HomeMy WebLinkAboutContract 54519 CITY SECRETARY 5
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 2002FWSPK
RECEIVED Commission Approval: June 25,2020
SEP 2 3 2020 NPE Funds Applied: FY20
tITYOFFORTWO};TH I DUNS: 073170458
CnytFLBETARY C.F.D.A.:20.106
Part I-Identification of the Project
TO: 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
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repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to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: rehabilitate and mark Runway 17-35;
rehabilitate and mark taxiway A, B, and cross taxiway pavements; replace medium intensity runway
light to Runway 17-35;replace taxiway Bravo medium intensity taxiway lights; cross taxiway lights,
precision approach path indicators; install medium intensity taxiway light to taxiway K and L at Fort
Worth Spinks Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities,with reference to each
other,with reference to the accomplishment of the project and with reference to the United States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as provided,
and (b) the benefits to accrue to the United States and the public from the accomplishment of the
project and compliance with the assurances and conditions as herein provided, THE TEXAS
DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED
STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO
AS THE "FAA"), OFFERS AND AGREES to pay, as the United Sta towable
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costs incurred in accomplishing the project, one hundred 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
I. The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that construction project costs will be approximately$3,178,030 (Amount A).
It is further estimated that approximately $2,907,670 (Amount B) of the project costs will be
eligible for federal financial assistance, and that federal financial assistance will be for one
hundred percent(100%) of the eligible project costs. This amount may not be increased. It is
further estimated that approximately$270,360(Amount C)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 $3,150,994
(Amount D). $224,100 of Amount D is funded with Group 1 CARES funding.
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the State
to provide funding to complete the approved work items of this grant and not to amend the
scope of work to include items outside of the current determined needs of this project. Scope
of work may be amended as necessary to fulfill the unforeseen needs of this specific
development project within the spirit of the approved scope,subject to the availability of state,
federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $27,036 (Amount E).
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 D). If the sponsor does not move forward with
construction,they shall reimburse the state 100%of all costs under contract and/or expended
at the point of notification that the project will not be completed.
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.
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
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obligation of the United States is adjusted to the amount specified and the Sponsor will remit
their share of the increased grant amount.
The State may decrease the agreement after completion of the describer scope. The Sponsor
will be notified by letter of the decreased amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the dollar
amounts identified in this Agreement and any amendments, without the consent of the
Sponsor.
Payment of the United States share of the allowable project costs will be made in accordance
with the provisions of such regulations and procedures as the State and the FAA shall
prescribe. Final determination of the United States share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
6. Sponsor's share of project costs (Amount E) shall be paid initially in cash when requested by
the State. At project closeout, Sponsor will be reimbursed for any credited amounts that
exceed Sponsor's share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the
State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to
the State and federal government the right, upon advance written request during reasonable
and regular business hours,to audit any books and records of the Sponsor to verify the 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 E) shall be due and payable to the State. State may
request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay
said obligation, either in whole or in part, within 30 days of written demand, the State may
exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to
pay its obligation in a timely manner, the failure to pay shall be considered a breach and the
Sponsor may exercise any rights and remedies it has at law or equity.
PART III- Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
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
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C. it will comply with the Attachment E, Certification and Disclosure Regarding
Potential Conflicts of Interest, attached and made a part of this Agreement; and
d. it will comply with the Attachment F, Airport Assurances (3/2014)(State Modified
3/2014), attached and made a part of this Agreement; and
e. 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
f. 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
g. 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
h. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications. The landing area consists of runways or landing strips, taxiways,
parking aprons,roads, airport lighting and navigational aids; and
i. 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
j. through the fence access shall be reviewed and approved by the State; and
k. it will acquire all property interests identified as needed for the purposes of this project
and comply with all applicable state and federal laws, rules, regulations,procedures,
covenants and assurances required by the State of Texas or the FAA in connection
with the federal grant in the acquisition of such property interests; and that airport
property identified within the scope of this project and Attorney's Certificate of Airport
Property Interests shall be pledged to airport use and shall not be removed from such
use without prior written approval of the State; and
1. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
M. 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).
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n. 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
o. 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
P. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
q. insofar as it is reasonable and within its power,Sponsor shall adopt and enforce zoning
regulations to restrict the height of structures and use of land adjacent to or in the
immediate vicinity of the airport to heights and activities compatible with normal
airport operations as provided in Tex. Loc. Govt. Code Ann. §§241.001 et seq.
(Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements
or other property interests in or rights to use of land or airspace, unless Sponsor can
show that acquisition and retention of such interests will be impractical or will result
in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or
loan by the State unless Sponsor has, prior to such subsequent approval of a grant or
loan, adopted and passed an airport hazard zoning ordinance or order approved by the
State; and
r. 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
S. 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
t. 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
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U. 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.
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.
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7. The Sponsor shall have on file with the State,Attachment C, Certification Regarding
Drug-Free Workplace Requirements, attached and made a part of this agreement.
8. Unless otherwise approved by the State,the Sponsor will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured products produced outside the United
States to be used for any project for airport development or noise compatibility for which
funds are provided under this grant. The sponsor will include in every contract a provision
implementing this special condition.
9. Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA,the Sponsor must provide for the continuous operation and maintenance
of any navigational aid 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 D
"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 serving aircraft not exceeding 30,000 pounds gross take-off weight. For
greater than 30,000 pounds to 60,000 pounds gross take-off weight; the sponsor agrees not to
request additional AIP funds for reconstruction or rehabilitation of pavement constructed
utilizing State specification for 10 years from pavement acceptance unless the Secretary
determines that the reconstruction or rehabilitation is required for safety reasons.
12. Ban on Texting While Driving.
A. In accordance with Executive Order 13513,Federal Leadership on Reducing Text
Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging
While Driving,December 30, 2009,the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any
work for, or on behalf of,the Federal government, including work relating to this Grant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
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a. Establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety
risks associated with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while
driving in all contracts and subcontracts.
13. Trafficking in Persons.
A. You as the recipient,your employees, subrecipients under this award, and subrecipients'
employees may not—
1. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
2. Procure a commercial sex act during the period of time that the award is in effect; or
3. Use forced labor in the performance of the award or subawards under the award.
B. The State as the awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity—
1. Is determined to have violated a prohibition in paragraph A of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph A.1 of this award term through
conduct that is either—
a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment
and Suspension (Nonprocurement),"as implemented by the FAA at 2 CFR Part
1200.
3. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph A during this award term.
4. Our right to terminate unilaterally that is described in paragraph A of this section:
a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended(22 U.S.C. § 7104(g)), and
b. Is in addition to all other remedies for noncompliance that are available
to the FAA under this award.
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
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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:
e. advertise for professional engineering and/or planning services for, but not limited to,
the preparation of planning studies, plans and specifications for the above project and
for the management of the construction of the above project; certify consultant
selection procedures;provide notification of contract award for professional services;
and negotiate professional services fees; and execute, on behalf of the Sponsor, a
professional services agreement as related to this project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of opinion,
judgment, order or direction between the State and the Sponsor, any engineer,
contractor, or materialman, the State shall issue a written order, which shall prevail
and be controlling;
h. coordinate and review project plans, specifications and construction; coordinate and
conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the above
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project; and award contracts for construction of the above project and acquisition of
materials related to it; and execute,on behalf of the Sponsor,construction contracts as
related to this project;
j. participate in pre-bid and pre-construction conferences; and issue orders as it deems
appropriate regarding construction progress, including but not limited to Notices to
Proceed, Stop Work Orders, and Change Orders;
k. review, approve and maintain record drawings.
PART V-Recitals
1. The State and Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The power
of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a
limited power to perform acts in connection with airport improvements as specified in or
necessitated by this Agreement.
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.
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In the case of suspension or termination, the Sponsor may request the State to reconsider the
suspension or termination. Such request for reconsideration shall be made within 45 days
after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon
Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes
shall be considered a breach of this contract and will allow the State to pursue the remedies
for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of this
Agreement. If, however, after all reasonable attempts to require compliance have
failed, the State finds that Sponsor is unwilling and/or unable to comply with any of
the terms and conditions of this Agreement,the State may pursue any of the following
remedies: (1)require a refund of any money expended pursuant to the Agreement, (2)
deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit
seeking reimbursement of any money expended on the project pursuant to the
Agreement, provided however, these remedies shall not limit the State's authority to
enforce its rules, regulations or orders as otherwise provided by law, (4) declare this
Agreement null and void, or(5) any other remedy available at law or in equity.
b. Venue for resolution by a court of competent jurisdiction of any dispute arising under
the terms of this Agreement, or for enforcement of any of the provisions of this
Agreement, is specifically set by Agreement of the parties in Travis County, Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably denied or
delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification,amendment,rescission or revocation is agreed
to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7 of
Article 11 of the Texas Constitution, if applicable) and to the availability of funds which
lawfully may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the
Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the
State of Texas and the Sponsor with respect to the accomplishment of the Project and
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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.
13. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties;
♦ by either party upon the failure of the other party to fulfill the obligations set forth
herein;
♦ by the State if it determines that the performance of the Project is not in the best interest
of the State.
If the contract is terminated in accordance with the above provisions,the Sponsor will be
responsible for the payment of Project costs incurred by the State on behalf of the Sponsor
up to the time of termination.
A. In the event the State determines that additional funding is required by the Sponsor at any
time during the development of the Project,the State will notify the Sponsor in writing.
The Sponsor will make payment to the State within thirty (30) days from receipt of the
State's written notification.
B. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due to the Sponsor, the State, or the Federal Government will be promptly paid by
the owing party.
C. In the event the Project is not completed,the State may seek reimbursement from the
Sponsor of the expended funds. The Sponsor will remit the required funds to the State
within sixty (60) days from receipt of the State's notification.
D. The State will not pay interest on any funds provided by the Sponsor.
E. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Sponsor in accordance with this Agreement.
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Part VI - Acceptance of the Sponsor
City of Fort Worth, Texas, does ratify and adopt all statements, representations, warranties,
covenants and agreements constituting the described project and incorporated materials referred to in
the Agreement, and does accept the Offer, and agrees to all of the terms and conditions of the
Agreement.
City of Fort Worth, Texas
Sponsor
Sponsor Signature
Assistant City Manager
Sponsor Title
/zpzo
Date
APPROVED AS TO FORM AND LEGALITY-
Am-Rant City Attorn
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DocuSign Envelope ID:E36C12E4-6BC3-47BA-8047-D78B2B38CA1D
Execution by 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
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Title: Director, Aviation Division
9/22/2020
Date:
Page 14 of 42
ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
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.
City of Fort Worth, Texas
(Sponsor)
By: —GG (si�
Title:Assistant City Manager
Date: 9 2.2�.ZoZo
APPROVED AS TO FORM AND LEGALITY:
f T. Litant City Attorney
Page 15 of 42
ATTACHMENT B
CERTIFICATION OF PROJECT FUNDS
CSJ No.: 2002FWSPK
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:
SPONSOR FUNDS
Source Amount Date Available
Municipal Airport Capital Project Fund $27,036 9/17/2020
City of Fort Worth, Texas
(Sponsor)
By: /�-M-�
Title: Assistant City Manager
Date:�;z z A&zo
APPROVED AS TO FORM AND LEGALITY: 1
A§stant CI orney
Page 16 of 42
ATTACI E\4ENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition:
(b)Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling,rehabilitation,and employee assistance programs;and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph(a);
(d) Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the
grant,the employee will-
(1) Abide by the terms of the statement;and
(2)Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing,within ten calendar days after receiving notice under paragraph(d)(2)from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice,including position title,to every grant officer or other designee on whose grant activity the convicted
employee was working,unless the Federal agency has designated a central point for the receipt of such notices.
Notices shall include the identification number(s)of each affected grant;
(f) Taking one of the following actions,within 30 calendar days of receiving notice under paragraph(d)(2),with
respect to any employee who is so convicted-
(1)Taking appropriate personnel action against such an employee,up to and including termination,consistent
with the requirements of the Rehabilitation Act of 1973,as amended;or
(2)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a),(b),(c),(d),(e),and(f),
B. The grantee may insert in the space provided below the site(s)for the performance of work done in connection with
the specific grant:
Place of Performance(Street address,city,county,state,zip code)
450 Alsbury Ct.Fort Worth TX 76028
Check if there are workplaces on file that are not identified here.
Signed: /�+-i �L-- Dated: 2zA.02.0
Assistant City Manager APPROWD AS TO FORM AND LEGALITY: la
Title !
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Page 17 of 42
ATTACHMENT D
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.
a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history
of recorded pavement deterioration is available, i.e. Pavement Condition Index(PCI)survey as
set forth in Advisory Circular ISO/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 150/53 80-6,Guidelines and Procedures for Maintenance of Airport
Pavements,for specific guidelines and procedures for maintaining airport pavements and establishing an effective
maintenance program. Specific types of distress,their probable causes,inspection guideline,and recommended
methods of repair are presented.
Page 18 of 42
ATTACHMENT E
Certification and Disclosure Regarding Potential Conflicts of Interest Certification Form
A sponsor must disclose in writing any potential conflict of interest to the Texas Department of Transportation. No
employee,officer or agent of the sponsor shall participate in selection,or in the award or administration of a contract
supported by federal funds if a conflict of interest,real or apparent,would be involved.Such a conflict would arise
when:
1. The employee,officer or agent,
2. Any member of his immediate family,
3. His or her partner,or
4. An organization which employs,or is about to employ,any of the above,has a financial or other interest in the
firm selected for award.The sponsor's officers,employees or agents will neither solicit nor accept gratuities,
favors or anything of monetary value from contractors,potential contractors,or parties to subagreements.
Sponsor may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item
of nominal intrinsic value.To the extent permitted by state or local law or regulations,such standards or
conduct will provide for penalties,sanctions,or other disciplinary actions for violations of such standards by
the grantee's and subgrant recipient's officers,employees,or agents,or by contractors or their agents.
The sponsor must maintain a written code of standards of conduct governing the performance of their employees
engaged in the award and administration of contracts.
1. By checking"Yes,"the sponsor certifies that it does not have any potential conflict of interest or Significant
Financial Interests.By checking"No,"the sponsor discloses that it does have a potential conflict of interest,
which is further explained below.
X1 Yes ❑No
2. The sponsor maintains a written code of standards of conduct governing the performance of their employees
engaged in the award and administration of contracts. By checking"No",the sponsor discloses that it does not
have a written policy,which is further explained below.
OX Yes ❑No
3. Explanation of items marked"no":
Sponsor's Certification
I certify,for the project identified herein,responses to the forgoing items are accurate as marked and have the
explanation for any item marked"no"is correct and complete.
I declare under penalty of perjury that the foregoing is true and correct.I understand that knowingly and willfully
providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements)and could
subject me to fines,imprisonment,or both.
Signature of Sponsor's Designated Official Representative: CAy
Date: 9 ZZ o20
APPROVED AS TO FORM AND LEGALITY:
Page 19 of 42 0�,e
tsslstant City Attomc
ATTACHMENT F 3-2014
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning,and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project 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,
18,25,30, 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;there shall be no limit
on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws,regulations,executive orders,
Page 20 of 42
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 following:
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 Lab2 r Standards Act-29 U.S.C. 201, et seq. d. Hatch Act—5
U.S.C. 1501,et seq.
e. Uniform Relocation Assistance 1 and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601,et seq.
£ National Historic Preservation Act of 1966- Section 106- 16 U.S.C.470(f).1
g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469 through
469c.
h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001, et seq. 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.C. 794.
n. Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq.,78 stat.252)(prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended,(42 U.S.C. § 12101 et seq.),prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975-42 U.S.C. 6101,et seq.
q. American Indian Religious Freedom Act,P.L. 95-341, as amended.r.Architectural
Barriers Act of 1968 -42 U.S.C. 4151, et seq.
S. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.1 8373.1
t. Contract Work Hours and Safety Standards Act-40 U.S.C.327, et seq.
u. Copeland Anti-kickback Act- 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969-42 U.S.C.4321,et seg.
1
w. Wild and Scenic Rivers Act,P.L.9 0-542, as amended.x. Single Audit
Act of 1984 -31 U.S.C.. 7501,et seq.
y. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006,as amended
(Pub. L. 109-282,as amended by section 6202 of Pub.L. 110-252).
Executive Orders
a. Executive Order 11246-Equal Employment Opportunityl
b. Executive Order 11990-Protection of Wetlands
c. Executive Order 11998—Flood Plain.Management
d. Executive Order 12372-Intergovernmental Review of Federal Programs
e. Executive Order 12699- Seismic Safety of Federal and Federally Assisted New
Building Construction
e. Executive Order 12898-Environmental Justice
Page 21 of 42
Federal Regulations
a. 2 CFR Part 180-OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles, and Audit Requirements
for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State
and Local Governments,and OMB Circular A-133 -Audits of States,Local Governments,and Non-
Profit Organizations].4,5,6
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 -Investigative and Enforcement Procedures 14 CFR Part 16 -Rules of Practice For
Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150-Airport noise compatibility planning.
£ 28 CFR Part 35-Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR§ 50.3 -U.S.Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1 -Procedures for predetermination of wage rates.
l
i. 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.I
j. 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),I
k. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,
Department of Labor(Federal and federally assisted contracting requirements).I
1. 49 CFR Part 18 -Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
in. 49 CFR Part 20-New restrictions on lobbying.
n. 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.
o. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport
Concessions.
p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs.12
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27—Nondiscrimination on the Basis o iHandicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.
S. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
t. 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.
u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building
construction.
Specific Assurances
Page 22 of 42
Specific assurances required to be included in grant agreements by any of the above laws,regulations or
circulars are incorporated by reference in this grant agreement.
Footnotes to Assurance C.1.
I These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 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.
4 On December 26,2013 at 78 FR 78590,the Office of Management and Budget
(OMB)issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards in 2 CFR Part 200.2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants(OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles(Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part
225; and A-122,2 CFR part 230).Additionally it replaces Circular A-133 guidance on the Single Annual
Audit. In accordance with 2 CFR section 200.110,the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective once implemented by Federal
agencies or when any future amendment to this Part becomes final. Federal agencies, including the
Department of Transportation,must implement the policies and procedures applicable to Federal awards by
promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
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.
Page 23 of 42
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.
S. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms,conditions, and assurances in 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 sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it will enter into
an agreement with that government.Except as otherwise specified by the Secretary,that agreement shall
obligate that government to the same terms,conditions, and assurances that would be applicable to it if it
applied directly to the FAA for a grant to undertake the noise compatibility program project. That
agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this
agreement against
the local government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will enter
into an agreement with the owner of that property which includes provisions specified by the Secretary.
It will take steps to enforce this agreement against the property owner whenever there is substantial
non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public-use airport in accordance with these assurances for the duration
of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency
or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights
and authority to insure that the airport will be operated and maintained in accordance Title 49,United
States Code,the regulations and the terms,conditions and assurances in this grant agreement and shall
insure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports 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
Page 24 of 42
an aircraft between that property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of residential real property adjacent
to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the
sponsor assurances.
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 in which the project is located to plan for the development
of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code,it
has undertaken reasonable consultations with affected parties using the airport at which project is
proposed.
9. Public Hearings.
In projects involving the location of an airport,an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of considering the economic,social, and
environmental effects of the airport or runway location and its consistency with goals and objectives of
such planning as has been carried out by the community and it shall,when requested by the Secretary,
submit a copy of the transcript of such hearings to the Secretary. Further,for such projects, it has on its
management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway,or a major runway extension at a medium
or large hub airport,the sponsor has made available to and has provided upon request to the metropolitan
planning organization in the area in which the airport is located, if any,a copy of the proposed amendment
to the airport layout plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
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.
Page 25 of 42
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.
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.
14. 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 establishing minimum rates of wages,to be predetermined by
the Secretary of Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C. 276a-276a 5),
which contractors shall pay
to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15.Veteran's Preference.
It shall include in all contracts for work on any project funded under 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 Vietnam era veterans,Persian Gulf
veterans,
Afghanistan-Iraq war veterans,disabled veterans,and small business concerns owned and controlled by
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,
Page 26 of 42
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.
d. It will make such material available for examination by the public, and agrees that no material prepared
with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish,disclose, distribute, and otherwise use any of
the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the
proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grantor 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.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than
facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable
condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Page 27 of 42
state and local agencies for maintenance and operation. It will not cause or permit any activity or action
thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions.
Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In fiurtherance of this assurance,the sponsor will have in effect arrangements for-
t) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including temporary
conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.Nothing contained
herein shall be construed to require that the airport be operated for aeronautical use during temporary
periods when snow,flood or other climatic conditions interfere with such operation and maintenance.
Further,nothing herein shall be construed as requiring the maintenance,repair,restoration,or replacement
of any structure or facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20.Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument
and visual operations to the airport(including established minimum flight altitudes)will be adequately
cleared and protected by removing, lowering, relocating,marking, or lighting or otherwise mitigating
existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action,to the extent reasonable, including the adoption of zoning laws,to restrict the
use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft.In addition, if the project is for noise
compatibility program implementation,it will not cause or permit any change in land use,within its
jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program
measures upon which Federal funds have been expended.
22.Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust
discrimination to all types,kinds and classes of aeronautical activities, including commercial aeronautical
activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is
granted to any person,firm, or corporation to conduct or
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to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will
insert and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof,and
2) charge reasonable, and not unjustly discriminatory,prices for each unit or service,provided that the
contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other similar
types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates,fees, rentals, and other
charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of
such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,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 furnishing of such services
by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,conditions to be met by
all users of the airport as may be necessary for the safe and efficient operation of the airport.
L The sponsor may prohibit or limit any given type,kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the
civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide,
aeronautical services to the public. For purposes of this paragraph,the providing of the services at an
airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following
apply:
a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator
to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of
space leased pursuant to an existing agreement between such single fixed-based operator and such airport.It
further agrees that it will not,either directly or indirectly,grant or permit any person, firm, or corporation,
the exclusive right at the airport to conduct any aeronautical activities,including,but not limited to charter
flights,pilot training,aircraft rental and sightseeing,aerial photography, crop dusting, aerial advertising and
surveying, air carrier operations,aircraft sales and services, sale of aviation petroleum products whether or
Page 29 of 42
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.The following exceptions apply to this paragraph:
1) 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.
2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding
for any portion of the public sponsor's acquisition of land,this limitation on the use of all revenues
generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment
to the Secretary by the private owner of an amount equal to the remaining unamortized portion(amortized
over a 20-year period)of any airport improvement grant made to the private owner for any purpose other
than land acquisition on or after October 1, 1996,plus an amount equal to the federal share of the current
fair market value of any land acquired with an airport improvement grant made to that airport on or after
October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction,production,lease, or other means at a
general aviation airport(as defined at Section 47102 of title 49 United States Code), if the FAA determines
the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that
the audit will review,and the resulting audit report will provide an opinion concerning,the use of airport
revenue and taxes in paragraph(a), and indicating whether funds paid or transferred to the owner or
operator are paid or transferred in a manner consistent with Title 49,United States Code and any other
applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance
with the provisions of Section 47107 of Title 49,United States Code.
26.Reports and Inspections.
It will:
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a. submit to the Secretary such annual or special financial and operations reports as the Secretary may
reasonably request and make such reports available to the public;make available to the public at
reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects,make the airport and all airport records and documents affecting
the airport, including deeds, leases, operation and use agreements, regulations and other instruments,
available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and
continued compliance with the terms,conditions, and assurances
of 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
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 landing and takeoff of aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except, if the use by Government aircraft is
substantial,charge may be made for a reasonable share,proportional to such use,for the cost of operating
and maintaining the facilities used. Unless otherwise determined by the
Secretary, or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary,would unduly interfere with use of the landing areas by other
authorized aircraft, or during any calendar month that—
a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or
b. The total number of movements(counting each landing as a movement)of Government aircraft is 300
or more, or the gross accumulative weight of Government aircraft using the airport(the total movement of
Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds.
28.Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or
air navigation activities, or weather-reporting and communication activities related to air traffic control,any
areas of land or water, or estate therein,or rights in buildings of the sponsor as the Secretary considers
necessary or desirable for construction,operation, and maintenance at Federal expense of space or facilities
for such purposes. Such areas or any portion thereof will be made available as provided herein within four
months after receipt of a written request from the Secretary.
29.Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing
1) boundaries of the airport and all proposed additions thereto,together with the boundaries of all offsite
areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and structures(such as runways,
Page 31 of 42
taxiways, aprons,terminal buildings,hangars and facilities;
3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon;
and
4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such
airport layout plans and each amendment,revision, or modification thereof,shall be subject to the approval
of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of
the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or
alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary
and which might, in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the
airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety,utility,or efficiency of any federally owned, leased, or funded property on or off the
airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner
or operator will, if requested,by the Secretary(1)eliminate such adverse effect in a manner approved by the
Secretary; or(2)bear all costs of relocating such
property(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such
property(or replacement thereof)to the level of safety, utility, efficiency, and cost of operation existing
before the unapproved change in the airport or its facilities except in the case of a relocation or replacement
of an existing airport facility due to a change in the Secretary's design standards beyond the control of the
airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color,national origin,sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in any activity conducted with, or benefiting from,funds received from this grant.
a. Using the definitions of activity,facility and program as found and defined in§§
21.23 (b) and 21.23 (e)of 49 CFR§21,the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant
to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant(or other federal assistance)for any of the
sponsor's program or activities,these requirements extend to all of the sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand,
renovate,remodel, alter or acquire a facility, or part of a facility,the assurance extends to the entire
facility and facilities operated in connection therewith.
Page 32 of 42
3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or
for the acquisition of real property or an interest in real property,the assurance will extend to rights to space
on,over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial
assistance is extended to the program, except where the 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:
1) So long as the airport is used as an airport, or for another purpose involving the provision of similar
services or benefits; or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for bids,
Requests For Proposals for work, or material under this grant agreement and in all proposals for
agreements, including airport concessions,regardless of funding source:
"The(Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat.252,42 U.S.C. §§2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will
affirmatively ensure that any contract entered into pursuant to this advertisement,disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be afforded full and fair
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race,color,or national origin in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations
relative to non-discrimination in Federally-assisted programs of the DOT,and incorporating the acts and
regulations into the contracts by reference in every contract or agreement subject to the non-discrimination
in Federally-assisted programs of the DOT acts and regulations.
2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to
the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with the land,in any deed
from the United States effecting or recording a transfer
of real property,structures,use,or improvements thereon or interest therein to a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color,
national origin,creed,sex, age, or handicap as a
Page 33 of 42
or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under the applicable activity,
project, or program; and
b) For the construction or use of, or access to,space on,over,or under real property acquired or
improved under the applicable activity,project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients,sub-recipients, sub-grantees, contractors,
subcontractors, consultants, transferees,successors in interest, and other participants of Federal financial
assistance under such program will comply with all requirements imposed or pursuant to the acts,the
regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter
arising under the acts,the regulations,and this assurance.
31.Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a
noise buffer, it will dispose of the land,when the land is no longer needed for such purposes, at fair market
value, at the earliest practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States'share of acquisition of such land will be, at the discretion of the
Secretary,(1)reinvested in another project at the airport, or(2)transferred to another eligible airport as
prescribed by the Secretary. The Secretary shall give preference to the following,in descending order, (1)
reinvestment in an approved noise compatibility project, (2)reinvestment in an approved project that is
eligible for grant funding under Section 47117(e)of title
49 United States Code,(3)reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47114,47115,or 47117 of title 49 United States Code, (4)transferred to an eligible
sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport,
and(5)paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a
grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering
purposes,the lease will not be considered a disposal of the land. Revenues derived from such a lease may
be used for an approved airport development project that would otherwise be eligible for grant funding or
any permitted use of airport revenue.
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 or transferred to another
Page 34 of 42
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in
descending order: (1)reinvestment in an approved noise compatibility project, (2)reinvestment in an
approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for grant funding under Sections
47114,47115,or 47117 of title 49 United States Code, (4)transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project at that airport, and(5)paid to the
Secretary for deposit in the Airport and Airway Trust Fund.
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 malting
such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did
not object to such use, and the land continues to be used for that purpose,such use having commenced no
later than December 15, 1989.
d. Disposition of such land under(a)(b)or(c)will be subject to the retention or reservation of any
interest or right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
It will award each contract, or sub-contract for program management, construction management, planning
studies,feasibility studies, architectural services,preliminary engineering,design,engineering,surveying,
mapping or related services with respect to the project in the same manner as a contract for architectural
and engineering services is negotiated under Title IX of the Federal Property and Administrative Services
Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the
airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which uses any product or
service of a foreign country during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for products and suppliers of the
United States in procurement and construction.
34. Policies,Standards,and Specifications.
It will carry out the project in accordance with policies,standards, and specifications approved by the
Secretary including but not limited to the advisory circulars listed in
the Current FAA Advisory Circulars for AIP projects, dated 3/2014(the latest
approved version as of this grant offer) and included in this grant, and in accordance
Page 35 of 42
with applicable state policies,standards, and specifications approved by the
Secretary.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property,to the greatest extent practicable under
State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. 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.
c. 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 sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of
any concession activity contract covered by 49
CFR Part 23. In addition,the sponsor shall not discriminate on the basis of race, color, national origin or
sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and
26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and
administration of DOT-assisted contracts,and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of
these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the sponsor of its failure to carry out its approved program,the
Department may
impose sanctions as provided for under Parts 26 and 23 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 1936 (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 such terms and conditions on the hangar as
the airport owner or operator may impose.
Page 36 of 42
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title
49, U.S.C.)has been unable to accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand
service at the airport,the airport owner or operator shall transmit a report to the Secretary that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated;
and
3) Provides a time frame within which, if any,the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 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.
Page 37 of 42
Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved
Projects
Updated:4/18/2019
View the most current versions of these ACs and any associated changes at:
http•//www.faa.gov/airports/resources/advisory circulars and
http://\,v\,vw.faa.gov/regulations policies/advisory circulars/
NUMBER TITLE
70/7460-1 L Obstruction Marking and Lighting
Change 2
150/5000-9A Announcement of Availability Report No. DOT/FAA/PP/92-5, Guidelines for
the Sound Insulation of Residences Exposed to Aircraft Operations
150/5000-17 Critical Aircraft and Regular Use Determination
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-613 Airport Master Plans
Changes 1 -2
150/5070-7 The Airport System Planning Process
Change 1
150/5100-13B Development of State Standards for Nonprimary Airports
150/5200-28F Notices to Airmen (NOTAMs)for Airport Operators
150/5200-30D Airport Field Condition Assessments and Winter Operations Safety
Change 1
150/5200-31 C Airport Emergency Plan
Changes 1 -2
150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
NUMBER TITLE
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVs)
Page 38 of 42
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF)Vehicles
150/5220-16E, Automated Weather Observing Systems (AWOS)for Non-Federal
Change 1 Applications
150/5220-17B Aircraft Rescue and Fire Fighting (ARFF)Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems(EMAS)for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26, Airport Ground Vehicle Automatic Dependent Surveillance-Broadcast(ADS-
Changes 1 -2 B)Out Squitter Equipment
150/5300-13A, Airport Design
Change 1
150/5300-14C Design of Aircraft Deicing Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys
Change 1
150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys
Change 1 to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5D Airport Drainage Design
NUMBER TITLE
150/5320-6F Airport Pavement Design and Evaluation
150/5320-12C, Measurement, Construction, and Maintenance of Skid Resistant Airport
Changes 1 -8 Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
Page 39 of 42
150/53254B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength -PCN
150/5340-1 L Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30J Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-513 Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10H Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F Specification for Airport and Heliport Beacons
150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator(PAPI)Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retroreflective Markers
150/5345-42H Specification for Airport Light Bases,Transformer Housings, Junction Boxes,
and Accessories
150/5345-43J Specification for Obstruction Lighting Equipment
NUMBER TITLE
150/5345-44K Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant(LIR)Structures
150/5345-46E Specification for Runway and Taxiway Light Fixtures
150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49D Specification L-854, Radio Control Equipment
Page 40 of 42
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51 B Specification for Discharge-Type Flashing Light Equipment
150/5345-52A Generic Visual Glideslope Indicators(GVGI)
150/5345-53D Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12F Airport Signing and Graphics
15015360-13A Airport Terminal Planning
150/5360-14A Access to Airports By Individuals With Disabilities
150/5370-2G Operational Safety on Airports During Construction
150/5370-10H Standard Specifications for Construction of Airports
150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B Airside Applications for Artificial Turf
150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete)Airfield Pavements
150/5370-17 Airside Use of Heated Pavement Systems
150/5390-2C Heliport Design
150/5395-1 B Seaplane Bases
Page 41 of 42
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/22/2019
NUMBER TITLE
150/5100-14E, Architectural, Engineering, and Planning Consultant Services for Airport Grant
Change 1 Projects
150/5100-17, Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1 -7 Assisted Projects
150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5370-12B Quality Management for Federally Funded Airport Construction Projects
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-76 Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
Page 42 of 42
APPROVAL RECOMMENDED: A ST:
Roger Venables, ary,. i Sec ary
4ctir'g Aviation Director
Contract Compliance Manager: M&C: 20-0052
By signing, I acknowledge that I am the person Date: 1/28/2020
responsible for the monitoring and administration Form 1295:N/A
of this contract, including ensuring all performance
and reporting requirements.
_ /2, Ok
Tyler Dale,
Project Coordinator
M
RECORE,RETARYTH, TX
M&C Review 4/2/2020 9:05:37 AM
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fare
REFERENCE **M&C 20- 55FWS AIRFIELD LIGHTING
DATE: 1/28/2020 NO.: 0052 LOG NAME: REPLACEMENT & PAVEMENT
REHABILITATION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Application for and Acceptance of, If Awarded, a Grant From the Texas
Department of Transportation in an Amount Up to $3,600,000,00 for Design, Engineering
and Construction Services for the Replacement of Airfield Lighting and Rehabilitation of
Taxiways and Runway 17R/35L at Fort Worth Spinks Airport, Authorize the Transfer of Up
to $400,000.00 for the City's Match Requirement, Adopt Resolution Authorizing the City
Manager to Execute Grant Related Agreements with the State of Texas, Represented by
the Texas Department of Transportation, and Adopt Appropriation Ordinance (COUNCIL
DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and acceptance of, if awarded, a grant from the Texas Department of
Transportation, Aviation Division, in an amount up to $3,600,000.00 for design, engineering and
construction services for the replacement of airfield lighting and rehabilitation of taxiways and
Runway 17R/35L at Fort Worth Spinks Airport;
2. Authorize a transfer from Muni Airport Capital Project Fund into the Muni Airport Grants Federal
Fund in an amount up to $400,000.00 for the City's 10 percent grant match;
3. Authorize the adoption of the attached resolution, as required by the Texas Department of
Transportation, authorizing the City Manager or his designee to execute all necessary contracts
associated with this project with the Texas Department of Transportation; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Muni Airport Grants Federal Fund in an amount up to $4,000,000,00, subject to receipt of grants.
DISCUSSION:
The Texas Department of Transportation Aviation Division (TxDOT) has advised the Aviation
Department that funding is available for design, engineering and construction services for the
replacement of airfield lighting and pavement rehabilitation at Fort Worth Spinks Airport (Airport).
Based on the most recent Pavement Condition Index (PC[) Report completed by Garver Engineering
in 2012, Runway 17R/35L and the surrounding taxiways are scheduled for repair and
rehabilitation. Additionally, the current airfield lighting system is past its useful life, therefore
upgrading the runway and taxiway lighting systems with the rehabilitation of the pavement is
imperative.
Finally, the standards for airport markings were revised on May 10, 2019 by the Federal Aviation
Administration (FAA). Due to these revisions, the markings on Runway 17R/35L need to be updated
in order to meet the new FAA criteria. Re-marking of the runway and taxiways will be included in this
project.
Indirect costs are not eligible for reimbursement.
Upon approval of this M&C, all appropriations and funding will be summarized in the table below:
Fund JArnount
Muni Airport Capital Project Fund (City's $ 400,000.00
Match Requirement)
Page 1 of 2
M&C Review 4/2/2020 9:05:37 AM
1TxDOT Grant Funds 1�3,600,000.00
$
Project Total $
14,000,000.00
Because the designated match funds were not appropriated for transfer, specific approval for transfer
of these funds was needed.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Muni Airport Capital Project Fund and the Muni Airport Grants Federal Fund.
The Aviation Department will be responsible for the collection and deposit of funds due to the City.
Prior to expenditures being incurred, the Aviation Department has the responsibility to validate the
availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfiefd 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by; Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Tyler Dale (5416)
ATTACHMENTS
55FWS Airfield Lighting Replacement & Pavement Rehabilitation.jpq
55FWS AIRFIELD LIGHTING DESIGN CONSTRUCTION ORDINANCE.docx
TxDOT Resolution - Airfield Lighting Replacement & Pavement Rehabilitation.doc
Page 2 of 2