HomeMy WebLinkAboutContract 43417 (2)CITY SECRETARY
WORTH, TX
Y C /JJ
TRACT MOO
TxDOT CSJ No.: 1202MCHAM
TxDOT Project No.: AP MEACHAM
TxDOT Contract No. 2XXAV097
Comi
mssion Approval: April 26, 2012
DUNS: 073170458
C.F.D.A.:20.106
Part I -Identification of the Project
TO: The City of Fort Worth, Texas
FROM: The State of Texas, acting tlu•ough the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and
the City of Fort Worth, Texas, (hereinafter referred to as the "Sponsor").
The Sponsor desires to sponsor a project for the development of a public aviation facility,
known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982,
as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter
referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to;
and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon
Supp).
The project is described as planning services to: prepare a wildlife hazard assessment at the
Fort Worth Meacham International 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
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P02 4 1 9 I N
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 provided, THE
TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE
UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER
REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share
A the allowable costs incurred in accomplishing the project, ninety percentum of all allowable
project costs. This grant is made on and subject to the following terms and conditions.
Part II -Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Aim. §§ 241,001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that total project costs will be approximately $100,000 (Amount A). It is
further estimated that approximately $100,000 (Amount B) of the project costs will be
eligible for federal financial assistance, and that federal financial assistance will be for
ninety percent (90%) of the eligible project costs. Final determination of federal eligibility
of total project costs will be determined by the State in accordance with federal guidelines
following completion of project.
In the event that federal funds are unavailable, this Agreement shall automatically be
voided and become of no force and effect, except that unexpended or unencumbered
moneys actually deposited by the Sponsor and held with the State for project purposes shall
be returned to the Sponsor.
3. The inaxiinum obligation of the United States payable under this offer shall be $90,000
(Amount C).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items of this grant and not to
amend the scope of work to include items outside of the current determined needs of this
project. Scope of work may be amended as necessary 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 $10,000 (Amount
D). The Sponsor specifically agrees that it shall pay any project costs, which exceed the
sum of the federal share (Amount C).
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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 Part II-2. The State shall refund to the Sponsor, at the
financial closure of the project, any excess fiends 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 twenty-five (25%) percent limitation, and
will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned
amendment, the maximum obligation of the United States is adjusted to the amount
specified and the Sponsor will remit their share of the increased grant amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments, without the consent of
the Sponsor.
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA, shall prescribe. Final determination of the United States share will be based upon
the final audit of the. total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of costs.
6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that
exceed Sponsor's share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the
State that it has sufficient funds to meet its share of the costs. 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 said funds.
In addition, the Sponsor shall disclose the source of all funds for the project and its ability
to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State inay
request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to
pay the obligation, either in whole or in part, within 30 days of written demand, the State
may exercise its rights under Part V-7. Likewise, should the State be unwilling or unable
to pay its obligation in a timely manner, the failure to pay shall be considered a breach and
the Sponsor may exercise any rights and remedies it has at law or equity.
PART' III -Sponsor Responsibilities
l . In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification %J Airport Fund, attached and
made a part of this Agreement; and
b. it will comply with the Attachment B, Airport Assurances (4/2012)(State Modified
4/2012), attached and made a part of this Agreement; and
c. 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
d. 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
e. 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
f. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or out. 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
g. 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
h. it will not permit or enter into any arrangement that results in permission for the
owner or tenant of a property used as a residence, or zoned for residential use, to taxi
an aircraft between that property and any location on airport; and
i. 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
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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
j. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
k. .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).
1. 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
m. 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
n. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
o. 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
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s
p. 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
q. 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
r. 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
s. 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 the 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 Sponsors acceptance of this Uffer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, 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 Attorneys Certificate
of Airport Property Interests and Exhibit A property map.
7. The Sponsor shall have on file with the State, Attachment C, Certification Regarding Drug -
Free Workplace Requirements, attached and made part of this agreement.
Part IV- Domination 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 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;
b# receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
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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:
do 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 planning services for, but not limited to, the preparation of planning
studies; 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 IVlanagement Agent:
go 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 engineel.
contractor, or materialman, the State shall issue a written order, which shall prevai I
and be controlling;
h, coordinate and review project plans; coordinate and conduct progress and final
inspections.
1. The State and the 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
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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 betaken;
c. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49the V.T.C,A.
Transportation Code, Title 3, Chapters 21ss, 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
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law, (4) declare this Agreement null and void, or (5) any other remedy available at
law or in equity.
b. Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties in Travis County,
Texas,
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be denied
or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§ 5 and 7 of
Article 11 of the Texas Constitution, if applicable) and to the availability of funds which
lawfully may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the
Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the
State of Texas and the Sponsor with respect to the accomplishment of the Project and
compliance with the assurances and conditions as provided.
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.
Part VI - Acceptance of the Sponsor
The City of Fort Worth, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated materials
referred to in the Agreement, and does accept the Offer, and agrees to all of the terms and
conditions of the Agreement.
Executed this i/rAw day of
R
, Witness Signature
CXJe e�t[J 74i VG
Witness Title
The Cit�of Fort Worth, Texas
Sponsor
Sponsor Signature
SeeF = �" if V
Certificate of Sponsor's Attorney
Title
I,acting as attorney for l /i O fUr
Texas, do certify that I have fully examined the Agreement and the pr ceedings taken by the
Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the
Sponsor, is in accordance with the laws of the State of Texas.
Dated at Forr644�, ,Texas, this day of :JL, 20ale
Witness Signature
Witness Title
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
Attorney Signature
Contract huthoriaation
I 1 of 32 i
Date
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commissi
on.
on.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date:
ATTACHMENT A
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all
fees, charges, rents, and money from any source derived from airport operations will be deposited
for the benefit of the Airport Fund and will not be diverted for other general revenue fund
expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will
be solely for airport purposes. Such fund may be an account as part of another fund, but must be
accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the
account are discernible from other types of moneys identified in the fund as a whole.
The City of Fort Worth, Texas
(Sponsor)
By:
Ti
ATTACHMENT B
Part V
Part V ASSURANCI✓S Airport Sponsors April 2012
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.
13. Duration and Applicability.
C.
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 1 unit on the duration of the
terms, conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The
preceding paragraph 1 also applies to a private sponsor except that the useful life of project items
installed within a facility or the useful life of the facilities developed or equipment acquired under
an airport development or noise compatibility program project shall be no less than ten (10) years from
the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only
Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The
terns, conditions, and assurances of this grant agreement shall remain in full force and effect during
the life of the project.
Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
grant that:
I General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the application,
acceptance and use of Federal funds for this project including but not limited to the 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.'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act — 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title
42 U.S.C. 4601, et seg.1 2
f. National Historic Preservation Act of 1966 -Section ] 06 - 16 U.S.C. 470(f).'
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.'
h. Native Americans Grave Repatriation Act- 25 U.S.C. Section 3001, et sec..
1. 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. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 42 U.S.C. 4151, et seq.,
r . Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et se .'
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg•'
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.z
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
1 xecutive Orders
Executive Order 11246 -Equal Employment Oppoilunity'
Executive Order 11990 -Protection of Wetlands
Executive Order 11998 —Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 -
Seismic Safety ofFederal and Federally Assisted New Building Construction'
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement
Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or• public work financed in
whole or part by loans or grants from the United States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally
financed and assisted construction (also labor standards provisions applicable to non -construction
contracts subject to the Contract Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for giants and cooperative agreements
to state and local governments.'
1. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted progrars of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport Concessions,
1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs.) 2
m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of
Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities
receiving or benefiting from Federal financial assistance.'
o . 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and
government wide requirements for drug -free workplace (grants).
p . 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors.
q. 49 CFR Part 41- Seismic safety ofFederal and federally assisted or regulated new building
construction.'
Office of Management and Budget Circulars
a. A-87 -Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-133 -Audits of States, Local Govemments, and Non -Profit Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State and Local
Governments by this regulation and circular shall also be applicable to private sponsors
receiving Federal
assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this grant agreement.
2 Responsibility and Authority of the Sponsor.
a. Pubfic Agency Sponsor: It has legal authority to apply for this grant, and to finance and cany out
the proposed project; that a resolution, motion or similar action has been duly adopted or passed
16 01 32
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.
be Private Sponsor: It has legal authority to apply for this grant and to finance and cant' out
the proposed project and comply with all terms, conditions, and assurances of this grant
agreement. It shall designate an official representative and shall in writing direct and authorize
that person to file this application, including all understandings and assurances contained
therein; to act in connection with this application; and to provide such additional
information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufficient funds available to assure
operation and maintenance of items funded under this grant agreement which it will own or control.
4 Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory
to the Secretary that good title will be acquired.
b . For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion ofthe, 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 ofthe rights and powers necessary to perfonn any or all of me teens, 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
perfonnance bythe 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 teens, 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 cant' 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 terns, conditions, and assurances
that would be applicable to it if it applied directly to the FAA for a grant to undertake the
noise compatibility prograrn 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 tenns 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
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the airport will continue to function as a public -use airport in accordance with these assurances
forthe duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person
other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient
rights and authority to insure that the airport will be operated and maintained in accordance
Title 49, United States Code, the regulations and the terms, conditions and assurances in this
grant agreement and shall insure that such arrangement also requires compliance therewith.
g. It will not permit or enter into any arrangement that results in permission for the owner or tenant
of a property used as a residence, or zoned for residential use, to taxi an aircraft between that
property and any location on airport.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of
submission of this application) of public agencies that are authorized by the State 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.
�. 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
econornic, 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 fi•om the communities where the
project is located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension,
or runway location it will provide for the Governor of the state in which the project is located to certify
in writing to the Secretary that the project will be located, designed, constructed, and operated so as to
comply with applicable air and water quality standards. In any case where such standards have not been
approved and where applicable air and water quality standards have been promulgated by the Administrator of
the Environmental Protection Agency, certification shall be obtained fi-om such Administrator. Notice of
certification or refusal to certify shall be provided within sixty days after the project application has been
received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the
replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented
an effective airport pavement maintenance -management program and it assures that it will use such
program for the useful life of any pavement constructed, reconstructed or repaired with Federal
financial assistance at the airport. It will provide such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use
airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety
equipment required for certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
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
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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 andthe Comptroller General ofthe 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.
I5 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, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement.
17v 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 famish 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
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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 grantthe Secretary the right to disapprove the use ofthe sponsors employees to do all or
any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or corrunitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
L4 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 rninimurn
standards as may be required or prescribed by applicable Federal, state and local agencies for
maintenance and operation. It will not cause or permit any activity or action thereon which
would interfere with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith, with due regard to climatic and flood
conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first
be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect
arrangements for-
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic
conditions interfere with such operation and maintenance. Further, nothing herein shall
be construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially darnaged or destroyed due to an act of God
or other condition or circurnstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility prograrn 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 reshict the use of land adjacent to or in the nnmediate vicinity of the airport to activities
and purposes compatible with nonnal airport operations, including landing and takeoff of aircraft. In
addition, ifthe project is for noise compatibility prograrn 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 teens and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
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commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at
the airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to-
t) fiu-nish 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.
co 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 faci lities.
do 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 ofthe airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the
airport if such action is necessary for the safe operation of the airport or necessary to serve the
civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a
single fixed -based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
21 of 32
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 term inate 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 fi-om any of the airport
owner or operator's facilities, including the airport, to support not only the airport but also the
irport 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 acquisition of and, 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:
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
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the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and other
instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this grant agreement
including deeds, leases, agreements, regulations, and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to
the public following each of its fiscal years, an annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2) all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
Z7. 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 detennined 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 (S) 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 Govemment aircraft using the airport (the total
movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of'
five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities, or weather -reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of
the sponsor as the Secretary considers necessary or desirable for construction, operation, and
maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion
thereof will be made available as provided herein within four months after receipt of a written request
from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of
the airport and all proposed additions thereto, together with the boundaries of all offsite areas
owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing airport facilities; and (3) the location of all existing and
proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans
and each amendment, revision, or modification thereof, shall be subject to the approval of the
Secretary which approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities which are not in
conformity with the airport layout plan as approved by the Secretary and which might, in the
opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.
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b. If a change or alteration in the airport or the facilities is made which the Secretary determines
adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded
property on or off the airport and which is not in conformity with the airport layout plan as
approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate
such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating
such property (or replacement thereof) to a site acceptable to the Secretary and all costs of
restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost
of operation existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to asswe that no person shall, on the
grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in
any activity conducted with or benefiting from funds received from this grant. This assurance
obligates the sponsor for the period during which Federal financial assistance is extended to the program,
except where Federal financial assistance is to provide, or is in the form of personal property or real
property or interest therein or structures or improvements thereon in which case the assurance obligates
the sponsor or any transferee for the longer of the following periods: (a) the period during which the property
is used for a purpose for which Federal financial assistance is extended, or for another purpose involving
the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership
or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose ofthe
land, when the land is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is proportionate to the
United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be
paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise
compatibility project as prescribed by the Secretary, including the purchase of nonresidential
buildings or property in the vicinity of residential buildings or property previously purchased
by the airport as part of a noise compatibility prograrn.
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 ofthe fair market value of the land. Thatportion of the proceeds of such
disposition which is proportionate to the United States' share of the cost of acquisition of such
land will, (1) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national
airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible
project exists.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator or
owner before December 31, 1987, will be considered to be needed for airport purposes if the
Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no 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 (the latest approved version as of
this grant offer) and included in this grant, and in accordance with applicable state policies, standards, and
specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the
greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part
24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It
will provide a relocation assistance program offering the services described in Subpart C and fair and
reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49
CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maxnnum 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.
3�. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of any DOT -assisted contract or in the
administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all
necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and
administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26,
and as approved by DOT, is incorporated by reference in this agreement. Implementation of this
program is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801)
39. Hangar Construction. Ifthe 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.
40. 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 an carrier for access to gates or other facilities at that airport in order to allow the
25 of 32
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 wi I 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.
aFAA
Airports
Updated: 1/25/2012
View the most current versions of these ACs and any associated changes at:
http://www.faa,gov/airports/resources/advisory circulars
3 �
I�UM'BER
Tt_TLE � -�
70/7460-1 K
Obstruction Marking and Lighting
150/5000-13A
Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airports Surface Movement Sensors
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-613
Airport Master Plans
Change 1
150/5070-7
The Airport System Planning Process
150/5100-1313
Development of State Standards for Non Primary Airports
150/5200-28D
1
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C
Airport Winter Safety and Operations
150/5200-338
Hazardous Wildlife Attractants On or Near Airports
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
150/5210-1413
Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
150/5210-15A
Airport Rescue & Firefighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
27 of 32
-
TITLE, h
NUMBER :!
150/5210-19A
Driver's Enhanced Vision System (DEVS)
150/5220-10E
Guide Specification for Aircraft Rescue and Firefighting Vehicles
150/5220-16D
Automated Weather Observing Systems for Non -Federal Applications
150/5220-17B
Aircraft Rescue and Firefighting (ARFF) Training Facilities
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20
Airport Snow and Ice Control Equipment
Change 1
150/5220-21 B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A
Engineered Materials Arresting System (EMAS) for Aircraft Overruns
150/5220-23
Frangible Connections
150/5220-24
Foreign Object Debris Detection Equipment
150/5300-713
FAA Policy on Facility Relocations Occasioned by Airport Improvements or
Changes
150/5300-13
Airport Design
Changes 1 - 18
150/5300-1413
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
General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition and Submission to the National Geodetic Survey
150/5300-18B
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5C
Surface Drainage Design
Change 1
150/5320-6E
Airport Pavement Design and Evaluation
150/5320-12C
Measurement, Construction, and Maintenance of Skid Resistant Airport
Change 8
Pavement Surfaces
150/5320-15A
Management of Airport Industrial Waste
28 of 32
150/5325-413
Runway Length Requirements for Airport Design
150/5335-513
Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1 K
Standards for Airport Markings
150/5340-5C
Segmented Circle Airport Marker System
150/5340-18F
Standards for Airport Sign Systems
150/5340-30F
Design and Installation Details for Airport Visual Aids
150/5345-3G
Specification for L821 Panels for the Control of Airport Lighting
150/5345-5B
Circuit Selector Switch
150/5345-7E
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10G
Specification for Constant Current Regulators Regulator Monitors
150/5345-12F
Specification for Airport and Heliport Beacon
150/5345-13B
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-261D
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28G
Precision Approach Path Indicator (PAP[) Systems
150/5345-39D
FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F
Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/534543F
Specification for Obstruction Lighting Equipment
150/5345-44J
Specification for Taxiway and Runway Signs
150/5345-45C
Low -Impact Resistant (LIR) Structures
150/5345-46D
Specification for Runway and Taxiway Light Fixtures
150/534547C
Specifications for Series to Series Isolation Transformers for Airport Lighting
System
150/5345-49C
Specification L854, Radio Control Equipment
150/5345-5013
Specification for Portable Runway and Taxiway Lights
150/5345-51 B
Specification for Discharge -Type Flasher Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53C
Airport Lighting Equipment Certification Program
150/5345-54B
Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A
Specification for L893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-5613
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-9
Planning and Design of Airport Terminal Facilities at Non -Hub Locations
150/5360-12E
Airport Signing and Graphics
150/5360-13
Planning and Design Guidance for Airport Terminal Facilities
Change 1
150/5360-14
Access to Airports By Individuals With Disabilities
150/5370-2F
Operational Safety on Airports During Construction
150/5370-10F
Standards for Specifying Construction of Airports
150/5370-11 B
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-613
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-213
Heliport Design
150/5395-1
Seaplane Bases
)'1/25/2012
x
NUMBER
�TITLi=;
150/5100-14D
Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-15A
Civil Rights Requirements for the Airport Improvement Program
150/5100-17
Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1 - 6
Assisted Projects
150/5200-37
Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300-15A
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-6D
Construction Progress and Inspection Report — Airport Grant Program
Changes 1 - 4
150/5370-12A
Quality Control of Construction for Airport Grant Projects
150/5370-13A
Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5380-7A
Airport Pavement Management Program
150/5000-12 Announcement of Availability— Passenger Facility Charge (PFC) Application
(FAA Form 5500-1)
Page 31 of 32
ATTACHMENT 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)
Check ie workplaces file that are not identified here. ?/ �
Signed: Dated:
Typed Name and Title of Sponsor+ Representative
Page 32 of 32
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT:
Authorize Acceptance of a Wildlife Hazard Assessment Project Grant for Fort Worth Meacham
International Airport from the Texas Department of Transportation Aviation Division in the Amount of
$90,000.00, Authorize the Transfer of $10,000.00 from the Municipal Airports Fund for the City's Grant
Match and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of a Wildlife Hazard Assessment Project Grant for Fort Worth Meacham
International Airport from the Texas Department of Transportation Aviation Division in the amount of
$90,000,001
2. Authorize transfer of $10,000.00 from the Municipal Airports Fund to the Airports Grant Fund for the
City's match; and
3. Adopt attached appropriation ordinance increasing the estimated receipts and appropriations by
$100,000.00 in the Airports Grant Fund contingent upon the receipt of the grant from the Texas
Department of Transportation Aviation Division.
DISCUSSION:
On December 161 2011, the Fort Worth Meacham International Airport (Meacham) Staff discussed
initiation of a Wildlife Hazard Assessment (WHA) with the Texas Department of Transportation Aviation
Division (TxDOT). A WHA is conducted by a qualified wildlife biologist and is designed to increase safety
and gain valuable information about wildlife at airports. These studies typically include identification of the
wildlife species occuring on or near the airport, their numbers, locations, local movements and seasonal
patterns. The study will also include the location of features on or near the airport that attract wildlife and a
description of wildlife hazards to aircraft operations. The WHA will lead to the creation of a Wildlife Hazard
Management Plan (WHMP) which addresses the responsibilities, policies and procedures necessary to
reduce wildlife hazards at Meacham. TxDOT has offered a grant to cover 90 percent of the $100,000.00
required to conduct the WHA. The City will match the remaining 10 percent in the amount of $10,000.00
from the Municipal Airports Fund.
Fort Worth Meacham Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinances, funds will be available in the current capital
budget, as appropriated, of the Airports Grant Fund.
Logname: SSFTW WILDLIFE HAZARD ASSESSMENT GRANT Page 1 of 2