HomeMy WebLinkAboutContract 28057' ' - '� �� ,. �' { ��I
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T�XAS DEPARTMENT OF TRANSPQRTATIO��N�,�AC� � � �
AIRPORT PRO�ECT PARTICIPATION AGREEl1+�ENT
(Federally Assisted Airport Development Grant)
TxDOT CS7 No.:a202FWSPK
TxDOT Project No.:AP FW SPINKS 3
TxDOT Contz'act No.: 2XXAV068
Part I� Identification of the Project
TO: Tbe City of Fart Worth, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
T�is Agreement is made and entered into by and between the Texas Department o�
Transpartation, {hereinafter referred ta as the "State"), for an.d on behalf of the State of �I'exas,
and the City of Fort Wo�th, Texas, (herainafter referred ta as the "Sponsor"), under the authority
granted and in compliance with the provisions of Title �9 Uniied States Code, Sectian �7101 et
seq., and under V.T.C.A. Ti�ansportation Code, Tikle 3, Chapters 21-22, et seq. {Verr�on and
Vernon Supp).
The project is described as follows: design and constructian services far the eastside
drainage im.pz'ovements at the Fort'VVorth Spinks Airpart.
The Sponsor applies for federal financial assistance and desires khe State to act as the
Spoz�sor's agent in matters connected with the project described abave.
� The parkies, by this Agreement, do fix their respectave responsibilities, with referenee to
each other, with reference to the accomplishment of the pxoject and with reference to the United
States.
Pursuant to and for the purpose af carrying out ihe pz'o�isions of Title 49 U.S.C., and in
consideration of (a} the Sponsor's adoption and ratificatzon of the representations and assurances
contained in th� Airport Project Participation Agreement and its acceptance of this Offer- as
provided, and (b) the b�nefits to accrue to t�.e United Siates and the public froin the
accamplishment of the project and compliance with the assurances and cvnd�tions provided,
THE TEXAS DEPARTMENT OF TRANSPORTATION, F4R AND ON BEHALF OF
THE UNITED STATES, FEDERAL AV�ATYON AD11uNISTRATION (HEREINAFTER
REFERRED TO �S THE "FAA"), OFFERS AND AGREES to pay, as the United States
share of the allawable costs incuzxed in accomplishing the project, ninety percentum of all
allawable project casts. This gzant is made on and sub�ect to the follovaing terms and conditions:
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Part ZI � Offer of Fi�ar�ancxa� Assistance
l. The allowable costs af tk►e project shall not include any costs determined by the State to
be ineligible fox consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.A01 ct s�q. (Vernon and Vernon
SuAP)•
2. It is estimated that total project costs will be appz'oximately �264,OOD.00 (Amount A). It
is further estimated that appraximately $264,QOO.QO (Amount B) of ihe project costs will
be eligibie �or federal financial assistance, and that federal financial assistance will be for
nine�.y percent (90%) of the eligible project costs. Final determin.ation o� federal
eligibility of total projecC casts will be determined by the State it� accordance with federal
guidelines following completion of project.
Tn the event �hat federaX funds are unavai�able, this Agreement shall automatic�lly be
vaided and become of no force atad effect, excep� �hat unexpended or unen�umbered
moneys actually deposited by the Sponsor and held with the 5tate for project purpo�es
shall be returned to the Sponsor.
3. The maximun�. obligation of the United 5tates payable under this affer shall be
$23?,600.00 (Amount C).
This grant should not be construed as block grant funds for t�e Sponsor, but as a�rant far
fiznding of the scape items as listed on page one of this agreement. It is the intent af the
State to provide funding to cornplete the approved work items of this grant and nat to
amend tk�e sca�e of work to include items outside of t�e current determined needs of this
project. Scope of work may he amended as necessary ta fulfill tha unfareseen needs of
this specific de�elopment project within the spirit of the approved scope, subject to the
availability of state, federal, andlar local furtds.
4. It is estimated that the S�onsor's share of the total project costs will be $26,400.00
(Amount D). The Sponsoz' specifically agreas that it shall pay �ny project costs, which
exceed the sum of the �ed�ral share (Amount C). �
It is further agre�d that the Sponsor wili reimburse th� State for any payrnent ar payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage
of financial participation as stated in Parag�raph II-2. The State shall refund to the
Sponsor, at the financial closure o� the project, any excess funds pra�ided by the Spansor.
5. During design, if the estimated eligible construction project costs exceed Amount C,
above, th.e Sponsor rnay request the State to vaid khis Agreernent. The State shall agree ta
vaid thzs Ag�e�ment upon the satisfaction af the following canditions:
a. the Spansor's request to the State to vozd the Agreement s��{JJ���b� tKx:��v��:�� �t��1-i
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b. if required by the State, the Sponsor sha11 r�imt�urse the State for funds expencled
an this projeci and Sponsor shall assume the responsibility for any fu�ure expenses
for contracted servic�s or materials related to the project far which a contract had
been executed prior to the Sponsor's request to �oid �he Agreeme�t. Sponsor
funds held by the 5tate may be retained until this reqnirement is satisfied; and
c, failure on the part af the Sponsor ta comply with th� conditions of th.zs paragraph
sha11 constitute a breach of this Agreement.
6. Upan satisfaction of the conditions specified in Paragraph II-5 al�ove, the 5tate shall
declare this Agreement null and void, and this Agreement shalI have na farce and ef�ect,
except that unexpen�ed or unencumbered nnoneys actually deposiied by the Sponsor and
held with the State for project putposes shall be returned to the Sponsor within a
reasonable time.
7. If there is an averrun in the eligible project costs, the State rnay increase the grant to
cover the amount of overrun not to exceed the statutory tv�+enty-five (25%} percent
Iimitation, and will advise the Sponsor by amendment of ihe increase. Upon receipt of
the afarementioned amendment, the maximum obligatian of the United States is adjusted
to the arnount speci�'ied and the Spansor will remit their staare of tha increased grant
amount.
Participatian in additional fed�rally eligible costs may require approval. by the Texas
Transpartation Commissian. The State will not authorize expenditures�in excess of the
dollar amaunts ideniified in this Agreement and any amendments, without the consent of
the Sponsor.
Payment o� the United States share of the allowable project casts will be made itn
accardance with the provisians of such regulations and procedures as the State and the
FA�4, shall prescribe. Fina1 deternunation of �he United States share will be based upon
Che final audit of th�: total amount of allowable project cflsts and settlement wiil he made
for any upwa�'d or downward adjustmen.ts to the Federal share of costs.
S. Sponsor's share of graject costs (Amovnt D) shail be paid initially in cash when requested
by ttie State. At project closeout, Sponsor will he reimi�ursed for any credited amaunts
that exceed Sponsor's share. � � -
9. Sponsor, by executing this Agreement certifies, and upon request, st�all fumish proof to
the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to
th.e State and fedaral government the right, upon advance written request during
reasonable and reguiar business haurs, to audit any baoks and records of the Sponsor ka
verify said fands. �n addi�ian, the Sponsor shall diselose the souz'ce of a11 funds for the
project and its ability to finance and operate tt�e project.
Fo�lowing the execution of this Agreement and upon written demanri hv the State, the�
Sponsor's financial obligation (Arnount D) s�all be due and payat�� �t•, aJ� �,�t��.��� �e'r
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� may request the Sponsor's financiai obligation in partial payments. Should the Spansor
fail to pay the obligation, either in whoIe or in part, within 30 days of written demand, the
State may exercise its rights under Paragraph V-7. L'zkewise, slnould the State be
unwil]ing or unable to pay its obligation in a timely rr�anner, the failure to pay sha11 be
considered a breach and the Sponsor may exereise any rights and remedies it has at law or
equity.
PART III � Sponsor Responsibirities
1. In accepting th� Agre�ment, the Sponsor guaz'az�tees that:
a. it will comply wit� the Attachment A, Certi�catzon of Airpart Fund, attached and
made a par� af this Agreemeni; and
b. i� will comply with the Attachment B, Airpart Assurances (9199)(State Modified
9/99), attached and made a part of this Agreement; and
c. it will, in the aperatian of the facility, comply �ith aI1 applicable state and federal
laws, rul�s, regulations, procedures, eovenants and assurances required by the
State of Texas or the FAA in cont�ection with the federal grant; and
d, the Airport or navigational facility which is ihe subjecC a� �his Agreemen� shall be
cantrolled for a period of at least 20 years, and improvements made or acquixed
und�r this project shall be operated, repaixed and maintained in a safe and
serviceable manner for the useful life af satd improvern�nts, not to exceed 20
years; and
e. consistent with safety and security requirements, it shail make the atrport ar air
navigatianal facility a�ailable to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and elasses and shall
provide adequate public access duz'ing the term of this Agreement; and
f, it s�rall not grant or permit anyon� to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport Ianding ar�;a. Aeranautical activities
include, but are not Iimited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of a�iation petroleum products
and aerial applications. The landing area consists o� runvvays ar landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
g, it shal� not permit non-aeronautica� use of airport facilities, unless noted on an
approved Airport Layout Plan, v�ithout prior approval of the StatelFAA; and
h, it shall not enier inta any agreement nor permit any aircraf� to gain direct ground
access ta the 5ponsor's airport from private property adjacent to or in tha
immediate area of th� airpart. Furth�r, Sponsor shall nat a11ow aircraft direct
ground access io pri�ate pro�erty. Sponsor shail be sub� �e :l� .��!��±i _,
cammonly known as a"tk�rough-the--fence operation," �a�il�*��N;i; �t �:e���t��rC���t� s
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� granted in writing lay the �tate due ta extreme circumstances; and
it will acquire all property interests identzfied as needed for Che purposes of this
projecC a�d co�-nply with aIl appiicable state and federal laws, rules, regulations,
procedures, covenants and assurances requis'ed by the State af Texas or the FAA
in connection with the federal grant in tiae acquisition o� such property interests;
and that airport proper�y identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed fram such use without prior written approval af the State; and
j, the Spon.sar shall submzt to the State annual statements of airport revenues and
expenses as requested; and
k, all fees collected %r the us� of an airport oz' navigational faczlity constructed with
funds pravided under the program shalI be reasonable and nondiscriminatory.
The p�oceeds of such fees shall be used solely for the de�elopment, operation and
rnaintenance of the Sponsor's system of airport(s) ar navigatianal facility(ites).
Sponsor shall nat be required to pledge income zeceived from the mineral estate to
airport use unless state andlor federal funds were used to acquire the �ineral
estate of airport lands or any interests; and
1. an Airport Fund shall he established by resolutian, order or ordinance in the
treasury of the Sponsor, ox evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund sk�all be submitted to the State. Such fund may be an acaount within
another f�xnd, but must be accounted fnr in such a manner that al1 revenues,
expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole. All fees, charges, rents, and
rnoney from any source derived from airport aperatians must be deposited in said
Airport Fund and shall nat be diverted to the general re�enue fund or any other
revenue fund of the Sponsor. All expenditures from the Airport Fund shall be
solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prio�' to such subsequeni appraval of
a grant or loan, Sponsor has camplied with �e requirements of this subpa�agraph;
and
rn. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
n. ir�sofar as it is reasanable and within its power, Sponsor shall adopt and enforce
zaning re$ula�zans to restrict �he height of structures and use of land adjacent to or
in the innrnediate vicin.ity of the airport to he�ghts and activities compatible with
normal airport operations as provided in Tex. Loc. Govt. Code Ann, §§ 241.OD1 et
seq. (Vernon atid Vernon Supp.}. Sponsor shall alsa acquire and retain aviatian
easeme�ts or oiher property int�rests in or rights to use of land or airspace, unless
Sponsar can show that aequisition and retention of such interests will be
impxactical or will result in undue hardship to Sponsar. Sponsor shall he
ineligibie for a subsequent grant or Ioan by the State unless ��c��Ic�z:�ia5,,,��;F�j���
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such subsequent approval of a grant or laan, ado�ted and passed an airport hazard
zoning ordinance or order approved by the S�ate; and
a. it will provide upon request of the State, th� engineering or planning consultant,
and the FAA copies af any maps, plans, or reports c�f the project site, applicable to
or affecting the above project; and
�. after reasanable notice, it will permit the State, the FAA, anci any consultants and
contractars associaCed with this project, access ko the project site, and will ol�tain
permissian far the State, the FAA, and cansuliants and contractors assoc�ated with
this project, ta enter private property for purpases necessary to this praject; and
q. all development of an airpart construcied t�ith pragram funds shall be consisfent
with the Airport T.ayout Plan approved by the State and maintained by the
S�onsor. A reproducible copy of such plan, and al� subsequent modifications,
s�aIl be filed with the State �or approval; and
r. it shall �ake all steps, including litigation if necessary, to reca�er funds spent
fraudulently, wa�te�ully, or in violation o� F�deral antitrust statutes, or mist�sed in
any other manner in any pro�ect upon wluch Federal and State iund� have been
expended. For tt�e purposes of this grant agreement, the term "funds° means
fixnds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to this or any oiher grant agreement. It shall obtain the approval of
the State as to any determination of the amount of sueh funds. It shal� return the
recovered shate, including �unds recavered by set�lement, order ar judgment, �o
the State. It shall furnisln to the State, upon request, all documents and records
pertaining ta the determination oi the amaunt of the funds or to any settlement,
litigation, negotiaCion, or o�her efforts taken ta recover such funds. AIl
settlements 4P oth�r final positions of the Sponsor, in court ar otherwise,
in�olving the reeovery oi such funds shall be approved in advance by the State.
2, The Sponsor certifies io the State that it will have acquired clear title in fe� simple to all
praperty t�pon wkuch constructian work is to be performed, or have acquired a leasehold
on such groperty for a term of not less than 20 years, pr�or to the advertisement for bids
for such constructiQn or procurement af facilities that are part of the above praject, and
within �he time frame af the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
3. The Sponsor, to the exteztt of its legal authority ta do so, shall save harmless th� Stat�, the
State's agents, employees or contractors from alI claims and liability due tn activities of
the Sponsor, tl�e Sponsor's agents or employees performed under this agreemant. The
Sponsor, ta tne extent of its legal authority to da so, shall also sa�e harmless the State, the
S�ate's agents, ernployees ar contractors from any and al� expenses, including attorney
fees which might be in�urred by the State in litigation ar otherwise resistin� the claim or
liabilities which might be irnposed on the StaCe as the result of such activities by the
Spansor, the 5ponsor's agents or ernployees.
4. The 5�onsor's acceptance of this (�ffer a�d ratification and adopt��� ��h�, t�,��r��t`
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incorporated shall be evidenced by execution of this instrument by Ckae Sponsor, and the
Agreement shaIl comprise a eantract, constituting the obligations and rights of the 5tate
of Texas and the Sponsor with respect to the accomplishrnent of the project and the
aperation and maintenance of the airport. Such Agreement shall becorne effective upan
execution of th�s instrurn�nt and sha11 rernain in full force and effect for a period nf at
least 20 years.
5. Sponsor agr�es to provide a suitable location for pre-bid and for pre-constzuc�ion
conferences, and for the submission and opening of constructian bids.
6, The Sponso�' and not the State shall, for all purposes, be th� "Sponsor" of the proj�ct
identified ahove as defined in Title �9 U.S.C. Sponsor agrees to assume responsibiIity
for operation of ihe facility in campliance wzt� a�l applicable state and federal
requirements including any statutes, rules, regulation�, assurances, procedures or any
other diz'ectives before, during and after the completion of this project.
7. The Sponsar shall have an file with the State a c�rreni and approved Attorney's
Certificate of Airport Property Interests and Exlaibit A property map.
S. The Sponsor �hall have on file with the State, Aitachrnent C, Certz�ication Regarding
Drug-Free Workplace Requirements, attached and made part of this agreernent.
9. Unless oiherwis� approved by the State, tbe Spansor wi�l not acquire or perfnit any
contractor or subcontractor to acquire any steel or rnanufactured products produced
. outside the United States to be us�d for any project for airport deve�oprnent or noise
compatibility for which funds are provided under this grant. The sponsor wiIl include in
every contract a pravisian implernenting this special condition.
10. SPECTAL CONDI'1'ION: Except for instrument landing systems acquired with ATP
funds and later donated to and accepted by the FAA, the Sponsor must provide far the
cantinuous operation and maintenance of any navigational aid funded under the AIP
during the useful Iife of the equipment, The sponsor rnust check the facility, including
instrument landing systems, prior to corrjmissioning to ensure it meets the operatianal
standards. The Sponsor must also remove, relocate, or low�r each obstruction on the
approach or pxovide for the adequate lighting or marking of the O�]5�f'[1CCi0I1 if any
aeranautical study cor�ducted �nder FAR part i7 determines that to be acceptable; and
mark and light the runway, as apprapriate. The Federal A�iation Administratxan wil� not
talce over the ownership, operation, or maint�nance o� any sponsor-acquired equipm�nt,
except for instrument landing systems. �
11. SPECIAL. CONDITIQN: For a pxoject �o repIace or reconstruct pavement at the
airport, the Sponsor shaSl irnplement an effective airport pavement ma.intenance
rxianagement program as is required by Airport Sponsor Assurance Number 11. The
sponsor shall use such program for the useiul life of any paveinent construeted,
reconstructed, or repaired with Federal fi�ancial assistance at tne airport. As a m[nimum,
the pz'agram must canform to tY�e pravision� in Attachrnent D"Pavement Maintenance
Managetnent Program", attached and made �aart af this agreement. .
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Part rV� Nomination of the Agent
1. The Spa�sor designates the State as �he party ta apply for, receive and disburse all funds
used, or ta be used, in payment of the costs of the project, or in reirnbursernent to either of
the parties far costs incurred.
2. The State agrees to assume the responsibility to assure that a11 aspects of the grant are
done in compliance with aIl appiicable state and fed�ral requirements including any
statutes, rules, regulations, assurances, procedur�s ar any other directives, �xcept as
atherwise specifically provided.
3. The State shall, for aIi purposes in connection with tl�e praject id�ntified above, be tk�e
Agent of the Sponsor. The Sponsor grants the Stat� a power of attorney to act as its ag�;nt
to perform th� following services:
Recei'ving Disbnrsing Agent:
a. apply for, accept, receive, and deposit witn the State Treasury any and all �roject
funds granted, �llowed, and paid or made a�ailable by the 5tate andlflx t�e United
States under Title 49 U.S.C. and congressional appropriatian;
b. receive, r�view, appro�e and process Sponsor's reimbursement requests for
approved project costs; and
c. pay to the Sponsor, frorn granCed funds, the port�on of any approved reasonable
and eligi�le project C05t5 incurred by the Sponsor that are in excess of the
Sponsor's share.
Paying Agent;
d. receive, review, approve a�d pay invoices and paymern requests far services and
materials suppiied in accordance with State executed contracts;
Cnntracting Agent:
e, advertisa for professiot�al engine�ring andlor planning services far, but not limited
to, the preparation of planning studies, plans and specificatians foz` tk�e above
pro�ect and for the managernent of ihe constructiau of the above �rojeci; certify
consultant selection procedures; provide notification of contract award for
professional services; and negotiata professianal services fees; and execute, an
behalf of the Sponsor, a professional services agreement as related to this praject;
f. administer Disadvantage Business Enterprises (DBE) andlor Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agen�:
g, exercise such supervision and directian of the praject work a� �a� ��-p�����:� .,,
finds appropriate. Where there is an irxecancilable canf���:� �'�� ;�tf`���(td�,�;� p�'
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opinion, judgment, order ar direction between the State and the Sponsor, any
engineer, contractor, or materialzzaan, th� State shall issue a written order, which
shall prevail and be cQntrolling;
h. coardinate and review �aroject plans, specifications and construction; coordinate
and conduc� progz'ess and finaI inspections.
Construc�ion Phase:
i. authorize �he ad�+ertisement, receipt and ope�ing of bids for constntction af the
above project; and award contracts for construction of �he above pxoject and
acq�isitian of materials related to it; and execute, on hehalf of the Sponsor,
construction contracts as related to this project;
j, participate in pre-bid and pre-construction conferences; and issue arders as it
deems appropriate �'egarding construction progress, including but not� limited to
Notices to Praeeed, Stop Work Orders, and Change Orders;
k. r�view, approve and maintain record drawings.
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PART V - Reci�als
1. The Stat� and the Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, sha11 be the contractual party to all constructian and
professional service contracks entered inta for the accompl.ishment of this project. The
power oi at�orney, as granted by the Sponsor ta the State in Part IV - Nomination of
Agent, is a limited pawer io perfarm acts in connection with airport impro�ements as
specified in ar necessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract items, which are rec�ui,red by federal
and/or state re�ulatsons, laws and ordr:rs to insure satisfactory performance o€ contract
vendars. Such iterns include, but are nat liznited to, bid bonds, payment bond�, and
performance bonds. Pursuit and enforcement of contract items may require litigativn and
other remedies of law.
4. The United States and tY�e State of Texas shall not be .responsible or liable for damage to
property or injuzy to persans which may arise frorri, or be incidental to, compliance with
this grant agreement.
5. This Agreemen� is executed for the sole benefit of the contracting parties and is not
intendeci or executed for the direct oz' incidental benefit of any third party. Furthermore,
the Stake shall nat be a party to any other contract or commitment, which the Sponsor
may cnter into or assume, or have entered into or hav� assumed, in regard to the above
project.
�. Tf the Spoz�sor fails to comply with the conditions of the grant, the ��-v�?g�r ,�� -- .�
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notice to the Sponsor, suspend the grant in whole or in part. The notice of susgension
shalI contain the following:
a. The reasans far the suspensian and the corrective action necessary to lift th�
suspension;
b. A date by which the correetive action must be taken;
c. Notification that consideratian will be given to terminating the grant after the
corrective action date.
In the case of suspension ar terminaiion, ihe Sponsor may request the Stat� to reconsider
the suspension or termination. Suc� request for reconsideration shaIi be made within 45
days after receipt of the n�tice oi suspension ar terrr�ination.
7. This Agreement is suhject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, e� seq., (Vernan and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code ,Ann. §$ 241.001 et seq. (Vernon and
Vernon Supp,}, Failure ta comply with the terms of this Agreement or with the ru�es and
statutes shall b� considered a breach of this contrac� and will aIlaw the State to pursue the
remEdies for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of
this Agreement. I�, haweyer, after all reasonable attempts to require compliance
have failed, the State finds that Spansor is unwilling andlor unable ta comply with
any of the terms and conditions of this Agreement, the State rnay pursue any af
the following remedies: (1} require a refund of an� money expended pursuant to
the Agreement, {2) deny Sponsor's �utuz'e requests for aid, {3) request the
Attarney Genezal ta bring suit seeking reimburs�ment of any maney expended an
the praject pursuant to the Agreement, provided however, these remedies shall not
limit the Staie's authority to enforce its rules, regulations or orders as otherwise
prvvided by law, (4) declare this Agreement null and void, or (5) any othar
remedy available at law ar in equity.
b. Venue for resolution by a court of campetent jurisdiction of any dispute arising
und�r the t�rms of this Agreement, or for enforcernent of any of the provisions of
this Agreernent, is specifically set by Agreement of the parties in Travis County,
Texas. -
8. The State reserves the right to amend or withdraw tY�is Agreement at any tirne prior to
acceptance by the Sponsor. The acceptance periad car�not be greater than 30 days afker
issnaztce unless extended by the State, which extension shail not be unreasonably be
denied or delayed.
9. This Agreement constifiutes th� full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shal� not be modified, amended,
rescinded or revoked unless such modification, amendment, rescissi��_ �;a��.���: „
agreed to by both parties in writir�g and executed by laoth parties. ,'.:'�}r`'U��. •u�;,W� u��'��G ;' .
���'� ���'���'
- Page 10 af 26 �� _n 0�'��' �:
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitat�ons and restrictions binding upon the Sponsor and the State (including §� 5 and 7
of Article 11 of the Texas Constitution, if applicable) and to tbe availability of funds
which lawfulIy may be applied.
11. The �ponsor's acceptance of �his Agreement and ratification and adoption of tha Aizport
. Project Patticipation Agreement shall be evidenced by execution of this instrument by t�ie
Sponsor. This OfFer and Acceptance shall comprise a Grant Agreement, as provided by
the Titl� 49 i1.S.C., constituting the contractual obligations and rights af the United
States, the State of Texas and the Sponsor �rith respect to the accomplishment of the
Projeci and compliance with the ass�ranc�s and conditions as provided.
� ��;u'��,,�� . �.��;� .
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Pa�e 11 0� 26
Part VI � Acceptanc� of the Sponsor
The City of Fort Worth, Texas, does ratify and adopt all statements, represEntations,
warranties, co�enants and agreements constituting the described project and incorparated
rnaterials referred to in �he Agreement, and daes accept the Offer, and agz'ees to all of the terms
and eonditions nf the Agreement.
� r
Executed this _�� 1 day o� �✓v��.�@.A.., , 20�,
rth. Texas
_T -����
Witness Signat�lre
�i�.�,�.,;., ` ~.` �� A s s i�Ta �T C; T�, I"��n a� � r--
Witness Title Title �
Certificate of Sponsor's Attorne�'
I,��F:r % � �.y , act'sng as attorney for ;�, ;�/ � }' � � �T �1r v�7'�� .
Texas, do certify that I ha�ve fully examined the A�reement and the proceedings taken by the
Sponsor, and find that the manner of acceptance and execution, of the Agreement by the S�onsor,
is in accordance with the laws of the State of Texas.
Dated at �� �d1�'7�1
�,-�-� � � -
Witness Signature
., . � . �. �. t _ ,� , _
Witness Title
, Texas, this 1 qfl' day of �Z� �'►'� ��' , 20 l �,
f�� � ��� C�--/35a�
Attorney'�gnat�are /-2 q-- p�,.,
�1T�T�� ��
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Page 12 of 2b
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Part VII � Acceptance of the State
Executed by and approved for the Texas Transportaiion Commission far the purpose and effect
of activating andlor carrying o�t the orders, esiablished policies or work programs and grants
heretofore approved and authorized by the Texas Transportaiion Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATZON
By: �L� ��GL �,�2�C �e �-L.
i4arofl wIL�P.ril�il!il �?IIF'C.1(7, Vi�ili tl'�.yii�rtt}�l:��C
iiV18tYQtl DS1'1a��1f�
T2XdS D2(l'df[fTiEllt 0� Iiai�a;�tlr(���Ipl'�
Date: �/��/��
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Page 13 of 26 ' � � - -, - -
'� ` � ATTACHMENT A
CERTXFiCATIQN 4F AIRPORT FUND
The Sponsar daes certify that an Airport Fund has been established for the Sponsar, and that all
fees, charges, rents, and money from any source deriv�d from airport operatians will be deposited
for the henefit of the Airport Fund an.d will not be diverted far other general revenue fund
expenditures or any other special fiind af the Spansor and that all expenditures from the Fund
will be solely far airport purposes. Such fund may be an account as �art of anoCher fund, but must
be accounted for in such a znann�r that all revenues, expenses, retained earnings, and balances zn
the account are discernible from other types af rnoneys identified in the fund as a whole.
The Citv of Fort Worth, Texas
(5ponsor)
By: � �/� -
Title:,��a4 T� �T �: ?~ r. �� n sJ �.,-
�
Date: �� Cq—��
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Page 14 of 26 . _ ._ _
' � AT'I'ACF3MBNT B PART V ASSURANCES
Airpor[ 5ponsors
A. General.
These assurances shsill be complied with in the per%tmance of grant agreements for airpor[ development, airpart planning,
and noise computibility program grat►ts for uirpor[ sponsors.
Tl�ese assurances are required to be su6mitted as p�rt of the project Airport Project Participation Agreement (hereina@er
referred to as "APPA") 6y sponsars requesting funds under the provisions nf Title 49, U,S.C., subtitle VII, as amended. As
used herein, the term "pu6lic ugency sponsor" means a publ'tc agency with contmI oF a public-use turport; the term "privnte
sponsor" means a private owncr of a pu6lio-use airport; and tha term "sponsor' includes both puhlic agency spo�surs and.
private sponsors.
Upon acceptance nf tha grant offer by the sponsor, these assurances are incorporAted in ttttd become part af the gran[
agreement.
B. Durafion and Agplicab9lity.
Atrport deveiopment or No�se Cumpatihility Program Projects Undertaken by a Public Ageacy Sponsor. 'fhe terms,
condiGons and assurances of the grant ngreement shall remain in ful[ force and effect throughout the useful life of the
facilit9es developed or eqaipment acquired for an vrport development or noise computibi�ity �mgrAm project, or thro�eghout
the useful iife of the project items installed withat u facility under a noise compntibiliry program project, but in any event nnt
to exceed twenty (20) yeurs fmm the date of acceptance of a grant offer af Federai funds for tha project. Howeuer, there shull
be no limit on the duration pf the assurances regarding Exclusive RighEs and Airport Revenue so long as the stirpprt is used as
an nirport. There shall be no limit on the duration of the terms, conc�itions, und assurances with raspect tn re�l pmperty
acy¢ired with federal funds. Furthermora, the duration nf [he Civil Rights assurance shtili be specified in the assurnnces.
Airporf Aevelapment or 3Voise Cnmpatibility Projects Undertsken by a Private 5pnnsor. The preceding puragraph 1
alsa applies to A private sponsar except that the usefiel life of project items installed within a ft►ciliry or the useful life of the
fucilities develaped or equipment acquired under an airpo�k development or noise compatib9lity program project shall he no
less thpn ten (10) ye�us from the da�e nf acceptance of �ederal uid for the project. -
AirpotE Planning Undertaken by a 5ppnsor. Unless otherwise speciffed in the grant agreement, only Assurnnces 1, 2, 3,
5, 6, 13, f 8, 30, 32, 33, and 34 in section C upply to planning projects. 'd7ie terms, conditions, tutd Assurances of the grant
agreement shn11 remain in iull force and effect during the life of the project.
C. 5pnnsor Certi�ication. The sponsor hereby assures and cetti�es, with respect to this grant tha[:
General Federal Requiretnents. It wilf compIy with ai1 Applicuble Federal Iaws, regulations, executive orders, pol�cies,
guidelines, and requirements as t[�ey relate to the project, acceptttnce and use of Faderai funds for this pmject incIuding but
nat lintited to the following: �
k'ederaI Legislation
a. Tit�e 49, U.S.C., subtitle VII, as amended,
b. i3avis-Bncon Act - 40 U.S.C. 27fi(tt), et se .�
c, Federal Fair Labor 5tandards Act - 29 U.S.C. 201, et seq,
d. Hntch Act - 5 U.S.C. 1501, et seq.Z
e. Uniform Aelacation Assistance and Reai Property Acquisitian Policies Act of 1970 Title 42 U.S.C. 4bOl e• t sea.�
�
f. National Historic Preservativn Act of 1966 - Sectian lq6 - 16 U.S.C. 470(fl.`
g. Archeologicni and FIistoric Preservation Act of I97a - 16 U.S.C. 469 through 464c.�
h. Native Americans Grave Repatriativn Acc - 25 �1.S,C. Saction 3001, et_ sea.
i, Clean Air Act, P.L. 90-10.8, as amended.
�. Cnastul Znne Management Act, P.L. 93-205, as �nended.
k. Flood Disaster Protectian Act of 1973 - 5ect�on 1D2(t►) - 42 U.S.C. 4012a.�
1. Title 49 ,C,1.S.C., Section 303, {fonnerly known as SecEion 4(f})
m. Reha6ilituflan Act of 1973 - 24 U.S.C. 794.
n, Civil Rights Act of i964 - Tide VI - 42 U.S.C. 2000d thraugh d�.
o. Age Disctimination Act of 1975 - 42 U.S.C. 61Q1, et sea,
p. American Inditui Religious Freedom Act, P.L, 95-341, t�.s amende.�.
q. Architeclural garriers Act of 1968 -42 U.S.C. 4151, et s�e.c .1
r. P�ower plant and Industrial Fuel Use Act of i978 - Secuon 403- 2 U.S.C. 8373.�
s. Contract Work Hours and Safety 5tandards Act - 44 U.S,C. 327, et sen,�
t. Cvpaland Mtikickhack Act - 18 U.S.C. 874. �
u. NfAtional Environmental Policy Act of 1969 - q2 U,5,C. 4321 e, E Sea,�
v. Wild and 5cenic Rivers Act, P.L. 9Q-S42, as umended.
w. Single A�tdit Act of 1984 - 31 U.3.C. 7501, et sea•2
x. Drug-Free Workplace Act of 1988 - 41 U,S.C. 7fl2 through 7Q6.
Executive Orders
Executivc Order L 1245 - Ec�ual Employment Opportunity �
Execukive O�'der L 1990 - Protection of WeE[ands
Fxecutive Order L 1998 — Flood Plain Management
�xecutive Order L2372 - Intergavernmental Review of Federal Programs.
�xecutive Order L2695 - 5eismic Safety ofFederal and Feder�lly Assisted
Page 15 of 26
�
lYew Building Con�#uk�{ � �,���'�'��" �
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' ' � Executive Order 12898 - Bnvironmental3ustice
Federai ltegulations '
a. 14 CFR Pnrt 13 - Investigarive and Enfnrcement Pro�edores,
h. 14 CFR PArt 16 - Ru1es of Practice For Federaily Assisted Airport EnForeement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility p]anning,
d. 29 CFR Part 1- Procedures far predeterm3narion of wagc rates.' �
e. 29 CFR Part 3- Contractors and subcontractors on public building or pn6lic work financed in whole or part by
]oans or grants from the United 5tates.'
F. 29 CFR Part 5- I.abor stand�rds provisiens applicable to contructs covering federally financed and ossisted
constzuction (also fabor standtxrds provisions applicable to non-construction con�rActs suhject to the Contract
Work �-Tours and Sufety Standnrds Act).�
g. 4 i CFR Part 60 - qfFice af Federril Contract Compliance Prograuns, f�yual Empioyment Opportunity, Departrnent
of I.uaor
(Fedexttl und federally assisted contracting requirements).`
h, 49 CFR Purt I8 - Uniform administrative requlrements for grtu�ts and cooperAtive agreements to stnte and local
governments.3
i. 44 CFR Part 20 - iYew restricdons on lobbying.
j. 49 CFR Part 2I - Nondiscrimina[inn in federally-assisted progrsims of the Deptrriment of Transportadon •
effectuatlon nf Title VI oP the Civil Rights Act af 19SA.
k. 49 CFR Part 23 - Pnrticipntion 6y DisadvpntAge Business �Snterprise in Airport Cancessions.
1. 49 CFR Part 7A -Uniform relocat'sna assistunce und res� proparty acquisitinn for FederaI and federally ass�sted
prograrqs.� �
m. 49 CFR Part 26 — Partecipation By I]is�dva�ntaged Susiness Enter}�rises in Dep�nent of Trnnsportation
Prograrns.
n. 49 CF'R Part 27 - Noa�dis�rimin¢tion on the basis of N�andiclp in progrtuns and activities receiving or 6enefiting
from �ederai
tintmcisil assis[nttce.'
o. A9 CFR Part 29 -- Government wide debarmeet and suspension {nun-procurement) And gvvemment wide
re9uirements for drug-f�ee workpIuca (grunts).
p. 49 CFR Part 30 - Den[al of public works conttacts ta suppliers of goads ttnd services af countries thAt deny
procurement market nccess to U.S. contractors,
q. 49 CFR Part 41 - Seissnic safety of Feder�l and federaqy assisted ar regulated new 4uilding construcrion.'
qFt3ce nf Mtutagement and Budget Circulars
a. A-87 - Cost Principles Applicnb[e to Grants and Contracts with SYate and Locai Governments.
b, A-133 - Audits of 5tntes, Local Gavernments, and ]�lon-Profit Organizations
(1) These laws do not apply to oirpor[ planning sponsors.
(2) These Iaws dn not apply to private sponsors.
(3) 49 CFR Part I S ffnd OMB Circular A-87 contain requirements far 5tate and Locn! Cravemments
receiving Fetleral nssistance. Any requirement levied upoa St�tte and Local Governments by this
regulation and circular shall also 6e applicahle to pri�nte sponsors receiving Federal assistance undar
Tide 49, United States Code,
Specific assurances required to be included in grant agreemenfs by uny af thc nbove laws, reguIutions ar circulsus mre
incorparnted by reference in Ehe grant agreement.
2. ItesgonsibiliEy aud Authority oF the 5gonsor.
a. Public Agency Sponsor: C[ hus legal auihnrity to apply for the grunt, and to finance pnd cArry out the propased
project; that u�esaltition, motion or similar action has 6een duly Adopted ar passed tLs an officinl act oFthe
applicant's govami�g body authorizing the filing of the APPA, incl�ding al� understundings and assnrances
coRtsuned therein, and directing and uutharizing t6e persnn identified as tfie official representative oF the applicant
to act in connecfion with the APPA nnd to provide such addit�onal informatian �es mAy be required.
b. Private Sponsor: It has ]eg�l author�ty to apply for the grAnt And ta f n�nce and cvey out the proposed project
and comply with �II terms, conditions, smd assurances af this gr�nt agreement. It sh�ll designate an official
m}�resentative nnd shall in writing direct and authorize fhat person tv file Fhis APPA, including ull usderstt►ndings
and assurances contuined the�ein; to act in cunnection with this APPA; and ta provide such additional information
as may be required.
Sponsor Fnnd Avails6ility. It hns suf�cient funds uvuilable for thpY portion of the project costs which are not ta be pnid by
the lTnited 5mtac. It as sufFicient funds nvaiiab]e to assure operation u�d maintenance ai items funded under the grnnt
agreement which it will own or cantrol.
Good Title.
st It, a public agency or the Fedarf►I gqvemment, holds gnQd title, satisfaetory to Ehe Secretary, to the landing nrea oF
the airport or site thereaP, or will give assurance satisFactory to the 5ecretary thac gaad tit�e will 6e acquired.
b. For noise compnflbility progravn projects to be carried out on the property nf the sponsor, it holds good fltle
satisfactory to ffie Secretary to that partian of the Property upon which Federal funds wi11 be expended or wiIl give
assurance to the Secretary that good title wiil 6e ohtained.
Preserving Rights and Pawers.
Page 16 of 26
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i
�' ' a. It will not take or perrni[ any actian which would operate to deprive it of any af the rights and powers neeessary to
perform any or nl! of the terms, condilions, and assura[ices in the grt�nt agreement without the written approval af
the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims ofrigh[ of
others which wottld in[erfere with such perFormance 6y the sponsor. This shx116e dane in u msmner accepta6fe to
� the Secretary.
b. It will not sell, Iease, encumber, or otherwise tra�sfer or disposc of any pact of its iitie or ofher interests in the
properiy shown on Exhibit A to this APPA ar, £or u nqise compatibility pragram project, that portion of tha
proper[y upon which Federal funds E�ave been expended, for the duration of the terms, conditions, and assurances
in the granf agreement wethout approval hy [he 5ecretary. If the iransferee is found by the 5ecretury to be eGgible
under Title 49, Uniked Stntes Code, to assume ihe obligations of tE�e grant agreement and to hAve iha power,
� autharity, tu►d financiul resources Eo carry out �ll such o6ligntions, the sponsor shuil insert in the co�tract or
document transferri�g or dispasing of the sponsors interest, a�d malce binding upon the trunsferee all of the
terms, conditions, and assurances con[ained in this grant ugreemen[.
c. For afl noise campatibility pragram projects whi�h ure to be carried out by another uni[ oi local govemment or �re
on property owned 6y a anit of local government athcr than the sponsor, it will enter into an agreement with that
government. �xcept as atherwisa specified hy the 5ecretary, that ngreement shttll o6ligate that government tv the
same terms, condiuons, tuid assurances tliat would he applicahle to it if it upplied directly to the FAA for A grant
to undertake the noisa compatibility program project, That agreement tuttd changes thereto must be sutisfactnry to
tlse Secretnry. It will taice steps to enEorce this agreement against the local government if [here is substanGtil non-
cpmplianca with the tcrms of the agreement.
d. For nvise eompAtibility program projects to be carrsed out on privAtely owned property, it will enter into an
agr�emant wich the owner of that property which includas provisions specified by the Secretary. It ruill take steps
to enforce this agreement against [he property owner whenever there is substantial no�a-cornglit�nce with the tertus
of the agreement.
e. If the sponsnr is a private sponsor, it will take steps satisfactory to t�a Secretary to ens[tre that the airport will
con[inue to function as u public-use airpork in, accordunce with these t�ssurances for the dttxation of these
assurmtces.
f. If un Arrangement is made fpr management and operutian of the airport by any agen�y ar parson nther tkan the
sponsor or an employee of thc sponsor, tha sponsor will reserve sufFcient rights and authority to insure that the
Airpart will be o�eruted nnd maintained in accordance Title 49, United 5tatas Code, the regalations and the terms,
canditions and assurances in the grant agreement and shall insure that such urrangement �Isa requires compliance
therewith,
6. Consistency with Lacal Plans. The project is reasonably consistenE wi#h plans (existing 1t the time of submissinn of Ehis
APPA) nf public agencies that ure uuEharized by the State in which the project is located to plun for the development of the
area surround'fng the airport.
7. Cousideration o£ LocaT Interest._ It has giyen fair consideration to the interest of communities in or near where the groject
may be located.
8. Cousnitatfon with Users. In making u decisian to undertake any airpqrt deve[opmeql project under Tide 49, United SEates
Cade, it has undertaken reasonaUle ConsulYatipns with �ffected parties using tfie tiirpart at which praject is proposed.
9. Public �earings. In projects invoiviug the location of an airport, an airport runway, or a ma,�ar runway extensio� it has
ufforded tha opportunity for public hearings fur the purpose of considering the eeonomee, social, and enviroamer►tal effects of
the airpart or runway location and its consistency with goals and ohjectives of such planning as has 6een carried ou[ hy the
community and it shaEl, when requested by the 3ecretary, submit n copy of the transcript oF such hetuings to the Secretaty.
�rther, far such projects, it has on its manugement board eiYher voting representation from tfie cammunities where the
prnject is ]ocaCed or hrtic ndvised the communiEies that they have the right to petiuon the Secret+ary concerning a proposad
project.
10. Air and Water Qoality Standards. In projects involving airpprt location, a major runway extension, or runway loctttion it
will provide far the Govcirnor of kha state in which the project is lacated to certify in wriiing tv the 5ecretary thAt the project
will be located, designed, constmc[ed, and operated so as to comply with �pplicable uir and water q�aliry standards. In any
cuse where such standards have not 6een approved and where applica6le sir and water guality st�ndards have 6een
promuEgated by the Administrator of the Environment�I Protectinn Ageney, certification shali be a6tuined fram such �
Administrator, iVotice of certiflcation or refusaF to certify shal! be provided within sixty days after the project APFA has been
received by the 3ecretury.
11. Pavement Preventive Maintenanee. With tespect tv a project approved afterlanutuy 1, 1945, for the repiacement or
reconstruction of pavement ¢t the airpnrt, it assares or certifies that ir has implemented tui eFfective airport puvement
mttintenance-manugement program und it ussures thnt it will �tse such program for the useful ]ife of uny puvement
conskructed, reconstructed or repaired witt� Federal financia! assistance at the air�ort. It will provide such reparts on
pavement condiEion And pavement mar�agement prngrams as t3�e 5ecretary detennines muy be useiui.
12. Terminal Development Prerequisites. For projecYs wl�ich include terminttl developme�t at a pu6lic use airport, us defined
in Title 44, it h�.s, on the date af suhmittal of the project grant request, all the safety equipment required for certificauon of
se�ch airport under section 447D6 afTitle 49, United 5tates Code, and �Il the sacurity equipment required by rule or
regulatEon, nnd has provided for access ro the passenger enplaning and daplaning tue¢ of such airport to passengers enpinning
and deplaning from aircrtih other th�u► nir cattier �ircraft. � _
13. Accounfing System, Audit, and Recard ICeeping 1LeRuirements. .
a. It shall fceep ttli project accounts and records whieh fully disclose the amount nnd ��les4���a�oa�, �^ =h-:rti�ipieff :,z
f
Page 17 of 26 ' � ' �i ':' �
'� the proceeds of the grant, the total cost of tha project in connectian with which the grant is given or used, And the
amount or nature of [hat poflion oP the cost of the project supplied by other sources, and such other �nancial
records perlinent Ca the project. The accounts and records shAll be kept in ¢ccordance wiih an accounting system
that will facititate an effecti�e audit in accordance wilh Ihe Single Audit Act of 1984.
b. it shall make avai[u61e [o the Secretary and the Comptroller Genersil of the United States, or any of their duly
authorized representatives, for the purpose of atedit t►nd examination, any hooks, documents, papers, and records
nf the recipient thut are pertinent to the grant. The Secretnry may require that an appropriute audi[ be conducted
by a recipient. In any case in which an independent uudit is made of the accounts of a spartsor relatiRg tq the
disposition oi the proceeds of u grant or re[ating ta the project in connecrion with which the grant was given or
used, it sFuill file a certified copy of such audit with the Comptroller General of the United 5taees not later than six
(6} months following the close of t�e fiscal yenr for which the audit was made.
I4. Mi�imum Wage liatrs. It shal[ include, in all contracts in ex�ess of $2,004 fnr work on any projects funded under �he grant
ngreement whicl� invalve [abar, pravisians estabiishing r�tinimum rnkes of wages, to 6e predetermined by the 5ecretary of
I.ahor, in uccorduncc �vith the Davis-Bacon Act, ns amended {40 U.S.C. 276a-276a-5), which cantrtectots shstll pay ta sfcil7ed
and unskilled luhor, and such minimum rates sh�li be stated in the i�vitation for bids and shali be include[i in propasals or
bids for the work..
15. VcierAn's Preference. ]t shnll include in all cantrActs for work on any project funded under the grunt u$reement which
invol�e la6or, such provasians us are necessary to insure that, in the employmen[ af labor (eaccept in executive,
t�dministr�tive, and seepervisory positivns), preference shalE 6e given to Veterans of Ehe Vietnam era und disahletE veterans as
defined in 5ection 47112 of Title 4�, United 5tates Code. However, tl�is preference shall upply only where the individuals �re
available and qualified tp perform the work to which Yhe employment xelates.
Ib. Conformity ta Plans and Sgecificatians. Tt will execute the project subject to plans, specificAtions, and schedales
approved by the Secretary. Such pEans, speciflcauons, tutd schedules shall be submitted ta tite Secretary prior to
commencement of siTe preparation, construction, or other per%rmance under this grant ttgreemenE, and, upon approval of the
Secretary, sha11 he incorpora#ed fnto this grant ¢greement. Any modificatian to ffie approved plans, speci&eations, nrcd
schedules shall also be subjeet to opprpval of the Secretary, nr►d incorporated into the grant agreemen[.
I7. Construction Tuspectinn and Approval. It will provide and maintnin coEnpetent technical supervision at the construcuon
site thro�ghput the project ta assure titaE the wark conFarms ta [he plans, specificAtions, and schedules approved by the
Secretary For the project. It sha�l subject the construction work on any project contained in An approved project APPA to
inspection and approval by the Seeretury and such tr+ark sh�ll Ue in accordance with regulations und procedures prescribed by
the Sec�Fary. Such regufntions und procedures shall reqvire such cost and progress reporting by the sponsor or spansors of
such project as the 5ecretary shall deem neeessary,
I8. Planning Projects. In carrying out planning projects: �
a. It will execute the pxojecE in accordance with the approved progrum namative contained in the projact APPA or
with the modifieations similarty upproved.
b. It wilf furnish the 3ecratary with such periqdic reports s�s required pertnining to the plturning project and plann9ng
wark nctiviti�s.
c. It wilf include in all puhlished material prepnred in connection with the planning praject u nQtice that tha material
was prepared under � grant provided hy the Uaited 5tates.
d. It wi11 make such maCerial available for examiaation by the pubIic, and Agrees that no mutedal prepared with
funds under this project sha11 be subject to capyright in the [Tnited States or any other country.
e, It will give the 5ecretary u�restricted Authority t0 puUlish, disclose, distrihtete, and otherwisa use any of the
muteriat prepared in connetlion with this grant.
f. If will grant the Secre[tuy the righE to disnpprove the sponsat�s employment af specific consultants nnd their
subcontrnctors to da al! or Atty part of this project as well as tha right to disapprove the proposed scope tind cost of
praFessiona�servi�es.
g. lt will grnnt the Secretary the right ta disapprove tha use af the sponsor`s employees to do all or any part of the
project.
h. It understands and agrees that the Secretary's npprovaI of this project grant or the Secretary's approva! of any
plunning material developed as part of this grant daes nat constiiute or imply any assurance nr commitrnent on the
part of the 5ecretary to upprave ony pending or future request far a Federal airport grant. -
19, Operution and Maintenance.
. a. The airport tmd all FnciliYies which are neeessary to serve the aeronautical users of the airpor[, other than facilities
owned er controlled hy the Uni#ed 5tates, shull be operated at all times in a safe and serviceubfe condition and in
accordance with the minimum standurds us may he required or prescri6ed by applica6la Federtil, state and local
agencics for maintenance und operation. it will not cause ar permit any activity or nction thereon which would
interfere with its use for airport purposes. It wiil suitably operute and maiotain the ttirport and a!I facilities thereon
or connected tharewith, with due regard to climatic tutd tlood conditions. Any proposal to temporarily close the
airport for non-uaronautica! purposes must first ba Approved 6y Yhe Secretary.
Tn furtherance of this assnrance, the spansor will have in effect arrangements for-
(1) Operating the ttirport's aemnauticttf faciliEies whenever required;
(2} Promptly marking and lighting hazards resulting Frorn airport cvnditians, including temporary conditions; �nd
(3) PromptIy notify9ng airmen ai �y cond9tion �ffecting aemnautical use of the airpu�:,
Nothing contained herein shall be construed to require that the Airport he operated fo� i�t��Fipj��{r���isr di�ti r;� �,
temporary periods when snow, flood or other climatie conditions interfere with such c�e�uuvn �anu�maintei�ctinc� '
Page I S of 26 �- �_ '�-
'' Further, nothing herein shall bc construed �.s requiring the maintenance, repair, resteratian, or replAcement of any
struc[ure or facility which is subscuntially dam�ged ar deskroyed due to an act af Gud or other conditinn or
circumstance beyaod the contro] nf the sppnsor.
b. It will suitably operate und maintain noise compatibiiiry program items that ik owns or controls upan Which
Federalfunds have been expended.
20. Hazard Removal and 14fiti�atian. It will take appropri¢te uction to assure that such terminn� airspace as is required to
protect instrument and visu�l operations to the airport (including asta6Eished minimum flight altitudes) will be ndequately
clenred and protected by removing, lowering, relocating, marlcing, oa lighting or othenvise mitigating e�cisting airport haaards
and 6y pre�enking the eskahlishment or creatian of future airport hazards.
21. Compatibfe Land Use. It will take uppropriate action, to ihe extenE reasonable, inclading the adoption nF zoning laws, to
restrict the use of land adjacent co or in t�e immediate vicinity of the �irport to activities And purposes compati6le with
norm�l airport nperadons, including IFtnding and tal:eoff of ttircrnft. In addition, iF rhe project is for noise campatibility
prugram implementation, it will not cause or permit any ahange in ]nnd use, within its jurisdictien, that wiii reduce its
compatihiliry, with respect to the airport, nf the naise compatibility program met�sures �pon which Federal funds have 6een
expeoded,
22. Eea�omic Nandiscriminaiion.
a. It wiil ma[ca the airport available as un airport for public use on reasonahle terms €utd without unjust
discrimination to alf types, leends �nd classes af aeronautic�I aotivities, including commercial ueronautical
activitics vffering services to the �u61ic at the airport,
b. In uny agreement, contruct, lease, or other arrangement under which a right nr privilege at the airpoft is gzanted to
nny person, Hrm, or corporation to conduct or to engage in any ueronautica! activity for furnishing seFvices ta the
puhlic at the airpart, the sponsor wi11 insert and enforce provisions reyuiring the contractar to-
(l) f�rnish said services on u reasonable, and not unjustly discdminatory, busis to a!1 users thereof, and
(2) charge reasonable, and not unjustly discrirninatory, prices for each unit or service, provided that tha contractor
may be ullowed to make reasonahle ru►d nondiscriminatory discounts, rebutes, or other similar types of �-ice
reductions to volume purchasers.
c. Each �xed-bAsed aperator at the nirport shnll be subject to the same rates, fees, rentals, and other charges ns are
uneformly npplicable to all other fixed-based operators �naking the sa�ne nr similar uses af such airport ru►d
utilizing the same or similar facilities.
d. Ench air carrier using such airport shnll have the right tn serviee itself or to use atiy fixed-based operator that �s
Autharized or peanitted by the nirport to s�rve �tny air currier at such rurport.
e. Each bir carrier using such auport (whether �,s a tenant, nontenant, or subtenant of another air carrier tenant) shall
he subject to such nondiscriminutary aad substatttially comparable rules, regulations, conditions, rates, fees,
rentals, �nd oYher charges with respect to fucilities directly and substantially relaEed to pro�iding air [ranspor[ation
As t�re applicable tv all such qir c�iers wl�ich make similar use of such airport and utilize similAr facilities,
subject Eo reasonable classifications such as t�nants or nontenants and signatary caniets and nonsignatory
carriers. Clossifcation or st¢tus as tenant ar signatory s6a11 not 6e unreason�bly withheld by pny airport grpvided
an air carrier pssumes obligutions suhstantially simi[ar to those alr�:udy imposed on uir carriers in such
classification or status.
F. Tt will aot exer�ise or grant any right or privilege whech operates to prevent any person, firm, or corporation
aperati�g �ircraft on tha airport from performing any services on its own aircraft with its own emplayees
[ineluding, but not limited to mvntenance, repair, pnd fueliag] that it may choose to perform.
g. 1�► the event the sponsar itselF exereises any o£ the rights und privileges referred to in this assprAnce, the services
involved will be pmvided on the same conditior�s as would appfy to the furnishing of such services by commercial
aeronautical service providers uukhodzed by the sponsor under these provisions.
h, The sponsor may establish such reasonable, and nat unjustly discriminafory, condidons to he met by all psers of
the airport as may be necessary for the safe and eff[cient operation of the pirport.
i. The sponsor may grohibit ar iimik any given type, kind or class of aeronauticul use of the uirport if such Action is
necessary for the saFe operation of the airport ar necesssvy to serve the civil aviation needs of the publtc.
23. �;xcTusive lt►ghts. It will permit no exclusive right Far the use af the �irport by any person providing, or intending to
provide, aeronauucal services ta the public. For purposes of this parAgraph, the providing of the services at an airpart by a
single fixed-h�sed operAtor shall not 6e construed tis t�n cxclusive righE if hotlt af the folEowing appfy:
a. It would be unreasonably costly, burdensome, or impractical for more than one fxed-hased operaior to provide
such services, and
b. Tf allowing more th� one ftxed-6ased operator to provide such setvices wauld require the reduction of space
leased pursuant tv an existing agreement hetween such single iExed-based o�rerator and such airpnrt.
It further agrees thut it will not, either directly or indirectEy, grunt or permit any person, fum, or cprporation, the axelusive
right ut the airport to conduct any aeronautical actevities, induding, but not firnited to charter fleghts, pilot iraining, pirc�aft
rental und sightsceing, periul photogmphy, crop dusting, Aerial Adve�tising und surveying, air carrier operatiuns, aucraft sales
and services, saEe of uviaflon petmleum piraducts whether or not conducted in conjunrxion with other aeronuutical activity,
repair and mainCenance of aircraft, sale of aircraft parts, nnd any other aCtivities which bec�ose of their direct reiatiqnship to
- the operation of vrcrafC cun be regarded as an
aeronautical aciivity, and that it will terminate any ezclusive right to conduct arE aernnautical activity now existing at such an
airport before the grant of any nssistance under Title 49, United States Code.
24. Fee and RentaI Slroctore. It will maintai� A fee �nd rentat structure for the facilities and se vyc;en�n�t}��ir.potk�whiG�.=`�'iL�.
make the airport as self-sust�ining as possihle under the circumstances eacisting At the particu�IIl „ie�r ��� f�ftu(� i��.� _�*C�nk
such foctnrs �.s the voEume of trat'tc and economy nf collection, No part aithe Federal share -if d�� hltp�r�ii�l�Vel��itk��st.
airpnrt plaiming or noise camp¢ti6ility project for which a grant is made under Title 49, Uni�d �il�� �i p�Pp �Fji� +gEEP{;;� �
Page 19 of 26 - "= ���
Airway lmprovemen[ Act of 19$2, the Federal Airport A�t or the Airpa[t and Airway Develppment Act pf 1970 sha11 he
inc[uded in the rate basis in estahlishing feas, tates, and charges for users nf that airpori.
25. Airport Revenues.
A. All revenues generaked 6y the airport and any local talces on a�iaiion fuel esta6Gshed after Decembar 30, 1987,
wili be expemded by it for the capital or operating costs qf the �ort; the local airport system; or other local
fucilities which are owned ar aperated by die owner or operator of tha airport tmd which nre direcUy tmd
substantially related to the actuul air transportntion af pnssengars or proper[y; or for nvise miugatian purposes on
ar nff the airport. Provided, however, that if covenants or assurances in debt a6ligations issuetE hefore September
3, 1982, by the owner Qr operator of the tiirport, or provisions enacted 6efore Sep[emher 3, 1982, in governing
s[aCutes contralling thc owner or operatofs financing, provide for the use oF [he revenues from any of the airport
owner or o�erator s facilities, includiog the airport, to supporE not only the airpart hut also the tiirport owner or
opera[ors general debE obligations or other facilities, then this litni#ation on [he use of all revenues generated by
the airport (and, in the case of a pu6lic airport, local taxes an uviativn fuel) shall not apply.
b. As part of the annuvl ar�di[ required under tha 5ingle Audit Act of 1484, the sponsor wil! direct that the Audit will
review, tind the resulung aadit repor[ wil] provide cu� opininn cancerning, fhe tEse nf airport revenue tind taxes in
paragraph (a}, and indicating wh�ther fun8s paid or transferred to the owner or aperutor are paid or Eransferred in
n mannar consistent with'iitle 49, United 5tates Code and any other appl'tca6le provision of law, including any
regulation pra�nulgatecl by the 5scretary or Administrator.
c. Any civil pena[ties or other sanctians will be imposed for violation of this assurance in accordunce with the
provisions of 5ectian 47107 qf Title 49, Unitad States Code.
26. Reports and InsPeMians. 1t will;
a. submit tn ihe 5ecretary such annual or special financial and operations reports t�,s the 3ecretary may reasonahly
request and make such reports a�ailahle to the public; ma[ce uvailable to the public aE reasonable times and pl�ces
u report af khe airport budget in a format pmscribed by the Secretary;
b. for �irporE development projects, mAlca the airpart nnd all airpor# records nnd documents af%cting the uirport,
including deeds, leases, operution nnd usa agreements, regulations nnd ather instrmnents, available for 't�spectian
by any duly autharized agent af the Secretary upon reasonable raquest;
c. far noise campati6ility program projects, mttke records and documents refating to the project and continued
compliance with the terms, condilions, and z�ssurances of the grant agreement incluHing deeds, leases,
agreements, regula[ions, and other instruments, available for inspection 6y any duly authodzed ngent of the
Secretary upon reason¢ble request; and
d, in A foiznat pnd tima prescrihed by the Secretury, pro�ide to the Secrettuy and ma[ce available to the public
following each of iis fiscal years, an annuaf repart listing io detzil:
(i) all amounts paid by the airport to uny other unit of governmertt and the purposes for Which euch such
puyment was made; and
(ii) all services and property provided hy the airport ko other units of govemmenE and the a�nount of
compensauon received for provision of each such service �nd praperty.
27. Use by Government Aircraft. It will mnk� Avaalable ap of the facilities of the airport de�eloped with Federal finaneitil
ussistunce and all thase usable For landing ttnd takeoff of aircraft to the United 3tates For use 6y Goverrtment aircrnft in
common with other air�raft at all limes without charge, axcept, if the use hy Government aircroft is substanEial, chaxge may
be made for a ieasona6le share, propoftiontil to such use, for the cost of opersiting and maintaining the facilities �sed. Unless
otherwise detennined by the Secretary, or otherwisa agreed to by the sponsor tind the using agency, suhstantial use of an
virparf by Gqvernment uircraf[ will be cansidered to exist when operalians of such aircrqft are in excess of those which, in
the opinion of tEie Seczetary, vfould t�nduly interfere with use of the kunding areas by other authorized siircraft, or during tiuy
calendar month thAt-
a. Five (5) or more Government Aircraft are regularly based at the uirport or on lund adjacent thereta; or
b. The total number of movements (cvunting each [anding ps a movement} of Govemment uircrsif't is 300 or more,
or the gross Acc�mulative weight of Govemment vrcraft using the uirport (the tot�I movement of Government
aircraft multipIied by gross weights of such vircraft) is in excess of Fve mil[ion pounds.
28. Land for Federal Facilities. It wiil furnish withaut cost to the Federal Government for use in connection with tuty t�ir traffic
cnntrol or uir navigation activitees, or weather-reporting und communicauon uctivities rela[ed ta tur traffic control, uny ureas
� . of land ar water, or estate therein, or righis in huildings of the sponsor as the 5ecret�ry considers necessary or desirable for
constmctian, operat�oR, and maintenance ut Federal expense of space or fAcilities far such purpases. Such t►reas or any
portian thereof wili 6e made avpilnlala u5 grovided herein within faur months after receipt of u written request from ti�e
Secretary.
29. A�1'[�Oxt T.Ay4U� P�II.
a. It will keep up to date at ti]l times An airport layout plan of the airport showi�g (l) boundaries of the airpoet and al1
proposed additeons thereto, together with the boundaries of all oFEsite are�.s owncd or cvn[rolled by the sponsor for
uirport purposes and proposed addiuons thereto; (2) the location and nature of �IE existing and prapnsad airport
faci[ities and struc[ures (such as runways, taxiways, aprons, kerminal6uildings, hangfus and roads), inc2uding ull
proposed extensians and reductinns of existing airport facilities; und (3j tha location of all existing and proposed
nonaviation areas and of aIl existing improvements thereon. Such airport layout pians and each tunendment,
revision, or modification thereaf, shall be subject to the appravzil of thc 5ecretary which approval shall 6e
evidenced 6y the slgnatura of a duly �uthorized representncive of the Secretary an the face of the airpart luyout
plAn. The sponsor wilt not mkke or psrmit any changes or �Itcrrxtions in the turport nx�r.-oF.its,facil�#��hisrt
are not in canformity with the uirport layout plan as �rpproved lay tha Secretary Anq v;hjC�t�yR�t�t�,i� t, .: �;!}e7���b:�n �
tl�e 5ecretary, Adversely aftect the saFety, utility or efficiency of the airport. . :' �� �- ��' t,." ,
����i� �C,� -:--�
_ Page 20 of 26 ��� �`'i����� ��°
, 4 � h. If a change or a[teratian in the airport or the facifities is made which the Secretary determines adverse[y affects
tlae safety, utility, or efFiciency of ony federadly owned, leased, or funtled pmperty on or ofF the airpart And which
is uot in conformity with the Airport layout plan as npproved by the Secretary, the owner or operator wif[, if
requcsted, by the Secre[auy (I) elirninate such udverse effect in � mAnner approved by t[�e Secretary; or (2) bear
all costs of relucating such properiy {flr replacement thereti� to u site acceptable to the Seeretaty und ull costs af
restaring such property (or replacament tE�ereot} to the level of safety, utility, afflciency, and cost af operatinn
existing before the unapproved change in the air�iort or its facilities.
34. Civil RighLs. It will comply wi�h such ru[es as are promulgated to kss�re that no person sh�ll, an the grounds of race, creed,
color, national orxgin, sax, age, or E�andicap be exc3aded from garticipating in Feny activity conducted with or henefiting from
funds received from this grant. This Assurance obiigates the sponsar for the pedod during which Federsil financial �issistance
is extended tu the pragram, except where� F�ederat financiAl s�ssistance is W pravicte, or is in the form of personnl property ar
reszl property ar interest therein or structuras or impravements thereon in which cnse the assursince obligates the sponsor or
any trausferee far the longer of the foliowing periods: {a) the periad during which the property is used for a purpase for
which Pederal financial assistance is extended, nr for another purpose involving tGe provision of similar services or henefits,
or (b) the period during which Ehe sponsor retains ownership or possession of the property.
3I. Aisposal af Land.
n, For land purchasad under n grant for aitport noise compatibility purposes, it will dispose of tha land, when the
I:uid is no longer needed for s�ch purpases, at fair murfcet v�lue, at the ecu�liest practic¢ble Gme. That portiou of
khe proCeeds of such disposi6o� which is �roportionate ta the United States' share of Acquis'stion of such land wi11,
at the discretion of the 5eeretnry, 1) b0 paid to tl�e 5ecretary for cleposit in the Trust Fund, nr 2) he rein�ested in
un approved naise compatibiIity prqject as prescri6ed by the Secretazy.
b. (1) For land porchased under u grs�nt for airport development pnrposes (other than noise compatibiliry), it will,
when thc land is no longer needed for airport purposes, dispose af such land nt fair m¢vket value or malre
avnilable to the Secret�ry ua amount equal to Ehe iJnited 5tates' prnportiona[e share of the fair market value of the
land. That portion af the proc�eds vf such disposetion which is proportionate to the United Statcs' share af #he cost
of ncquisition nf such is�nd wil[, (n) upon application to the 5ecretary, 6e reinvestsd in annther eligible aic�ort
improvement project or projects approved by the Secretary at that airpozi or with'rn Ehe national �irport system, oe
(b) be ptud to the Secretary for deposit in theTrustFund if no eligihle praject exists.
(2) Land shail bc considered to 6e needed for airpoR purposes under this t�ssurance if (a} it may he necded for
aeronautic�l purposes (ineluding runway protection zones) vr serve as naise buffer land, and (b) Ehe reven�e from
interim uses af such land contributes to the itn�cial selF sufficiency of ihe airport. Further, 1and purchaseti witl� a
grant re�eived by an uispost operacor or ownet before December 31, 1987, will be considered ta ba needed for
airport p�rposes if the Secret�ry or Federal agency making such grant be%re Decemher 3l, 1987, w�.s �otified by
the operator or owner of the uses of such iand, did not objeet to such use, and the land continues to be used for
that purpose, such use having commenced no later than December 15, 1989.
c. Disposition of such Itu►d under (�) or (b) wiU be subject to Ihe retentEon or reservfltion of siny interest or right ..
therein necessury to ensure that such land wiEl only be used for purposes which are cornpatible with naise levcIs
associated with operation of the virport.
32. Engineering and Aesign 5ervices. Tt wikl Award each contr�ct, nr sub-contract for program mAnagement, constmction
management, pla�ming studies, Feasibility studies, architectural se�rv3ces, preliminazy engineering, design, engineering,
surveying, ma�rping or relnted services with respect tu the project in the same manner as � conteact for archiCectural und
engineering services is negotiated under Title IX of the Federal Pmperty and Administmtive Services Act of 1949 or fut
equivalent gualifications-6ased requiremeift prescribed for or by the sponsor of the airport.
33. Fareign Market RestricEians. It will not a11aw tunds provided under this grant to be used ro fund ttrty project which uses
any product nC seNice of a foreign country doring the period in which such foreign country is listed by the United 5tptes
Trade Representative as denying fair and cquitabie mmrkat opportunities foY p[aducts and suppliers of the United Stntes in
procurement and construc�9on.
34. Policic�, Skandards, and Sperificatians. It will carry out the project in accordance with policies, standards, and
specificatians upproved by the Secrettuy including 6ut not ]imited ro the advisory circulurs listed In the Current FAA
Advisocy Circu[ars fnr AIP projects, dated 7/1199 und included in this grant, und in nccosdance witt� applicahle state policies.
standurds, and specific�tions approved by the 5ecretary. . .
35. Relocation and Real Property Acnufsition. (1) It will be gttided in acquiring reai property, ko the grentest extent
prncticable under Stata Inw, hy the Iand acquisition policies in 5uhp�ut B of 49 CFR Pnrt 24 pnd wiEl ppy or reim6urse
property owners for necessury expenses as specified in 5ubpart B. (2) IC will provide a relvcation nssistanGe pmgram offering
the services described in �ubptut C und fttir sutd reasonuble relocation pnyments und assistance tv displaced persons as
required in 5ubpart D and E of 49 CFii Part 24. (3) It will make avai[uble within A reasonable period of time prior to
displacement, cnmparable raplacement dwellings to displaced persons in a�cordance with Subpart E oF 49 CFR Part 2�.
36, Access Sy Intercity Buses. The airport awner ar aparator will permit, to the mttximum extenc pracEicable, intercity buses or
other modes of transportarion Eo have uccess to the airport, howevet, it has no obligation to fvnd special fnoilities for iMercity
buses ar for other modes af trAnspprtaEion.
37. Disadvantaged Business Enterprises. Tha recipien[ shall not discriminate on the basis of ru��, :�F�t�. ���■��,:i�tl •����grr ��y �tr� �-
in the t►ward and performance oi any 170T-assisted contract o� in the administracion af its DB� pm�n*n �- •�7P 'Y'� iiFlaT.,�'iir�
oF 49 CFR Part Z5. The Recipient shu11 take all necessary �d reasonable steps undee 49 CFR �'art ��Y� �n.����� nt�a�
discriminativn in the award and administration of DdT-assisted cantracts. The recipie�t's DB; : pe��- ti r��,l,r:�h�+� -3�
.�
Page 21 of 26
,� � CFR Part 26, ar�d as ttpproved by pOT, is in�orporated by reFerence in this ugreement. implemantation of this progrtim is a
�egal o6ligation and failure to cacry out its terms shtil[ be treated as a �iolation nf this agreement. Upon notiiication to Ehe
recipient of its failure m c�ry out i[s approvad program, Fhe Depattment may impose sanctions as provided for under Part 26
and may, in uppropriate cases, refer the matter for enforcement under 18 U.S,C. 1041 ancUor the Pragrnm Fraud Civll
Remedies Act of 1985 (31 U,S.C. 3801).
1�1�6���U!'�� �°�•_ ,_
��� ��'��' ''
tn��'
� � � � '�;.
Page 22 oi 26
CURRENT F'AA ADVISORY CIRCULARS FOR AIl'li'FC PhOJECTS
The fallowing a�ply to bath AIP and PFC Projacts
NUMBER TITT.�
7D174G0-1)
�soisono-is
15�l5100-14C
150/52DQ-30A, CHG I & 2
150/5204-33
150/521Q-5H
150f5214-78
150/5214-13A
15015210-14A
150/5210-15
150/5210-18
150/5210-19
150/5220-4B
iSD/5220-1OB
lS0/5220-13B
15D/5220-16B
150/5220-17A
15D/5220-18
L5D/5220-19
150/5220-2D, CHG I
150/522(1-21A
150/5300-I3, CHG 1, 2, 3, 4, 5
1S0/53U0-I+1
1 S0/5340-15
15D15320-SB
L50l5320-6D
15D15320-12C
15015320-1a
15015320-I6 .
150l5325-4A, CHC`i 1
150153ap-1G
15015340-4C, CHG 1
15flIS340-5�, CFIG 1
15015340-14B, CFiG
IS�15340-17B
I541534D-16C, CHG
I5415340-19
15d/534D-21
150/5340-23B
154/534D-24, CHG 1
150/534U-27A
15Q/5345-38
150/5345-SA
150/5345-7D, CHG 1
150/5345-10E
15015345-L�C
ISO/5345-13A
rS�A
&2
Updated an: 711199
06s�uction Mariqng and Lighting
Announcemant of Avsillability--i2TCA Tnc, Document RTCA-221, Guidance ttnd
Re�commended i2eq�irements ior Airport Surface Mov�ement Sensars
Architectural, Engineering, and Pla►tning Consult�nt Services for Airport Crant Projects
Airpprt Winter 5afery and Opesations
HnzArdaus Wiidlife A�tractanks On or Near Airports
Painting, Marking and Ligliting of Vehicles Used on an Airport
Aircraft Fire und Rescue Communicarions
Water Rescue Plans, Facilities, and Equipment
Airport Fire and Rescue Personnel Protective Clotk►ing
Airport Rescue & FireCghting 5ta[ion Building Aesign
Systems for Inke[uciive Truining nf Airpart Personnel
Driver's Enh�nced Vision System (DHVS)
Water Supply Systems for Aircraft Fae and Resce�e Protection
Guide Specification for WaterlFnam Type Aircraft Rescue and Firefghting Vehicles
Runway 3urFaca Condition 5ensor 5pecific¢tion Gttide
AutomAted Weather Ohserving Systems far NonFederal Applicatians
Design 5tandards for Aircraft Rescue Firefighting Training FAcilitees
Buildings for Stnrage and Maincenance of Airport Snow And Ice Cnntroi EquiAment and
Materinls
Guide SpecificAtion For Small, Aual-Agent Aircraft Rescue nnd Firefigh#ing Vehicles `
Airport 5now and Ice Cantrai EquipmenE
Gaide 5pecification far I,ifts Used to Board Aidine Pt�ssengers With Mobiiity Impairments
Airport Desiga
Design of Aircraft Deicing F¢cilities
Use of Value Engineering fnr Engineering Design of Airport Grpn[ Projects
Airport Dr�inage
Airport Pavament Desig� and �v�luntion
Measurement, Construction, And Maintenance of 5kid Resistazrt Airport Pavement Snrfaces
Airport Ltutidscuping for I�oisa Coatra] Purposes
Airpart Pavement Design for t4e Baeing 777 Airplane
Runway Length Aequirements for Airport Design
5tundards For AirpoR Markings
Instsillatian betails for Runway Centerline Touchdown Zone Lighting Systems
5egmented Circle Airpart Marker 5ystem
Economy Approach Lighling Aids
Stsuidby Power for [Von-FAA Airport Lighting Systems
Sfandards for Airport 5ign 5ystems
T�iway Centerline Lighting System
Airport Miscellaneous I.ighting Yisual Aids
Supplementa! Wind Cones
Runway and Ta:ciway Edge Lighting 5ystem
Air-to-Cround Itadio Control of Airport Lighring Systems
5pecification for L821 Panels fnr RemaEe Controi of Airport Lighting
Circuit SelCctar 5witch
Specific�tion far L824 i3nderground Hlec�rical Cable for Airport Lighteng Circuits
5pecification for Cvnstant Current Regalmtors Regu]a[or Monitors
5peci�ication for Airport and Helipnrt Beacon
5pecification far L841 Auxiliary Relay Cabinet Assembly €or Pilot Control of Airport Lighting
Circuits ' . .
150/5345-2bB, CHG 1
150/5345-27C
15015345-28D, CHG 1
150/5345-395, CHG 1
150/5345-42C, CHG 1
& 2 Specification for L823 Plug smd Receptacle, Cu61e Connectors
�pecific�ttion far Wind Cone Assem6lies
Precision Approach Path Indicatar (PAP� Systams
F'AA 5pecificatinn I.853, Runway and Taxiw�y Centerlina Retroreflective Markers
Speeifcation for Airport Light �ases, T�ansformer Housings, Junc&on Boxes �nd
Accessories
i5015345-43E Specificaflon for Q6struction Lighting Equipment
15015345-4aF, CHG I Specifcation far Taxiway und Runway Signs
l50/5345-45A Lightweight Approachl,ight Structure
L5D/5345-46A Specification for Runway and Taxiway Light Fixhtres
LSD/53A5-47A IsoEution Transfortners far Airport I,ighting 5ystems
L50/5345-49A Speeification L854, Radio Cnntrol Equipment
Page 23 of 26
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150/53A5-50, CHG l
150153�15-5I, CHG 1
150/5345-52
150/5345-53A, {including Addendum)
150f5360-9
15015360-12A
15015360-13, CHG 1 '
150fS370-2C
15p15370-6B
15pI5370-10A Cf3G !, 2, 3, 4, 5, 6, 7, 8, 9
15D15370-11, CHG 1
1SD/5370-12
15015390-2A
15D/5390-3
Specificateon for Parta6Ee Runwny Ligf�ts
5pecificatian for Dischar�e-Type Flasher Equipment
Geoeric Visual Glideslopa Indicators (GVGI)
Airport Lighting Equipment Certifcation Progrtun
Plnnning und Design oF Airport Terminul FaciliGes at NonHuh Locations
Airport 5igning & Geaphics
Plflnning and Design Guidance for Airport Te�minal Faci[ities
�perationai 5afety on Airpgrts 17uring Construction
Canstruction Progress and Inspectian Report-Airport Grant Program
Standards far 5pecifying ConstrucEion af Airports
YJse of Nondeswctive'1'esting T?evices in the Evaluution af Airport Pavemants
Quality Cont�al of Constr�ection for Airport Grbnt Projects •
Heliport Design
Vertipart Design
Page 24 of 26
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ATTACHM�NT C
CE�i.TIFICATiON REGARDING DRUG-FRE� WORKPLACE REQTIIREMENTS
A. The grantee certifies that it wiIl or wiIl conkinue to provide a drug-free warkplace by:
{a) Pubiishino a statement natifying employees that ttte unIawful �manufactura, distribUtion, dispensing,
passession, or use of a controIled suhstance is prohibited in the grantee's workplace and specifying the actians
that will be taken against employees for vialatior� of sueh prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug a6use in the workplace;
(2) The grantee's policy of maintaining a drugTfree workpl�ce;
(3) Any available drug caunseling, rehabilitatson, and employee assistance pragrams; and
(4) The penalties that may be imposed upon ernployees for drug abuse violations occurrin� in the workplace;
{c) Making ic a requirernent that each empIoyee to be engaged in the perfoxmance of the grant be gi�en a copy of
the statement required by paragraph {a);
(d) Nntifying the employee in the statement zequired by paragraph (a) that, as a con�ition of employrnent under
khe grant, the employe� �rill-
(1) Abide l�y ihe terms of the statement; and
(2) Noti£y the employer in writing of his or her convic�ion for a vioiation of a criminal drug statute occurrzng
in Ehe workpIace no iaker than five calendar days after such canviction;
(�) Notifying the agency in writing, within ten caIendar days aFter receiving notice under paragraph (d)(2) from
an employee or otherwise reeeiving actual notice of such canviction. Employers of convicted amployees must
prnvide notice, including position title, Eo every gra�t off"�cer or oth�r designea on whose gi'ant acti�ity the
eonvicted eznployae was warking, unIess the Federal agency has designated a centra� point for the receipt of such
notices. Notices shall include the identiii�ation number(s} of each affecked grant;
(� Talcing one of the follawing actions, within 30 calendar days of recei�ing natice under paragraph (d){2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against s►�ch an employee, up to and including termination, consistent
with the rec�uirements of the Rehabilitation Act of 1973, as amende�l; or
{2) Requixing such employee ko participate satisfactorily in � drug abuse assistance or rehabilitation pragram
approved for such purposes by a Pederal, State, nr local health, law enforcement, or ather appzopriate
agency,
(g) Making a good faith effort to cantinue to maintain a drug-free workplace through implementatian of
paragraphs (a), {b}, (c), (d), (e}, and {�,
B. The grantee ma� insert in the space provided below the site(s) for the performanca of work dane in connection
with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
.�,3725 Stone Road .
��, a���, . �rAXa4 7692s-2906
��rr�nt ('n�inl-�� _
Check _�ir er e wo places ' e a not identi�'ied here.
�l
Signed: %r��'�� _ Dated: � � %�� ��D•`�-
M�rC A_ C]fi_� , AS�i ��nt' i-}j 'Nlr�il�[XP.Y
Typed Name and Title of Sponsor RepresentatGve __ _
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ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effecti�e pavememt maintenance mAnagement ptagram is one that deEails the procedures to 6e foIlowed to assure
that proper pavement maintenance, both.prever�tative and zepair, is performed. An aizport sponsor may use any form
of i�spection program tit deems apprapriate. The program must, as a minirnum, include the following:
1. Pa�ez�emt Inventory. The following musC be depicted in an appropriaEe form and le�el of details:
I,ocation o� all runways, taxiways, and aprons
Dimensions
Type of pavernent
Year of construction or most recent rehabilitation
For campliance with the Airport Impravement Program assurances, pavements that hava been constructed,
reconskructed, or repaired with Federal financial assistance shalI be so depicted.
2. Inspectiton Schedule.
a. Detailed Inspection. A detailed inspectian must be performed at least once a year. If a history of
record�d pa�ement deteriorarion is available, s.e. Pavement Condition Inde� (PCI) survey as set forth in
Ad�isory Circular 15415380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the
frequency of inspections may be extended to three years.
b_ Drive-by Tnspection. A dri�e-by inspection must he performed a minimum of ance per manth to detect
unexpected changes in the pa�tement condition.
3. Record Keeping. Complete information o� the findings of all detailed inspections and other maiatenance
performed must he recorded and kept on %le for a minimum�of five years. The types of distress, their locatiot�s, and
remedial action, scheduled or pezfozmed, must be dQcumented. The minim information to be recorded is listed
below+.
a. inspection date
b. location
c. distress types
d, maintenance scheciuled or performed
�'or drive-b}� inspections, the date of inspection and any maintenance performed must be recarded.
4. Tnformafion Retrieval. An airpnrt sponsor may ase any form of record keeping it deems appropriate, so long as
the information and records produced by the pavement survey can be iretrie�ed to provide a report to the FAA as may
be reyuiied.
5. Reference. Refer to Advisory Circalar 150/538Q-6, Guidelines and Procedures far Maintenance af Airport
Fa�ements, for specific guidelines and procedures far maintaining airport pavements and establishing an effective
maintenance pragram. Specific typ�s of distress, their pral�able causes, zns�ection guideline, and recommended
methods of repair are presented.
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