HomeMy WebLinkAboutContract 41971 (2)l 'Y SECRETARY
�NTRACT ��
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 0702SPINK
TxDOT Project No.: AP SPINKS 9
TxDOT Contract No.: 7XXAV046
Commission Approval: September 28, 2006
NPE Funds Applied: M 1
DUNS: 073170458
C.F.D.A.:20.106
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as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter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 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: level up connecting taxiways E & F
and portion of taxiway A; grade runway safety areas at Runway 17-35; and adjust threshold lights
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.
OFFICIAL RECORD
Pursuant to and for the purpose
consideration of (a) the Sponsor's adopt
contained in the Airport Project Parti4
of Title 49 USC., and in
..
representations and assurances
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"), OFFERS AND AGREES to pay, as the
United States share of the allowable costs incurred in accomplishing the project, ninety 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.0 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 $786,500.00 (Amount
A) It is further estimated that approximately $786,500.00 (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
$707,850.00 (Amount C).
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 tofulfill 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 $78,650.00
(Amount D). At project closeout, Sponsor will be reimbursed for any credited amounts that
exceed Sponsor's share. The Sponsor specifically agrees that it shall pay any project costs,
which exceed the sum of the federal share (Amount C).
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 Paragraph II-2 The State shall refund to the Sponsor, at
the financial closure of the project, any excess funds provided by the Sponsor
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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 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 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:
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a. it will comply with the Attachment 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 (3/2011)(State Modified
3/2011), 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
aenal 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 will not pennnit or enter into any arrangement that results in permission for the
owner or tenant of a property used as a residence, or zoned for residential use, to
taxi an aircraft between that property and any location on airport; and.
J•
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
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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
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 fund 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 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
n. for federally funded 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
nonnal 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
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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
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
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
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.
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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, 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 peiinit 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 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. 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
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"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.
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 Agent:
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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;
administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations
Contract Management Agent.
ga 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,
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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.
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.0 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
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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 teens 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 funds 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 funds. 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.
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Part vI o Acceptance of the Sponsor
The City of Fort Worth, Texas, does ratify and OF 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 N day of 004/Z000 , 20,t.
�TV1tnP.cc illrP,
The City of Fort Worth, Texas
Sponsor
Sponsor Signature
Sponsor Title
nCertificate of Sponsor's Attorney r `
: c - , acting as attorney for W r�
Texas, do certify that I have fully examined the Agreement and the proc edings 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.
Witness Signature
Contraci. Au'�hoxi�attioa
)ate
Attorney Signature
OFFICIAL RECORD
CITY SECRETARY
F p s TX
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
By:
Date:
ATTACHMENT 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 fund
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 fund as a whole.
The City of Fort Worth, Texas
(Sponsor)
By:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTHO Tx i
ATTACHMENT B
TxDOT Contract No.: 7XXAV046
TxDOT CSJ No.: 0702SPINK
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.
Rrn�rra
Amnnnt
SPONSOR FUNDS
Date Available
The Sponsor, has caused this to be duly executed in its name, this
C Q_, 20-AA—.
AFFICIAL RIECCRC
CIYY SECIZETi�f�`�
FT. WORTH, TX
5�— day of
The City of Fort Worth, Texas
(Sponsor)
By:
ATTACHMENT C
Part V ASSURANCES Airport Sponsors March 2011
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 application 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 this grant offer by the sponsor, these assurances are incorporated in and
become part of this 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 this 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 this 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 this 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:
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1
General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines and requirements as they relate to the application,
acceptance and use of Federal funds for this project including but not limited to the followmg:
Federal Legislation
a. Title 49, U.S.C. subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.l
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.0 4601, et seq.1 2
f. National Historic Preservation Act of 1966 - Section 106 -16 U.S.C. 4700).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
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 1
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m Rehabilitation Act of 1973 - 29 U.S.0 794.
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 seq.
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 seq.'
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.'
✓ . Wild and Scenic Rivers Act, P.L. 90-542, as amended
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
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 SafetyofFederal and Federally Assisted NewBuildmg Construction)
Executive Order 12898 - Environmental Justice
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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.1
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.1
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).1
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity Department of Labor (Federal and federally assisted contracting requirements).1
it 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
1. 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
1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs 12
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!
0. 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 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.1
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 m grant agreements by any of the above laws, regulations
or circulars are incorporated by reference in this grant agreement.
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2 Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this 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
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 this 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 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. 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 has sufficient funds available to assure
operation and maintenance of items funded under this 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.
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 m this 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 application 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 this 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 this 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
sponsors 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 govemment. 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
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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 this grant agreement and shall insure that such arrangement also requires
compliance therewith
g. It will not permit or enter into any arrangement that results in permission for the owner or
tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft
between that property and any location on airport.
6. Consistency with Local Plans. 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 m 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 involvmg 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 m which the project is
located to certify in wasting 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 application 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.
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 application, 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.
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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 this grant, the total cost of the project in
connection with which this grant is given or used, and the amount or nature of that
portion of 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 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 this 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
this 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.
13 Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects funded under this grant agreement which involve labor, provisions
estabhshing 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 mclude in all contracts for work on any project
funded under this 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 this 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 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 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 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.
21 of 35
Et
a
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.
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.
Operation and Mamtenance.
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 temporanly 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,
mcludmg 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 penods 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
22 of 35
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 puce reductions to
volume purchasers.
c. Each fixed -based operator at the as 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 carver 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 canrier 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
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 furnishmg 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
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.
Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or mtending to provide, aeronautical services to the public. For purposes of
this paragraph, the providing of the services at an airport by a
23 of 35
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 dustmg, aenal 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
conceming 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:
24 of 35
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 prescnbed 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 this 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:
1) all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2) 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 landmg 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 detemuned by the Secretary, or otherwise agreed to by the sponsor and the using
agency, substantial use of an airport by Govemment 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 Govemment aircraft
is 300 or more, or the gross accumulative weight of Govemment aircraft usmg the airport (the
total movement of Govemment 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 buildmgs 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,
25 of 35
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 m 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 dunng 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
earhest 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,
including the purchase of nonresidential buildings or property 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 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, (1) 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 be needed for airport purposes under this assurance if (1) it
may be needed for aeronautical purposes (including runway protection zones) or serve as
noise buffer land, and (2) 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
26 of 35
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.
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 Ail' projects, dated (the latest
approved version as of this grant offer) 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 pohcies 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).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a
hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense the airport
owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to
27 of 35
such terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a.
b.
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 camer 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.
Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request(s) in the six month period prior to the
applicable due date.
28 of 35
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND
PFC APPROVED PROJECTS
Dated: 6/2/2010
View the most current versions of these ACs and any associated changes at:
http.//www.faa.qov/airports airtraffic/airports/resources/advisory circulars
NUMBER
T
TITLE
70/7460-1
K
Obstruction
Marking
and
Lighting
150/5000-13A
Announcement
Availability
RTCA
Inc
Document
RTCA-221,
Guidance
of
,
Recommended
Requirements
for Airports
Surface
Movement
Sensors
and
150/5020-1
Noise
Control
and
Compatibility
Planning
for Airports
150/5070-6B
Change
1
Airport
Master
Plans
150/5070-7
The
Airport
System
Planning
Process
150/5200-28D
Notices
to
Airmen
(NOTAMS)
for
Airport
Operators
150/5200-30C
Airport
Winter
Safety
Operations
and
150/5200-33B
Hazardous
Wildlife
Attractants
On
or
Near
Airports
150/5210-5D
Painting,
Marking
Lighting
Vehicles
Used
Airport
and
of
on an
150/5210-7D
Aircraft
Fire and
Rescue
Communications
150/5210-13B
Water
Rescue Plans,
Facilities,
Equipment
and
150/5210
14B
Aircraft
Rescue
Fire
Fighting
Equipment,
Tools,
and
Clothing
150/5210-15A
Airport
Rescue &
Firefighting
Station
Building
Design
150/5210-18A
Systems
for
Interactive
Training
Airport
Personnel
of
150/5210-19A
Driver's
Enhanced
Vision System
(DEVS)
150/5220-4B
Water
Supply
Systems
for Aircraft
Fire
Rescue
Protection
and
150/5220-13B
Runway Surface
Condition
Sensor Specification
Guide
150/5220-16C
Automated
Weather
Observing
Systems
for
Non
-Federal
Applications
29 of 35
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010
NUMBER
TITLE
150/5220-17A
and
Change
1
Design
Standards
for an Aircraft
Rescue
Training
Facility
Firefighting
150/5220-18A
Buildings
Equipment
for Storage
and
Materials
and
Maintenance
of
Airport
Snow and
Ice Control
150/5220-20
Change
1
and
Airport
Snow and
Ice Control
Equipment
150/5220-21B
Impairments
Guide
Specification
for
Lifts
Used
to
Board
Airline
Passengers
With
Mobility
150/5220-22A
Engineered
Materials
Arresting
System
(EMAS)
for Aircraft
Overruns
150/5220-23
Frangible
Connections
150/5220-24
Foreign
Object
Debris
Detection
Equipment
150/5300-13
Changes
and
1
—15
Airport
Design
150/5300
14B
Design
of
Aircraft
Deicing
Facilities
150/5300-16A
General
Establishment
Survey
Guidance
of
Geodetic
and
Specifications
Control
and
for
Submission
Aeronautical
to
the
Surveys:
National
Geodetic
150/5300-17B
General
Acquisition
Guidance
and
Specifications
for Aeronautical
Survey Airport
Imagery
150/5300-18B
General
to
Standards
NGS:
Guidance
Data
and
Collection
Specifications
and
Geographic
for
Submission
of
Aeronautical
System
(GIS)
Surveys
Information
Field
150/5320-5C
Change
and
1
Surface
Drainage
Design
150/5320-6E
Airport
Pavement
Design
and
Evaluation
150/5320-12C
and
Changes
through
1
8
Measurement,
Pavement
Surfaces
Construction,
and
Maintenance
of
Skid
Resistant
Airport
150/5320-14
Airport
Landscaping
for
Noise
Control
Purposes
30 of 35
NUMBER
TITLE
150/5320-15A
Management
of
Airport
Industrial
Waste
150/5325
4B
Runway
Length
Requirements
for
Airport
Design
150/5335-5A
Standardized
Method
Reporting
Airport
Pavement
Strength
PCN
of
150/5340
1
J
Standards
for
Airport
Markings
(Change
1
&2)
Change
and
2
150/5340-5C
Segmented
Circle
Airport
Marker
System
150/5340
18E
Standards
for
Airport
Sign
Systems
150/5340
30D
Design
Installation
Details
for
Airport
Visual
Aids
and
150/5345-3F
Specification
for
L821
Panels
for
the
Control
Airport
Lighting
of
150/5345-5B
Circuit
Selector
Switch
1505345-7E
Specification
Circuits
for
L824
Underground
Electrical
Cable
for Airport
Lighting
150/5345
10F
Specification
for Constant
Current
Regulators
Regulator
Monitors
150/5345
12E
Specification
for Airport
and
Heliport
Beacon
150/5345
13B
Specification
for
L841
Auxiliary
Relay
Cabinet
Assembly
for
Pilot
Control
of
Airport
Lighting
Circuits
150/5345
26D
Specification
for
L823
Plug
Receptacle,
Cable
Connectors
and
150/5345-27D
Specification
for Wind
Cone
Assemblies
150/5345
28F
Precision
Approach
Path
Indicator
Systems
(PAPI)
150/5345-39C
FAA Specification
L853,
Runway
Taxiway
Retroreflective
Markers
and
150/5345-42F
Specification
for Airport
Light
Bases,
Transformer
Housings,
Junction
Boxes
and
Accessories
150/5345-43F
Specification
for Obstruction
Lighting
Equipment
150/5345-44H
Specification
for
Taxiway and
Runway Signs
150/5345-45C
Low -Impact
Resistant
(LIR)
Structures
31 of 35
NUMBER
T
TITLE
150/5345
46D
Specification
for
Runway and
Taxiway
Light
Fixtures
150/5345
47B
Specifications
Lighting
System
for
Series
to Series
Isolation
Transformers
for Airport
150/5345-49C
Specification
L854,
Radio
Control
Equipment
150/5345
50B
Specification
for
Portable
Runway and
Taxiway
Lights
150/5345-51A
Specification
for
Discharge
-Type
Equipment
Flasher
150/5345
52A
Generic Visual
Glideslope
Indicators
(GVGI)
150/5345
53C
Airport
Lighting
Equipment
Certification
Program
150/5345
54B
Specification
for
L-1884,
Power and
Control
Unit
for
Land
and
Hold
Short
150/5345-55A
Specification
Closure
for
L893,
Lighted
Visual
Aid
to
Indicate
Temporary
Runway
150/5345
56A
Specification
(ALCMS)
for
L-890 Airport
Lighting
Control
and
Monitoring
System
150/5360-9
Planning
and
Design
of
Airport
Terminal
Facilities
at
NonHub
Locations
150/5360-12E
Airport
Signing
and
Graphics
and
150/5360-13
Change
1
Planning
and
Design
Guidance
for Airport
Terminal
Facilities
150/5370-2E
Operational
Safety
on Airports
During
Construction
150/5370-10E
Standards
for Specifying
Construction
of
Airports
150/5370-11A
Use
Pavement
of
Nondestructive
Testing
Devices in the
Evaluation
of
Airport
150/5380-6B
Guidelines
and
Procedures
for
Maintenance
of
Airport
Pavements
150/5390-2B
Heliport
Design
150/5390-3
Vertiport
Design
150/5395-1
Seaplane
Bases
32 of 35
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
DATED 6/2/2010
NUMBER
TITLE
150/5100-14D
Architectural
Engineering,
Planning
Consultant
Services
for Airport
and
Grant
Projects
150/5100-15A
Civil
Rights
Requirements
for
the
Airport
Improvement
Program
150/5100-17
and
through
Changes
6
1
Land
Assisted
Acquisition
Projects
and
Relocation
Assistance
for Airport
Improvement
Program
150/5200-37
Introduction
to Safety
Management
Systems
for Airport
Operators
(SMS)
150/5300-15A
Use
of
Value
Engineering
for
Engineering
Design
of
Airports
Grant
Projects
150/5320-17
Airfield
Pavement
Surface
Evaluation
and
Rating
(PASER)
Manuals
150/5370-6D
Change
1-4
Construction
Progress
Inspection
Report
Airport
Grant
Program
and
—
150/5370-12A
Quality
Control
of
Construction
for Airport
Grant
Projects
150/5370-13A
Offpeak
Construction
of
Airport
Pavements
Using
Hot
-Mix
Asphalt
150/5380-7A
Airport
Pavement
Management
Program
150/5380-8A
Handbook
for
Identification
Alkali
Reactivity
in Airfield
Pavements
of
-Silica
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 6/2/2010
T TLE
150/5000-12
Announcement of Availability — Passenger Facility Charge (PFC) Application
(FAA Form 5500-1)
33 of 35
ATTACHMENT D
CERTIFICATION REGARDING DRUGFREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide adrug-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)
r.ir4W or i S v n'�) Pr"ds, l'
1S kk51 wc�� way
Worfk T x ' 6oO Le
Check
Signed:
if there are workplaces on file that are not identified here.
Typed Name and Title of Sponsor Representative
Dated:
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 Inventory. 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.
2. Inspection Schedule.
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.
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
mamtenance program. Specific types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
35 of 35
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2011 - Ordinance Nos. 19721-06-2011 & 19722-06-
2011
DATE: Tuesday, June 07, 2011
LOG NAME: 55FWS PHASE 2 (00236)
SUBJECT:
REFERENCE NO.: **C-24935
Approve and Accept, if Awarded, a Grant from the Texas Department of Transportation in the Amount of
$786,500.00 for Phase II of Airfield Improvements at Spinks Airport and Authorize Use of Mineral Lease
Revenue in the Amount of $78,650 00 for the Grant Match and Adopt Appropriation Ordinances (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept if awarded, a grant from the Texas Department of Transportation
in the amount of $786,500.00 for Phase II of Airfield Improvements at Spinks Airport
2. Authorize the use of revenue derived from gas well drilling on City owned airports in the amount of
$78,650.00 to provide for the City's 10 percent grant match;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Airports Gas Lease Project Fund in the amount of $78,650.00 from available funds;
4. Authorize the transfer of $78 650.00 from the Airports Gas Lease Projects Fund to the Airports Grants
Fund for the City's 10 percent match and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Airports Grants Fund by $865,150.00 subject to receipt of the grant.
DISCUSSION:
On February 22, 2005, (M&C G-14688) City Council approved acceptance of a grant from TxDOT in the
amount of $2,700,000.00 for airfield upgrades at Spinks Airport. The upgrades included a 75 000 square
foot terminal ramp extension, the installation of medium intensity taxiway lights as well as runway and
taxiway overlay and re -striping There were several issues identified by the Federal Aviation Administration
that this project will address.
The work funded by this grant includes improving the Runway Safety Area and resetting threshold lights
for RW 17R-35L. Additionally there are portions of asphalt that will be removed and replaced on taxiways
A, E and F.
Grant assistance will be 90 percent of the eligible project costs. The maximum obligation of TxDOT
payable under this phase of the project will be $786,500.00. The obligation of the City is 10 percent of the
total eligible project cost, or $78,650.00.
Spinks Airport is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinances, funds will be available in the
current capital budget, as appropriated, of the Airports Grants Fund
FUND CENTERS:
TO Fund/Account/Centers
P240 446200 551929990100
GR14 451942 055302474000
GR14 539120 055302474010
P240 538040 551929990100
GR14 476240 055302001000
FROM Fund/Account/Centers
$78,650.00 P240 538040 551929990100
$786, 500.00
$865, 150.00
$78, 650.00
$78, 650.00
$78, 650.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Kent Penney (5403)
Ruseena Johnson (5407)
ATTACHMENTS
1. 236 FAR (Grant Match) pdf (CFW Internal)
2. 236 FAR (TxDOT Grant).pdf (CFW Internal)
3. 55FWS PHASE 2 (00236) Rec3 AON.doc (Public)
4. 55FWS PHASE 2 (00236) Rec6 AON.doc (Public)
r
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2011 - Ordinance Nos. 19721-06-2011 & 19722-06-
2011
DATE* Tuesday, June 07, 2011
LOG NAME: 55FWS PHASE 2 (00236)
SUBJECT:
REFERENCE NO.: **C-24935
Approve and Accept, if Awarded, a Grant from the Texas Department of Transportation in the Amount of
$786,500.00 for Phase II of Airfield Improvements at Spinks Airport and Authorize Use of Mineral Lease
Revenue in the Amount of $78,650.00 for the Grant Match and Adopt Appropriation Ordinances (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept, if awarded, a grant from the Texas Department of Transportation
in the amount of $786,500.00 for Phase II of Airfield Improvements at Spinks Airport
2. Authorize the use of revenue derived from gas well drilling on City owned airports in the amount of
$78,650.00 to provide for the City's 10 percent grant match;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Airports Gas Lease Project Fund in the amount of $78,650.00 from available funds;
4. Authorize the transfer of $78,650.00 from the Airports Gas Lease Projects Fund to the Airports Grants
Fund for the City's 10 percent match and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Airports Grants Fund by $865,150.00 subject to receipt of the grant.
DISCUSSION:
On February 22, 2005, (M&C G-14688) City Council approved acceptance of a grant from TxDOT in the
amount of $2,700,000.00 for airfield upgrades at Spinks Airport. The upgrades included a 75,000 square
foot terminal ramp extension, the installation of medium intensity taxiway lights, as well as runway and
taxiway overlay and re -striping. There were several issues identified by the Federal Aviation Administration
that this project will address.
The work funded by this grant includes improving the Runway Safety Area and resetting threshold lights
for RW 17R-35L. Additionally, there are portions of asphalt that will be removed and replaced on taxiways
A, E and F.
Grant assistance will be 90 percent of the eligible project costs. The maximum obligation of TxDOT
payable under this phase of the project will be $786,500.00. The obligation of the City is 10 percent of the
total eligible project cost, or $78,650.00.
Spinks Airport is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinances, funds will be available in the
current capital budget, as appropriated, of the Airports Grants Fund,
FUND CENTERS:
TO Fund/Account/Centers
P240 446200 551929990100
GR14 451942 055302474000
GR14 539120 055302474010
P240 538040 551929990100
GR14 476240 055302001000
CERTIFICATIONS:
Submitted for City Manager's Office by
Originating Department Head•
Additional Information Contact:
FROM Fund/Account/C enters
$781650.00 P240
$786, 500.00
$8651150, 00
$78, 650.00
$78,650:00
ATTACHMENTS
1. 236 FAR (Grant Match),pdf (CFW Internal)
2. 236 FAR (TxDOT Grant),pdf (CFW Internal)
3. 55FWS PHASE 2 (00236) Rec3 AON doc
4. 55FWS PHASE 2 (00236) Rec6 AON doc
538040 551929990100
Fernando Costa (6122)
Kent Penney (5403)
Ruseena Johnson (5407)
(Public)
(Public)
$78,650.00