HomeMy WebLinkAboutContract 56611 CSC No. 56611
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 2102SPINK
Commission Approval: October 28,2021
DUNS: 073170458
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1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq.,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 design services to: construct hangar access taxilanes northeast
side of the airport 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 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
Page 1 of 23 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
share of the allowable 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
1. The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code,Title 3,Chapters 21-22, et seq.,(Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that design/engineering project costs will be approximately $138,400
(Amount A). It is further estimated that approximately $138,400 (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. Final
determination of federal eligibility of total project costs will be determined by the State
in accordance with federal guidelines following completion of project.). It is further
estimated that approximately $0 (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.
The estimated project cost for the construction phase of this project is $1,387,400
(Amount D). The construction phase will be started upon completion of design,
dependent upon availability of federal funds, and approval of the Texas Transportation
Commission. A separate grant will be issued for the construction phase.
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 maximum obligation of the United States payable under this offer shall be $138,400
(Amount E). $13,840 of Amount E is funded by ARPA 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 $0 (Amount F).
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The Sponsor specifically agrees that it shall pay any project costs,which exceed the sum
of the federal share (Amount E).
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. During design, if the estimated eligible construction project costs exceed Amount D,
above, the Sponsor may request the State to void this Agreement. The State shall agree
to void this Agreement upon the satisfaction of the following conditions:
a. the Sponsor's request to the State to void the Agreement shall be in writing and
dated; and
b. if required by the State,the Sponsor shall reimburse the State for funds expended
on this project and Sponsor shall assume the responsibility for any future expenses
for contracted services or materials related to the project for which a contract had
been executed prior to the Sponsor's request to void the Agreement. Sponsor
funds held by the State may be retained until this requirement is satisfied; and
C. failure on the part of the Sponsor to comply with the conditions of this paragraph
shall constitute a breach of this Agreement.
6. Upon satisfaction of the conditions specified in Paragraph II-5 above, the State shall
declare this Agreement null and void, and this Agreement shall have 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 within a
reasonable time.
7. 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.
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8. Sponsor's share of project costs (Amount F) 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.
9. 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 F) 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 the 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.
Expenditures for eligible project costs for the above project made by the State or the
Sponsor prior to the award of a federal grant for the project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor funds.
10. The State shall make all reasonable attempts to acquire federal funding for the completion
and construction of this project within two years of completion of design services. The
Sponsor agrees to complete and construct this project within two years of completion of
design services, subject to the availability of federal funds. If the sponsor does not move
forward with design or 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.
11. 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:
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.
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B. The Sponsor must insert the substance of this clause on banning texting while driving in
all contracts and subcontracts.
12. Trafficking in Persons.
A. The Sponsor, as the recipient, and the Sponsor's employees,under this award,may
not
1. Engage in severe forms of trafficking in persons during the period of time this
Grant 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 Grant.
B. The State as the awarding agency may unilaterally terminate this award,without
penalty,if a Sponsor that is a private entity—
1. Is determined to have violated a prohibition in paragraph A of this Grant 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 of this Grant term through
conduct that is either
a. Associated with performance under this award; or
b. Assigned to the Sponsor using the standards and due process for directing
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. The Sponsor must inform the State immediately of any information received from
any source alleging a violation of a prohibition in paragraph A during this Grant
term.
4. The State's 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 and State under this Grant.
13. The period of performance shall commence on the date the State executes this
agreement. The end date of the period of performance is four years from the date of
execution of the state.
14. Employee Protection from Reprisals.
1. Prohibition of Reprisals
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a. In accordance with 41 U.S.C. § 4712, an employee of a State, Sponsor,
grantee,subgrantee, contractor, or subcontractor may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing
to a person or body described in subparagraph (a)(2), information that
the employee reasonably believes is evidence of:
i.Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law,rule, or regulation related to a Federal grant.
b. Persons and bodies covered- The persons and bodies to which a disclosure by an
employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal office or employee responsible for oversight of a grantprogram;
v. A court or grand jury;
vi. A management office of the grantee or subgrantee;or
vii. A Federal or State regulatory enforcement agency.
c. Submission of Complaint—A person who believes that they have been subjected
to a reprisal prohibited by paragraph a of this grant term may submit a complaint
regarding the reprisal to the Office of Inspector General (OIG) for the U.S.
Department of Transportation.
d. Time Limitation for Submittal of a Complaint A complaint may not be brought
under this subsection more than three years after the date on which the alleged
reprisal took place.
e. Required Actions of the Inspector General Actions,limitations,and exceptions
of the Inspector General's office are established under 41 U.S.C. § 4712(b).
f. Assumption of Rights to Civil Remedy Upon receipt of an explanation of a
decision not to conduct or continue an investigation by the Office of Inspector
General, the person submitting a complaint assumes the right to a civil remedy
under 41 U.S.C. § 4712(c).
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PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Airport Property Interests,
attached and made a part of this Agreement; and
b. it will comply with the Attachment B, Certification of Airport Fund, attached and
made a part of this Agreement; and
c it will comply with the Attachment F, Airport Assurances (2/2020), attached and
made a part of this Agreement; and
d. it will comply with the Attachment E, Certification and Disclosure Regarding
Potential Conflicts of Interest, 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. This
includes but is not limited to: the process of land disposal, any changes to the
aeronautical or non-aeronautical land uses of the airport, land's deeded use from
non-aeronautical to aeronautical, requests of concurrent use of land, interim use
of land, approval of a release from obligations from the State/FAA, any of which
will require 18 months, or longer; and
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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).
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 must operate and maintain the lighting system during the useful life
of the system in accordance with applicable FAA standards.
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
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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
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
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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 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, 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. Sponsor agrees to provide a suitable location for pre-bid and for pre-construction
conferences, and for the submission and opening of construction bids.
6. 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.
7. 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.
8. The Sponsor shall have on file with the State, Attachment C, Certification Regarding
Drug-Free Workplace Requirements, attached and made part of this agreement.
9. 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.
10. 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 unless the equipment is transferred by agreement to the FAA in accordance
with 49 U.S.C. § 44502(e); 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.
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11. 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 part of this agreement.
12. If Applicable,the Sponsor understand that if a fence is being installed to prevent wildlife
from entering the airfield. The Sponsor agrees to maintain the integrity of the fence for
its useful life, but no less than 20 years from the date this Grant was issued. The Sponsor
understand that maintenance of the fence includes repair of damage to the fence or gates
due to any purpose.
13. The Sponsor agree to abide by applicable Executive Orders in effect at the time this Grant
Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made
in All of America by All of America's Workers.
Part IV-Nomination of the Agent
I. 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
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
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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; select
the consultant; certify consultant selection procedures; provide notification of
contract award for professional services; and negotiate professional services fees;
and execute,on behalf of the Sponsor,a professional services agreement as related
to this project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order, which
shall prevail and be controlling;
h. coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
j. participate in pre-bid and pre-construction conferences; and issue orders as it
deems appropriate regarding construction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders;
k. review, approve and maintain record drawings.
PART V -Recitals
1. The State and the Sponsor shall obtain an audit as required by federal or state regulations.
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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
proj ect.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions
of this Agreement. If, however, after all reasonable attempts to require
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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 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.
Page 14 of 23
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.
Page 15 of 23
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
Fernando Costa(Nov 2,202110:33 CDT)
Sponsor Signature
Assistant City Manager
Sponsor Title
Nov 2,2021
Date
i
I
Page 16 of 23
DocuSign Envelope ID:C4305A15-B7AB-476A-B5BD-EE9D423E3A40
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
OocuSlgned by:
E,,0A4EF ,F 54f—ignature)
Dan Harmon
(Typed Name)
Director,Aviation Division
(Title)
11/2/2021
(Date)
Page 17 of 23
ATTACHMENT A
CERTIFICATION OF AIRPORT PROPERTY INTERESTS
By signature below,the Sponsor does certify that the airport property, as reflected on the
property map and attorney certificate dated 06/27/2018_and on file with TxDOT Aviation
Division, remains unchanged and is an accurate reflection of the property owned and/or
controlled for Fort Worth Spinks Airport.
City of Fort Worth, Texas
(Sponsor)
B y:Fernando Costa(Nov 2,2021 10:33 CDT)
Title: Assistant City Manager
Date: Nov 2,2021
Page 18 of 23
ATTACHMENT B
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.
Cijy of Fort Worth Texas
(Sponsor)
IJ�-
By:Fernando Costa(Nov 2,2021 10:33 CDT)
Title: Assistant City Manager
Date:Nov 2,2021
l�
I
Page 19 of 23
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)
450 Alsbury Court
Fort Worth,Texas USA 76028
Check if there are workplaces on file that are not identified here.
,)M"' Nov 2 2021
Signed:F.m.�doCo,�.(Na�z.2oz1�p33Co„ Dated:
Assistant City Manager
Title
Page 20 of 23
ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
The Sponsor agrees to implement an effective airport pavement maintenance management
program as required by Airport Sponsor Grant Assurance 11,Pavement Preventive
Management,which is codified at49U.S.C.§47105(e). The Sponsor agrees that it will use the
program for the useful life of any pavement constructed,reconstructed,rehabilitated,or
repaired with Federal financial assistance at the airport.The Sponsor further agree, that the
program will:
a. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance
of Airport Pavements," for specific guidelines and procedures for maintaining airport
pavements,establishing an effective maintenance program, specific types of distress and its
probable cause,inspection guidelines, and recommended methods of repair;
b. Detail the procedures to be followed to assure that proper pavement maintenance,
both preventive and repair, is performed;
c. Include a Pavement Inventory,Inspection Schedule,Record Keeping,Information
Retrieval,and Reference,meeting the following requirements:
1. Pavement Inventory.The following must be depicted in an appropriate form and
level of detail:
I. Location of all runways,taxiways, and aprons;
ii. Dimensions;
iii. Type of pavement;and
iv. Year of construction or most recent major reconstruction,rehabilitation,or
repair.
2. Inspection Schedule.
I. 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 the Advisory Circular 150/5380-6,
the frequency of inspections may be extended to three years.
ii. Drive-By Inspection.A drive-by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition.For
drive-by inspections,the date of inspection and any maintenance performed
must be recorded.
Page 21 of 23
1. Record Keeping.Complete information on the findings of all detailed inspections and
on the maintenance performed must be recorded and kept on file for a minimum of
five years.The type of distress,location,and remedial action,scheduled or performed,
must be documented. The minimum information is:
i. Inspection date;
ii. Location;
In. Distress types;and
iv. Maintenance scheduled or performed
2. Information Retrieval System. The Sponsor must be able to retrieve the information
and records produced by the pavement survey to provide a report to the State as may be
required.
Page 22 of 23
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.
❑X 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.
X❑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.
1 CJ—
Signature of Sponsor's Designated Official Representative:'Fernando Costa( ov2,202110:33CDT)
Date: Nov 2,2021
Page 23 of 23
a� OR
�o °0
0vo �_�
o
APPROVAL RECOMMENDED: ATTEST: d� ° °
��SEX Asap
ICY
Roger Venables Ronald Gonzales
Aviation Director Acting City Secretary
(Seal)
Contract Compliance Manager: Approved as to Form and Legality
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance Thomas Royce Hansen
and reporting requirements. Assistant City Attorney
W
Tyler Dale(Nov 2.202109:27 COT)
Tyler Dale M&C: 21-0536
Project Coordinator Date: 8/3/2021
Form 1295:N/A
I
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
ATTACHMENT F
p,4- AV1
'y FAA
Airports
'7 O
zN/S7RP�
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 Exclusive Rights and Airport
Revenue so long as the airport is used as an airport.
Airport Sponsor Assurances 2/2020 Page 1 of 18
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines,
and requirements as they relate to the application, acceptance and use of Federal funds for this
project including but not limited to the following:
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 seq.'z
f National Historic Preservation Act of 1966-Section 106 - 16 U.S.C. 470(f).'
g. Archeological and Historic Preservation Act of 1974- 16 U.S.C. 469 through 469c.'
h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001, et 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. 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.C. 8373.'
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 seq.'
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
X. Single Audit Act of 1984-31 U.S.C. 7501, et seg.2
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).
Airport Sponsor Assurances 2/2020 Page 2 of 18
EXECUTIVE ORDERS
a. Executive Order 11246- Equal Employment Opportunity'
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'
f. Executive Order 12898- Environmental Justice
g. Executive Order 13788- Buy American and Hire American
h. Executive Order 13858—Strengthening Buy-American Preferences for Infrastructure
Projects
FEDERAL REGULATIONS
a. 2 CFR Part180—OMB Guidelines to Agencies on Government-wide Debarment and
Suspension (Non-procurement).
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].a,s,6
c. 2 CFR Part 1200—Non-procurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice
For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150-Airport noise compatibility planning.
f. 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.'
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.'
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).'
k. 41 CFR Part 60-Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor(Federal and federally assisted contracting
requirements).'
I. 49 CFR Part 18- Uniform administrative requirements for grants and cooperative
agreements to state and local governments.'
m. 49 CFR Part 20- New restrictions on lobbying.
Airport Sponsor Assurances 2/2020 Page 3 of 18
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 Progra MS.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 of Handicap 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—Government-wide 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
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.
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 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 FIR 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.
Airport Sponsor Assurances 2/2020 Page 4 of 18
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.
It has sufficient funds available for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure operation and maintenance of items
funded under this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary,
to the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which
Federal funds will be expended or will give assurance to the Secretary that good title will be
obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the terms, conditions, and assurances 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. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, 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
Airport Sponsor Assurances 2/2020 Page 5 of 18
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 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.
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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.
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.
Airport Sponsor Assurances 2/2020 Page 7 of 18
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, 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.
Airport Sponsor Assurances 2/2020 Page 8 of 18
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right
to disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do
all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does not
constitute or imply any assurance or commitment on the part of the Secretary to approve
any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the
airport, other than facilities owned or controlled by the United States, shall be operated at
all times in a safe and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by applicable Federal, state and local agencies for
maintenance and operation. It will not cause or permit any activity or action thereon which
would interfere with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith, with due regard to climatic and
flood conditions. Any proposal to temporarily close the airport for non-aeronautical
purposes must first be approved by the Secretary. In furtherance of this assurance, the
sponsor will have in effect arrangements for-
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic
conditions interfere with such operation and maintenance. Further, nothing herein
shall be construed as requiring the maintenance, repair, restoration, or replacement of
any structure or facility which is substantially damaged or destroyed due to an act of
God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or
controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes)
will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting
or otherwise mitigating existing airport hazards and by preventing the establishment or creation
of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws,
to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction,that will reduce its compatibility, with
Airport Sponsor Assurances 2/2020 Page 9 of 18
respect to the airport, of the noise compatibility program measures upon which Federal funds
have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and
without unjust discrimination to all types, kinds and classes of aeronautical activities,
including commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at
the airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will
insert and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the
same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-
based operator that is authorized or permitted by the airport to serve any air carrier at such
airport.
e. Each air carrier using such airport (whether as a tenant, 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.
Airport Sponsor Assurances 2/2020 Page 10 of 18
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the
airport if such action is necessary for the safe operation of the airport or necessary to serve
the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending
to provide, aeronautical services to the public. For purposes of this paragraph, the providing of
the services at an airport by a single fixed-based operator shall not be construed as an exclusive
right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-
based operator and such airport. It further agrees that it will not, either directly or
indirectly, grant or permit any person, firm, or corporation,the exclusive right at the airport
to conduct any aeronautical activities, including, but not limited to charter flights, pilot
training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising
and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum
products whether or not conducted in conjunction with other aeronautical activity, repair
and maintenance of aircraft, sale of aircraft parts, and any other activities which because of
their direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No
part of the Federal share of an airport development, airport planning or noise compatibility
project for which a grant is made under Title 49, United States Code, the Airport and Airway
Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of
1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that
airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport;
the local airport system; or other local facilities which are owned or operated by the owner
or operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the
airport.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
Airport Sponsor Assurances 2/2020 Page 11 of 18
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:
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
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.
Airport Sponsor Assurances 2/2020 Page 12 of 18
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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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;
3) the location of all existing and proposed non-aviation 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
Airport Sponsor Assurances 2/2020 Page 13 of 18
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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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.
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.
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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 covenant running with
the land, in any future deeds, leases, license, permits, 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)
Airport Sponsor Assurances 2/2020 Page 15 of 18
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 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 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.
Engineering and Design Services. If any phase of such project has received Federal funds under
Chapter 471 subchapter 1 of Title 49 U.S.C., 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 in the same manner as a contract for architectural and engineering services is
negotiated under Chapter 11 of Title 40 U. S. C., or an equivalent qualifications-based
requirement prescribed for or by the sponsor of the airport.
Airport Sponsor Assurances 2/2020 Page 16 of 18
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 , 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.
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 Disadvantaged Business Enterprise (DBE) and Airport Concessions
Disadvantaged Business Enterprise (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
Airport Sponsor Assurances 2/2020 Page 17 of 18
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.
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.
Airport Sponsor Assurances 2/2020 Page 18 of 18
r FAA
Airports
yQ O
�NISTRp'�
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 3/22/2021
View current and previous versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory circulars and
http://www.faa.gov/regulations policies/advisory circulars/
NUMBER TITLE
70/7460-1 M Obstruction Marking and Lighting
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
150/5070-6B Airport Master Plans
Changes '! -2
150/5070-7 The Airport System Planning Process
Change 1
150/5100-13C Development of State Aviation Standards for Airport Pavement Construction
150/5200-28F Notices to Airmen (NOTAMs) for Airport Operators
150/5200-30D Airport Field Condition Assessments and Winter Operations Safety
Changes '! -2
150/5200-31 C Airport Emergency Plan
Changes '! -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
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
FAA Advisory Circulars Required for Use in Updated 3/22/2021 Page 1 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
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)
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
150/5220-21 C 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
150/5300-14D Design of Aircraft Deicing Facilities
150/5300-16B 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
150/5320-6F Airport Pavement Design and Evaluation
FAA Advisory Circulars Required for Use in Updated 3/22/2021 Page 2 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5320-12C, Measurement, Construction, and Maintenance of Skid Resistant Airport
Changes '! - 8 Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5325-4B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN
150/5340-1 M Standards for Airport Markings
Change 1
150/5340-5D Segmented Circle Airport Marker System
150/5340-18G Standards for Airport Sign Systems
Change 1
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
150/5345-5B Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-1 OH 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
150/5345-28H Precision Approach Path Indicator(PAPI) Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retroreflective Markers
150/5345-42J Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345-43J Specification for Obstruction Lighting Equipment
150/5345-44K Specification for Runway and Taxiway Signs
FAA Advisory Circulars Required for Use in Updated 3/22/2021 Page 3 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
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
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
150/5360-13A Airport Terminal Planning
150/5360-14A Access to Airports By Individuals With Disabilities
150/5370-2G Operational Safety on Airports During Construction
150/5370-1 OH 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
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7B Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
FAA Advisory Circulars Required for Use in Updated 3/22/2021 Page 4 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5390-2C Heliport Design
150/5395-1 B Seaplane Bases
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/22/2021
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 '! - 7 Assisted Projects
150/5100-21 State Block Grant Program
150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects
150/5370-12B Quality Management for Federally Funded Airport Construction Projects
FAA Advisory Circulars Required for Use in Updated 3/22/2021 Page 5 of 5
AIP Funded and PFC Approved Projects ARP
REFERENCE **M&C 21- 55FWS EAST SIDE
DATE: 8/3/2021 NO.: 0536 LOG NAME: HANGAR TAXILANE
PROJECT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 6) Authorize the Application for and Acceptance of, If Awarded, a Grant From the
Federal Aviation Administration, Passed Through the Texas Department of Transportation
in an Amount Up to $1,383,660.00 for Design, Engineering, Construction and Construction
Services for the Development of Taxilanes at Fort Worth Spinks Airport, Authorize the
Transfer Up to $153,740.00 for the City's Match Requirement, Adopt Attached Resolution
Authorizing the City Manager to Execute Grant Related Agreements with the State of
Texas, Represented by the Texas Department of Transportation, and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and acceptance of, if awarded, a grant from the Federal
Aviation Administration, passed through the Texas Department of Transportation, Aviation
Division, in an amount up to $1,383,660.00 for design, engineering, construction and
construction services for the development of taxilanes at Fort Worth Spinks Airport;
2. Authorize a transfer from the Municipal Airport Capital Projects Fund into the Muni Airport
Grants Federal Fund in an amount up to $153,740.00 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 $1,537,400.00,
subject to receipt of grants, for the purpose of design, engineering, construction and
construction services for the development of taxilanes at Fort Worth Spinks Airport.
DISCUSSION:
The Texas Department of Transportation Aviation Division (TxDOT) has advised the Aviation
Department that funding is available for design, engineering, construction and construction services
for the development of taxilanes (Project) at Fort Worth Spinks Airport (Airport).
This Project will consist of designing and constructing three taxilanes that will connect to Taxiway Mike
(see attached map) on the northeast side of the Airport. These taxilanes will be funded by a 90/10 cost
split with TxDOT, with design occurring in 2021 and construction expected to occur in 2023.
This Project will allow for the future development of hangars and other infrastructure to help alleviate
the issue of limited hangar space at the Airport. With the addition of these three taxilanes, a mixture of
both t-hangars and box hangars can be designed and constructed, and will be done so concurrently
with this Project. The hangars will be funded by the Aviation Department and broken up into multiple
phases to match available funding. Separate Mayor and Council Communications (M&C) will be
drafted for the design and construction of the hangars.
Upon approval of this M&C, all appropriations and funding will be summarized in the table below:
Fund I Amount
[Muni Airport Capital Project Fund(City's
Match Requirement for Design) $ 15,000.00
uni Airport Capital Project Fund(City's
atch Requirement for Construction) Fs,38,740.00
rxDOT Grant Funds (Design & Construction) $1,383,660.00
Project Total $1,537,400.00
ADVISORY BOARD APPROVAL - On March 11, 2021, the Aviation Department's Five-Year Capital
Improvement Plan (CIP) was presented to the Aviation Advisory Board. The design and construction
of these taxilanes were part of this approved plan.
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, in the Municipal Airport Capital Proj Fund. The Aviation Department (and Financial
Management Services) 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 (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I I Year (Chartfield 2) ]
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Tyler Dale (5416)
ATTACHMENTS
55FWS East Hangar Taxilane M&C Map.pdf
55FWS EAST SIDE HANGAR TAXILANE 55003.docx
TxDOT Resolution - East Side Hangar Taxilane Proiect.pdf