HomeMy WebLinkAboutContract 28255� • t ,
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TEXAS DEPARTMENT OT TRANSPORTATION
ATRPORT PROJECT PARTrCIPATION AGRE��� �� � � ��j
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(Federa�Iy Assis�ed Airpvrt Development Grant)
' _' . : `� � a � � � � � �� : :; "� � r�� TxDOT CSJ No.:0302SPTNK
TxDOT Project No.:AP FW SP]TiKS 4
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Part �- Identification of the Proj�et ___ .. _
T0: Ti�e Cit� of Fort Worth, Texas
FROM: The State of Texas, acting through the Texas Department of Trans�ortation
T�is Agreement is made and entered in�o by and between the Texas Depaxtment af
Transportation, (hereinafter referred to as the "StaYe"), for and on behali a� ehe State of Taxas,
and the City of Fort Worth, Texas, {hereinaiter referred to as the "Spansor"}.
The Sponsor desires to span.sor a project for the development of a public aviatian facility,
kno�wvn 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1982, as repealed and recodified in Title 49 United States Cade, Section 47I01 et seq.,
(her_einafter .referred to as "Title 49 U.S.C."), and Rules, Regulations and Pracedures
pramu�ga�ed pursuant; and under V.T.C.A. Transportation Code, Tit1e 3, Cliapters 21-22, et seq.
{Vernon and Vernon Supp}.
The project is described as follows: designlengineering services to expand apron; install
m�dium intensity taxiway light for Taxiway "B"; overlay and mark Runvvay 17-35; overlay
Taxiway "B"; overlay cross taxit�vays "D", "E", "F", "G", "H", and partion af "A" at the Fort
Worth Spinks Aixport.
The 5ponsor applies for federal financial assistance and desires the State to act as the
5ponsor's agent in matters connected with the project described abo�e.
The paz'kies, by ihis Agreernent, do fix their respective responsibilities, with reference to
each ather, with reference to the accomplish�n�nt of the projec� and with reference to the Uriited
5tates.
Pursuant to and far the purpose of caz�rying out the provisions of Ti�e �}9 LT.S.C., and in
cansideration o� (a) the Sponsor's adoption and ratificatinn of the representations and assurances
contained 'rn the Aiiport Project Participation Agreemen.t ar►d its acceptance of this �ffer as
provided, and (b) the benefits to accrue to the United States and the public from the
acca�xaplishm.ent of the project and cozxi.pliance with the assurances and conditians provided,
THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF 4F
THE UNITED STATES, FEDERAL AVIATYON ADNIIN�ST,d��'�?�--�T��.����a.FTER
REFERRED TO AS THE "FAA"}, OFFERS AND AGREE� 1(r..N,��, �� �, ��tGe„��c� StateS
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share of the allowable costs incurred ir► accorr�plishing the proj�ct, ninety percentum of a11
allowable project costs. This grant is made on and subject to the following terms and conditions:
Part I� - Offer of Financiaf Assistance
1. Ti�e allowable costs of the pz'oject shall not include any costs determined by the State to
be inelzgible for consideXaYiOn as to allowability under Tikle 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon anci Vernon Supp), and the
Aiiport Zoning Act, Tex, Loc. Go��. Cade Ann, §� 241.OQ1 et seq. (�ernon and Vernon
SuPP)-
2. It is estimated that designlengineering project costs wil! be approximately $241,000.00
(Arnount A). It is iurther estimated that approximately $241,OOOAO (Amount B) of the
project costs will be eligible for federal fina.r3cial assistance, and that fe�eral fzaancial
assistance will be for ninety percer�t (90%) af t�ie eligible pz'oject costs. Final
det�rmination af federal eligibilrty af total project costs will be determined by the Stata in
accordance wxth federal guidelines following completion of project.
The estimated project cost for the construction phasa of this praject is $2,670,0OO.OQ
(Amount C). The canstnYction phase will be starte�d upon completion of design,
dependent upon availability of federal �unds, and approval of the Texas Transportation
Commission. A separate grant will he issu�d for the construction phase.
rti the evez►t that federal funds are unavailable, this Agreemen.t shall automatically be
voided and become of � no force and effeet, except that unexpended or unencunabered
rnone�rs actually depos�ted by the Sponsor and held with the State for praject purposes
shall be r��urned to the Sponsor.
3. The maximum obligatian of the United States payable under this offer s�all be
$216,900.Od (Amount D).
Thxs grant should not be construed as b�ock grant funds for the Sponsor, but as a grant for
funding of the scop� items as listed vn page one a� this agreement. It is the intent of the
State to provide fundin� to camplete the appro�ued work iCems of this grant and not to
amend the sc4pe of work to include items autside 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 withiri the spirit of the approved scope, subject to the
availability of state, �ederal, and/ar local funds.
4. Tt is estizx�.ated that the Sgansor's share of the tata.I project costs will be $24,IOOA�
(Amount E). The Sponsor specifically agrees that it shall pay any project costs, which
exceed the �um of the federal share (Amounk D). �
�t is f�arth�r agreed that the Sponsor will reimbuxse the Stat� for any payment or payments
rnade by tl�e State in behaif of the Sponsoz' which are in excess of the federal �ercentage
of financial participation as stated in Part II-2. The State shall refund to the Sponsar, at
the financial closure of the project, any excess funds provided by the Sponsor.
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5. During design, if the estimated eligible construction praject costs exceed Anaount C,
abave, the Sponsar may request the State to void this Agreernent. The S�ate shall agree to
void ihis Agreernent upon the satisfaction of the �allowing conditions:
a. the Sponsor's request to the State to �void the Agreement shall be in writing and
dated; and
b. if required by the State, the �ponsor shall reimburse the Staie for funds expended
on this praject and Spansor shall assume the responsibility for any future expenses
for cantracted services oz' materials related to the project for whici� a contract had
been executed prioz' to the Sponsar's request to void the Agreement. Sporas�r
fiinds held by the State may be reiained until this r�quirement is satisfied; and
c. failure an the part of t�e Sponsor to camply with the conditions of this paragraph
shal� canstitute a breach of this,Agreement.
6. Upon satisfactian of the conditions speeified in Part II-S abave, the Stat� shall declare this
Agreement null and void, and this Agreement shall have no force and effect, e�cspt that
unexpended or unencumbered mnneys actually depasited by the Spansor and held wrth
the State for praject purposes shall be returned ta the Sponsor wii�in a reasonable iime.
7. Ii there is an overrun in tk�e eligib�e praject costs, the State may increase tk�e grant to
cover the amount o� overrun not to exceed ihe statutory twen�y-t'ive (25%} percen�
lizmitation, and will advise ihe Spo�sor by amendment of the increase, Upon receipt of
the aforementioned amendment, the maximum obligation of the United Stafes is adjusted
tc� the amount specifi�d and the Sponsor will remit their share of the increased g�'ant
amaunt.
Partieipation in additional federally eligible costs tnay require approval by the Texas
Transportaiion Cammission. The State will nat authorize expenditures in excess of the
dallar amounts ident�fied in this Agreement and any arnendments, wiihout the consent of
the Sponsor.
Payment a� the United States share of the allowable px'o�ect eosts will be made in
accordance with the pro�isions of suc�. regulations and procedures as the State and the
FAA, shall.prescribe. Final determination of the United States share will be based upon
ihe final audit of the tot�1 amount of allowable project c�sts and settlement will be made
for any upward or downward adjusttnents to the Federal share of cnsts.
S. Sponsor's sha.re of praject costs (Arr�aunt E) shall be paid initially in cash when requested
by the State. At project closeoui, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share.
9. Sponsor, by executing this A,greernent certifi�;s, and upon request, shall fitrnish prooi to
the State that it has su�ficient funds to meet its share o� the costs, '��� �,oz�s�.r-;���� t�i
the State and federal go�vernment the right, upan advance ���i�t�r� �et�t��:t �M. �n�
reasonable and regulax business hours, to audit any books and re..oAr�� �r ,�r�� =�;j��r t�
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verify said iunds. In addition, the Sponsor shall disclose the saurce of al1 funds for the
project and its abiIity to finance and operate the project.
Follawzng ti�e executio� af this Agreement and upon written demand by tk►e State, the
Sponsox's finaneial abligation (Amount E) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsar
fail to pay the abli�ation, either in whole or in part, within 30 days of written demar�d, �he
State may exercise its rights under Part V-7. Likewise, sk�auld the State be unwilling or
unable to pay its abligation in a timely manner, the iailure to pay shall be considered a
brea�h and the Spansar may exercise az�y rights and retnedies it has at law oz equity.
Expenditures foz' eligible project cnsts for the above project made by the State or the
Sponsor prior ta the award of a federal grant for the project, and prior to actua] receipt of
the authority to expend federal grant funds, shall be made from Sponsar funds.
10. The State shall make a11 reasonable att�rripts to acquir� federal f�nding for the_completion
a�d construction of this project within two years of completion of design services. The
Sponsor ag;rees to complete and construcC this project wzthin two years of completion of
desig� services, subject to khe availabilit� of federal funds.
PART YII � S�fO11SOx RPS�30C15I����ES
1. In aceepting the Agreement, khe Sponsor guatantees t1�at:
a, ik will comply with the Attachmeni A, Certification of Airport Fun,d, attached and
made a part of tlai� Agreement; and
b, it will comply with the Attachment B, Airport Assurances (9199}(State Modified
9199), attached and made a part of this Agreement; and
c, it will, in �lie operation of the facility, con�ply with alI ap�licable state and federal
laws, rules, regulations, procedures, covenants and assurances raquired by the
State oi Texas or the FAA in connection with the federal grant; and
d. . the .Airport or navigational facility which is the subj�ct of this Agreement sha11 be
cantrolled for a period of at least 20 years, and irripr�vements made or acquired
under this �3iQ]ECt shall be op�rated, repaired and maiz�tained in a safe and
serviceable manner for the useful life of said impro�ements, not to exeeed 2a
years; and
e. consistent with safety and security rec�uirements, it sl�all make the aitport or air
navigat�onal facility a.vailable to all �ypes, kinds a�d classes of aeronautical use
withoui unjust discrimination between such types, kinds and classes and shal�
provide adeq�at�; public access during the term of this ����en.t;���
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f. ii shall not grant or permit anyQne ta exercise an excl�asi��e r..�;��t�fUr,ti�e� �4�a�duct of
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� aeronautical activity on or abouC an aiz-part landing area. Aeronautical activities
include, but are not lirnited to scheduled aiXline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviatian petroleum products
and aerial applications. The landing area consisfis of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
g. it shal� not permit non-aeranautical use of airport facilrties, unlass noted on an
appraved Airport Layout Plan, without przor approval af the StateIFAA; and
h. it shall not enter into any agreemen� nor pertnit any aircraft to gain direct ground
access to the �ponsar's airport from private property adjacent to or in the
immediate area oi �he airport. F�rther, Sponsor shall not allow aircraft direct
g�aund aceess �o privatE property. Sponsor shall be subject to this prohibitian,
eommonly knnwn as a"through-the-fence operation," unless at� exception is
granted in writing by the State due to extreme circumstances; and
i. it will acquire all property interests identified as needed for the purposes of this
project and compiy vwith all applicable state and federal laws, rules, regulations,
proceduz'es, co�enants ar�d assurances required by the State af Texas or the FAA
in connec�ion with the federal grant in th� acq�isition of such properry interests;
and that airport property identified witlain the scope of this praject and Attorney's
Certificate af Airport Property Interests shall be pledged to airport use and sha11
nat be removed from such use without prior written approval oi the State; and
j, the Sponsor shall submit ta the State aza�nual staternents of airport revenues -and
expenses as requested; and
k. a11 fees collected for the use of an airport or navigational facility constructed with
funds provided under the pragram shall be reasonable and nondiscrirriinatory.
The p�oceeds of such fees shall �� used solely for the developrnent, operation and
rnaintenance of the Sponsor's system of ai:rport{s) or navigational facility(ites).
Spansor shall not be required ta pledge income received from th� mineral estate to
airport use unless state andlar federal fun.ds were used io acquire the mineral
estate of axrport lands or any interests therein; and
l. an. Airport Fund shall be establ�shed by resolution, arder or az'dinance in the
treasury of th.e 5pansor, or evidence of the prior creation of an existing azrport
fi�nd or a properly executed capy of the resolution, order, or ordinance creating �
such a fund shall be submitted to the State. Such ft�d 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 discemible fram other
types of moneys identified in the fund as a whole. All fees, charges, rents, and
rnoney from any sauz'ce derived from airport operatians must be deposited in said
Airport Fund and shall not be divert�d to the general revenue fund or any other
revenue fiYnd of the Sponsor. Al� expenditures from the Airpart Fund shall be
solely for a.irport or airport system purposes. Sponsor �h�xl �e �in��i�:�: ii. a
subsequenC grant or loan by the State unless, prior ta suc�� ����,',c����it .��,�� ��� �� �f
a grant or loan, Sponsar has complied with the requireme�ts; �� �ii���u�para�;+��ap�;
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m. ihe Sponsor shall operate �runr�vay lighting at least at low intensity from sunset to
sunrise; and
n, insofar as it is reasonahle and within its power, Spansar shall aciopt and �nfarce
zoning re�;uiations to restrict the t�eight of structures and use of land adjacent to or
in the immediate �icinity af the airport to heighks and activities cotnpatible with
normal airport operations as provided in Tex. Lac. Govt. Code Ann. §§ 241.001 et
seq. (Vernon and Ver�►on Supp.). Sponsor shall also aequire and retain aviatiot�
easements or other praperty interests in ar z'ights 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. Sponsar shall lae
ine�igible for a stibsequent grant az' loan by the State unless Sponsor has, prior to
such subsequeni appro�al of a grant or loan, adapted and passed an ai�port hazard
zoz�ing ordinance or order approved by the State; and
a. it will provide upon request of Che State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reparts of the project site, applzcable to
� or afFecting the above project; and
p. after reasanable natice, it will permit the �tate, the FAA, and any consu�tants and
car�t�'actors associated with this �roject, access to the praject site, and will obtain
perrnission for the State, the FAA, and consultants and contractors associated with
this project, to enXer private property for purposes necessary ta t�is pro�ect; and
q, all develo�ment af an airport constructed with program funds shall be consistent
with t�e Airpart Layout Plan appraved by the S�ate and ma'tniained by the
Sponsor. A reproducibl� copy of such plan, and aIl subsequent modifications,
shall be filed with the State for approval; and
r. it shall take all steps, including litiga�ion if necessary, to recover funds spent
fraudulently, wastefiilly, or in vifllation of Federal an�itrus�. staiutes, ar misitsed in
any other manner in any pro�ect u�on which Federal and State funds have been
expended. For the purposes of this grant agreement, the term "funds" means
funds, hawevcr used or disbursed by the Sponsor or Agent that were originally
. paid pursuani to this or any other grant agxeem�nt. It shall obtain the approval of
fk�e State as to any, determinat�on of �he amount of sueh iunds. It shall return the
recovered share, including fiinds recovered by settlement, order or judgment, to
th� State. It shall furnish to the State, upan request, alI documents and records
pertaining to the determination of tlte amount of the fiinds or to any settlement,
litigation, negotiation, ar ot�er efforts taken to recover such funds. A13
settlements or other final positions of the Sponsor, in court ar atherwise,
involving the recovery of such funds shall be approved in advance by the State.
2. The Sponsor certifies ta the State that it wi11 l�ave acquired clear title in fee simple to all
property upon which construction work is to be performed, or have acquired a Ieasehol.d
on such praperty for a term of not less than 20 years, prior tc, �13� �Ci�Le�icPm¢nt fpr bid5
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' for such construction or procurernent of facilities that are part �f the above project, and
within the time frame oi the project, a sufficient interest (easement or otherwise) in any
other property which may b� affected by the praject.
3. The Sponsar, to the extent of its Iegal authoriry to do so, shall sa�e harrnless the State, the
State's agents, employees or contractors from all claims and liabilzty due to activities of
the Sponsor, the Sponsaz•'s agents ar employees perfarmed under this agreement. The
• S�onsor, to the extent of its legal authority to do so, shall also sa�e harmless ihe State, the
State's agents, employees or contrac�ors from any and all expenses, incluciing attorney
�ees which might be incurred by the State in lztig�tion or otherwise resisting the clazzn or
liabilities which might be impased an the State as the result of such activities by the
__ 5ponsor, the Sponsaz''s agents ar employees.
4. The Sponsar's acceptance of this Off�r and ratifiea�ion and adaptian oi ihe Agreement
incorparated shall be evidenced by execution of this instrurnent by the Sponsor, and the
Agreement sha11 camprise a contract, �onstituting the obligat�ons and rights af the State
of Texas and the Sponsor with respect to the accomplishment of the project and fhe
aperation and maintenance of the airport. Such Agreement shall become effective upon
execution of this instrument and shall zemain in fitll force and effeet for a periad of at
�east 20 year�.
5. Spo�asor agrees to pro�ide a suitable location for pre-bid and far pre-construction
conferer�ces, and for the submission an.d opening af construction bids.
6. The Sponsor and not �he State shall, for all purposes, be tk�e "Sponso�'" of the project
identified above as defined in Title 49 U.S.C. Sponsar agrees to assume responsibility
far operation af the facility in compliance witla all applicable state and federal
requir�ments including any statutes, tules, regulations, assuran�es, procedures or any
athar directives before, during and after the completion of this project.
7. The Sponsor shall ha�e on file with the State a curz'ent and appraved Attarney's
Certificate of Airport Property Tnterests and Exhibit A prap�rty map. .
8. The Sponsor shall have on file wzth the State, Attachment C, Certification Regarding
Drug-Free Workplace Requirements, attached �.nd made part of this agreement.
9. Unless otherwise approved by the State, the Sponsflr will not acquiz'e or pearnut any�
cont�ractor_ or subcontractar to acquire any � steel or m.anufactured products . produced
outside the United Stat�s to be used for any praject for airport developm�nt or noise
compatibility for vwhich funds are pz'ovided under this grant. The sponsor will include in
every contract a provision implementing tt�is special condition.
10. SPECIAL CONDITYON: Except for ins�rument landing systems acquired wiCh AIP
funds and Iater danated to and accepted lay the FAA, the Sponsor must provid� for the
eantinuous operation and maintenance of any na�igational aid funded under the AIP
during the useful life of the equi�nr�ent. The sgortsor zz�usk check t�� f�ci�i�ra it��i���n�
instrument landing systems, prior to commissioning to ensure it �n��r� �h� �°��-�e�'�r�����i
skandazds. The Sponsor must also remove, relocate, or lower ea�:h ,������.�iis�a,r;�,i� „a�e
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approaeh or provide for the adequate lighting or marking of thc obstr�etion if any
aeronautical study conducted undez FAR Part 77 determines that to i�e acceptabl�; and
mark and light th.e �unway, as appz'opriate. The Federal Aviation Administration will not
take over the ownership, operation, or maintenanc� of any sponsor-acquired equipment,
except foz instrument landing systems.
I I. SPECIAL CONDITT�N: For a project to replace or reconstruct pavement at the
airport, the Sponsor shaIl iz�rzplement an effecti�e airport pavement rriaintenance
manage�n.ent pragram as is required by Airport S�ansor Assurance Number 11. The
sponsor shall use such program for the useful lif� of any pavem�nt const�xcted,
reconstructed, or repaired with Federa� financial assistance at the airport. As a minimum,
the program must conform to the pravisians in Attachment D"Pavement Maintenance
Management Program", attached and made part of this agreement.
Parf IVn Nnm�[nation of the Agent
1. The Sponsor designates the Siate as the paz'ty ta apply for, recei�e and disburse all funds
used, or to be used, in payment of the costs of the project, ox in reimbursement ta either of
the parties foz casts incurred.
2. The State agrees to assume the responsibility ta assure that all aspects of the grant are
done in campliance with all applicable state and federal requirements including any
statutes, xules, regulations, assurances, pracedures or any other directives, except as
otherwise specifically prov'sded. � �
3. The State sha11, for all purposes in connection with the groject identified above, be the
Agent of the Sponsar. The Sponsor grants �he State a power of attorney to act as its agent.
to perForm the following services:
Receiving Disbursing Agent:
a. apply for, accept, recei�ve, and d�posit with the State T�'easury any and all project
funds granted, allovc+ed, and paid or made availahle by the State andlor the United
States under Title 49 U.S.C. and congressianal apprapriation;
b. receive, review, approve and process Sponsor's reimbursement requests for
approv�d project cost�; and � ,
c. pay to the Spansor, frQm granted funds, the portian of any approved reasonable
and eligible proj�ct costs incurred by the Sponsor that are in excess of the
Sponsor's share.
Paying Agent: �
d. receive, review, apprave and pay invoices and payment requests for services and
materials supplied in accoz'danee witta State executed contracts;
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Contrac�ing Agent:
e. advertise for professional engine�ring and/or planning servsc�s for, but not limited
to, the preparation of planning studies, plans and specifications for the abo�e
project and for the management of the construction of the above project; certify
consultant selection procedures; provide notzficat�on o� contract award for
prafessior�al services; and negotiate professional s�r�ices fees; and execute, on
behalf of the 5ponsor, a professional services agreement as related to this project;
f. administer Disadvantage Business Enie�xises (DBE) andlor Historically
Undex-utilized Busiz�ess (HUB) Progran� in accordance witk� �ederal and state
regulations.
Contr�ct Management A�ent:
g. exercise such supervisian and direction of the project work as the State reasonably
finds appropriate. Where there is an inreconcilabie conflict or difference of
opinion, judgment, order or direction betvveen the State and the Sgonsor, any
engineer, cantractar, or materialman, the Stat� shall issue a written ordez-, w�ich
shall preva.il and be cantrolling;
li. coordinate and review project plans, specifications and construcCion; coardinate
and conduct progress and final inspections.
Canstruction Phase:
i, aut�aorize the advertisement, receipt and opening of bids for constru�tian Qf tlae
� above pxoject; and award contracts for construction of the above proj�ct and
acquisitian of materials reiated to it; and execute, on behalf of tl�e Sp�nsor,
construction contracts as related to this project;
j. paxticipat� in pr�-bid and pr�-construction conferences; and issue ord�rs as it
deems appropriate regarding constructian progress, ineluding but not limited ia
Notices to Proceed, Stop Work Orders, and Change �rders;
k. review, ap�rove and main�ain record drawings.
PART V - Recitials
1. The State and the Sponsor sha11 obtain an audit as required by faderal or state regulatians.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
pro�essional ser�ice contracts entered into far the aecomplishment af this project. The
power af attorn�y, as gxanted by the Sponsox to the State in ParC N- Namination of
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement.
3. Tha Sponsor agrees to pursue and enforce cont�ract iterns, wk.,r�� �u�:.requ�i��.�..�4r �e�.eral
andlor state regulations, lavvs and orders to insure satisfacto�y ��r���rni�n�� .iY ��n�ract
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' vendors. Such items include, but are not limited to, bid bonds, paymenk bonds, and
performance bonds. Pursuit and enforcement af cantract items may require litigation and
other remedies o� law.
4. The UniCed States and the State of Texas shall not be respon.sible oz' liable %r damage to
property or injury to p�rsons which may arise from, ar be incidentai io, compiiance with
this grant agreement.
5. This Agre�ment is executed for the sole bene�it af the contracting parties and is not
ir�tended or executed for the direct or incidental benefit of any third party. Furthermore,
the 5tate shall not be a party to any ather cantract or comrrutment, which the Sponsor
may enter into or assume, or have entered into or l�ave assumed, in regard to the above _—
proj ect.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsoz, suspend the grant in whole or in part. The notice af suspension
shall contain the %llowing:
a, The reasons for the suspension and th.e corr�cti�e action necessary to Iift the
suspension;
b. A date by which the coz7rective action must be taken;
c. _ Noiificatian that consideration will be given to terminating the grant after the
cozrective actian 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 wi�hin 4S
days after reeeipt of the notice o� suspension or termination.
7. This Agreement is subject to th� applieable provisions of Title 49 U.S.C., th� V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq,, (Vernon a,nd Vernon St�pp.}, and
the Airport Zoning Act, Tex. Loc. Go�t. Code Ann. §§ 241.001 et seq. (Vernon and
Vernon Supp.). Failure to eom�ly with the tertns of this Agreement or with the rules and
statut�s shall be considered a breach af this contract and will allow the State io pursue �he
rernedies for breach as stated below.
a. Of primary importance to the State. is compliance with the terms and conditions of
this A�reement. Ii, however, after all reasonable attempts ko require compliance
have failed, the State finds that Sponsor is unwilling and/ar unable to comply with
any of the terms and conditions of th�s Agreement, the State may pursue any of
the following re�nedies: (1} require a refund of any money expended pursuani to
the Agreement, (2) deny Sponsox's future requests for aid, (3) request .the
Attorney Gen.eral to bring suit seeking reimbursement of any money expended on
tk�e project pursuant to the Agreement, provided however, these remedies shall not
limit the State's authority to enforee its rules, regulations or orders as otherwise
provided by law, {4) declare this Agreement nu�l and void, or (5) any oCher
remedy available at law vr in equity.
Page 10 of 26
r
b. Venue for resolut�on by a court of competent �urisdictron af any d�spute arising
under the terms of this Agreement, or for enforcement of a.ny of the provisions of
this Ag�'eement, is specifically set by Agreernent of the �arties in Travis Cour�ty,
Texas.
8. Tlae Stat� resezves the right to amend or withdraw this Agreement at any time prior to
acceptance by tk�e Sponsor. The acceptance period cannot be greater than 3Q days after
issuance unless exiended by the State, which extension shalI not be unreasonably denied
or delayed.
9. This Agreernent constitutes the full and total understanding o� the parties concerning theix
rights and responsibilities in regard to this proJect and shall not be rnodified, amended,
rescinded ar revoked unless such modification, arr�endment, rescission oz' revocation is
agreed to by both parties in writing and executed by both parties.
10. All commi�nents by the Sponsor and the State are subject to constitutional and statutory
linnitations and restrictions binding upon the Sponsar and the Skate (including §§ 5 and 7
of Ar�icle l l af the Texas Constitutinn, if applicable) and to the availability of funds
i�hich Iawfully may be appli�d.
I 1. The Sporisor's acceptance of this Agreement and ratification and adoption af the Airport
Project Participatiar� Agreement shall be evidenced by execution of this instrurnent by the
Sponsor. This Offer and Acceptance shall cornprise a Grant Agreement, as provided by
the Titl� 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 accomp�ishment of the
Project and eompliance with the assurances and conditions as �rovided.
;
- :, �
� .0 �
Page 11 of 2G � , "
�
,
�. '
Pari VT - Acceptance af the Sponsor
The City of Fort Worth, T�xas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorparated
materiais referred to in the Agreement, and does accept the Offer, and agrees to all of the terrns
and conditions of the Agreement.
. - - E � .
Execu�ed tYiis �'� �c-�.• � day of ,L�. ��� r�+ . 20�.�.
The '� af �q t Warth. Texas
, S nso �
� r
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0
Witness Signature Signature
/� � Assis�an� Ca.ty Manag�r
l _L.[ �Q . �1t� �c.t,c.� �`�1�e��� •
Witness Title Title
Cextificate of Sponsor's A�torney
- - I, _r� ��"• ' � -_ �_ • , acting as attorney for �i¢v u� -f br � - . ,�r,
Texas, do certify that I hav�fiilly examined the Agreernent and the pXaceedings taken by the
Sponsor, and find that the manner of acce�tance and execution, of the Agreement by the Sponsor,
is in accordance with Che laws af the State of Texas.
Dated at ;'�,.: ; f.',;: : ��� , Texas, �his .� 7� day of ���` r,i'�'1l�� , 2� ' � - -
� ,
f`/fJCx/ -- � v l �l�i G�h� � [s +4 (y , rl___VI.,A�"}rlA `-r �/,��J
WitnessSignaCuz'� Attarne�Signah�re ,'1�—i�G.
�
(� � �lu� . �� L �"e �-��
Wstness Title U
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Page 12 of 26
Part VII d Acc�ptance af the State
Executed by and approved for the Texas Transportation Commission for �he �urpose and effect
of activating andlor carrying out the orders, established policies or vvork programs and grants
heretofore appro�ed and authorized by the Texas Transportation Commission. �
STATE OF TEXA�
TEXAS DEP,ARTMENT OF TRANSPORTATION
, � �
B : �.J< �' �
Y
David S. Fulion, Direcfor
Aviatior� �ivfsir�r�
%xa� Qeparfinent a# Transpor��fiort
Date: / a- �/ ? �� �—
Page 13 of 26
,
aTTACHMENr a
CERTIFICATIOIV OF AIRPO�T FUND
The Spansor does certify that an Airport Fund has been established for the Sponsor, and that all
fees, charges, rents, and money fram any source derived from airport operations wXll be depositied
for th� ber�efit of the Airport Fund and will not be div�rted far other general reventxe fund
expenditures az' any other special fund of the Spansvr and that all e�penditures from the Fund
v�+ill be solely� for airport purposes. Such fitnd may be an account as paxt of another fund, but must
be accounted for in such a manne� that a�l revenu�s, exp�nses, retained earnings, and balances in
th.e account are discernii�Ie fzom other types af moneys identified in th� fund as a whole.
The Citv af Fort Worth. Texas
(Sponsar)
By: �'�'
Title: Ass�stan� City Manager
]D�ti�: 12 - 5 - 0 2
Page 14 of 26
ATTACI-IMENT B PART V ASSUKANCE3
Airport Sponsors
A. Gcnerai.
These assurances sh�ll 6e compl�ed with in the performance nf grant agreements for airport deveEopment, turport pianning,
and noise compalibility program grants For airport sponsors.
These assurances are required ta 6e submitted as purt of the project Airpprt Pro�ect Particip�tinn Agreement (hereinaRer
referred to As "APPA") by sponsors reqursting funds under the provisions of Title 49, U.S.E., subiitle VII, as atnended. As
used hereirt, the term "public agency spansor" met�ns a pu6lic agency with controf of a puUlic-use airpart; the tetm "pri�Ate
sponsor" means a private owner of a publio-use �tirport; and the temx "sponsor" includes bpth public agency spansors And
privata sponsors.
L7pon ucceptance of the grant offer by the sponsar, �these Assurances are incorporated in and beeome pnrt of the grant
agreement.
B. Duration and A.pplicaUi[iEy.
Airport development or 1�'aise Compatihility Program Projects LTndertaken 6y a Public Agency Sponsoa The terms,
conditions and assnrances of thc grant agreement shnll remain in iull force s►nd efFect throughout Eha useful life of the
facilities developed or equipment acquired for tm a�rport development nr noisc eompatibility progrnm project, or duoughout
the usefuI life of the prqject items installed within a facility under a noise compatibility program groject, but in any event nnt
to exceacf twenry (20) years from the date of acceptance of a gran[ vffar vf Federal funds for the projeck However, there shall
be no limit nn the duratipn af the assurances regarding Lxclusive Rights and Airpor[ Revenue sp long as tfie airpart is used tis
an airport. 'i'here sf�ail he no lunit on the duratian oi the terrns, conditions, and assurances with respect to real pmperty
acquired with federal funds. Purthermore, Ehe duration of the Civi1 Rights assurance shall be specified in the assurances.
Airport bevelnPment or I�Ioise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1
also applies to a private sponsor except that the usefi�l Hfe of project items installed within a facilify or the useful fife of the
facilides develaped or equipment aequued under an airport development or noise compatihiliry prograra project sh4►ll 6e no
Iess tl�an ten (14) years fi-om the date of accept�u►ce nf Federa] aid for the project.
Airpnrt Planning Undertaken by a Sponsor. Unless ptherwise speciEied in the grant ageement, only Assurances I, 2, 3,
5, 6, 13, 1$, 3q, 32, 33, tuid 34 in section C apply ta planning projects. The terms, conditions, and ussursu►ces of the grant
agreement sl�all remain in full force and effect during the Gfe of the project.
C. Sponsor Certitication, The sponsor hereby assures an[� certifies, wirh respecE to this g€ant that:
General Federai �Lequirements. [t will comply with al[ appl'tcable Federnl Iaws, regulations, executive orders, policies,
guidelines, and requirements as they ralate ta the project, accepT�nce und use of I�ederal f�nds for this �rroject incIuding but
not limited to the following: .
Tedcral LegisIafion
�. Title 49, U.S.C., su6title VII, as �nendad.
b. Duvis-Bacon Ack - 4� U.S.C. 276{a), et sea.'
c. Federal Fuir Labar SGwdttrds Act - 29 U.S.C, 201, et seq.
d. Hatch A,ct - S U.S.C. 1501, et seq?
e. Cl�iform Relocatian Assistance and ReAI Property Acquisition PoEicies Act vf 1970 Titla 42 U.S.C. 4601 e. t sea.
z
f. National Historic L'reservu�inn Act vf 1366 - Saction 1D6 - 16 U.S.G. 470(f�,'
g. Archeologicol and Historic PreservaEion Act of 1974 - 16 U.S.C. 46'9 through 4G9c.`
h. Native Americans Grave �teputriAtion Act - 23 U.S.C. 5ecflon 3D01, ef sea.
i, Clean Air Act, P.L. 90-148, As �mended.
j. Const�f 7ane Man�gement Act, P.L. 93-205, t►s �nended.
k. Flood Disaster ProtecUon Act of 1973 - Seclion 102(a) - 42 U.S.C. 4p12u.`
l. Title 49 ,U.S.C., Sectian 3D3, (formerly la�own as Section a{f�)
m. Rehabilitadon Act of 1973 - 29 U.S.C. 794.
n. Civil Ri$hts Acc of 1964 - Title VI - 42 U.S.C. 20flOd through d-4.
o. Age biscriminatinn Act of 1975 - 42 U.S.C, 6102, et SCU.
p. Ameriean�Indian Religious Freedom Act, P.L. 95-341, as ainended.
q. Architecmral Bsirriers Act of 1968 -�}2 U.S.C. 4151, e se .�
r, Power plant nnd industrial l�uel Usa Act of i 978 - 5ection 403- 2 U.S.C. 8373.'
s. Cantract Work Hours and St►fety 5tandards Act - 4U U.S.C. 327, et sea.�
t. Copeland Antikickback Act - 18 U.S.C. 874. �
u. [�[auonal �nvironment�l Policy Act af 1969 - 42 U.S.C. 4321 e• t sea.�
v. Wi1d and Seenic Rivers Act, F.L. 90-542, as amended,
w. Single Audit Act of 1984 - 31 il.S.C. 7501, et sea•�
x. Dnig-Free Warkplace Act of 1988 - 41 U,S.C. 7Q2 thcaugh 706.
Executivc Ordetrs
Executive Order 11246 - Equril Employment Opportunity'
Executive Order 11994 - Protactivn of Wetlflnds
Executive Qrder 11998 — Fload P1ain MAnagement
Executive Drder 12372 - Intergovernmental Review of Federal Progrfuns.
Executive Order 12649 - 5eismic Safety of Federal and FederaRy Rssisted New Building Consuuction �
Page 15 of 26
Executive Qrder E2898 - Environmental ]ustice
I'ederal Regulations
a. 14 C�'It ParE 13 - Investigative and Enforcement Procedures.
b. 14 CFR Psut 16 - Rules of Prucflce For Federtilly Assisted Airport Enforcement Proceedings.
c. I�} CFR Part 150 - Airport nnise compatihiEity planning.
d. 29 CFI2 Part 1- Procedares for predetermination of wage rates.�
e. 29 CFR Part 3- Contractors and subeontenc[ors an public 6uilding or puhlic work flnanced in whole or part hy
loans or grants From the United States.'
f. 29 CFR Part S- Labor standards grovisians applicable to cont��cts covering €ecferftlly financed and assisted
construcrion (also labor standazds pro�isions applicable ro non-construction coritracts subject co the Conuuct
Work Hours And Safety Standards Act).'
g. A I CFR Par# 6d - DFiice of Faderaf Contract Compliance Progrums, �qual Employment Oppariunity, I?ep�trtmertt
of I.abur
(Federal and fede��ally assisted contracting requirements).�
h. 49 CI�R Pnrt 18 - Unifarm admi��istrAtive requirements for grants und coopesaEive agreements to state and [oc�l
governments �
i. 49 CFR Part 20 - New restrictio�s on lobbying.
j. 49 CFR Yart 21 - NondiscriminaFion in federally-Assisted programs of the Department of Transportation
effectuarion of Title V I of tl�e Civil Rights Act of 1954.
k. 49 C�R Part 23 - Ptirticip¢tian hy Disadvantage Business Enterprise in Airport Concessions.
!. �9 CF}t Pnrt 24 -Uniform relocation �ssistance �d real property acquisidon for Federal And federally assisted
pragsims.� x
�n. 49 CFR Part 26 — Pvticipation $y disadvantaged 13usiness Enterprises in Department of Transponation
Programs.
n. 44 CFR Part 27 - i�'ondiscrimination on ihe basis of handicap in programs and activities receiving or 6enefiting
fra�m Federtil
finoncial assistanca.�
o. 49 CFR Yart 29 — Govemment wide de6arment and suspension (non-proc�rement) and gvvernment wide
requirernents for dnig-free workp�ace {grnnts).
p. 49 CFR Part 30 - Deuiul of public works cantracts to suppliers of gaods and services of countries that deny
procurement market access to U.S. eontraetors.
q. 49 CFR Part 41 - Seismic safety of Federat and Federally assistad or regulated new building cvnstruction,�
Oftice nf Management and Budget Circulars
a, A-87 - Cost Principles Applicahle to Grants and Contracts with State And Local Governments.
b. A-133 - Audits of 3tates, Local Governinents, and Non-ProFit O[gtutiza[ions
( I) These laws do not apply to airport planning spoosors.
(2) These l�ws do not upply to private sponsors.
(3) A9 CFR Part l8 und OMB Ciecuiar A-87 contain requirements for State and Local Govemments
receiving Federal assistance. Any requirement levied upan State aad Loc�) Gvvernments by this
regulation And circular shul] also be applicable to private sponsers [eceiving Fetferal assistance under
TiUe 49, United States Code.
SpeciFic �sssurances reyuired ta be included in grant agreements by any of fhe aho�e laws, regu]¢tions or circulars ttre
incorporated by reference in tl�e grmit agreament.
ResponsiUility and Authority of the Sponsar.
a. Pu�lic A,gency Sponsor: It h6s lega� nuthoriry to apply for the grant, and to fi►tance pnd carry out the prnposed
project; thut a resolution, motion or similar acrion has been duly adopted or passed as An of5cial act o€ the
upplicant's governing hody authorizing the filing of the APPA, including all undetst�indings and assurances
con[ained therein, and directing and authorizing the persan identified as the ofFici�i representative oi the applicant
to �ct in connection with the APPA and to prvvide such udditional informudan as may he required.
b. Privafe 5ponsar: It E�as legal authority to qpply fqr the grsmt t�nd to finunce and carry ont the proposed project
and comply with all terms, canditions, und Assuranees of this grant agreement. It shall designate an of�icial
representaiive and shalE in wriEing direct and authorize that persan to File this APPA, including till widerstandings
- and assurances coutained thereia; to act in conneciion with this APPA; and [o provida such addiapnal informatian
as mAy he reqeured.
3. Sponsor Fund Availubility. It h�s suFficient funds available for that portiqn of the project costs which are not to be p�id hy
t[te United 5tates. It as su�cient funds available to assure operafian and maintenance af items funded under the grant
agzeement which it will awn or control.
4, Goad Title. �
m. It, a public ttgency or the Pederal govemment, holds good title, sAtisfactory tv the 5ecretary, to the landing �rea of
t1�e airport or site thereof, or will give assurance salisfactory to ths 5ecretary that good titla will he acquired.
6, For noise compat�bility progrtun projects to be corried out on the property of the sponsor, it hoids good utle
snrisfnctory to the 5ecretnty to thut por#ion of the property upon which Federtil funds will be ea�pended or will give
assurance to the 5ecretary that good tide will be obtained,
5. Preserving Rights and Yowers.
Page 16 af 26
a. It will not take ar permit any action which would opernte to depdve it of ony of ihe rigl�ts and potvers necessary to
perform any or u11 af the terms, conditions, and assurnnces in the grant ugreement without the written ap�roval of
tha Secretury, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of
others which would interfere with such performance 6y the spvnsor, This shall be done in a manner acceptable to
the Secretary.
b. It will nnt sel�, lease, encumher, or otherwisa trunsfer or dispase of ,viy part of its title nr ather interests in the
proper[y shown on Exhibit A to this APPA or, for a noise computibility pragram project, that p�rtion of the
propeaty upon which Pederal funds have been expended, for the duruGon of [he [erms, conditions, and ossurances
in dte grant agreement withont approval hy the Secretary. If the transferee is faund Uy fhe Secretary ta be eligible
under Tifle A9, United 5tates Code, to assumc the o6iigatians of the grant agreement and to have the power,
authariEy, And fintutcinl resaurces ko ctu'i'y out ail such ohfigations, the sponsor sh�ill insert in the contract or
dncument transferring or disposing of the sponsor's interest> and make binding upon the transferee nll of the
terrns, conditions, and assurances contained in this grant agreeinent.
c. For ull noise compatibility progrkm projects wl�ich are to be car[ied aut by another unit of local go�ernment or tu'e
an property owned 6y u uniE of local government vther than the sponsor, it will enker into an agreement with that
government. Except as otherwise specified 6y the Secretaty, tha[ ugreement sliAll obligate that govemment to the
same terms, conditions, and nssurances iha[ would 6e applic¢ble to it if it applied direetly to ihe 1�AA far a grant
to u►tdertuke the noise compatibility pragrum project.'�hat 4greement and changes thareto must 6e sutisfuctory to
the 5ecrettuy. lt will take steps to enfarce this ug�eement against the locnl govemment if there is substAntial non-
compliance with the tertns ef the agreement.
d. For noise compatihility program projects to be carried vut an privately owned property, it w911 enter into an
agreement with the owncr of that properry, which includes provisions, speciPied by the Secretary. It will take steps
to enforce this agreament a$penst khe property owner whenever thece is substantial non-compliance with the terms
of the agreemenE.
e. If the sponsar is a private sponsor, it will take steps satisfactory to the Secreiary to ensure that the siirport will
eontinue [o functiun as a public-usa tdrport in accordtutce with thesc usswances for the daration of these
ussurstnces.
f. [f an tirrangement is made for management and operntion of the airpott by pny agency ar person o[her daan the
sponsor or an employee of the sponsor, the sponsor will reserve sufftcient rights iend authority to insure thaf the
airport wi�1 be operated and rn�tintnined in accordance Title 49, UniCed 3tates Code, the regulations ttnd the terms,
conditions nnd assurances in the grtiut agreement ttRd shall insnre that such airnngament ftlso requires compliance
therewith.
6. Consestency �vith Lacai Pians. The project is reasonably consistant wiYh pians (existing a[ the time of s�bmission of this
APP�1.) of puhlic agencies that ¢re authorized by ihe Stnte in wAich the pmject is located to plan Far the development of the
area surrvunding the aupart.
7. Consideratian of LacaI Interest. It has giYen fair consideration to the interest of commwtities in or neur whare the projeot
tnay be iocated. � �
S. Canse�ltatian wtth Users. In making a decision ta undertake any rurport development project under Tide 44, United 5tates
Code, it hns undertnken reusona6le consultations with affected parties using [he airpotrt ¢t which project is proposed.
h, Fublie Hearings. ln prajects involving the Iocation of an airport, aa airport runway, or u major runway extension, it h�s
afforded the apportunily For puhlic hearings for the purpose of considering the economic, soeial, Arid environmental effecis of
khe turport or runway location E►nd its consistency with goals and ohjectives af sueh planning as has 6een carried ou[ by the
camn[tunicy and it shali, when requested hy the. Secretary, sabrrtit a copy of the trmmscript of such heorings to the 5ecretary.
Further, for such projects, it ht�s on its management hotud either voting representation from the communities where the
projecc is located or hus advised the communities th¢t they have the dght Co petition the 5eciretary couceming u propvsed
project.
1Q. Air and Water Quality 5tandards. In projects involving airport locltion, a major runwAy extensinn, or runway locauon it
will provide f4r rhe Governor of the state in which the project is [vcated to certify in writing to the 3ecretary that the project
wiIl 6e located, designed, constructed, ¢nd aperared so ns to comply with applicahie air and wuter quality stancfards. In rany
cusa where such sEandnrds have not been apgroved and where npplica6le sur nnd water qoality standards hAve 6een
promulguted by the Administratar of tha Environmental I'rotection Agency, certification shall be obtuined from such
AdministraEor. Natice oF cerEiFication or refusul to certify shali 6e provided within sixty ct4ys atZer the project APPA has beea
received by the Secretary.
11. Pavement Freventive Maintenance. With respect to tt projeci approved after 3anuary 1, 1945, for the replacement or
reconsuuction of pavement At the turport, it assures or cerEifies that it has implementect fln e€fecti�e airport pavement
maintenanca-management progxam und it assures that it will usc such pragcam for the useful life of Any pavemant
constructed, reconstructed ar repaired With Federal fmanCial assistttnce at the airport. It will provide sucM reports on
pAvament condition and pavement mtmagement programs sis Ihe Secret�uy determenes may be useful.
X2. Terminal Development Prerequisites. For projecfs which include terminal deveiopmeut ut a public use airport, bs defined
in Tide 44, it hns, v�t the date of suhmittal of the project grant reyuest, all the safety equipment xequired for certification of
such airport under seciion 44706 vf Title $9, United States Code, sind tdl the security e.quipment required by rule or
regulation, and has provided for access to th� p�.ssengar enplsuting and deplaning Area of such �i�ort [o passengers enpkttning
und deplaning irom aireraft other than air cax[ier t�ircraft,
13. Accaunting System, Au[1it, und Record Keeping Requireraents.
A, It shall keep a!I project accounts and records which fuily disclose tlie tunount and clisposition by the recipient of
Page 17 of 26
tlie proceeds of the grunt, tha tntal cnst of the project in conneciion with which the grant is given or used, und the
arnount or natura of that portion af the cost of tl�e project supplied by other sources, und such other F'mancial
records pertinent ta tltie project. The uccnunts and records shal] he kept in accordance with nn accounting syste�n
that will facilitate an effective audit in accordance with the Single Audit Act of i984.
It s1�a11 make available to the Secretary and the Comptroller General of the United 5tnles, or any of their tluly
authorized representati�es, for the purpase of nudi[ t�nd exatnination, any hnaks, dacumen[s, papers, and records
of the recipient thak are partinent Co khe geant. 7'he Secretary may require that an appropriate uudit be conducted
by a recipient. 1n any cnse in vrhich on indapendent audit is made of the accounts of a sponsor relflting to the
disposition af tl�e proceeds oF a grant or relnting to the project in connection with which [Ite grant was given or
used, it shctll file a certi#'ied copy of such audit with the Comptroller General of the ilnited 5ts►tes not later thnn six
(fi) months following the close of the fiscal year for ruhich the audit was made,
14. M'rnimum Wage Rates. it shull inclnde, in all contracts in excess of $2,060 far work on uny prajacts funded under the grank
agreement wiiich involve labar, provisions estahlishing minimum rates of wages, ta be predetermined by Che Secretary af
Labor, in accordanee with the Davis-Bacon Act, as amended (44 U.S.C. 276a-276a-5), which cnn[raetars shpll pAy to skifled
pnd unskilled ]a6or, and such minunum rates shall be stafed in the invi[ation For bids and shall be included in proposals or
hids for the work. '
15. Veteraq's Preference. It shall include in all contracts for work on uny project funded nnder Ihe grant ugreement which
involva labor, suelt provisions as are nacessary to insure Ehat, in the empinyment of labor (except in executive,
administrative, And supervisory pasitions), preference sht►ll be given ro Veterans of the Vie[natn era ttttd disableH veterans as
defined in Secuon 47 L 12 of Sitle 49, United 5tates Coda. However, this preferenca shall apply only where the individut�ls sue
availa6le and qualified to perFarm tha work io which the employment relatcs.
16. CanFarmity to Plans and Specifications. It wi11 execute the project subject to plans, specifications, and schedules
approved 6y the 3ecretary. Such plans, speciPicati0ns, and schedulcs shall be submitted to the Secretaty prior to
commencement of si[e preparation, construcrion, or other performance under this grant agreement, and, upon approval of the
Secretary, shall6e incorporated into this grant agreemertt. Any mndificnflnn Co the approved plans, speci�cations, and
. schedules shall also 6e subject to nppro�al of the Secrefary, and incorporated irtto the grant agreement.
17. Consfruction Inspec4ion and Appro�aI, It will provide und maancain competent technical supervisian ttt the canstruction
site throughout the project to assure Ehat the work canforms to thc plans, specifictttions, t►nd schedules approved by the
Secretary For the prnject. It shall subjact the construction work on any project contained in an approved project APPA ro
ins�ection and approval by the 5ecretary and such work shall6e in ttccordance with reguEntions and procedures prescri6ed by
the Secretary. Such regulations and procedures shall require such cost mrtd progress reporting by the sponsor ar sppnsors of
such pmfect as the 5ecretary shall deem nacessary. _
1$. P3anning Projecks. In carrying out planning projects:
A. Et will execute the project in accordance with che approved pragracn narrative rontained in the prajeck APPA or
with the modifications siroilarly approved.
b. It wil[ furnish the Secret�y wEth sach periodic reports us reguired pertaining tv the plAnning pmject and planning
work acdvities,
c. It wi11 include in sil! published materiak pregtEred in connection with the planning project a notice that the matenal
was prep�red under a grant pravided by the ilnited 5tates,
d. Ik will make such material available for examinaflon by the public, and �grees that no materiul prepnred with
funds under this prpject shall 6e sub�ect m copyright in the United Stptes or any ather country.
e. It will givc the 3ecrettvy wnrestric[ad aut3�ority to pu6lish, disclase, distri6ute, and otherwisa use any of ihe
material prepared in cannection with this grant.
f. It will grnnt Ehe 5ecretnry the right to disapprave the sponsor's employment of spacific consultants and their
suhcontraetors to du all or any part of this project as weli As the right to disapprove the proposed scope su►d cost of
professional services.
g. It will grant the SecceEary the r�ght tq disapprove the use of the sponsor s employees Eo do all or any part af the
project.
h. It understunds and Ag[ees tl�at the Secretary's upproval of this project grant or the Secretary's upprov�l of uny
planning materi�l developed as ptu# of tF�is grant does not constitute or imply any s�ssurance oz commatmen[ on the
part of the Secretary m approve any pending or future request for a Pederal airport �grant,
19. dperation and Maintenance.
A, The airpnrt and �II faclities which are necessary to serve the ueron¢utical users of the airport, ather than facilities
owned or controlled 6y the United States, shall be operated at all times in a safe and serviceuble condition and in
Accordt�nce with the minimum standards as may 6e required or prescri6ed hy applicabie Federal, stata �nd loc�l
agencies for mruntenance and nperution. It will not cause or permit any acuvity or aciion thereon which would
interfere wifh its use far airport purpases. it will suitably aperate mnd maintain the �irpart srnd all facikities thereon
or conneeted therewith, wich due regard to climatic and flood wnditions. Any proposal [d temporarily close the
airport for non-aeronvutical purposes must first be approved 6y the Secretary.
In fwtherance of this assurance, the sponsor will have in effect arrangements for-
(1 j Qperating the airport's aeronautieal fucilities whenever req�ired;
(2j Promptly mnrking and lighting hazards resulting from airport conditions, including kemporary conditions; and
(3} Prompdy notifying aim�en of €my condi[ion affecting aeronautical use of Ihe uirpart.
No[hing contafned herein shall be construed to require that the airport be operated for aeronauticu! use during
temporary periods �vhen snaw, flood or ather climatic canditions inter€ere with such qperation �tnd mtiintenance.
Page 1 S oi 26
Further, nnthing herein shall be construed as requ'ving the maintenance, repair, restoration, or replacement af nny
structut� or facility which is substantially damaged or destroyed due to an act of God or otlier condition or
circnmstance heyond the control af the sponsor.
It will suitabEy operate ytd maintain noise compatibility program items that it owns or controls upon which
Federalfunds have been expended.
20. Huzard Rcmoval and 1Vlitigatinn. It will take appro�rriate action ta assure tl�at such terminal airspace as is required to
prvtect instn�menc and visual oPerations to the airport (including established minimum flight altitudes) tvii[ ba adequately
c[eared and prntecEed hy removing, lowering, relosating, marking, or lighting ac otherwise mitigating existing nixport hazards
pnd by preventing tlie esta6Gsfunent nr creation of Fulure airport hazards.
21. Compati6ie Lund IIse. It will take appropriate uction, to ttie exteaE reasonahle, including the �loption oF zoning laws, to
restrict the use of land adjacent ta ar in the immediate vicinity of the airport to Activities and purposes compaFi6le with
nonnal a�rpo3t operations, including landing and takeoff of �ircratt. In addition, ef the project is for naisa compaEi6iliry
program implementation, it will not cause or permit nny cha�ige in land use, within its jurisdiction, thut will reduce its
co�npatihility, with respect to ihe airport, of the noise complu6ility progrmn measures upan which Federai funds hnve 6een
expended.
22. Ecanotuic Nondiscrimination.
a. It will make ti�e airport avaiEahEe as un ai�port for puhlic use on reasonable terms �nd without unjust
discriminr�tion to a11 types, kinds and classes of aeron�utical activities, including commercial tteronautieal
aciivities offering services ta the public at the airport.
b. In any agreement, contract, les�se, pr Qthez tuxangemenE under which u right or privilage ot the airport is grar�[ed tv
any person, 6rm, ar co�roration to cpnduct ar m engAge in any aeronautical activiry for furnishiug services to the
public at tha airport, Fhe sponsar rvili insert and enforce provisions requiring the controctor to-
(I ) fumish said services on a reAsonable, And not unjustly discriminatory, hflsis to alI users thereof, and
(2} charga reasonable, and not unjustly discriminatory, prices for eAch unit or service, provided thAt the eontractor
may be allowed to make reasonohie F►nd nandiscriminatory discounts, rebates, or other similar types of price
, reducftons [o volume purchasers.
c. Each fixed-based operator at the �uport shtilI be sabject to the s€une rptes, fees, rentals, and otf�er charges as ara
uniformly applic�ble ro a11 other fixed-based operAtors making tEte s[une or similar uses of such airport and
utilizing the sume or similar facilicies.
d, Each air carrier using such airport shall Nave the reght to serviee itself or to t[se any fixed-based opart�tor that is
uukhvrized or permiited 6y the airport to serve smy vr carrier at such airport.
e. Each air carrier using such nirport (whether ns a ten[utt, non[enant, or subtenant of another �ir cArrier tenant) shall
be subject to such nondiscriminatory nnd substanti�lly comparable rules, regulatipns, conditions, rates, fees,
rentals, and other charges with respect to facililies directly and substantisilly reluted to providing air transportation
As ttre t�pplicahle to all such air carrie�s which malce similar use of such Qirport attd utilize si�nilur fucilities,
subject to reasona6le classifications such r�.s tenants or nvntenants tuad signatory carriers and nonsignatory
cnrriers. Ciassiiiaafion or status as tena�tt or signatory shall ttot be unrensonably withheld by nny uirpoef provided
an air carrier assumes phligutions su6stt►niiatly similur to those already imposed on air carriers in such
cEassification or statos.
f. It will not exercise or grant any right or privilege which operates to prevent uny person, �rm, or corporation
oper�ting aircraft on the airport from perfom�ing uny services on its awn aireraft with its own employees
[including, but not limited to maintennnce, repuir, and fue[ing] that it may choose to peeform.
g. In the event the sponsor itself exercises any oF the zights and privileges referred [o in this assurance, the services
involved wiil he provided on die saine conditions as would agply to khe funnishing of suct► services by commercial
neronnu[ical service providers Aueharize� by tha sponsor under these prvvisions.
h. `i'he sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by al1 users vf
the airport as may be necessary for the s¢fe and efFcient operation of the airporC.
i. The sponsar may prohibit or Gmit any given type, ltind or ciass of aeron�utic�! use of the airport if such action is
necessury for tf�e sufe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Itights. It will pertn'tt no exclusive right for the use of the airpnrt by any pexson providing, or itrtending to
pro�ide, �eronauGcal services m Ehe public. For purpases of thes paragraph, the praviding of the services at an airport by a
singEe fixed-based operator shall not be construed ns un exclusive right if both of the following.t�pply: �
a. It would.be unreasanably costiy, burdensama, or impractical for more than one fixed-baseci operator to providc
such services, and
h. If allowing mare Ehan one �xed-based vperator to provide such serviees wauld reqoire the reduction of spttce
laased pursut�t to an ezisting agreement 6atween such singfe £ixed-bstsed operflror siad such airport.
It furtfier ug�es tl�at iE will not, aither directly or indirectly, grant or permit any person, ��rm, ar corparation, t6e exclusive
right at the airport to conduct any aeronautic�l activides, inciuding, but not luaited kn charter flights, pilot trnining, aircraft
rentpl tu�d sightseeing, aeriaE photagraphy, crop dosiing, aerial advertising And surveying, air carriar operations, uircraft sales
p�d services, sale of aviation petroleum producrs whether ar not conducted in conjunctian with cjther aeronauuc�I activ[ty,
repair and maintenance oi nircrt�ft, sale of aircraR parts, and Any other acti�ities which because of their direct xelationship to
the operation of aireraft can be regarded as �n
aeronauticnl activity, und tltat it will temvnate any exclitsiva right to conduct s►n aeronautical activity now existing ak such an
airport before the grant nf nny assistance under Title 49, United States Code.
24. Fee and Itenial Structure. It will maintain a fee und rentnl stnecture for the facilities and services ut the airport which will
make the Airport as self-sustaining as possible under the circumstances existing At the purticular airport, t�king into uccnunt
such factors as the r+olume of trrxffic and economy of collection. No part of the Federul share of an airport devalopment,
surpart planning or noise compatibilety project For which A grant is made under Tit]e 4'4, LTnited Stutes Cade, the Airport and
Page 19 of 26
Auway Improve3nent Act of 1982, the Pedera] Airport Act or the Airport and Airway pevelopment Act of 197U shsil! he
9ncluded in Qie rate hasis in esta6fis[�ing Fees, rates, and charges for users of that airport.
25. A.9rport Revenues.
a. All revenues generated by the airport and any locnl taxes on aviation fi3el established af[er December 30, 1987,
will be expended hy it for the capital or operating cosfs of ihe airport; �he 1pca1 airport system; or other iocal
facilities wltich are owned or operated by the owner or operator pf the siirport and which are directly and
stibstantially related ro ihe actu�l t�ir transportation oi passengers or property; or for noise mitigaflon pwposes on
or off the airport. Provided, howevee, that if covenants or assurances in deht obligations issued 6efore September
3, I982, by khe awner or operator of the Airport, or pravisions enacted 6efare September 3, 1982, in governing
statutes conttolEing the owner or operator's financing, provide for the use of the revenues from any of the air�ort
owner or operator's facilities, including the airport, ro support not nnly the a3rport but also the airport owner ar
operatar's general debt obligatinns or other facilities, then this limitafion on the use of s►i[ revenues generAted hy
the ttirport (a[►d, in the case of a pubiic turpoR, Incal ta�ces an aviation fuei) shall not apply.
h. As part of the annu�l nudit required under tlie 5ingle Audit Act oF 1984, the sponsor will direct Yhat tl�e audit wilL
review, and the resuldng �udit report will provide an opinion coneerning, [he use of airport revenue anti ta:ces in
paragraph (aj, und indicating wl�ether funds paid pr Cransferred to the owne[ or operalor are psud or transferred in
a manner consistent wit[� Title A9, United States Code suid tmy other applicable provision of law, includiRg t�ny
regulntion promulgated hy the Secrettuy or AdministrAtor.
c. Any civil penalties or ather sanctions wil[ 6e imposed fior violation of this assurance in accordFurce wieh the
provisions of Sectinn 471D7 of Title 49, United 5tates Code.
26. Reporfs and Inspections. It wi11:
a. submit to the Secretury suci► ttnnus� or special flnanci�l And operations repnrts as tkia Secrerary may reasonably
request ond make such reports Avt�ila6le ta the pu6Eic; meilce availahle to the public at rensonable umes and pla�es
a report of the airport 6udget in a format prescri6ed by the 5ecretary;
b. fnr airport development projects, make the airpart and till airport records and dqcuments uffecting the Airport,
including deeds, ieuses, aperation and use 4greements, tegulafions and other instniments, available for inspection
, by any duly authvrized ttgent of ihe 5ecretbry upon reasonable request;
c. for noise camputibility program projects, make records and dacume�ts ralaUng to the project and continued
compliance with the terms, conditions, ond assurances of the g[t►nt agreement including deeds, leases,
agreements, regul�tions, mnd other instruments, uv�il¢ble for inspection by any duly nuthorized Agent of tha
Secretary upon reasonAble request; and
d. in a formnt and time prescrihed by the 3eeretary, provide to the 5ecretruy and ma[ee AvailAble to the public
fallowing each of its fiscal yeazs, an annual report lisung in detail:
{i) all amounts paid by the vrport to any other unit nf govemment and the purposes ior which eAch such
� payment was made; und .
(ri) nlI services and property pravided by Ehe airport to other units of govemmen[ and the Funonnt of
compensaiion received for prnvision of each such service und property.
27. Use 6y Gmernment Aircraft. Ct will make avnilable ail of the facilities of the airport develo�ed vuith �ederal Ciu�tincial
assistance and all those usable for ItmcEing apd tukeoff of aircraft to the United States for use by Go�emment pircraft in
common wit[� other aircraft aE �Il times without chArge, except, if the use by Government aircraft is suhst�tial, charge may
be made for tt reasont►b1e shttre, propo�iional to such use, far the cos[ of aperating and m�intaining the facilities used. Unless
otherwise determined by the Secretary, or otherwise Agreed to hy the sponsvr and the using agency, substantial use of an
airpart hy Government aircraft will be considered to exist r�hen operations of s�ch vircrnft ure in excess oF those which, in
the opinion of the 5ecrefary, wnuld unduly interfere with use of the landing areas hy other Authoriaed aircrnft, or during �uay
calendar month that-
u. Five (5) or more Go�emment aircruft nre regularly bused At the airport ar on land adjacent thereta; or
h. The total number of movements (coun#ing each 2anding as a movement) oF Govemment aircraft is 300 or more,
or the gross accumulative weight of Government aircraft using the nirport (the totaE movement of Go�ernment
aircraft muluplied by gross weights of such vrcraft) is in excess of five million paunds.
28. I,and far Federal Fac3Gties. It wifl furnish without cost ko tha Federal Government for use in cannection with atty air ttafFie
conkrol or air na�igation activities, ar weather-regvrting and commu�ication activities relAted Ea air trafFic candrol, any ure�s
of land or water, or �state therein, or rights in buildings of the sponsor as the Secretary considers necessary or desiraUle for
constniction, nperation, and muinten¢nce pt Federal expense of sp¢ce or faciIities for such purposes, Sueh arcas or any
portion thereof will he made avaiiable r�.s provided herein within foar months after receipt of a written reyuest frnm the
Secre[ary.
29. AirportLayoutPlan.
a. It will keep up to dAte at �11 times an airport lnyout plan of the airport showing ( I) boundaries of the �irport and all
prapesed additivns thereto, together with the hvundaries of all afFsite ttreas owned or controlled hy tha spnnsor for
airport purposes and propvsed additinns the�to; (2) the locaUon und n¢ture of all eatisting tutd propased aiiport
facilities ttr►d structures (sucfi t�s runways, tfixiwuys, aprons, terminal buildings, hangttrs and roadsj, including a!1
proposed extensions and reductions oFexisting airpaR fncilities; and (3) the location of a11 existing nnd propvsed
nonaviatian ureas and of ail existing improvements khereon. Such airport layaut plans and each amendment,
revision, or rr�oditicatioa thereof, shull be subject ta the approv�l of the SecreEary which approval sha116c
evidenced hy tha signature of u duly authorized representAtive vf the Secretary an the face of the airport ]ayaut
plun. The sponsar will not rneilce or permit any ch€tnges or ulterations in the uirport or any of its ftscilities which
are nnt in conformity with the nirport layout plan ps upproved by the Secretary and whic[� might, in the opinion of
the Secretary, adversely affect [he safety, utiGty nr effcciency of tha girport.
Paga 2Q of 26
If a change or alteration in the t�irport or the faciHties is made which the 5ecre#ary determines adversely afFects
the sufety, utility, or efficiency of any federally owned, le�sed, or funded property on or off die a�irport and which
is not in cnnformity with the uirport layout plan as npproved hy the 5ecretAry, the owner ar qper�rtor will, iF
requested, by the Sec�euuy (I ) etimiunte such advaese effect in tt manner approved by the Secretary; or (2) bear
ull costs of refocating such property (or replacement thereot� to a site accepta6le to ths 5ecretary and till costs of
restoring such property (or replacement thereo� to the leve! of stefety, utility, eificiency, and cost of operarion
existing before the unnpprnved change in the nirport or its facilities.
30. Civi1 Rights. it wilk eamply with such rufes as are promulgAted to assure that no person sha11, on the �rounds of race, creed,
color, national oeigin, sex, pge, or handicap 6e excluded from parlicip�ting in Any nctivity condncted with or benefeting from
funds received from this grant. This assurance obligates the sponsor for the period during which FederAl financia[ t�ssistance
is extended to the prqgram, except where Federal financial assistance is ta provide, or is in the fortn of personal property or
rea3 property or interest therein or structures or improvements therean in wliich case the assurance obfigutas the sponsor or
any rrans%ree for the fonger af the following periods: (a) the period during whicl� the propeny is used for a purpose for
which Federal �'inancial assistance is extendad, or for :usother purpose involving the provision of similar services nr 6enefits,
or (b) tlie period during which the sponsor retains ownership ar possession of the property,
31. Disposai of Land.
p. For lttnd purchtksed under a grant far airpart no'tse compatihility purposes, �t will dispose of the land, when the
land is no longer needed for such purppses, nt f�ir market value, At khe earliest practicable time. That portion of
tl�e proceeds of such disposition which is proportionate to the United States' share of ncquisition of such land will,
at the discretion of thc 5ecretnry, 1) be paid to the 5ecretary for deposit in the Trust Pund, or 2) be reinvested in
an approved noise compati6ility project as prescribed by the Secretary.
6. (1) �ar lund purchased under a grant for vrport development purposes (other tha� nnise compatihiliry), it will,
wl�en the land is no longer needed for uirport purposes, dispose of such land at fAir n�arkat value or malce
availahle to tMe Secrekary an tuno�tnt equa] to the Uni[ed 5tates' praportionate sharc of the fair mar3cet value af the
land. That portinn of the proceeds of such dispositioh which is grqpartionate to the United 5tates' share of ihe cost
of aCquisition of such land will, (¢) upon application to the 5ecretary, be reinvesfed in another eligihle airport
, improvement project or �rojects approved by the Sec�etary at tfiat airpurt or within the nation�l airpnrt system, or
(h) be paid tn the 5ecretary far deposif in fhe Tmst Fund if no eligi6te project exists.
(2) Lund shall he considered to be needed for pirport purpases unde�r this assurance if (a) it may be needed for
aeronautical purposes (including runway p[otection zones) or serve as noise huffer lnt►d, and (b) the revenue from
interim oses of such lund conuibutes to the financia] self-sufFiciency of the airport. Further, land purchased with a
grant received by an airport nQerator ar owner before December 31, 1987, will 6e considered to be needad for
�irport purposes if the 5ecretary or Federnl ugency mafting such grant before becem6er 3 L, 1987, was noti�ed by
the operator or owner of the uses of such land, did not object to such use, mid Ehe land contenues ro be ased far
thnt purpase, such use hav9ng commenced no later than December 15, 1489.
c, Disposition af such lttnd uader (a) or @) will be subject to the retention o�• reservation of any interest or right
tl�eeein necessary to ensure that such land will only be used for purposes which Fere compati6le with noise levels
ussociated with operatian of the airport.
32. �ngineering and Design Services. It wili awurd each cantr¢ct, or sub-contrnct for progrum mttnngement, consEruction
management, pl�nning studies, feasibility st¢dies, nrchitectural serviccs, preliininary engineering, design, engineering,
surveying, mapping or related services with respee# to the project in the su►ne manner as a cantrac€ for architectur�l and
engineering services is negotiated under Tide IX of if�e Federal Prnperty and Administrative 5ervices Act of 19A9 or pn
equivalent quali�cations-based requirement p►escribed for ar by t[�e sponsor of the airport.
33. T'oreign Market itestrictions. It wilL not allow funds provided under this gant to he used to fimd any project which uses
any product or service of a foreign country during the period in which such foreign coun[ry is Gsted by the United States
TrAde Representative as denying fair �uid equituble marlcet opportunities for products and suppliers oF the United States in
pracurement a��d canstructian.
34. Yolicies, Standards, and Specifications. It will carry ouE the projec[ in accordar�ce with policies, standsirds, and
specifications appraved 6y the Secretary iucluding hot not limited tp the advisory circulars listed in the Curient �AA
Ad�isory Circulars for AIP projects, dated 711/99 and included in this gant, smd in uccordanca with applicahle state pOticies,
standards, and specifications approved bq the 5ecretary. �
35. Relocation and Real Property Acquisition. (1) It will be guided in Acquiring real property, to the greatest extent
practicahle under 5tute law, by the larid acquisitipn policies in 3ubpart B of 49 CFR Part 24 and will pay or reimhurse
property owners for necessary ezpenses as specif'�ed ia 5ubpart B. (2} It will provide a reEocation ass�sttmce program affering
the services described in 5nbpart C and Fair and xeasonab[e relocation payments and assistance Fo d'ssplaeed persons sis
required in 3ubpart D und E of 49 CFR Part 2�4. (3) It will make avnila6le within a reasonable period of time prior to
displttcement, comparable repI�cement dwellings to displaced persons in accordance with Subpart E of 49 CFR Psu-t 24.
3fi. Access 13y Interctty Ruses. The airgort owner ar operatQr will permit, to the maxunum extent practicable, intercity buses or
other modes of transportation to hava nccess to the airport, however, it has no obGgaunn to fund speciu! faciiities foc intercity
6uses or for other modes of trnnspottation.
37. Disadvantaged Business Enterprises. The reeipient shall not discriminate an the 6asis of rt�ce, color, nntional origin or sex
in ihe ttward and perFormance of nny bQT-assisted contrAct or in the administratian of its DSE progrtun ar the reqUirements
of 49 CFR PFut 26. T�a Itecipient shull take all necessary and reasonahle steps under 49 CFR PatC 26 to ensure non
discrirnination in the award and Administration of DOT-assisted contracts. The recipient's DBE program, as required by 49
Page 21 of 26
CFR P�ut 26, and as approved by DQ'i', is incorporated by reference in this agreement, Implemeutatinn of this progrnm is a
legal nbligativn smd failure to carry out its terms shall be Ereated ps a �iolution of this stgreament. LTpon natifrcation to the
recipient af its fai3ure to carry out its approved pragram, tl�e Departmertt may impose sanctions as grovided for under Part 26
u��d mny, in appropriaFe cuses, refer tl�e matkar for enforcement under I$ U.S.C. lOpl andlor the Program Fraud Ciuil
Rsmedies Actof 1986 (3! U.S,C. 380L).
Page 22 ai 26
CC]RRENT FAA ADVISORY CIRCULARS FOR AIPIPFC PR07ECT5
The following apply to bath ATP and PFC Projects
N UMBER
7D/74b0-1d
ISOISOOQ-l3
150/S 10Q-14C
1SQ1520a-3DA, CHG 1 & 2
1501520D-33
150/521Q-SB
150/5214-78
15015210-13A
15015214-14A
15015210-XS
1501521U-18
1501521(?-l9
15015220-48
15015220-LOg
150/5220-L3B
1SQ15220-L6B
150/5220-L7A
150/5220-18
150/5220-19
15p/522Q-20, CHG 1
1 S0/5220-2I A
I50/534D-13, CHG 1, 2, 3, 4, 5
150153p0-14
1541S3pD-15
1501532D-SB
15415320-6D
15QI5320-12C
LSd15320-14 .
15QI5320-1b
ISU15325-4A, CHG 1
150/534D-1G
1541�i340-4C, CHG 1 & 2
150/534D-SB, CH� 1
1501534D-i4B, CHG 1 & 2
LSU/5340-17B
150/5340-18C, CHG 1
15Q/5340-19
154/S34D-2I
150/534D-23B
15p15340-24, CI-IG 1
1501534D-27A
15015345-3D
L50/5345-SA
154/5345-7T), CHG 1
150/5345-10E
150/53�45-12C
l5Q75345-13A
Upduted on: 7/1199
TITL�
qbstruction ]Ylarking and Lighting
Annonncement of AvailAbility--RTCA Inc., DocurrFent RTCA-221, Guidance and
Recommended Re.quirements far Aicport Surface Mvvement 3ensars
.4ichitectural, Engineering, and Planoing Consultant 5ervices for Airport Grnnt Projects
Airport 1�Vinter Snfery flnd Operations .
Hazardous Wildlife At[ractants On or [�Tear Airports
Fainting, Marking and I.ighting of Vehicles Used on an Airport
Aircraft Fire and l2escue Communications
Water Rescae Pfans, Faciliues, and Eguipment
Airpa�t Fire and Rescue Personnel Frotective Clothing
Airport Rescue & F'uefighting Station Built3ing Design
5ystems for lnterActi�e Training of Airport Personnel
Drivets Enhonced Vision System (DEVS}
Water Supply Systems for Aercraft Fire and Rescue Protection
Guide SpecifieArion for WaterlFoarn Type Aireraft Rescue and Firefighting Vehicles
12unway 5urface Conditian 5ensor Specif'ication Guide
Automated Weatl�r Observing Systems for NonFederal Applicatioas
Design 5trtndards for Aimraft IZescuW Firefighting Training FaciGties
Buildings for 5torage and M�intenance of Airport Snow and Ice Control Ec�uipment and
3vlAteri�Is
Geride �pecificatian for Small, Daal-Agent Aircraft ftescue and Frirefighting Vehicles
Airport 5naw and Icc Control Equipment
G�iide Specificptian for Lifts Used to Eo�rd Airline Ptsssengers With Mobility Impairmenis
Airport Design
Design of Aiscra8 Deiciug Facilities
Use of Value Engineering for Engineering besign of Airport Grant Projects
Airport Draioage
Airport Pavement Design and Evaluatian
Measurement, Constructian, and Mpintent►nce of Skid Resistant AirporE Pavement Surfaces
Airport Iandscaping for Moise Con{ral Purposes
Airport Pavement Design for the Boeing 777, Airplane
Rwzway Length Requiraments for Airpor[ Design
5t�dards for Airport Markings
Iqstullatian Details for Ronway Centerline'I'ouchdorvn Zone Lighting Systems
Segmented Circle Airpart Marker Systezn
Ecanomy Approach Lighting Aids
5tand6y Power for Non-FAA Airport Lighting 3ys[ems
Standards far Aitpart Si$n Systems
Taxiway Centerline I,ighting 5ystem
Airport Miscellaneous Lighting Visuaf Aids
Supplemental Wind Cones
Runway tind TEtxiway Edge Lighting System
Air-ko-Grouod Radio Control uf Airport Lightin$ Systems
Specification for i&21 Panels for 12emote Contral of Airport Lighting
Circuit 5eiectar 5rvitcfi
Speciflcatinn far L824 Underground Electrical Ctt61e for Airpart I.ighting Circuits
Specification for Constffnt C�i7ent Regulators Regulntor Monitors
SpecificaYion.for Airport and Heliport Seacon
Specification for L&41 Auxitiary Relay �¢binet Assembly for �ilot Conlrol of Airport Lighting
C�rcuits �
15015345-26B, CHG 1& 2 5peci6cation for T,823 Plug wd Receptacle, Cuble Conncctors
l50/5345-27C 5peci�ication for Wind Cone Assemblies
15DI5345-28D, CHG 1 Precision Approach Path Indicator (PAPI) 5ystems
15D15345-39B, CHG 1 FAA 5pecificauoa L853, Runway and Ttuciway Cen#erlina Retro�eflecfive M�rkers
15015345-42C, CHG 1 5pecification for Airport Light Bases, Transformer �Tousings, J�n¢tion Boxes and
Aecessories
1S41S345-43E
150/5345-44F, CHG 1
1S0(5345-45A
150/5345-45A
iS015345-47A
i5p/5345-49A
5pecification for Ohstruction Lighting L�quigment
SpecificaGon for Taxiwny and Runway Signs
Lightweight Approach Light 5tructure
5pecification for R�cnway and T�xiwAy Light Fixtures
TsoluGon Transfarmers for Airport I.ighting Systems
Speciftcauon L8S4, Radio Conkrol Equipment
Page 23 af 26
Esn�s3as-so, cxc i
1 5 0153 45-5 1, CHG l
i5015345-52
1501534S-53A, {incFuding uddandum)
150/536fl-9
L54/53GU-12A
ISQ/5350-13,.CHG 1
l5pfS37D-2C
150/5370-6B � _
15Q/5370-10A CHG 1, 2, 3, 4, 5, G, 7, 8, 9
150/5370-1 l, CHG 1
150/5370-12
150/5390-2A
15d/5390-3
Specification fpr Portable Runway Lights
Specificution for Discharge-Type Flnsher Equipment
Generic Visual G3ideslope Indicators (GVG�
Airport Lighting Equipment Certifcation Prograin
Planning tu�d Design of Airport Tertninal Facilities at NonHub Locations
Airport 5igning & Graphics
Planning and besign Guedance for Airport Terminsil Fncilities
Operational Sa%ty on Airparts During Construcrian
Canstruction Progress and fnspection Repnrt-Airport Grant Program
Standards for Specifying Conskruction of Airports
Use of Nondestructive Testing Devices in the Ev�luation of Airpart Pavements
QuaGty Control of Construction for Aiipart Grac�t Projects
Heliport Design
Vertiport Design
Page 24 of 26
ATTACHMENT C
CERTIF�CATION Zt�GARDING DRUG-�'1�EE WORKPLACE REQU�REIWIENTS
A. The grantee certifies that it will or will continue to provide a drug-frea workplace by:
(a} Publishing a statement notifying emp�oyees that tE�e unlawful manufacture, distribution, dispensing,
possession, ar nse of a controiled substance is prohibited in the grantee's workp�ace and specifyit�g the actions
that will 6e taken against emglayees fnr violation af such prohibition:
(bj Establishing an ongoing drug-free awareness �rograrn to inform emplayees about-
{1) The dangers of drug ahuse in the rworkplace;
(2) The grantee's policy of rnaintainxag a drug-free worlepIace;
(3) Any a�ailable drug counseling, rehabilitation, and employee assistance programs; and
t4) The penalties that may be imposed upon employees for drug abuse violations oecuriring in the workplace;
(c} Mskang it a requirement that each employee ta be engaged in the perfarmsnce of the grant b� gi�en a copy of
the statement required 6y paragraph (a);
(dj Notifying the e�ttployee in the statement required�by paragraph {a) that, as a condition of employment under
the grant, the empIoyee will-
(1) Abide hy the terms of the statement; and
{2) Notify the emplayer in writing of his ar her eonviction for a violation of a criminal drug statute occurring
in the workplace na later than �ve calendar days after such conviction;
(e) Natifying the agancy in writing, within ten calendar days after recei�ing notice undex patag�raph (d)(2) from
an empioyee or othsrwise receiving actual notice of such eonviction. E�r►ployers of canvicted amployees zn,ust
provide notice, including position title, to every grant officer or other designee on whose gi•ant activity the
can�icted employee was working, unless the Federal agency has designated a central point foz t�e receipt nf such
notices. Notices shaIl include the iciendfieation numbar{s) o� each affected grant;
(fl Tak'rng one af the following actions, within 30 calendar days of receivzng notice under paragraph (d)(2), with
respect ro any emplayee whq is so convicted-
(1) Taking appropriate personnel actaon against such an employe�, up to and including termi.naiion, �onsistent
with the requireraents of the Rehabilitation Act of 1973, as amended; nr
(2) Requi�irtg such employee w garticipate satisfactorily in a drug abuse assistance or rehabilitati�n pragram
appraved for such purposes by a Federal, State, or Iocal health, law enfarce�anent, or other appropriate
agency;
(g) Making a gaod faith effoxt to continue to maintain a drug-frea workplace through implementation af
paragraphs (a), (b}, (c), (d), (e), and (�,
B, The grantee rnay insert in the space provided below the site(s) far the perFormance of wark done in caz�nection
with the speczfzc grant:
Place of Performance (Street address, city, counry, state, zip code)
i
Check if e a rkplaces n e th are not identifiad here.
Signcd: � � Dated:
�
Marc Ott — Assis�an� Citv Manaqer
Typed Name and Title of Sponsor Representative
Page 25 of 26
ATTACHI�ENT D
pAVEMENT MALNT�NANCE MAIVAGEMENT PR�GRAM
An effective pavemsnt maint��ance management progra�n is one that details the procedures to be folIowed to assure
that proper pavement maintenance, both prewentative and repair, is p�rfo�rmed. An airport sponsor may use any form
of inspection program it deems appropriate. The program rnust, as a minimum, include Che following:
1. Pavement Tnventary. The fallawing must be depicted in an apprapriate fozm and lev�l af details:
a. location of all runways, ta�iwA�+s, and aprons
b. dimensions .
c. type of pavement
d. year of construction or most recant zehabilitation
For compliance with the Aizport Improvetnent �rogram assuranees, pav�ments that have been construated,
reconstructed, or repaired with Federal �nancial assistance shall be so depicted.
2. Inspeciian �ehedule.
a. Detailed Inspection. A detailed inspeck�on must be performed at least once a year. Ii a history of
recorded pave�nent deteriaration is available, i.e. Pavement Condiiion Tnd�x (PCI) survey as set forth in
Advisory Circular 15015380-6, Guidelines and Procedures far Maintenance of Airport Pa�emcnts, the
frequency of inspections may be extended t� three years.
b. Drive-by Inspection.. A drive-by inspectian m�st he p�rfarmed a minimam af once per month to detect
�nexpected changes in the pavement conditian_
3. Reeord Keeping. Complete inforrnation on the findings of all detailed inspections and ather mazntenance
perfarmed must be recorded and k�pt on file for a minimum of fi�e years. The types of distress, their lacations, and
remed'tal action, seheduled or perfnrmed, must be documented. The rninimurn infozmation to be recorded is �isted
�elow.
a, inspecfion dats
b. locat�on
c. distress types
d. mainte�ance scheduled or performed
Fdr dri�e-by inspections, the date of inspectinn and any maintenance performed mnst be recorded.
4, Infoxmatian Retrie�a�l. An airport sgansor may use any fs�rm of record keeping it daems approgriate, so long as
the information and records produced by the pavement survey can be retrieved to provide a report to the �AA. as may
be required.
5. Reference. Refer to Advisory Circular L5�/53$0-5, Guidelines and Procedures for Maintenance of Airport
Pavements, foz speci�c guidelines and procedures for maintaining airport pavaments and estahlishing an effective
maintenance pragram. Speczfic types of distress, their probable causes, inspection guideline, and recoznmended
inethods af repair are presented.
Page 26 of 26
City of �ort Worth9 �'exas
�Vlay�r ar�� �o�xn�i� Co������at�o�
JATE R��ER�AICE NUMBER LOG NAME PAGE
1DI�/02 **�,.�13��� I 55UPGRADE 1 of 2
SUBJ�CT RESOLUTfON CERT�FYING THE AVAILABILiTY OF THE CITY'S SHARE �F THE
DE51GN AND ENGINEERING F�R A PLANNED AIRFIELD UPGRADE PROJECT AT
FORT WORTH SPINKS AIRPORT AND RELATED APPROPRIATION 4RDINANCES
REC�MMENDAT[DN:
It is �ecammended tha# the City Council:
1. Adopt the attached resolution certifying that $24, � 00 in City funds will be a�ailable as a 1 D% match
for a grant from the Texas Department of Transportation (TxDOT} A�ia#ion Di�ision in the amount of
$241,000 far the design and engineering for airfiefd infrastructure upgrades at Fort Worth Spinks
Airport; and
2. Authorize the City Manager to accept, if offered, a grant for the design and engineering far the �',
r�irfieid improvements from TxDOT; and �
3. Autharize the transfer of $24,100 frnm escrow �unds ta re�enue in tF�e Municipal Airpor�s Fu�d; and �
4. Adopt the attached appropriati�n ordinance increasing estimated receip�s and appro�riations by I
$24,1 a0 in the Municipal Airports Fund from avaifable escrow funds; and ;
�' 5.. Autharize the transfer af $24,100 from #he Municipal Airports F�nd to the Grants Fund for ihe City's
match; anc�
6. Adopt the attached appropriation ordinance increasing estimat�d receipts and appro�riations by
$265,�00 in the Grants Fund, contingent u�on raceipt of the gran�.
D�SCUSSION:
The TxDOT A�iation Division has notified the City that a grant is tentatively avaiEable ta fund airfEeld
infrastructure improvements t�at would significantly enhance the airports operational capabifiti�s. The
upgrades include a 75,000 square faot terminal ramp axtension, the instal[ation of inedium intensity
taxiway lights, and runway and taxiway overlay and re-striping. These upgrades will enhar�ce nighttime
flight operations, provide much needed additional ramp parking space, and ensure an extended life for
existing runway and taxiway surface areas.
TxDOT I�as indicated that a grant for ti�ese projects will be available over three funding years on a
90/10 match basis. The City's share for the �esign and engineering phase in FY2a�3 will be $24,100.
Ti�e cor�structio� will be split into two phases beginning in FY2004. The estimated project cost in
FY2004 will be $654,aoa, with the City's share being $85,440. This wifl not n�ed to be available until
March 2D04. The seconc! phase of consir�ction is estimated to be $2,016,000, with the City's share
being $201,600. This will need to be available in March 2005. Additional appravals wilf be sought at
the appropria#e tim� for the construction phases. •
City of Fort �orth, 7'exas
, l��.y�� �.rnd. ���n��l ���.����cati���
iATE R�FER�f�CE NUMBER LOG NAME PAGE
1 D11/02 **�_� �75� 55UPGRADE 2 of 2
SUBJECT RESOLUTION CERTIFYING THE AVAILABILITY OF THE CITY'S SHARE OF THE
DESIGN AND ENGINEERING FOR A PLANNED AIRFIELD UPGRADE PROJECT AT
FORT WORTH SPINKS AIRPORT AND RELATED APPROPRIATION ORDINANCES
FISCAL INFORMATIONICERTIFfCATION:
The Finance Director certifies that upon approva! of the abo�e recommendations, r�ceipt of the grant
award, artd adoption of the attached apprapriaitor� ordinances, funds will be available in the current
operating budget, as appropriated, of the Grants Fund.
MO:k
F
Suhmitted for City Manager's
Oftice by:
Marc Ott
Originating Department Head:
Bridgette Garrett (Acting)
Addifional Inf'ormatian Contact:
�
� �Mike Fee3ey
� FUHD
� �to�
� 5&6y GR76
8476 I 6) GR76
6) GR76
� 3&4) PE40
� 4) PE40
5403 I (from)
3) PE40
5) PE4Q
477-
8304
ACCOUNT I CENTER
47204D 055302806000
�51942 055302806p00
5 (various] 055302806010
491 �41 � 0556002
538070 0556002
24000fi OOpOQ00
538fl70 [}556002
AMOUNT
$ 24,100.D0 �
$241,QOQ.00 �
$265, i 00.00 �
$ 24, f 00.00 I
$ 24,1a0.OD I
$ 2�4,100.00
$ 24,1 D0.00
CTl'i' SECIZ�TARY
�lPPitOVED 10/01/02
RE30LUTION NO. 2873
ORD.#'s 15266 & 15267