106-27.19
(817)871-5400 •FAX(817)871-5413
TxDOT GRANT-$PINKS 11-28-00 DOC
City of Fort Worth, Texas
4nesuar And council communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/25/00 **C-18162 1 55AIR 1 of 1
SUBJECT APPROPRIATION ORDINANCE AND ACCEPTANCE OF TEXAS DEPARTMENT OF
TRANSPORTATION AIRPORT IMPROVEMENT PROJECT OFFER (FEDERALLY
ASSISTED AIRPORT DEVELOPMENT) AT FORT WORTH SPINKS AIRPORT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Aviation Improvements Capital Projects Fund by $76,093 from the sale of bonds for the City's 10%
share of the construction costs; and
2. Execute an Airport Development Agreement from the Texas Department of Transportation (TxDOT)
for the construction phase in the amount of$757,160.
DISCUSSION:
The Spinks Airport TxDOT Airport Improvement Project is scheduled to begin construction in early
August 2000. The project will encompass several airfield upgrades including airfield signage, Precision
Approach Path Indicator (PAPI) installation, runway/taxiway markings, runway/taxiway repair, relocation
� of airport rotating beacon, and taxiway centerline and edge reflectors.
TxDOT, acting as the City's agent, will receive and disburse all funds associated with this project.
The total estimated project cost for design and construction is $833,877. TxDOT's share of the project is
$750,489. The total estimated share to the City is $83,388, of which $7,295 has been paid (M&C C-17506)
leaving a balance due of$76,093. Certificates of Obligation were sold to provide the City's share of this
project.
This property is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be available
in the current capital budget, as appropriated, of the Aviation Improvements Capital Project Fund.
RG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
1)GC24 485200 013240439010 $76,093.00
Ramon Guajardo 6140 1)GC24 539120 013240439010 $76,093.00 APPROVED
Originating Department Head: CITY COUNCIL
Lisa A.Pyles 5400 (from) JUL 25 2000
3)GC24 539120 013240439010 $76,093.00
Additional Information Contact: A0.
447- l�
Mike Feeley 8304 City secretary of the
Y City of Fort Worth Wxar
Adooted Ordinance No. /y1