HomeMy WebLinkAboutContract 58100 DocuSign Envelope ID:8B6FF622-3B5E-45A0-B75F-9AB08B7FF698
CSC No. 58100
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Project No.: 23MPSPINK
Commission Approval: August 30, 2022
NPE Funds Applied: FY21,FY22
UEI: ENS6MKS1ZL18
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repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to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 planning services to: update Airport Master Plan 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"),
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OFF IC IAL R[CORD
NrY SECRETARY
FT.WORTH,TX
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OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the project,ninety percentum of all allowable project costs. This grant is made on and
subject to the following terms and conditions:
Part II - Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.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 total project costs will be approximately$400,000(Amount A). It is further
estimated that approximately $400,000 (Amount B) of the project costs will be eligible for
federal financial assistance, and that federal financial assistance will be for ninety percent
(90%) of the eligible project costs. Final determination of federal eligibility of total project
costs will be determined by the State in accordance with federal guidelines following
completion of project.
If 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 $360,000
(Amount Q. Any financial participation over this amount is not guaranteed.
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 $40,000 (Amount D).
The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of
the federal share (Amount C).
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State on behalf of the Sponsor which are in excess of the federal percentage of
financial participation as stated in Part II-2. The State shall refund to the Sponsor, at the
financial closure of the project, any excess funds provided by the Sponsor.
5. If there is an overrun in the eligible project costs,the State may increase the grant to cover the
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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. If the sponsor does not
move forward with the planning project,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
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the dollar
amounts identified in this Agreement and any amendments, without the consent of the
Sponsor.
Payment of the United States share of the allowable project costs will be made in accordance
with the provisions of such regulations and procedures as the State and the FAA, shall
prescribe. Final determination of the United States share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested by
the State. At project closeout, Sponsor will be reimbursed for any credited amounts that
exceed Sponsor's share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the
State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State
and federal government the right, upon advance written request during reasonable and regular
business hours,to audit any books and records of the Sponsor to verify said funds. In addition,
the Sponsor shall disclose the source of all funds for the project and its ability to finance and
operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State 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 Part V-7. Likewise, should the State be unwilling or unable to pay
its obligation in a timely manner, the failure to pay shall be considered a breach and the
Sponsor may exercise any rights and remedies it has at law or equity.
8. 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.
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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.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all
contracts and subcontracts.
9. 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.
10. 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 grant program;
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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11. 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.
12. Buy American. Unless otherwise approved in advance by the State, in accordance with
49U.S.C. § 50101 the Sponsor will not acquire or permit any contractor or subcontractor to
acquire any steel or manufactured goods produced outside the United States to be used for
any permitted use for which funds are provided under this Grant. The Sponsor will
include a provision implementing Buy American in every contract under this Grant.
13. Build America, Buy America. The sponsor must comply with the requirements under
the Build America, Buy America Act(Public Law 117-58).
14. Suspension or Debarment. When entering into a "covered transaction" as defined by 2
CFR § 180.200, the Sponsor must:
A. Verify the non-Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system(EPLS) as maintained within the System for
Award Management(SAM) to determine if the non-federal entity is excluded or disqualified;
or
2. Collecting a certification statement from the non-federal entity attesting the entity is
not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm is
not excluded or disqualified from participating.
B. Require prime contractors and subcontractors to comply with 2 CFR § 180.330 when
entering into lower-tier transactions (e.g., sub-contracts)-
C. Immediately disclose to the State whenever the Sponsor(1) learns the Sponsor has
entered into a covered transaction with an ineligible entity, or (2) suspends or debars a
contractor, person, or entity.
15. 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.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Airport Fund, attached and
made a part of this Agreement; and
b. it will comply with the Attachment D,Airport Assurances(5/2022),attached and made
a part of this Agreement; and
C. it will comply with the Attachment C, Certification and Disclosure Regarding
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Potential Conflicts of Interest, attached and made a part of this Agreement; and
d. it will, in the operation of the facility, comply with all applicable state and federal
laws,rules,regulations,procedures, covenants and assurances required by the State of
Texas or the FAA in connection with the federal grant; and
e. the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired under
this project shall be operated, repaired, and maintained in a safe and serviceable
manner for the useful life of said improvements, not to exceed 20 years; and
f. consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds, and classes of aeronautical use
without unjust discrimination between such types,kinds and classes and shall provide
adequate public access during the term of this Agreement; and
g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications. The landing area consists of runways or landing strips, taxiways,
parking aprons, roads, airport lighting and navigational aids; and
h. it shall not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan,without prior approval of the State/FAA. 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
i. it will not permit or enter any arrangement that results in pennission for the owner or
tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft
between that property and any location on airport; and
j. it will acquire all property interests identified as needed for the purposes of this project
and comply with all applicable state and federal laws, rules, regulations, procedures,
covenants and assurances required by the State of Texas or the FAA in connection
with the federal grant in the acquisition of such property interests; and that airport
property identified within the scope of this project and Attorney's Certificate of Airport
Property Interests shall be pledged to airport use and shall not be removed from such
use without prior written approval of the State; and
k. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
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1. all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory. The
proceeds of such fees shall be used solely for the development, operation, and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites).
in. an Airport Fund shall be established by resolution, order, or ordinance in the treasury
of the Sponsor, or evidence of the prior creation of an existing airport fund or a
properly executed copy of the resolution,order,or ordinance creating such a fund shall
be submitted to the State. Such fund may be an account within another fund, but must
be accounted for in such a manner that all revenues, expenses, retained earnings, and
balances in the account are discernible from other types of moneys identified in the
fund as a whole. All fees, charges, rents, and money from any source derived from
airport operations must be deposited in said Airport Fund and shall not be diverted to
the general revenue fund or any other revenue fund of the Sponsor. All expenditures
from the Airport Fund shall be solely for airport or airport system purposes. Sponsor
shall be ineligible for a subsequent grant or loan by the State unless, prior to such
subsequent approval of a grant or loan, Sponsor has complied with the requirements
of this subparagraph; and
n. for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
o. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise and to provide for the continuous operation and maintenance of any
navigational aid funded under this Grant Agreement 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); and
p. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning
regulations to restrict the height of structures and use of land adjacent to or in the
immediate vicinity of the airport to heights and activities compatible with normal
airport operations as provided in Tex. Loc. Govt. Code Ann. §§ 241.001 et seq.
(Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements
or other property interests in or rights to use of land or airspace, unless Sponsor can
show that acquisition and retention of such interests will be impractical or will result
in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or
loan by the State unless Sponsor has, prior to such subsequent approval of a grant or
loan, adopted and passed an airport hazard zoning ordinance or order approved by the
State; and
q. it will provide upon request of the State, the engineering or planning consultant, and
the FAA copies of any maps, plans, or reports of the project site, applicable to or
affecting the above project; and
r. after reasonable notice, it will permit the State, the FAA, and any consultants and
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contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with this
project, to enter private property for purposes necessary to this project; and
S. all development of an airport constructed with program funds shall be consistent with
the Airport Layout Plan approved by the State and maintained by the Sponsor. A
reproducible copy of such plan, and all subsequent modifications, shall be filed with
the State for approval; and
t. it shall take all steps, including litigation, if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any
other manner in any project upon which Federal and State funds have been expended.
For the purposes of this grant agreement,the term"funds"means funds,however used,
or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any
other grant agreement. It shall obtain the approval of the State as to any determination
of the amount of such funds. It shall return the recovered share, including funds
recovered by settlement, order, or judgment, to the State. It shall furnish to the State,
upon request, all documents and records pertaining to the determination of the amount
of the funds or to any settlement, litigation, negotiation, or other efforts taken to
recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such funds shall be approved in advance by the
State.
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon which construction work is to be performed, or have acquired a leasehold on
such property for a term of not less than 20 years, prior to the advertisement for bids for such
construction or procurement of facilities that are part of the above project, and within the time
frame of the project, a sufficient interest(easement or otherwise) in any other property which
may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of the
Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to
the extent of its legal authority to do so, shall also save harmless the State,the State's agents,
employees, or contractors from any and all expenses, including attorney fees which might be
incurred by the State in litigation or otherwise resisting the claim or liabilities which might be
imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents, or
employees.
4. The 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.
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5. The Sponsor and not the State shall, for all purposes,be the "Sponsor" of the project identified
above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of
the facility in compliance with all applicable state and federal requirements including any
statutes, rules, regulations, assurances, procedures, or any other directives before, during and
after the completion of this project.
6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of
Airport Property Interests and Exhibit A property map.
7. The Sponsor shall have on file with the State, Attachment B, Certification Regarding Drug-
Free Workplace Requirements, attached and made part of this agreement.
Part IV-Nomination of the Agent
l. 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 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;
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Contracting Agent:
e. advertise for planning services for, but not limited to, the preparation of planning
studies; certify consultant selection procedures;provide notification of contract award
for professional services; and negotiate professional services fees; and execute, on
behalf of the Sponsor, a professional services agreement as related to this project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract 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; coordinate and conduct progress and final
inspections.
PART V-Recitals
1. The State and the Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The power
of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a
limited power to perform acts in connection with airport improvements as specified in or
necessitated by this Agreement.
I The Sponsor agrees to pursue and enforce contract items,which are required by federal and/or
state regulations, laws, and orders to insure satisfactory performance of contract vendors.
Such items include,but are not limited to,bid bonds,payment bonds, and performance bonds.
Pursuit and enforcement of contract items may require litigation and other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incidental to, compliance with this
grant agreement.
5. This Agreement is executed for the sole benefit of the contracting parties and is not intended
or executed for the direct or incidental benefit of any third party. Furthermore,the State shall
not be a party to any other contract or commitment, which the Sponsor may enter into or
assume, or have entered into or have assumed, in regard to the above project.
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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 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,
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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.
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.
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D. The State will not pay interest on any funds provided by the Sponsor.
E. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Sponsor in accordance with this Agreement.
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Part VI -Acceptance of the Sponsor
City of Fort Worth, Texas, does ratify and adopt all statements, representations, warranties,
covenants, and agreements constituting the described project and incorporated materials referred to
in the Agreement, and does accept the Offer, and agrees to all of the terms and conditions of the
Agreement.
City of Fort Worth, Texas
Sponsor
2>An4-BcAIuJF
Dana Burghdoff( p 12,2U U9:53 CDT)
Sponsor Signature
Assistant City Manager
Sponsor Title
Sep 12, 2022
Date
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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
DocuSigned by:
By:
_ 5425
Title: Director, Aviation Division
Date: 9/12/2022
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ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees,
charges, rents, and money from any source derived from airport operations will be deposited for the
benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or
any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport
purposes. Such fund may be an account as part of another fund but must be accounted for in such a
manner that all revenues, expenses, retained earnings, and balances in the account are discernible
from other types of moneys identified in the fund as a whole.
City of Fort Worth, Texas
(Sponsor)
By:Dana Burghdoff( p 12,20 09:53 CDT)
Title: Assistant City Manager
Date: Sep 12, 2022
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ATTACHMENT B
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 Alsbuty Court,Fart Worth, Tarrant County, Texas 76028
Check if there are workplaces on file that are not identified here.
Z5 8u L)6 Sep 12 2022
Dana Burghdoff( p 12,20 09:53 CDT) late: Y'1
Signature
Assistant City Manager
Title
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ATTACHMENT C
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:
I. 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.
I. 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.
b"ta-&da- �Z4
Signature of Sponsor's Designated Official Representative:Dina Burghdoff( p12,2n 09:53 CDT)
Date: Sep 12, 2022
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ATTACHMENT D
ASSURANCES
AIRPORT SPONSORS 5/2022
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, 23, 25, 30,
32, 33, 34, and 37 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.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
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1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies,guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this Grant
including but not limited to the following:
FEDERAL LEGISLATION
a. 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1
c. Federal Fair Labor Standards Act-29 U.S.C. § 201, et seq.
d. Hatch Act—5 U.S.C. § 1501, et seq.z
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. §4601,
et seq.1, z
f. National Historic Preservation Act of 1966—Section 106 -54 U.S.C. § 306108.1.1
g. Archeological and Historic Preservation Act of 1974-54 U.S.C. § 312501, et seq.1
h. Native Americans Grave Repatriation Act-25 U.S.C.Section § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended -42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973—Section 102(a)-42 U.S.C. §4012a.1
I. 49 U.S.C. § 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, as amended -42 U.S.C. §4151, et seq.'
s. Powerplant and Industrial Fuel Use Act of 1978—Section 403-42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act-40 U.S.C. § 3701, 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—16 U.S.C. § 1271,et seq.
x. Single Audit Act of 1984-31 U.S.C. §7501, et seq.2
y. Drug-Free Workplace Act of 1988-41 U.S.C. §§8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
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aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58,Title IX.
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 13166—Improving Access to Services for Persons with Limited English Proficiency
h. Executive Order 13985—Executive Order on Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government
i. Executive Order 13988—Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation
j. Executive Order 14005—Ensuring the Future is Made in all of America by All of America's Workers
k. Executive Order 14008—Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles,and Audit Requirements
for Federal Awards.4,s
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13—Investigative and Enforcement Procedures.
e. 14 CFR Part 16—Rules of Practice For Federally-Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150—Airport Noise Compatibility Planning.
g. 28 CFR Part 35—Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3—U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1—Procedures for Predetermination of Wage Rates.'
j. 29 CFR Part 3—Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.'
k. 29 CFR Part 5—Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts
Subject to the Contract Work Hours and Safety Standards Act).'
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I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor(Federal and Federally-assisted contracting requirements).'
m. 49 CFR Part 20—New Restrictions on Lobbying.
n. 49 CFR Part 21—Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-Assisted Programs.'2
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27—Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30—Denial of Public Works Contracts to Suppliers of Goods and Services of Countries
That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38—Americans with Disabilities Act(ADA)Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41—Seismic Safety.
FOOTNOTES TO ASSURANCE(C)(1)
' These laws do not apply to airport planning sponsors.
z These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance.Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining
the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
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.
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
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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.
S. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere with
such performance by the sponsor.This shall be done in a manner acceptable to the Secretary.
b. 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 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
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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 ensure that the airport will be operated and maintained in accordance with Title
49, United States Code,the regulations and the terms, conditions and assurances in this Grant
Agreement and shall ensure 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.
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.
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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-Management.
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 49 U.S.C. §44706, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of such airport
to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant,the total cost of the project in connection with which
this Grant is given or used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the project.The accounts
and records shall be kept in accordance with an accounting system that will facilitate an effective
audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of
their duly authorized representatives,for the purpose of audit and examination, any books,
documents, papers, and records of the recipient that are pertinent to this Grant.The Secretary
may require that an appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds
of a Grant or relating to the project in connection with which this Grant was given or used, it shall
file a certified copy of such audit with the Comptroller General of the United States not later than
six(6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of$2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages,to be predetermined
by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and
Works),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.
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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 49 U.S.C. §47112. 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.
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.
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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 pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for aeronautical
use during temporary periods when snow,flood, or other climatic conditions interfere with
such operation and maintenance. Further, nothing herein shall be construed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition or circumstance
beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument
and visual operations to the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating
existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action,to the extent reasonable, including the adoption of zoning laws,to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes
compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the
project is for noise compatibility program implementation, it will not cause or permit any change in
land use, within its jurisdiction, that will reduce its compatibility,with respect to the airport, of the
noise compatibility program measures upon which Federal funds have been expended.
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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.
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.
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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 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
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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 49 U.S.C. §47102), if the FAA determines
the airport sponsor meets the requirements set forth in Section 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 49 U.S.C. §47107.
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.
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
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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 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 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
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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, color, and national origin (including limited English proficiency) 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);
creed and sex(including sexual orientation and gender identity) per 49 U.S.C. §47123 and related
requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per
the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination in any program and 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 49 CFR§§21.23(b)
and 21.23(e), 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
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2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for bids,
Requests For Proposals for work, or material under this Grant Agreement and in all proposals for
agreements, including airport concessions, regardless of funding source:
"The ([Selection Criteria:Sponsor Namel), 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 or offerors that it will affirmatively ensure that for any contract entered into
pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or
airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to
submit bids in response to this invitation and no businesses will be discriminated against on the
grounds of race, color, national origin (including limited English proficiency), creed, sex(including
sexual orientation and gender identity), age, or disability 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 Department of
Transportation (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 (including limited English proficiency), creed,sex (including sexual
orientation and gender identity), age, or disability 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.
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31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving
as a noise buffer, it will dispose of the land,when the land is no longer needed for such purposes,
at fair market value, at the earliest practicable time.That portion of the proceeds of such
disposition which is proportionate to the United States' share of acquisition of such land will be, at
the discretion of the Secretary, (1) reinvested in another project at the airport, or(2)transferred
to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to
the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§47114,47115, or 47117
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise
compatibility project at that airport; or
5. Payment 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, 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 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§47114,47115, or 47117
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise
compatibility project at that airport; or
5. Payment 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
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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.
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.
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 any project funded under an Airport Improvement Program Grant in accordance with
policies, standards, and specifications approved by the Secretary including, but not limited to, current
FAA Advisory Circulars(httos://www.faa.gov/airports/aip/media/aip-ofc-checklist.odf) for AIP projects
as of[Selection Criteria: Project Application Date].
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 of 49
CFR Part 24 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
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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 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms
and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport(as defined in 49 U.S.C. §47102)
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.
View the most current Series 150 Advisory Circulars (ACs)for Airport Projects:
http://www.faa.gov/airports/resources/advisory_circulars and
http://www.faa.gov/regulations_policies/advisory_circulars
Page 37 of 37
DocuSign Envelope ID:8B6FF622-3B5E-45A0-B75F-9AB08B7FF698
APPROVAL RECOMMENDED: ATTEST:
jaffiette S.Goodall(Sep 13,2022 11& CDT)
Roger Venables a4�4nnn��
g Jannette Goodall pd�foRr as
Aviation Director City Secretary �Coo' °°o�'
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Contract Compliance Manager: M&C: 22-0588
By signing, I acknowledge that I am the person Date: 8/9/2022
responsible for the monitoring and administration Form 1295: N/A
of this contract, including ensuring all performance
and reporting requirements.
fj!k ef& Approved as to Form and Legality
Tyler Dale(Sep 7,202215:48 CDT)
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Tyler Dale Thomas Royce Hansen
Airport Project Coordinator Assistant City Attorney
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FT. WORTH- TK
DocuSign Envelope ID:8B6FF622-3B5E-45A0-B75F-9AB08B7FF698
Create New From This M&C
DATE: 8/9/2022 REFERENCE NO.: **M&C 22-0588 LOG NAME: 55FWS MASTER
PLAN UPDATE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 6) Authorize 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 $360,000.00 for the Update of the Master Plan at City of Fort Worth Spinks
Airport, with an Amount Up to $40,000.00 Contributed as the City's Match Requirement, for
a Total Project Amount Up to $400,000.00, Adopt Resolution Authorizing the City Manager
to Execute Grant Related Agreements with the State of Texas, Represented by the Texas
Department of Transportation, and Adopt Appropriation Ordinance
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, in an
amount not to exceed $360,000.00 for the update of the Master Plan at City of Fort Worth
Spinks Airport;
2. 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
3. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the Municipal Airport Grants Federal Fund (1) by up to $360,000.00
subject to the receipt of the grant, and (2) by up to $40,000.00, as a transfer from the
Future Grant Match project within the Municipal Airport Capital Project Fund (City Project
No. 101731) as the City's grant match requirement, for a total of $400,000.00 for the
purpose of updating the Master Plan at City of Fort Worth Spinks Airport.
DISCUSSION:
The Texas Department of Transportation Aviation Division (TxDOT) has advised the Aviation
Department that funding is available to update the Master Plan at City of Fort Worth Spinks Airport
(Airport).
The objective of an Airport Master Plan is to determine the role of the airport in the community,
determine the relationship the airport has to other system airports, determine the requirements and
resources needed to fulfill the airport's role, and document the vision for the airport. It provides the
framework needed to guide future airport development that will cost-effectively satisfy aviation
demand, while considering potential environmental and socioeconomic impacts.
In May of 2004, HNTB Corporation (HNTB) prepared and updated the current Master Plan for the
Airport. Since this update, several construction and improvement projects have been completed,
allowing the Airport to further grow and develop. This master plan update will encompass the
DocuSign Envelope ID:8B6FF622-3B5E-45A0-B75F-9AB08B7FF698
expansion and numerous changes the airport has experienced over the past eighteen years and
provide a better vision for the future of the Airport.
Since no City salaries will be charged to this grant, indirect cost recovery does not apply.
Upon approval of this M&C, all appropriations and funding will be summarized in the table below:
Fund (Amount (Source
uni Airport Grants $40 000.00 City s Grant Match
ederal Fund Requirement
reuni Airport Grants [$360,000.00 TxDOT Grant Funds
deral Fund
Project Total $400,000.00F
Funding for the required City match is available in the Municipal Airport Capital Projects fund Future
Grant Matches project, as previously appropriated.
City of 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 operating budget, as
appropriated, in the Muni Airport Grants Federal Fund. The Aviation Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior
to an expenditure 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 # I Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Dana Burghdoff (8018)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Tyler Dale (5416)
ATTACHMENTS
55FWS MASTER PLAN UPDATE Updated FID Table.XLSX (CFW Internal)
Appropriation Ordinance for 55FWS MASTER PLAN UPDATE 55003 .docx (Public)
Funds Available.ipa (CFW Internal)