HomeMy WebLinkAboutContract 37505 (2)Y GETARY
NO`.
TEXAS DEPARTMENT OF TRANSPORTATION N T RACT
AIRPORT PROJECT PARTICIPA 11U1-1 AGREEMENT
(Federally Assisted Airport development Grant)
TxDOT CSJ No.: 0702FWSPK
TxDOT Project No.: AP SPINKS 10
TxDOT Contract No.: 7XXAV094
Commission Approval: July 27, 2007
NPE Funds Applied:FY04, FY05, FY06, FY07,
FY 08, FY 09, FY 10
Part I -Identification of the Pp•ojeet
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1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq.,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 to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et
seq. (Vernon and Vernon Supp).
The project. is described as construction services to: reconstruct taxiway T-2, T-3, taxiway
C; install new taxiway guidance signs; reconstruct terminal portion Wildcat Way; reconstruct
portion of road; install lighting regulator; drainage improvements and culverts to taxiway T-2;
and expand apron north of new terminal building at the Fort Worth Spinks Airport.
The Sponsor applies for federal financial assistance and desires the State to not 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 �P to accrue to the United States and the public from the
OFFICIAL RECORD 1 of27
CITY SECRETARY
FT, 'WORTH, TX
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"), OFFERS AND AGREES to pay, as
the United States share of the allowable costs incurred in accomplishing the project, ninety
percenhun of all allowable project costs. This grant is made on and subject to the following terms
and conditions:
Part II -Offer of Financial Assistance
l . 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 $2,317,691.00
(Amount A). It is further estimated that approximately $1,324,783.00 (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. It is further
estimated that approximately $506,300 (Amount C) of the project costs will be eligible
for federal financial assistance, and that federal financial assistance will be for fifty
percent (50%) 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
$1,445,455.00 (Amount D).
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 %J 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 $872,236.00
(Amount E). $486,608 of Amount E is 100% ineligible costs. The ineligible item is to
expand apron north of new terminal building. The Sponsor specifically agrees that it
shall pay any project costs, which exceed the sum of the federal share (Amount D).
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 stated in Paragrapli II-2. The State shall refund to the
2 of 27
Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor.
5. 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 limitations, and will advise the
Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment,
the maximum obligation of the United States is adjusted to the amount specified and the
Sponsor will remit their share of the increased grant amount.
The State may decrease the agreement after completion of the describer scope. The
Sponsor will be notified by letter of the decreased 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 E) 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 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 finds. 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
Spo113or'3 financial obligation (AII1oU1lt E) 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
l . In accepting the Agreement, the Sponsor guarantees that:
3 of 27
it will comply with the Attaclunent A, .Certification of Airport Fund, attached and
made a part of this agreement; and
b. it will comply with the Attachment B, Certification of Project Funds, attached and
made a part of this Agreement; and
c. it will comply with the Attachment C, Airport Assurances (3/2005)(State
Modified 3/2005), attached and made a part of this Agreement; and
d. 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
e. 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
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
f. 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
g. 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
h. 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
i. 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
I
mmediate 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
j. it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state acid 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
4 of 27
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
k. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
1. 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).
m. 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 find may be an account within
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 field 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
n. for federally fended projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
o. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
p. 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 aviation
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
q, 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
5 of27
or affecting the above project; and
r. 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
s. 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
t. 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 "fiends" means
fiends, 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 fiends. 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
pertaining to the determination of the amount of the fiends or to any settlement,
litigation, negotiation, or other efforts taken to recover such fiends. All
settlements or other final positions of the Sponsor, in court or otherwise,
involving the recovery of such fields 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 fi•ame 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
6 of 27
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 Attorneys
Certificate of Airport Property Interests and Exhibit A property map.
7. The Sponsor shall have on file with the State, Attachment D, Certification Regarding
Drug -Free Workplace Requirements, attached and made a part of this agreement.
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. Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid ftmded 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. 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 to the
provisions in Attachment E "Pavement Maintenance Management Program", attached
and made a part of this agreement.
11. The Sponsor may utilize paving specifications meeting State Highway criteria for
runways at non -primary airports with lengths up to 5,000 feet and serving aircraft not
exceeding 60,000 pounds gross take -off weight. The sponsor agrees not to request
additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing
State specification for 10 years from pavement acceptance.
7 of 27
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.
Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agcnt:
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 I-Iistorically
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
8 of 27
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;
lc, 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.
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.
9 of27
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 necessaiy 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
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 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.
12. The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of finds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those finds. An entity that is the subject of an audit or investigation must provide the
state auditor with access to any information the state auditor considers relevant to the
investigation or audit.
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 day of , 204.
The City of Fort Worth, Texas
Sponsor
Witness Signature
AD M / Iq Icy R4 T / uL 9Z/3)qN
Witness Title
Sponsor Si a ure 7
Certificate of Sponsor's Attorney
I, ( , j arkg rt e, ��y1c� er5 , acting as attorney for 0 c (3`�
Texas, do certify that I have 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 I�,J6 r �-GL ,Texas, this day of , 20
r
61t?7, n i S �i� a �r'vf �S i ftarl
Witness Title
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Attorney Signature
Contra t AuthortzatiOu -
Date
- - - = 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
TEXAS DEPARTMENT OF TRANSPORTATION
s
David S. i=ulton, Director
Aviation Division
Texas Department of Transportation
Date:
-A I 1 ACHMENT A
The Sponsor does certify that an Airport Fund has been established for the Sponsor, 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 fluid
expenditures or any other special fund of the Sponsor 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 fiord as a whole.
The City of Fort Worth, Texas
(Sponsor)
By
Title: (6L4 6
Date:
ATTACHMENT B
CIJRTIFICATIOIN OF PROJI✓CT FUNDS
TxDOT Contract No.. 7XXAV094
TxDOT CSJ No.: 0702FWSPK
The Sponsor 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:
�rntrne
Arnrnmt
SPONSOR FUNDS
Date Available
Airport Gas Lease Project Fund $872,236 8/8/2008
The Sponsor, has caused this to be duly executed in its name, t1i3 day of
20.
The City of Fort Worth, Texas
(Sponsor)
By:
Title:
ATTACiiMEN"IC
PAlt "I' V
ASSURANCES
Airport Sponsors (3-2005)
A. General.
1. These assurances shall he 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 he submitted as part of the project Airport Project Participation Agreement (hereinalier
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.
R. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public r\gcncy Sponsor. "lire terms,
conditions and assurances of lire grant agreement shall remain in full force and eflecl 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 dale 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. rlirpm•1 Development or Noise Compatibility Projects Undcrhikcn 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 i, 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 Pcdcrd laws, rcgulalions, executive orders, policies,
guidelines, and requirements as they relate to the application, acccptancc and use of Fcdcral funds for this project including but not
limited to the following:
Federal Legislation
a. Title 495 U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, el seq.
d. Hatch Act — 5 U.S.C. 1501, et seq. 2
C. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seg_
2
f. National Historic Preservation Act of 1966 -Section 106 - 16 U.S.C. 470(I).'
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 seq.
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.1
1. 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. 6 10 1, et sec.
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. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.1
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et 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 seq.'
�. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
16 of 27
Executive Orders
Exeentive
Order 11246 - Equal Employment Opportunily�
Executive
Order 1 1990 - Protection of Wetlands
Executive
Order 11998 — Flood Plain Management
Executive
Order 12372 - Intergovernmental Review of Fedcral Programs.
Executive
Order 12699 - Seismic Safely 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 CPR Part 150 - Airport noise compatibility planning.
d.
29 CFR Part ] - Procedures for predetermination ofwage 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 contracts subject to the Contract Work Hours and
Safety Standards
Act).'
g.
41 CPR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor (Federal
and federally assisted contracting requircmcnts).
h.
49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local
governments.3
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
ofTitic 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
Ill.
49 CPR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation
Programs.
u.
49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting
from Federal
financial assistance.I
o.
49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide
requirements
for drug -free workplace (grants).
p.
49 CFR Part 30 - Denial ol•public works contracts to suppliers of goods and services of countries that deny
procurement
market access to U.S. contractors.
q.
49 CFR Part 4 ] - Seismic safety of federal and federally assisted or regulated new building construction.I
Office of Management and Budget Circulars
a. A-87 -Cost Principles Applicable to Grants and Contracts with State and Local Govcrnmcnts.
b A-133 -Audits of Slates, local Govcrnmcnts, and Non -Profit Organi'r_ations
These laws do not apply to airport planning sponsors.
z These laws do not apply to private sponsors.
' 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 oi'the Sponsor.
a. Public agency Sponsor: 11 has Icgal authority to apply for the ;rant, and to linance and carry out the proposed
project; that a resolution, motion or similar action has been duly adopted or passed as an ofliciai act of the applicant's
governing body authorizing the tiling of the application, 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
application 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 tine this application, including all understandings and assurances contained
therein; to act in connection with this application; and to provide such additional information as may be required.
3. Spmrsm- 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 has sufficient funds available to assure operation and maintenance of items funded raider 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 satislitctory In the Secretary that good title will be acquired.
17 of 27
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 Powcrs.
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
world 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 other++yisc transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibilityprogram 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 linancial resources to
carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's
merest, 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 govenunenl 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.enl'orce 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 ++'ill enter into an
agreement with
the owner of that property
+which includes
provisions specified by the Secretary. It
will lake 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 Al
continue to tlmction as a public -use airport in accordance with these assuruices for the duration of these assurances.
f. if an arrangement is made Co 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 flans. The project is reasonably consistent with plans (existing at the time of submission of this
application) 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 ot• Local interest. It has given lair consideration to the interest ofconununities 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 493 United States
Code, it has undertaken reasonable consultations with alTected 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 considcrina the economic, social, and environmental effects of the airport or rumvay
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 ol•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 )'I
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 gmaligy standards. hr 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 alter
the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved alter January 1, 1995, for the rcplacemcnt or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an cfleclive 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 linancial
assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may
be useful.
12.
Terminal
development
Prerequisites. For projects which
include terminal
development at a public
use airport, as
delincd
in Title 49, it has, on
the
date of submittal of
the
project grant
application, all the safety equipment
required for certification
of such airport
under
18 of 27
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 aircralt 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 ot'the cost 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
n 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. il7inimum 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 liuuled 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.
Coni'ormity to Plans and Speeilications. 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
Any modification to (he approved plans, specifications, and schedules shall
approval of• the Secretary, shall be incorporated
also be subject to approval of the
into this grant agreement.
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. II
shall subject the construction work on any project contained in an approved project application 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 cos(
and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. ha carrying out planning projects:
a. It +will execute the project in accordance +with the approved program narrative contained in the project application
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
lands under this project shall be subject Un 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 application for a Federal airport grant.
l 9 o47 27
19. Operation and Maintenance.
a. The airport and all facifitics 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- (i) Operating
the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting Irom 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 o+vns or controls upon which
Federal funds have been expended.
20. hazard Removal and D7itigatimi. II 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. 1sconomic Nondiscrimination.
a. Ii w ll make the airport available as an airport for public use on reasonable terms and withotil 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, Icase, or other arrangement render 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-
( I ) 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
unilcnmly 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, non tenant, 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 non tenants and signatory carriers and non signatory 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 aircrali
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.
20 of 27
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. CXClus N e Rights. h 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. P'ce and Rental Sh•uchn•c. It will maintain a fee and rental structure for the facilities and services at the airport which will make the
airport as sell=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 Stales 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. Airpm•t 12cvcnucs.
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 facilftics, then this limitation on the use ofall
revenues generated by the airport (and, in the case ol•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 opinimi 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.
2G. 12eports 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 al 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 terns, 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 It;cilities 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 nrty he 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 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 aircrait are in
21 of 27
excess of those which, in the opinion of the Secretary, would Unduly interfere with use ol'the landing areas by other authorized aircralt, 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 aircrall 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 I'm iederal Pscilitics. it will furnish without cost to the Federal Government for use in connection with any air tral'1ic
control or air navigation activities, or weather -reporting and communication activities related to all 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.
2'). 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 oflsite 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 safely, utility, or efficiency of any federally owned, leased, or funded properly 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 ( I ) 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 bencliting lion funds received lion
this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where
I=cderal financial assistance is to provide, or is in the form of personal properly 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, al the earliest prtclicahie time. "That portion of the proceeds
oI such disposition which is proportionate to the United Slates' share of acquisition ol'such land will, at the discretion of tire
Secretary, (i) 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, including the purchase of nonresidential buildings or properly in the vicinity of
residential buildings or property previously purchased by the airport as part of a noise compatibility program.
b. 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 Stalesproportionate 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, ( I ) 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 (2) be paid to the Secretary for deposit in the Trust Fund if
no eligible project exists.
c. Land shall be considered to he needed for airport purposes under this assurance if(I) it may be needed for
aeronautical purposes (including runway protection zones) or serve as noise bulTcr land, and (2) the revenue fiom interim
uses of such land contributes to the linancialself-sufficiency of the airport. further, land purchased tvilh 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.
d. Disposition of such land under (a) (b) or (c) 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.
22 of 27
32. Engineering and Design Services. it will aNvard 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 i�9arkct 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. /twill carry out the project in accordance with policies, standards, and
specifications approved by the Secretary including bill not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP
projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the
Secretary.
35. Relocation and Rcal Property Acquisition. (1) it will be guided in acquiring real property, to the greatest extent practicable
rider 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 13. (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 ol'49 CPR
Part 24.
3(. Access
By Lrtercity 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
othermodes 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 CPR 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 cnlorcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act
of 1986 (31 U.S.C. 3801).
38.
hangar
Conshruction.
If the airport owner or operator and a person who owns an aircrall
agree that a hangar is to be
constructed al the
airport for the aircrall at the
aircrall owner's
expense, the airport owner or operator will grant
to the aireralt owner for the hangar
a long term lease
that is subject
to such terms and conditions
on the hangar as the airport owner or operator may
impose.
39. Competitive Access.
a. if the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.)
has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator
shall transmit a report to the Secretary that-
1 . Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated, and
3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February I or August I ofeach year if the airport has been unable to
accommodate the request(s) in the six month period prior to the applicable due date.
CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS
I�JZi� W&RU9F'+.
1. NUMBER
TITLE
70/7460-land Change 1
Obstruction Marking and Lighting
150/5000-13
Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and
Recommended Requirements for Airport Surface Movement Sensors
150/5100-15A
Civil Rights Requirements For The Airport Improvement Program
150/5070-6A
Airport Master Plans
150/5190-5 and Change 1
Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities
150/5200-28B
Notices to Airmen NOTAMS for Airport Operators
150/5210-513
150/5210-7C
Painting, Markin and Lighting of Vehicles Used on an Airport
Aircraft Fire and Rescue Communications
150/5210-13B
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
150/5220-413
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10C
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-13B
Runway Surface Condition Sensor Specification Guide
150/5220-16C
Automated Weather Observing Systems for Nonfederal Applications
150/5220-17A and Change 1
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 and Change 1
Airport Snow and Ice Control Equipment
150/5220-21B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
150/5220-22 and Change 1
Engineered Materials Arresting Systems EMAS for Aircraft Overruns
150/5300-13 and Changes 1
through 8
Airport Design
150/5300-14 and Changes 1 and 2
Desi n of Aircraft Deicing Facilities
150/5320-513
Airport Draina e
150/5320-6D and Changes 1
through 3
Airport Pavement Design and Evaluation
150/5320-12C and Changes 1
through 6
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5320-15 and Change 1
Management of Airport Industrial Waste
150/5320-17
Airfield Pavement Surface Evaluation and Rating PASER Manuals
150/53254A and Change 1
Runway Length Requirements for Airport Design
150/5335-5 and Change 1
Standardized Method of Reporting Pavement Strength PCN
150/5340-1J
Standards for Airport Markings
150/5340-513 and Change 1
Segmented Circle Airport Marker System
150/5340-18D
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Liqhtinq System
150/5345-3E
Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5345-7E
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 L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-26C
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28F
Precision Approach Path Indicator (PAPI) Systems
150/5345-3913 and Change 1
FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers
150/5345-42D
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
150/5345-43E
Specification for Obstruction Lighting Equipment
150/5345-44G
Specification for Taxiway and Runway Signs
150/5345-45A
Lightweight Approach Light Structure
150/5345-46B
Specification for Runway and Taxiway Light Fixtures
150/5345-47A
Isolation Transformers for Airport Li htin Systems
150/5345-49A
Specification L854, Radio Control Equipment
150/5345-50 and Change 1
Specification for Portable Runway Lights
150/5345-51 and Change 1
Specification for Discharge -Type Flasher Equipment
150/5345-52
Generic Visual Glideslo e Indicators GVGI
150/5345-53B
Airport Lighting Equipment Certification Program
150/5345-54A and Change 1
Specification for L-1884 Power and Control Unit for Land and Hold Short
24 of 27
150/5345-55
Lighted Visual Aid to Indicate Temporary Runway Closure
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-11
Energy Conservation for Airport Buildings
150/5360-12D
Airport Signing & Graphics
150/5360-13
and Change 1
Planninq and Design Guidance for Airport Terminal Facilities
150/5370-2E
Operational Safety on Airports During Construction
150/5370-1013
Standards for Specifying Construction of Airports
150/5370-13
Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5380-6A
Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7
Pavement Management System
150/5380-8
Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements
150/5390-213
Heliport Design
150/5390-3
Verti ort Desi n
150/5395-1
Seaplane Bases
150/5200-30
Airport Winter Safety and Operations
150/5200-33
Hazardous Wildlife Attractants On or Near Airports
150/5300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5370-11
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5370-6
Construction Progress and Inspection Report -Airport Grant Program
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
Dated: 7/1/05
2. NUMBER
TITLE
150/5100-14C
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
150/5100-15A
Civil Rights Requirements For The Airport Improvement Program
150/5100-17 and Changes 1
through 4
Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted
Projects
150/5190-5 and Change 1
Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities
150/5200-30A and Changes 1
through 8
Airport Winter Safety and Operations
150/5200-33A
Hazardous Wildlife Attractants on or Near Airports
150/5300-15
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating PASER Manuals
150/5360-11
Energy Conservation for Airport Buildings
150/5370-613
Construction Progress and Inspection Report —Airport Grant Program
150/5370-11A
Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5370-13
Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5380-7
Pavement Management System
150/5380-8
Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Dated: 7(1/05
3. NUMBER TITLE
150/5000-12 Announcement of Availability —Passenger Facility Charge (PFC) Application (FAA Form 5500-
1
ATTACHMENT D
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-
(I ) 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-
(i) 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
Signed:
if there are workplaces on file that are not identified here.
�J
and Title of S
Representative
Dated
L
ATTACHMENT E
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 it deems appropriate. The program must, as a minimum,
include the following:
1. Pavement Invento►y. The following must be depicted in an appropriate form and level of details:
a. location of all runways, taxiways, and aprons
b. dimensions
C. type of pavement
d. 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.
Z. 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 minimum
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.
j. 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.