HomeMy WebLinkAboutContract 59347DocuSign Envelope ID:2493B32C-35E9-41B5-8802-24B54D049197
CSC No. 59347
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Project No.: 2302SPINK
Commission Approval: April 27, 2023
NPE: FY 21-23
UEI: ENS6MKS1ZL18
ALN: 20.106
Part I - Identification of the Project
TO: City of Fort Worth, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and City of Fort Worth, Texas, (hereinafter referred to as the "Sponsor").
The Sponsor desires to sponsor a project for the development of a public aviation
facility, known or to be designated as the Airport under the Airport and Airway Improvement
Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq.,
(hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures
promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et
seq. (Vernon and Vernon Supp).
The project is described as construction services to: construct hangar access taxilanes
northeast side of the airport at Fort Worth Spinks Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the
United States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in the Airport Project Participation Agreement and its acceptance of this
Offer as provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions as herein
provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as
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CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID:2493B32C-35E9-41B5-8802-24B54D049197
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 construction project costs will be approximately $1,387,400
(Amount A). It is further estimated that approximately $1,387,400 (Amount B) of the
project costs will be eligible for federal financial assistance, and that federal financial
assistance will be for ninety percent (90%) of the eligible project costs. Final
determination of federal eligibility of total project costs will be determined by the State
in accordance with federal guidelines following completion of project.
3. The maximum obligation of the United States payable under this offer shall be
$1,248,660 (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 $138,740
(Amount D). At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share. The Sponsor specifically agrees that it shall pay any
project costs, which exceed the sum of the federal share (Amount Q. If the sponsor
does not move forward with construction, they shall reimburse the state 100% of all
costs under contract and/or expended at the point of notification that the project will not
be completed.
It is further agreed that the Sponsor will reimburse the State for any payment or
payments made by the State in behalf of the Sponsor which are in excess of the federal
percentage of financial participation as stated in Paragraph II-2. The State shall refund
to the Sponsor, at the financial closure of the project, any excess funds provided by the
Sponsor.
5. If there is an overrun in the eligible project costs, the State may increase the grant to
cover the amount of overrun not to exceed the statutory limitations, and will advise the
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Sponsor by amendment of the increase. Upon receipt of the aforementioned
amendment, the maximum obligation of the United States is adjusted to the amount
specified and the Sponsor will remit their share of the increased grant amount.
The State may decrease the agreement after completion of the describer scope. The
Sponsor will be notified by letter of the decreased amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments, without the consent
of the Sponsor.
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA shall prescribe. Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of costs.
6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when
requested by the State. At project closeout, Sponsor will be reimbursed for any credited
amounts that exceed Sponsor's share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor
grants to the State and federal government the right, upon advance written request
during reasonable and regular business hours, to audit any books and records of the
Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all
funds for the project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor
fail to pay said obligation, either in whole or in part, within 30 days of written demand,
the State may exercise its rights under Paragraph V-7. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law
or equity.
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 a grant or subgrant.
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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 subgrants, contracts, and subcontracts funded with this Grant.
9. Trafficking in Persons.
A. The Sponsor, as the recipient, and the Sponsor's your employees, under this award, may
not:
1. Engage in severe forms of trafficking in persons during the period of
time that the Grant and applicable conditions are in effect;
2. Procure a commercial sex act during the period of time that the Grant
and applicable conditions are in effect; or
3. Use forced labor in the performance of the Grant.
B. The State as the awarding agency, may unilaterally terminate this Grant, without
penalty, a Sponsor that is a private entity:
1. Is determined to have violated a prohibition in paragraph (a) of this condition; or
2. Has an employee who is determined by the agency official authorized to terminate
the Grant to have violated a prohibition in paragraph (a) of this Condition through
conduct that is either —
a. Associated with performance under this Grant; or
b. Imputed to the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that are provided
in 2 CFR Part 180, OMB Guidelines to Agencies on Government -wide
Debarment and Suspension (Nonprocurement), as implemented by our agency
at 2 CFR Part 1200.
The Sponsor must inform us immediately of any information you receive from
any source alleging a violation of a prohibition in paragraph (a) of this
Condition.
4. The State's right to terminate unilaterally that is described in paragraph (a) of
this Condition:
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 us
under this Grant Agreement.
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10. Employee Protection from Reprisal.
1.Prohibition of Reprisals
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 sub -paragraph (a)(2) below, 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 employee responsible for contract or grant oversight or management
at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct; or
vii. An authorized official of the Department of Justice or other law
enforcement agency.
C. Submission of Complaint. A person who believes that they have been
subjected to a reprisal prohibited by paragraph (a) of this Condition 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 OIG, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §
4712(c)(2).
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.
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12. Buy American. Unless otherwise approved in advance by the FAA, in accordance with
49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for which funds are provided under this grant.
The Sponsor will include a provision implementing Buy American in every
contract and subcontract awarded 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
they are not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the
individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into
lower -tier transactions (e.g., Sub -contracts).
C. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns
they have entered into a covered transaction with an ineligible entity or (2) the Public
Sponsor 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 B, Certification of Project Funds, attached
and made a part of this Agreement; and
C. it will comply with the Attachment E, Certification and Disclosure Regarding
Potential Conflicts of Interest, attached and made a part of this Agreement; and
d. it will comply with the Attachment F, Airport Assurances (5/2022), attached and
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made a part of this Agreement; and
e. it will, in the operation of the facility, comply with all applicable state and
federal laws, rules, regulations, procedures, covenants and assurances required
by the State of Texas or the FAA in connection with the federal grant; and
f. the Airport or navigational facility which is the subject of this Agreement shall
be controlled for a period of at least 20 years, and improvements made or
acquired under this project shall be operated, repaired and maintained in a safe
and serviceable manner for the useful life of said improvements, not to exceed
20 years; and
g. consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement; and
h. it shall not grant or permit anyone to exercise an exclusive right for the conduct
of aeronautical activity on or about an airport landing area. Aeronautical
activities include, but are not limited to scheduled airline flights, charter flights,
flight instruction, aircraft sales, rental and repair, sale of aviation petroleum
products and aerial applications. The landing area consists of runways or
landing strips, taxiways, parking aprons, roads, airport lighting and navigational
aids; and
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
j. through the fence access shall be reviewed and approved by the State; and
k. it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
and that airport property identified within the scope of this project and
Attorney's Certificate of Airport Property Interests shall be pledged to airport
use and shall not be removed from such use without prior written approval of the
State; and
the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
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in. all fees collected for the use of an airport or navigational facility constructed
with funds provided under the program shall be reasonable and
nondiscriminatory. The proceeds of such fees shall be used solely for the
development, operation and maintenance of the Sponsor's system of airport(s) or
navigational facility(ites).
n. an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from
other types of moneys identified in the fund as a whole. All fees, charges, rents,
and money from any source derived from airport operations must be deposited
in said Airport Fund and shall not be diverted to the general revenue fund or any
other revenue fund of the Sponsor. All expenditures from the Airport Fund shall
be solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval
of a grant or loan, Sponsor has complied with the requirements of this
subparagraph; and
o. for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
P. the Sponsor must operate and maintain the lighting system during the useful life
of the system in accordance with applicable FAA standards.
q. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to
or in the immediate vicinity of the airport to heights and activities compatible
with normal airport operations as provided in Tex. Loc. Govt. Code Ann.
§§241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and
retain aviation easements or other property interests in or rights to use of land or
airspace, unless Sponsor can show that acquisition and retention of such
interests will be impractical or will result in undue hardship to Sponsor.
Sponsor shall be ineligible for a subsequent grant or loan by the State unless
Sponsor has, prior to such subsequent approval of a grant or loan, adopted and
passed an airport hazard zoning ordinance or order approved by the State; and
r. it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable
to or affecting the above project; and
S. after reasonable notice, it will permit the State, the FAA, and any consultants
and contractors associated with this project, access to the project site, and will
obtain permission for the State, the FAA, and consultants and contractors
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associated with this project, to enter private property for purposes necessary to
this project; and
t. all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor. A reproducible copy of such plan, and all subsequent modifications,
shall be filed with the State for approval; and
U. it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused
in any other manner in any project upon which Federal and State funds have
been expended. For the purposes of this grant agreement, the term "funds"
means funds, however used or disbursed by the Sponsor or Agent that were
originally paid pursuant to this or any other grant agreement. It shall obtain the
approval of the State as to any determination of the amount of such funds. It
shall return the recovered share, including funds recovered by settlement, order
or judgment, to the State. It shall furnish to the State, upon request, all
documents and records pertaining to the determination of the amount of the
funds or to any settlement, litigation, negotiation, or other efforts taken to
recover such funds. All settlements or other final positions of the Sponsor, in
court or otherwise, involving the recovery of such funds shall be approved in
advance by the State.
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon which construction work is to be performed, or have acquired a leasehold
on such property for a term of not less than 20 years, prior to the advertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the time frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State,
the State's agents, employees or contractors from all claims and liability due to activities
of the Sponsor, the Sponsor's agents or employees performed under this agreement. The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State,
the State's agents, employees or contractors from any and all expenses, including
attorney fees which might be incurred by the State in litigation or otherwise resisting
said claim or liabilities which might be imposed on the State as the result of such
activities by the Sponsor, the Sponsor's agents or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, as
provided, and the Agreement shall comprise a contract, constituting the obligations and
rights of the State of Texas and the Sponsor with respect to the accomplishment of the
project and the operation and maintenance of the airport. Such Agreement shall become
effective upon execution of this instrument and shall remain in full force and effect for a
period of at least 20 years.
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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 C, Certification Regarding
Drug -Free Workplace Requirements, attached and made a part of this agreement.
8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in
every contract a provision implementing this special condition.
9. Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid funded under the AIP during the useful life of the
equipment unless the equipment is transferred by agreement to the FAA in accordance
with 49 U.S.C. § 44502(e); The sponsor must check the facility, including instrument
landing systems, prior to commissioning to ensure it meets the operational standards.
The Sponsor must also remove, relocate, or lower each obstruction on the approach or
provide for the adequate lighting or marking of the obstruction if any aeronautical study
conducted under FAR Part 77 determines that to be acceptable; and mark and light the
runway, as appropriate. The Federal Aviation Administration will not take over the
ownership, operation, or maintenance of any sponsor -acquired equipment, except for
instrument landing systems.
10. For a project to replace or reconstruct pavement at the airport, the Sponsor shall
implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number 11. The sponsor shall use such
program for the useful life of any pavement constructed, reconstructed, or repaired with
Federal financial assistance at the airport. As a minimum, the program must conform to
the provisions in Attachment D "Pavement Maintenance Management Program",
attached and made a part of this agreement.
11. the Sponsor agree that because State highway specifications will be used for airfield
pavement construction instead of FAA standard specifications, it will not seek AIP
grant funds or supplemental appropriation funds for the rehabilitation or reconstruction
of airfield pavement included in this Grant Agreement for a period of 10 years after
construction is completed unless the FAA determines that the rehabilitation or
reconstruction is required for safety reasons, per 49 U.S.0 § 47015(c) or 47114(d)(5).
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12. Fencing- if applicable, the Sponsor understand that the fence is being installed to
prevent wildlife from entering the airfield. The Sponsor agrees to maintain the integrity
of the fence for its useful life, but no less than 20 years from the date this Grant was
issued. The Sponsor understand that maintenance of the fence includes repair of damage
to the fence or gates due to any purpose.
Part IV- Nomination of the Agent
The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either
of the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives,
except as otherwise specifically provided.
3. The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its
agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the
United States under Title 49 U.S.C. and congressional appropriation made
pursuant thereto, and the Sponsor;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agent:
e. advertise for professional engineering and/or planning services for, but not
limited to, the preparation of planning studies, plans and specifications for the
above project and for the management of the construction of the above project;
certify consultant selection procedures; provide notification of contract award
for professional services; and negotiate professional services fees; and execute,
on behalf of the Sponsor, a professional services agreement as related to this
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proj ect;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State
reasonably finds appropriate. Where there is an irreconcilable conflict or
difference of opinion, judgment, order or direction between the State and the
Sponsor, any engineer, contractor, or materialman, the State shall issue a written
order, which shall prevail and be controlling;
h. coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
j. participate in pre -bid and pre -construction conferences; and issue orders as it
deems appropriate regarding construction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders;
k. review, approve and maintain record drawings.
PART V - Recitals
1. The State and Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation
and other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to
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property or injury to persons, which may arise from, or be incidental to, compliance
with this grant agreement.
5. This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to
reconsider the suspension or termination. Such request for reconsideration shall be
made within 45 days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.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
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County, Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably denied
or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning
their rights and responsibilities in regard to this project and shall not be modified,
amended, rescinded or revoked unless such modification, amendment, rescission or
revocation is agreed to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7
of Article 11 of the Texas Constitution, if applicable) and to the availability of funds
which lawfully may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by
the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided
by the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided.
12. The state auditor may conduct an audit or investigation of any entity receiving funds
from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
13. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties;
♦ by either parry 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
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writing. The Sponsor will make payment to the State within thirty (30) days from
receipt of the State's written notification.
B. Upon completion of the Project, the State will perform an audit of the Project costs.
Any funds due to the Sponsor, the State, or the Federal Government will be promptly
paid by the owing party.
C. In the event the Project is not completed, the State may seek reimbursement from the
Sponsor of the expended funds. The Sponsor will remit the required funds to the State
within sixty (60) days from receipt of the State's notification.
D. The State will not pay interest on any funds provided by the Sponsor.
E. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Sponsor in accordance with this
Agreement.
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Part VI - Acceptance of the Sponsor
City of Fort Worth, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the Agreement, and does accept the Offer, and agrees to all of the terms
and conditions of the Agreement.
Citv of Fort Worth. Texas
Sponsor
nww- Brr,�AA&6r
Dana Burghdoff( r4,202 0:49 CDT)
Sponsor Signature
Assistant City Manager
Sponsor Title
Apr4,2023
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
'DDoccuuS11igned by:
ISL tl -
By:
Title: Director, Aviation Division
5/1/2023
Date:
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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)
15an� 8rcygGcr7r�
By: Dana Burghdoff( r4,202 0:49 CDT)
Title: Assistant City Manager
Date: Apr 4, 2023
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ATTACHMENT B
CERTIFICATION OF PROJECT FUNDS
TxDOT Project No.: 2302SPINK
The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as
identified in the Airport Project Participation Agreement for said project will be available in
accordance with the schedule shown below:
Source
SPONSOR FUNDS
Amount Date Available
Municipal Airport Federal Grants Fund $138,740.00 5/8/2023
City of Fort Worth, Texas
(Sponsor)
nAK,a, LazA6—d7
By: Dana Burghdoff (A r4, 202 0:49 CDT)
Title: Assistant City Manager
Date: Apr4, 2023
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ATTACHMENT C
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug -free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy
of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees
must provide notice, including position title, to every grant officer or other designee on whose grant activity
the convicted employee was working, unless the Federal agency has designated a central point for the receipt
of such notices. Notices shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2),
with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (f),
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
450 Alsbury Court Fort Worth, Texas USA 76028
Check if there are workplaces on file that are not identified here.
D`4.1- 8WALa)° F Apr 4, 2023
Signed: Dana Burghdoff ( r4, z0z 0:49 CDT) Dated: p
Assistant City Manager
Title
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ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
The Sponsor agrees to implement an effective airport pavement maintenance management
program as required by Airport Sponsor Grant Assurance 11, Pavement Preventive
Management, which is codified at49U.S.C. §47105(e). The Sponsor agrees that it will use the
program for the useful life of any pavement constructed, reconstructed, rehabilitated, or
repaired with Federal financial assistance at the airport. The Sponsor further agree, that the
program will:
a. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance
of Airport Pavements," for specific guidelines and procedures for maintaining airport
pavements, establishing an effective maintenance program, specific types of distress and its
probable cause, inspection guidelines, and recommended methods of repair;
b. Detail the procedures to be followed to assure that proper pavement maintenance,
both preventive and repair, is performed;
c. Include aPavement Inventory, Inspection Schedule, Record Keeping, Information
Retrieval, and Reference, meeting the following requirements:
1. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
i. Location of all runways, taxiways, and aprons;
ii. Dimensions;
iii. Type of pavement; and
iv. Year of construction or most recent major reconstruction, rehabilitation, or
repair.
2. Inspection Schedule.
i. Detailed Inspection. A detailed inspection must be performed at least once a
year. If a history of recorded pavement deterioration is available, i.e., Pavement
Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6,
the frequency of inspections may be extended to three years.
ii. Drive -By Inspection. A drive -by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition. For
drive -by inspections, the date of inspection and any maintenance performed
must be recorded.
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1. Record Keeping. Complete information on the findings of all detailed inspections and
on the maintenance performed must be recorded and kept on file for a minimum of
five years. The type of distress, location, and remedial action, scheduled or performed,
must be documented. The minimum information is:
i. Inspection date;
ii. Location;
iii. Distress types; and
iv. Maintenance scheduled or performed
2. Information Retrieval System. The Sponsor must be able to retrieve the information
and records produced by the pavement survey to provide a report to the State as may be
required.
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ATTACHMENT E
Certification and Disclosure Regarding Potential Conflicts of Interest Certification Form
A sponsor must disclose in writing any potential conflict of interest to the Texas Department of Transportation. No
employee, officer or agent of the sponsor shall participate in selection, or in the award or administration of a contract
supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise
when:
1. The employee, officer or agent,
2. Any member of his immediate family,
3. His or her partner, or
4. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the
firm selected for award. The sponsor's officers, employees or agents will neither solicit nor accept gratuities,
favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.
Sponsor may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item
of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards or
conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by
the grantee's and subgrant recipient's officers, employees, or agents, or by contractors or their agents.
The sponsor must maintain a written code of standards of conduct governing the performance of their employees
engaged in the award and administration of contracts.
1. By checking "Yes," the sponsor certifies that it does not have any potential conflict of interest or Significant
Financial Interests. By checking "No," the sponsor discloses that it does have a potential conflict of interest,
which is further explained below.
® 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.
® 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.
�� �c�AGcr7d�
Signature of Sponsor's Designated Official Representative: Dana Burgnaoff( r4,zoz 0:49 CDT)
Date: Apr4, 2023
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I:r0r1M11051lie Ina
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.
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.
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:
1. General Federal Requirements
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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.'
g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.'
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.'
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.1
s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 - 42 U.S.C. § 8373.'
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.1
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).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
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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).'
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.
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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.
2 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
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:
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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.
It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to
the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,
it holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere with
such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease,
encumber, or otherwise transfer or dispose of any part of its title or other interests in the property
shown on Exhibit A to this application or, for a noise compatibility program project, that portion of
the property upon which Federal funds have been expended, for the duration of the terms,
conditions, and assurances in this Grant Agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume
the obligations of this Grant Agreement and to have the power, authority, and financial resources
to carry out all such obligations, the sponsor shall insert in the contract or document transferring
or disposing of the sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this Grant Agreement.
C. For all noise compatibility program projects which are to be carried out by another unit of
local government or are on property owned by a unit of local government other than the sponsor,
it will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake
the noise compatibility program project. That agreement and changes thereto must be satisfactory
to the Secretary. It will take steps to enforce this agreement against the local government if there
is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it
will enter into an agreement with the owner of that property which includes provisions specified
by the Secretary. It will take steps to enforce this agreement against the property owner whenever
there is substantial non-compliance with the terms of the agreement.
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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.
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.
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.
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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.
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.
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.
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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.
It will grant the Secretary the right to disapprove the use of the sponsor's employees to do
all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does not constitute
or imply any assurance or commitment on the part of the Secretary to approve any pending or
future application for a Federal airport grant.
19. Operation and Maintenance.
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
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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:
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.
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:
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.
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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.
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.
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.
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.
The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the
airport if such action is necessary for the safe operation of the airport or necessary to serve the
civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed -based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale
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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.
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.
If the Secretary approves the sale of a privately owned airport to a public sponsor
and provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from the
sale. This is conditioned on repayment to the Secretary by the private owner of an amount
equal to the remaining unamortized portion (amortized over a 20-year period) of any airport
improvement grant made to the private owner for any purpose other than land acquisition on
or after October 1, 1996, plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant made to that airport on or after
October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production,
lease, or other means at a general aviation airport (as defined at 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.
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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:
all amounts paid by the airport to any other unit of government and the purposes
for which each such payment was made; and
2. all services and property provided by the airport to other units of government and
the amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance and
all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft
in common with other aircraft at all times without charge, except, if the use by Government aircraft is
substantial, charge may be made for a reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized
aircraft, or during any calendar month that:
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
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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.
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;
the location of all existing and proposed non -aviation areas and of all existing
improvements thereon; and
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 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:
eliminate such adverse effect in a manner approved by the Secretary; or
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.
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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
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
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 USelection 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."
Required Contract Provisions.
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.
It will include a list of the pertinent non-discrimination authorities in every contract
that is subject to the non-discrimination acts and regulations.
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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.
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.
It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other participants
of Federal financial assistance under such program will comply with all requirements imposed or
pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
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
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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
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.
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 (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for Alp projects
as of [Selection Criteria: Project Application Date].
Page 39 of 43
DocuSign Envelope ID: 2493B32C-35E9-41B5-8802-24B54D049197
35. Relocation and Real Property Acquisition.
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
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.
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:
Describes the requests;
Provides an explanation as to why the requests could not be accommodated; and
Page 40 of 43
DocuSign Envelope ID: 2493B32C-35E9-41B5-8802-24B54D049197
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
I have read and agree to follow the attached FAA Grant Assurances.
City of Fort Worth, Texas
(Sponsor)
baiarw 8Lif-4622�
By: Dana Burghdoff ( r 4, 202 0:49 CDT)
Title: Assistant City Manager
Date: Apr4, 2023
Page 41 of 43
DocuSign Envelope ID:2493B32C-35E9-41B5-8802-24B54D049197
Table 2-5 Duration and Applicability of Grant Assurances (Airport Sponsors)
Assurances that...
Include (by assurance # if applicable)...
d. Apply for the
#5
Preserving Rights and Powers
useful life of the
project (not to
#11
Pavement Preventive Maintenance (This applies to all of the airfield
exceed 20
pavement on the airport. not just the specific pavement in the grant.)
years from the
#19
Operations and Maintenance
grant
acceptance
#20
Hazard Removal and Mitigation
date) except in
#21
Compatible Land Use
the case of a
land acquisition
#22
Economic Nondiscrimination
grant, for which
#24
Fee and Rental Structure
the useful life is
indefinite and
#27
Use by Government Aircraft
the assurance
#28
Land for Federal Facilities
obligations do
not expire.
#29
Airport Layout Plan
#36
Access by Intercity Buses
#37
Disadvantaged Business Enterprises (See 49 CFR parts 23 and 26. since
certain program requirements may extend the obligation beyond the 20 year
period, while the DBE requirements for the project apply until the project is
closed.)
#38
Hangar Construction
#39
Competitive Access
e. Last for as long
#23
Exclusive Rights
as the airport is
#25
Airport Revenue
owned and
operated as an
#30
Civil Rights
airport
#31
Disposal of Land
Page 42 of 43
DocuSign Envelope ID: 2493B32C-35E9-41B5-8802-24B54D049197
Table 3-7 Minimum Useful Life
Project Type
Useful Life
a.
All construction projects (unless listed separately below)
20 years
b.
All equipment and vehicles (unless listed separately below)
10 years
c.
Pavement rehabilitation (not reconstruction, which is 20 years)
10 years
d.
Asphalt seal coat. slurry seal, and joint sealing
3 years
e.
Concrete joint replacement
7 years
f.
Airfield lighting and signage
10 years
g.
ARFF vehicles
15 years
h.
ARFF structural gear (firefighting suits). which has less heat insulation than
proximity gear (per the National Fire Protection Association 1971 Standard on
Protective Ensembles for Structural Firefighting and Proximity Firefighting)
7 years
1.
ARFF proximity gear (firefighting suits), which is also referred to as slicks.
bunker, or turn out gear (per the National Fire Protection Association 1971
Standard on Protective Ensembles for Structural Firefighting and Proximity
Firefighting)
5 years
j.
NAVAIDs and Weather Reporting Equipment
15 years
k.
Buildings
40 years
I.
Land
Unlimited
m.
Loading Bridges
20 years
n.
Fencing
20 years
Page 43 of 43
4.p440pn�0ft
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APPROVAL RECOMMENDED: ATTEST: otoo o�'=d�
,� *�
nezASa�a
Roger Venables Jannette Goodall
Aviation Director City Secretary
Contract Compliance Manager: Approved as to Form and Legality
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance Thomas Royce Hansen
and reporting requirements. Assistant City Attorney
�Iy7L 2l.
Tyler Dale (Mar 16, 2023 08:27 CDT)
Tyler Dale M&C: 21-0536
Project Coordinator Date: 8/3/2021
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
REFERENCE **M&C 21- 55FWS EAST SIDE
DATE: 8/3/2021 NO.: 0536 LOG NAME: HANGAR TAXILANE
PROJECT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 6) Authorize the Application for and Acceptance of, If Awarded, a Grant From the
Federal Aviation Administration, Passed Through the Texas Department of Transportation
in an Amount Up to $1,383,660.00 for Design, Engineering, Construction and Construction
Services for the Development of Taxilanes at Fort Worth Spinks Airport, Authorize the
Transfer Up to $153,740.00 for the City's Match Requirement, Adopt Attached Resolution
Authorizing the City Manager to Execute Grant Related Agreements with the State of
Texas, Represented by the Texas Department of Transportation, and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and acceptance of, if awarded, a grant from the Federal
Aviation Administration, passed through the Texas Department of Transportation, Aviation
Division, in an amount up to $1,383,660.00 for design, engineering, construction and
construction services for the development of taxilanes at Fort Worth Spinks Airport;
2. Authorize a transfer from the Municipal Airport Capital Projects Fund into the Muni Airport
Grants Federal Fund in an amount up to $153,740.00 for the City's 10 percent grant match;
3. Authorize the adoption of the attached resolution, as required by the Texas Department of
Transportation, authorizing the City Manager or his designee to execute all necessary
contracts associated with this project with the Texas Department of Transportation; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the Muni Airport Grants Federal Fund in an amount up to $1,537,400.00,
subject to receipt of grants, for the purpose of design, engineering, construction and
construction services for the development of taxilanes at Fort Worth Spinks Airport.
DISCUSSION:
The Texas Department of Transportation Aviation Division (TxDOT) has advised the Aviation
Department that funding is available for design, engineering, construction and construction services
for the development of taxilanes (Project) at Fort Worth Spinks Airport (Airport).
This Project will consist of designing and constructing three taxilanes that will connect to Taxiway Mike
(see attached map) on the northeast side of the Airport. These taxilanes will be funded by a 90/10 cost
split with TxDOT, with design occurring in 2021 and construction expected to occur in 2023.
This Project will allow for the future development of hangars and other infrastructure to help alleviate
the issue of limited hangar space at the Airport. With the addition of these three taxilanes, a mixture of
both t-hangars and box hangars can be designed and constructed, and will be done so concurrently
with this Project. The hangars will be funded by the Aviation Department and broken up into multiple
phases to match available funding. Separate Mayor and Council Communications (M&C) will be
drafted for the design and construction of the hangars.
Upon approval of this M&C, all appropriations and funding will be summarized in the table below:
Fund Amount
Muni Airport Capital Project Fund (City's
Match Requirement for Design) $ 15,000.00
Ituni Airport Capital Project Fund (Ciy's
atch Requirement for Construction) F$l8,740.00
I1xDOT Grant Funds (Design & Construction) F1,383,660.00
Project Total $1,537,400.00
ADVISORY BOARD APPROVAL - On March 11, 2021, the Aviation Department's Five -Year Capital
Improvement Plan (CIP) was presented to the Aviation Advisory Board. The design and construction
of these taxilanes were part of this approved plan.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, in the Municipal Airport Capital Proj Fund. The Aviation Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior
to expenditures being incurred, the Aviation Department has the responsibility to validate the
availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program ' Activity Budget
ID ID Year
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Tyler Dale (5416)
ATTACHMENTS
55FWS East Hangar Taxilane M&C Map.pdf
55FWS EAST SIDE HANGAR TAXILANE 55003.docx
TxDOT Resolution - East Side Hangar Taxilane Project.pdf
Reference # I Amount
(Chartfield 2)
FORTWORTH
Routing and Transmittal Slip
Aviation
Department
DOCUMENT TITLE: FWS East Side Hangar Taxilane Construction
M&C 21-0536
CPN CSO #
DOC#
DATE: 3/16/2023
INITIALS
DATE OUT
TO:
1. Joe Hammond
no`t
0
M a r 16, 2023
2. Roger Venables
RV
Apr3,2023
3. Royce Hansen
TRH
Apr 3, 2023
4. Dana Bur hdoff
t)a
DB
Apr4,2023
5. SZW1C'. 70�
May 8, 2023
6.
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes ❑X No
RUSH: ❑ Yes ❑x No SAME DAY: ❑ Yes ❑ No
ROUTING TO CSO: Xyes IN No
Action Required:
❑ As Requested
❑ For Your Information
1 Signature/Routing and or Recording
❑ Comment
❑ File
NEXT DAY: ❑ Yes ❑ No
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.