HomeMy WebLinkAboutContract 27949. ' 11� • �
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� TEXAS DEPARTMENT OF TRAKSPORTATT�p1RY 5������,��
�ONTf�ACT i� .
AIRPQRT PRO,�ECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Deve�opment Grantj
TxDDT CSJ No.:0202MEACH
TxDOT Project No.:AP MEACHAM 6
TxDOT Contract No. : 2XXAV031
Part I a Identi�ication of the Project
TO: ThE City of Fort Worth, Texas
FROM: The State of Texas, ac�ing through the Texas Department of Transportatior�
This Agreemeni is made and entered into by and between the Texas Departnnent af
Transportation, (hereinafter referred to as the "State"), for and an behalf of the State of Texas, �-�'
and the City of Fort Worth, Texas, {hereinafter refez`�red to as the "Sponsar"), under the authority
granted and xn cornpliance with the provisions of Title 49 United States Code, 5ection 47101 et
seq., and under V.T.C.A. Transportation Code, TFtle 3, Chapters 21-22, e� seq. (Vernon and
Vernon Supp).
The praject �is described as follows: u�date Airport Master Plan at ihe Fart Worth
Meacham Inkernational Airport.
The Sponsor applies for fec�eral financial assistance and desires the State to act as the
Sponsor's agent in matters connected with th� project described above.
The parti�s, by this Agzeement, do fix their respective responsibi�ities, with referenee to
each ather, with reference to the accomplis�.ment of the project and with reference to the United
St�tes.
Pursuant ta and for the puzpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of (a) the Sponsar's adop�on and ratification of the represe;ntations and assurances
cantained in the A'irpart Project Participation Agreement and its acceptance of this -Offer as.
provided, and (b) the b�nefits to aecrue to t�e United States and the public from the
accomplishment of the project and compliar�ce with the assurances and conditions pro�ided,
THE TEXAS DEPARTMENT OF TRANSPORTATIQN, FOR AND ON BEHALF OF
THE UNITED STATES, I{`EDERAL AVIATI4N ADMIIVISTRATION (HEREINAFTER
REFERRED TO AS THE "FAA"), OFrER� AND AGREES to pay, as tI�e United States
share of the alIowable costs incurred in accom�lishing the pz'oject, nineFy perc�ntum of all
allowable project costs. This grant is made on and sub�ect to the following tcrms and conditians:
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Page 1 of 22 ' �� :' �'. ��.
Part TY � O€fer oi Financial Assistance
1. The allowable costs of the praject shalI not inc3ude any casts determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transpor�ation Code, Ti�le 3, Chaptets 21-22, et seq., (Vernon and Vernon Supp), and �he
Airport Zoning Act, Tex. Loc. Govt. Cod� Ann. §§ 241.041 et seq. (Vernon and Vernan
� �uPl�)•
2. It is estimated that tatal project costs wili be appraxiznately $388,89�.Q0 (Amount A}. It
is further �stimated that approximately $361,11 L00 (Amount B) of the project costs will
be eligible for federal financial assistance, and that federal financial assistance will be fo�•
ninety percent (90%aj of the eligible project eosts. Final determination of federal
eligibility of total project costs will be determined by th� Siate in accordance with fedei•al
guidelines following completion of project.
Tn the event that federal funds are unavailable, this Agreement shall automatically be
voided and }�ecome a� no force and effect, except that unexpended or unencumbered
maneys actually deposited by the Spansor and held with the Statr� for project purposes
shall be returned to th� Sponsor.
3. The maximum obligation of the United States payable undear this offer shali be
$32S,OQO.�fl {Amount C).
This grant should not be construed as block grant fiinds for the Sponsor, but as a grant for
funding of the scope items as listed on page ona of thi� agreement. It is the intent of the
State to pro�ide funding to complete the approved work items of this grant and not to
arr�end the scope of work to include items outside af the current detez'mined needs af this
project. Scape of work may be amended as necessary to fulfill the unforeseen needs of
this specific develapment pz'oject vvithin the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds.
4. It is estimated that t�e Sponsor's share of the tatal project casts will be $63,890.00
(Amaunt D). The Sponsor specifically agrees that it shall pay any projec� costs, whzch
exeeed the sum of the federal share (Amount C).
Tt is furth�r agreed that the Sponsor will reimburse the State for any payment or payments
made by the 5iate in beha�f of the Sponsor which are in excess o� ihe federal percentage
af �nancial participation as stated in Part II-2. T�te State shall refund to the Sp�nsor, at
the �it�ancial closure of the project, any excess fiunds provided iay the Sponsor.
5. It is mutually understvod and agreed that if, during the life of the project, �he State
determines that the grant amo�nt exceeds the e�pected needs of the sponsor by $5,000 or
five (5%) percent, vvhiche�er is gr�ater, the grant amount can be un.iIaterally reduced by
letter from the State advising of the bud�et change and a refund of the sponsor share,of
the reduction wiil be done. Conversely, if there is an overrur► in the eligible project costs,
the State rnay nat increase the grant.
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Paymen.t o� the Uniied States share of the allowable project costs will be made in
acco�dance with the provisions of such regulations and proeedures as the State and the
FAA, shall prescribe. Final determination of the United States share vvill be based upon
the fznai audit of the total amount of allovc�ahle project costs and settlemant will be made
for any ugward or downward adjustm�nts to the Federal share of costs.
6. Sponsor's share af project costs (Amaunt D) sha�l be paid initially in casla when requested
by the State. A� project closeout, Sponsor will be reimbursed far any credited amaunts
that axceed Sponsor's share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proo� to
the State that ii has sufficient funds to meet its share of the costs. The Sponsor �rants to
the State and f�deral government the right, upon advance writter� request during
reasonable and regular business hours, to audit any books and xecorcis of the Sponsor to
verify said funds. In addition, the Sponsor shall di�close the source of all funds for ihe
project and its abilifiy to finanee and op�rate the project.
Following the execution of this Agreement and upon written deznand by the State, the �" '
Sp�nsor's financiat obligation (Amount D} shall be due and payable ta the State. Skate
may request the Sponsor's financial obligaiion in parkial payments. Should the Sponsor
fail to pay the obligation, either in whole or in part, within 3p days of written demand, ihe
State may exereise its righ�s under Part V-7. Likewise, shonld the State be unwilling or
unable to pay its obligation in a kimely manner, the failure. to pay shall be considered a
breach� and the Sponsor may exercise any rights and remedies it has at Iaw.or equity.
PART III - Sponsor Responsib�lities
1. In accepting the A�reement, tk�e Sponsor guarantees that:
a. it will comply with the Attachment A, Certi�icatian af Aizpo�'t Fund, attached and
made a part of this Agreement; and
b. it will comply with the Attachment B, Airport Assurances (9/99)(State Modified
9/99), attached and mada a part of this Agreement; and
c. it will, in the operation of the facility, compl� with all applicable state and federal
laws, rules, regulations, pracedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
d. the Airport or navigatianal facility which is the subjeet of this Agre�ment shall be
controlled for a periad of at least 20 years, and improvements made or acquired
unc�er this project shall be operated, repaired and maintained in a safe and
ser�iceable manner for the useful life of said impro�vements, n�t to exceed 20
years; and
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e. consistent with safety and security requiret�ents, it s�.all make the aizport or air
navigational faczlity a�ailable to all types, kinds and classes of aeronautical use
without unjust discriminatian between such types, kinds and classes and shall
provic�e adequate public access during fihe term of this Agreement; and
f. it shal� nat grant or permit anyone to exercise an exclusiva right for the conduct of
�eronautical activity on or about an airport landing area.. Aezonautical activities �
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, z'ental and repair, sale of avi�tian petroleum praducts
and aerial applications. The landing area consists of runways or landing strips,
taxiways, parking a�rons, roads, aizport lighting and navigational aids; and
g, it shall not pernut non-aeronautical use of airport facilities, ut�less noted on an
appro�ed Airport Layout Plan, without prior approval o� the State/FA.A; and
h. it s�all nat enter into any agreement nor permit any aircraft to gain direct ground
aecess ta the Sponsor's airport from private property adjacent to or in the
zmmediate area o� the airport. Further, Spansor shall not ailow aircraft direct
ground access to privaie property. Sponsor shall be subject to this prohibition, •-• �
commonly known as a"through-the-fence operation," unlcss an excepCion is
granted in wri�ing by the State due to extreme circumstances; and
it will acquire all praperty interests identified as needed �or the parposes of this
praject and comply with all applicable state and federal laws, rules, regulations,
procedures, cot�enants and assurances required by the S�ate af Texas or the FAA
in eonnectian wiih the federal grant 'in the acquisition of such property interests;
and that airport property identified within the scope of this project and Attorney's
Certificate af Air�ort Property Tnterests shall be pledged to airpori use and shall
not be removed from such use without prior written approva] of the State; and
j. the Sponsor shall submit to the Stat� annua] statements of airport revenues and
exp�nses as requested; and
k. all fees callected far the use of an aizport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory.
The proceeds of such fees shall be used solely for ihe develapment, operation and
maintcnanee ofr the Sponsor's s}�stem of airpart(s) or navigational facilrty{ites).
Sponsor shall r�ot be required to pledge income received fram the minaral estate to
airport use unless state and/or federal funds were used to acquire Che mineral
estate af airport lands or any interests therein; and
an Airport Fund shall be establishad �y resolution, order or ordinance in khe
treasury a� the Sponsor, or evidence o� thc; prior c�eaCion of an existing airport
�und or a properly executed copy of the resolution, order, or ordiraar�ce creating
sueh a fund sha11 be submitted ta the State. Such fund may be ari account wifihin
another fund, but must be accounted for in such a mannex that all re�enues,
expenses, retained earnings, and balances in the account are discernihle from other
types of maneys identified in ihe fund as a whole. All fees, charges, rents, and
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money from any source deri�ed from airport operations must be deposited in said
Airpa�-t Fund and shall not be diverked ta the general re�enue fund or any o�her
revenue fund of the Sponsor. AI1 expenditures from the Ai�-pnrt Fund shall be
solely for airport ar airport systecn purposes. Sponsor s�iall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has cornplied with the requirements of this sul�paragraph;
and
rn, the Sponsos shall operate runway �aghting at least at low intensity from sunset to
sunrise; and �
n. insofar• as �t is reasonable and within its powver, Spons�r shall adopt and enforce
zoning regulations to restrict the heigh� of structures and use oi land adjacent ta or
in the immediate vicinity of the airport ta heights and activities compatible with
nomial aix-port operatio�s as provided in Tex. Loc. Govt. Code Ann. §§ 24i.041 ei
seq. (Vernan and Vernor� Supp.). Sponsar shall also acquire and retain avzation
easemenis or other property interests in or rights ta use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
irngractical or will result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior ta
such subs�quent approval of a grant ar loan, adopted and passed an airpart kaazard
zonir�g ordinanc� ar order approved by the State; and
o. it will grovide upon request o� the State, the engineering or planning consultant,
and the FAA capies of any maps, plans, or reports of the project site, ap�licable to
or affecting the above }�roject; and �
p. after reasonable notice, it wili permit ti�e State, the FAA, and any consuItants and
contractors associated with this project, access to the praject site, and vvill obtain
permission for the State, the FAA, and consultants and contractors associated with
this project, to enter private property �or purpases necessary to this project; and
q. aIl development of an aizport constructed with program funds shaIl be consistent
wi�h the Airpaz't Layout Plan appro�ed by the Sta.te and maintained by the
Sponsor. A reproducible copy af such plan, and all subseq�xent modificati�ns,
shall be filed with the State for approval; and
r. it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefii3ly, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upan which Federal and State funds have been
expended. For the purposes af this grant agreement, the term "funds'" means
fiinds, however used or di�bursed by the Sponsor or Agent that were originally
paid pursua►�tt to this vr any other grant agreement. It shall obtain the approval of
the State as to any determinatian of ttte annount af such funds. It shaIl return the
rec�vered sha�re, inc�uding f�ands recovered hy se�tlement, order or judgment, ta
the State. It shall furnish to the State, upon request, all documents and records
pertaining fo th� deterrnination of the amot�z�t af the fi�nds or to any settlement,
litigation, negotiation, oz a�her eFfarts tak�n to reco�er such funds. AlI
Page 5 of 22
settlements or other final positions of the Sponsor, in court or otherwise,
invnlving the recovery of such funds shall be approved in advance by the �tate,
2. The 5ponsor certifies to the State t�at it will have acquired c�ear title in fee sirr�ple to all
property upon which const�-uctian work is to be periormed, or ha�e acquired a leasehold
on such property for a term af not less than 20 years, prior to the advertisement for bids
for such constructian or procurement of facilities that are part of the aboue project, and
within the time frame of t�e project, a sufficient intecest (easement or otherwise} in any
other property which may be affected by the projeci.
3. The Sponsor, to the extent af its legal authority to do so, shall save harmless the 5tate, the
State's agents, emp]ayees ar contractors fram all claims and liability due to activities of
the Sponsor, tl�e Sponsor's agents or erz�.ployees performed under this agreement. The
Spansor, to the extent of its legal authority to do so, shall also save harmless the Stat�, the
State's agents, employees or contractors from any and all expenses, ir�cluding attorney
fees which might be incurred by the State in litigatian or otherwise resisting the claim oz•
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor'� agents ar employees.
4. The Sponsor's acceptance of this Offer and ratification anc€ adoption of the Agreemetat .
incorporated shall be evidenced by �xecution of this instrument by the Sponsor, and the
Agreement shall comprise a contract, constituting the obiigations and rights oi the State
of Texas and the Spansar with respect to the accomplishment of the project and tke
operation and maintenance of the airport_ Such Agreement shall become effective upan
execution of this instrument and shall retnain in full force and effect for a periad of a�
least 20 years.
5. The Sponsor and not the State shall, for all purposes, b� the "Spansar" of the project
identified abave as deiined in Title 49 U.S.C. 5pansor agrees to assurr�e responsibility
for o�eration of the facility in campliance with all applicable state and federal
req�irements including any statutes, rules, regulaiions, assurances, grocedures ar a�y
other directives before, during and after the completian of this project.
6. The Sponsor shall have on file with the State a c�rrent and appraved Attarney's
Certificate of Airport Property Interests and Exkubit A property map.
7. The Sponsor shall .have an file with the State, Attachment C, �erkification Regarding
Drug-Free Woarkplace Requirements, atfiached and made part nf ihis agreement.
Part IV� Namination of the Agent
1. The Sponsac desi�nates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the cosis of the project, or in reimbursement to either of
the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects af the grant are
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done in compliance with alI applicable state and. federal requirernents inciuding any
statutes, rules, regulatior�s, asstrrances, procedures or any other directives, except as
otherwise specifically provided.
3. The State shall, for a13 purposes in connection with the p�'aject identified above, be the
Agent of the Spansor. The Sponsor granis Che State a power af attorney ta act as its agent
ta pezform the following �ervices:
Receiving Disburszng .A.gent:
a. app3y for, aecept, receive, and deposit with the State Treasury any and all project
funds granted, alIowed, and pa.zd or made available by the State and/or ihc; United
Stat�s under Title 49 U.S.C. and congressional appropriatian;
b. recei�e, review, approve and process Sponsaz''s reimbursement z'equests far
approved prQject costs; and
c. pay to the Spansor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess o� the
Sponsar's share.
Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
ma�erials supplied in accordaz�ce wit� State executed contracts;
Cantracting Agen�:
e. advertise for planning services for, but not limited to, t�ta preparation of planning
studies; certify consultant selectian procedures; pra�ide na�ification of contract
award for professianal ser�ices; and negotiate professional services fees; and
execute, on behalf of the Sponsor, a professional services agreement as related to
this project;
f. adrninister Disadvantage Business Enterprises {DBE) andlor Historically
Underutilized Business (HUB) Programs in accordance with federal and state
ragulations.
Contract Management Agen�:
g, exercise such super�ision and direction of the pro�ect wark as the State reasonalaly
finds appropriat�. Where there is an irrecancilable cvnflict or difference of
opinion, judgment, order ar dixection between the State and the Spansar, any
engineer, contractor, ar materialman, the State shall issue a written order, which
shall prevazl and b� controlling;
h. coordinate and review project plans; coardinate and cond�ct progress and final
iz�spections.
PART V � Recitals
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1. The State and the Sponsor shall obtain an audit as required by fec�eral or state regulations.
2. The Sponsor, and not the State, shall be the cantractual party to all construction and
professional service contracts entered into for the accomplishment af this project. The
power of attorney, as granted by the Sponsor to the State iza Part IV - Namination of
Agent, is a limited gower to per%�zrn acts in connect�on with airport improvements as
speeified in ox• necessitated by this Agreement.
3. The Sponsor agrees to pursue ar�d enforce contract itezxis, which. are required by federal
and/or state regulations, iaws and orders to insuz-e satisfactory perFoz-mance of contract
vendars. Such items include, but aa.-e nat iirnited to, bid bonds, payment bonds, and
per�oz'mance bands. Puz'suit and enforcement of contract items may require liti�ation and
other remedies of law.
4. The United 5tates and the State of Texas shall not be eespansible oz' liable for dalnag� to
propei�y or injury to persons which may arise frozn, or be incidenta.l ka, compliance �ith
�his grant agreement.
5. Tlus Agreement is executed �ar the sol� benefit of the contracting parties and is not
intended or executed for khe direct or incidental benefit of any third party. Furthermare,
the State shall nok b� a pa.rty to any other contract or commitrnent, which the Spansor
may �enter inio� or assume, or have entered into or iaave assumed, in regard to the above
project.
6. Zf the Spansor fails to eomply v�rith th� conditions of the grant, the State may, by wrik�en
notice to the Sponsor, susp�nd the grant in whole or in part. The notiee of susp�nsion
shall contain the following:
a. The reasons for the suspensian and the corrective action necessary ta lift the
suspension;
b. A date by which the corrective action mus� be taken,
c. Notification that considera�ion will be given to terminating the grant after the
corrective action date.
In khe case of.suspensian or termination, the Sponsor may request.the State to reconsider
the suspension or termination. Such request for recansideration shali be made within 4S
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Tran.sportation Code, Title 3, Chapiers 21- 22, et seq., (Vernoz� and Vernon 5�pp.), and
ihe Airport Zaning Act, Tex. Loc. Go�t. Code Ann. §§ 241.001 et seq. (Vernon and
Vernon Supp.). Failure to co�rr�ply with the terms af this Agreement or with the rules and
statutes shajl be considered a breach of this contract and will allow the State to pur�ue the
remedies for breach as stated below.
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a. Of primary imporiance to the State is compliance with tne terms and cvnditions of
this Agz-eement, If, however, after all reasonable attempts ta require eompliance
have failed, the State finds that Sponsor is unwilling andlor unahle ta comply with
any of the terms and canditians of this Agreement, the State may pursue any of
the following rerriedies: {1) require a refund of any money expended pLirsuant to
the Agreernent, (2) deny Sponsar's future requests for aid, (3) request the
Attorney General to bring suit seeking reimbursernent of any maney expended on
the project puzsuant ta t�e Agreement, provided however, these rernedies shall n.ot
Iimit the State's authority ta �nforce its rules, regulations or orders as otY�erwise
provided by law, (4) declare this Agreemen� null and void, or (5) any other
remedy available at law or in equity.
b. Venue �or rest�lutian by a court of competent jurisdiction of any dispute arising
under the terms a� this Agreement, or for enforcement of any of the provisions af
this �greement, is specifically set by Agreement of the parties in Traui� County,
Texas.
S. The State reserves �he righi to amend or wit�draw this Agreement at any tzme priar to
acceptance by �he Sponsor. The acceptance period cannot be greater than 34 days aft�r
issuance unless extended by the State, which exfiension shall not be unreasonably be
denied or d�layed.
9. This Agreement constitutes the full and tQtal understanding of the.parties concerning their
rights and responsibilities in regard to this project and shail not be rnodified, amended,
rescinded or revaked unless sueh mor�ification, amendment, reseission or revacation is
agreed to by both parties in writing and executed by both parties.
10. All cornmitrnents by th� Sponsor and the State are subject to constitutional and statutory
limitations and restrictions hinding upon the Sponsor and the State (including §§ S and 7
of Article 11 of the Texas Constitutian, ii applicable) and to the availability af funds
which lawfully rnay be a�plied.
11. The Sponso:r's acceptance of this Agreement ar�d rat'rfication and adoption of �he Airpori
Project Participatian Agreement shall be evidenced by execution of ihis instrument by the
Sponsar. This Offer and Acceptance sha�l comgrise a Grant Agreerrfent, as provided by
the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, the State of Texas and �he Sponsor wi�h respect Co the accamplishment of the
Project and cox�pliance with tI�e assurances and conditions as grovided.
Page 9 a� 22
Part VI � Acceptance of fY�e Sponsor
The City of Fart Worth, Texas, daes ratify and adopt all staternents, representations,
warranties, cavenants and agxeements caz�stituiing the descrzbed project and incorporated
materials referred to in the Agreement, and does aceept the Offer, and agxees to all of the terms
and conditions of the Agreemeni.
Executed this _ � � � da of � �. lJl.�i` , 2Q � .
_ . Y � —�
�
Wrtness Signature
, �hliriiS�raTi`u � �'�Gr�`1'� ry
Witness Title r
The Cit 9f Fort Worth, Texas
�a
�
� S natur�~
I�ssrs�s�i-C'�� � Ivla�►a ��,'
Title `�
CertifYcate of Sponsor's Attarney
I' . w
I. Pe�-� r 1��a r� ,� , acting as attorney for �i t�1l d Y-� ,
Texas, do certify that I h�ve fu11y examined tha Agreernent and the praceedings taken by the
Sponsor, and find that th� manner of acceptance and execution, of the Agreement by the Sponsor,
is in accordance with the �aws of the State of Texas. �
Da�ed at FO r� �1I�0 r�
. �. , ,.. . _ �
Witness Signaiure
i i�a•rii n � �r,.,-_z a.c--
Witness Title
. Texas, this � 0�+ day of �'L( t� I�5 f" , 20a z.
✓
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Attar s Signature �--� �p �
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Page 10 of 22
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Part VII � Acceptance of the State
Executed by and approved for the Texas Transportatian Commission for the �urpose and effect
ai activating ancllor carrying out the orders, estabiished policies or work programs and grants
heretofore approved and authorized by �he Texas Transportatian Commissiort:
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
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By: "�,� ��? e,-� �. � s-i��-�r��/�'�-? �r .
i(aron W�edemann. Director Grant Ma�agemer�i
Aviatian Divis�an
TexaS Department ot 1 ransQortat�on
D�tB: .� � � �� 1_ . _
�
Page 11 of 22
AT'TACHMENT A
CERTIFICATION OF A�RP�RT FUND
The Sponsor daes certi�y t�at an Airport Fund has been established for the Sponsor, and that all '
fees, charges, rents, and money from any sauree derived from airport operations wiIl be deposited
for the benefit of the Airport Fund and will not be diverted for other g�neral revenue fund
expenditures or any other special fund of the Sponsor and tY�at all expenditures fiom the Fund
will be soiely for airport purposes. Such fund may be an account as part of anoth�r fund, but must
be accQunted for in such a manner t�at all revenues, expenses, retainec� earnings, and balances in
the accaunt are discernibke frorn other types of moneys identi�ed in the fund as a whole.
Tt�e Citv of Fort Worth, Texas
{Sponsor}
, ... ,
By:
Ti�le: �SSrSi���' �� �-��hQ4Pf•
�
Dat�: �"t�.q.t ,�D ,� �139 ri. .
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Page 12 of 22
ATTACHMENT fi PART V ASSURAtYCES
Airport Spansars
A. GeneraT.
1. 'I'hese assurances shall 6e complied �vifh in Ihe perFormance of grant agreements For airpart development, uirport planning,
and noise Compaubility program grm�ts for airport sponsors.
2. � These assuranses aire required to be submitted as �arE of the project Airport Project Partic�patio� Agreement (hereinafter
referted ta as "APPA") by sponsors reques[ing funds under the provisions of Title 49, U.S.C., su6tide VII, as amended. As
used herein, the term "public agency sponsor" means a guhiic agency with control of a pubfic-use airport; the term "private
sponsor" means a private owner of a puhlic-use airpor[; and the term "spansor" includes hoth public ngency sponsors and
private sponsors.
3. ilpon acceptance of the grnnt offer hy the sponsar, fhese assurances are incorporated in and hecame part of the grant
agreement.
B. buration and ApplicaUiiity.
Airport deWelopment or Noise Conipatibility Program Prajecfs Unciertaken by a Pablic Agency Sponsar. The terms,
conditinns and ass�runces nf the grnnt agreement shal[ rem�in in full force and effect throughout the useful life nf the
facilities developed or equipment acquired for an assrpnft development ar noise compali6ility progr�tn project, ar througliout
the useful life of the project items installed within a faciliry under u noise compatibility pragarm project, 6ut in any eve�t not
to exceed twanty (24) years from the date qf acceptance of a grant of#'er of Federul funds For the praject. �3pwever, there shali
be no limit on tl�e duratifln of fhe assurflnces regarding �ccEusive RighYs und AirpoR Revenue su long as the nirpprt is used as
an airporE. i'here sh�fl be no limit on the duration of the terms, conditions, and assurances with respe�ct m renl prpperty
acquired with federal funds. Fe�rthermore, thc duration of the CivA Rights assurance sh�ll be speci�ed in the Assurtinces.
Airport Deveiapment ar Naise Compafihility Projects [jndcrtaken Uy a Private Sponsor. The preceding paragraph 1
also applies to a private spnnsor axeept tti�t the �se€uI life of project items installed within a facility or the usefui life of the
fncilities developed or equipment acquired under an �irpnrt development or noise compatibility progrsun project sha116e no
less than ten (10) years frnm the date of ncceptance of Federai aid for the project.
A.irpart Planning Lfndertaken by a Spopsnr. Unless ptheiwise speciiEed in the grant agreement, oniy Assurances 1, 2, 3,
5, G, i3, 18, 30, 32, 33, and 34 in section C t►pply to pltmning projects. The terms, conditions, nnd assurances af Che grint
agreement shall remain in full force and effect duriog the life of the project.
C. Sponsor Certification. The sponsor here6y assures and certifies, with respect to this grant that;
Generai k'ederat Iteqniremenfs. It wi11 comply with a[1 applicahle �ederal laws, regulaEions, executive orders, policies,
guide3ines, and reyuirements as khey rel¢tc ta khe projec[, acceptance and use of Pederal funds for this project including bu[
not kimited to the following:
Federa! Legislalion
a. TiUs 49, U.3.C„ suhtitle VII, as amended.
b, Davis-Bacon Act - 4U U.S.C. 276(a), et sea.�
c. Federal Fair Iu�nr Standards Act - 29 U.S.C. 2d l, et seq.
d. Ha#ch Act - 5 U.S.C. 1501, et seq?
e. Uniform Relacation Assistance and Real Property Acguisitivn Policies Act of 1970 Tifle 42 U.S.C. 4601 e,, t_seq.�
z
f. NatianaI Histaric Preservation Aet af 1966 - Section lOfi - 15 U.S.C. 47D(f�.'
g. Arclienlvgical and Historic Preservation Act af I97A - 16 U.S.C. A59 through 469c.�
h. I�[ative Americans Gra�e Repatriation Act - 25 U.5.C. Section 30U1, et sea.
i. Clean Air Act, P.L. 90-148, As amended.
j. Coastal Zone Managament Act, P.L. 93-205, as atnended.
k. �'lood T)isaster F'ratectian Act of 1473 - 5eetion 102(a) - 42 U.S.C. 4012a.�
I. Title A4 ,U.3.C., 5ection 303, (formerly knnwn as 5ectinn 4(f�)
m. Rehabilitsation Act of 1973 - 29 U.S.C. 794,
n. Civil Rights Act af 1964 - TiTle VI - 42 [1.S.C. 2000d thmugh d-4.
o. Age Discrimination Act of 1975 - 42 U.3.C. 61Q1, et sea.
p. American lndian Religinus Freedom Act, P.L. 95341, as nmendad.
q. Architectural Barriers Act of 1968 -42 U.S,C. 4151, et sen.l
r. Power plant and Indastrial Fuel Use AcE of 1978 - 5ection 403- 2 U.S.C. 83?3.k
s. Controct Work Hours and 5nfety 5tflndards Act - 40 U.S.C. 327, et_ sea.�
t. Capeland Antildck6ack Act - 1 S U.S.C. 874. �
u. IJs+tionnl �n�ironmenta! Poliay Act of 1969 - 42 U.S.C. 432I e, I sec[. �
v. Wild und 5cenic Rivers Act, P.L, 9D-5d2, as amended.
w. Si�igle Audit Act vf 1984 = 31 U.S.C. 7501, et se ?
x. Drug-Free Warkplace Act af 1986 - 41 U.S.C. 7Q2 through 706.
�xecvtive 4rders
Executiva qrder 1124G - Equal Employment Opportuni#y �
Executive Order 11990 - PrQtection of Weflands
Executive Order 11998 —�'lood PIain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Execu[ive Order 12694 - Seismic 5afety of Fecleral and Federally Assisted New Building Cons[ruction �
Page 13 of 22
�xecutive Order 12898 -Environmental Justece
Federal RegaIations
a. � 14 CFR ParE 13 - Investigative �nd Enforcement Procedures.
b. 14 CFR Pazt 1G - Rtiles of Prnctice For Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 15D - Airport noise compatihility pEanning.
d. 29 CFR Part 1- Procedures for predetermina[inn of wage rates.�
e. 24 CFR PEut 3- Contractors and sLibcontr�ctnrs on puhlic buiEding ar public work finaneed in whole or pnR hy
loans or grpncs from the United States,� .
f. 29 CFR P�ut S-],abor standards provisions apPlicahle to conuacks covering federally financed and assisted
constructian (also lahor standards provisions appllcable to non-canstrucuan conuacts subject to the Contract
Work Hours and Safery 5tandards Act),�
g. 4l CFR Pnrt 50 - OfFice of Faderal Contract Compliance Prograrr�s, Equul �mployment Opportunity, De�arrmeiit
of Labar
(Federol and federally assisted wntracting requirements}.'
h. 0.9 CFR Pfut 1 S- Unifarm administrutive requiremen[s for grants nnd caoperative agreements tq state and loca!
gavemrusnts.3
i. 49 CFR Pmrt 2U - New restrictions on lobbying.
j. 49 CFR Pttrt 2l - Nondiscrimination in federtilly-assisted programs of the Department of Transportation -
effectaation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Fart 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
l. 49 CFR Part 24 -Uniform relocation assistance and real praperty ucgnisition for Federul [tnd federtilly t�ssisted
pragrams.' Z
m. 49 CFR Part 26 — Participation Sy Disad�Antaged Business Entarprises in DepartEnent af Transportation
Programs,
n. A9 CFR Pnrt 27 - i�ondiscrimination on the basis of handicap in progt�ns [end ¢ctivities receiving ar 6enefiting _,. _
from Federal
Fnancial assistance.`
o. 44 CFR Part 29 — Government wide debarment and suspensian (nan-procureznent) and govemmenc wide
requirements for Hrug-free warkpluce (grants).
p. 49 CFR l'art 30 - Denial of pu6lic works conYracts to suppliers of goods a�td services of countries that deny
procurement market access to U.S. contracEots.
q. 49 CFR Part hl - Seismic safety of Federa! and federally assisted or regulated new building construction.�
Of�ce a£ lk[anagement and l3Udget.Clrtulars
a: A-$7 - Cost Principles Applicable ro Grnnts m►d Contracts with 5tate and Local Governntents.
b, A-133 - Audits of 5tates, Local Governments, and Non-Prof[ Organiza[ions
( I) These laws do not Appiy to airport planning sponsor�.
(2) These laws do not appty to private sponsors.
(3) 49 CFR Part 18 and OMS Circular A-87 cos�tuin requusmen�ts for 5tate und Local Gove�raments
receiving FederAl �.ssistanca. Any requirement lavied upon State ar[d l,ocal Gavernrnents by this
regulation and circulflr shall niso 6e upplicahle to private s�onsors reneiving Federal assistance under
Tide 49, United States Coda.
Specific assurances required to he included in grant agreements by nny of the above law+s, regu[adons or circulars are
incorpot�ated by referenca in the grani ugreement.
Responsihilitq and Authority of the Sponsar.
a. Public Agency 5pnnsor: It h�s legal nuthority m apply for the grant, bnd to iinance and curry o�t the pmposed
prr�ject; thAt a resofution, mntion nr similAr action has been duiy adopted or possed as un ai�cifrl tteE of tha
applicant's governing body authorizing the filing of the APFA, including ¢II undarstanndings and assurAnces
contained therein, and directing tind authorizing the person identified as tt�e ofFicial representative of the applicAnt
to act in connection with the APPA nnd to provide such additional information as may 6e required.
b. Pri�ate 5pansor: It has lega! aathority ta app[y far the grant nnd to finance and carry aut the groposed project
and comply wi[h ul1 tetms, condiFions, and assurances o6 tf�is grant agreement. It shall designete an official
representative and sh¢II in writing direct and authorize that person to file this APPA, including a11 nnderstandings
and assurances contaened therein; to act in connecUon with this AI'PA; and to provide s�ch-addiuonal information
ns may be required.
3. Sponsor �'und Availability, It has suf�cient funds nvtrils�ble for that portion of the project costs which are not to 6e paid by
the United 5tltes, Tt as suft"icient funds avrulable to assare nperatinn t�nd maintenance of items funded under tha grant
Agreemeat which it wi[[ own ar control.
Good Title.
a. It, � pubtic agency or [he Pederal government, holds good tifle, satisfactory to the Sacre[ary, to the landi�g azea af
the airport or site thereof, or will give assurance sausfactory to the 5ecretary tEtat good tiYIe wfll be acyuired.
6. For noise compatihilety program projects to be carried out on the propetYy nf the spottsar, it holds gaod tide
satisfactory to the Secretary to thtit portion of the property �pon wh'tch Federal funds will be expended ar wiU give
lssueance ta the $ecrefary that gaod kitle will be obtained.
Preserving Rights and Powers.
Page 14 of 22
a. It wi[l not take or permit any action which would.aperate to deprive it of any of the rigius and powers necessary to
perfor►n aRy ar alI of the terms, condicions, and assurances in the gran[ agreeE�ent without the written approval af
the 3ecretary, And will act prompfly to acquire, extinguish or modify any outstanding rights or claims af right of
others which would interfere with such performance by the sponsor. This sha11 be done in a manner acceptahle to
[he 3ecretary.
b. It will not sell, lease, encumber, vr otherwise transfer or dispose oF any part of its title or other interests in Ehe
praperty shown on Exhihit A Eo this APPA ar, for a noise compati6iiity program project, that portion af che
property upon which Federal funds huve been expended, for the duration af the terms, conditions, and srssurnnces
in the grant ugreement without approvul by the Secretary, Tf the trunsferee is found by the 5ecretary to be eligible
uoder'i'itic 49, LTnited 5tates Code, to assume the ahligations of the grant agreement nnd to have the power,
authority, and financi�l resources to carry out ull such o6ligations, the sponsor shnll insert in the cnntract or
document transferring or dispasing of the sponsor's inkerest, and make binding upen the transferee a110# the
terms, canditions, and assurances contnined in this grant u$ceement.
c. For a11 noise compatibility progtam projecCs which are to be eArrieti ou[ 6y another unit of focal gnvemtnent or are
on property awned by a unit of local government other Ihan the sponsor, it will enter into an agreement with Ehat
go�ernment. Except as atherwise specified by the 5ecretary, thut agreement shalE obligate that government to the
stune terms, conditions, und �.ssurances that would be applicable to iY if iE Applied directly to the 1�AA for a grant
tn undertake the noise compatibility program projeet. That agceement and changes thereto must be satisfactory to
the Secreuuy. lt w'rll talce steps to enfarce this agreeanent against the local government if there is substantial non-
compliance with the Cerms of the agreement.
d. �'or noise compafibility program prajects ro be carried out on privntely vwned properiy, it wit[ enter into an
agreament with the owner of that praperiy, which includes provisions, speeified by the Secretary. It will take steps
[a enfo�ce [his ag�+eement agvinst the property otvner whenever there is suhstantial non-campliance with the kerms
of the agreement.
e. Ef the sponsar is tt privAtC sponsar, it will take steps sntisfactory ta the Secret�uy ro ensure that [he airport wifl
continue to function as u public-use airport in accordance with khese �ssurfinces for the deiration of these
assurances.
f. If an arrangsment is made for manag,ement and operation of the airport by any agency or person other than the
sponsor or an employee of the sponsor, fhe sponsor will reserve sufficient rights and authority ro insure that the
airport wilf be operated and m�intained in nccordnnce Tit1e �49, United 5tates Code, the regulations and the terms,
conditions und asswances in the grant agreement and shaq insure that such arrangement also requires compfiance
therewith.
6. Consistency with Loca! Plaas. The project is r�asonably consistent with plans (existing at the Cinie of submission of this
APPA) of public agencies kh¢t are authorized by the 5tttte in which the project is locuYed tn plan for the devaEopment of the
areu surrounding tha sirport.
7. Cansideration of I,ocal Interesk It has gi�en fair cnnsideration to the interest of communities in or near where the project
may be Incated.
S, Consultation with Llsers. In m�cing a decisivn to undeRalce any airport development project under Title 49, []nited States
Code, it has undertaken reaso�a6le consulEations with affected parties using the airport at twhich project is praposed.
9. Pubiic Hearings. In prajects involving the locnrion of nn ttirport, an airport runway, or v major runrvay extensivn, it has
affor8ed the opportunicy for public hearings for the purp�se of eousidering the ecanomie, sociul, �nd environmental effects of
the airport nr runwny location and its consistency with goals futd objectives of such pJt�nning us hns been carried out by tfie
community and it shall, when requested 6y the Secretary, submit a copy of the transcript of such hearing5 ta tfie Secretury,
Further, for such projects, it hffs on its management hoard either voting representntion from the communities where the
project is [oc6ted ar has advised the communities that they bave the right ta patition the 5ecretary concerning a proposed
project.
10. A'rr and FVa4er Quality 5tamdards, In pmjects invol�ing airport locacion, a major iunway extension, or runway locauon it
wiEl provide for the Govemor of thc state in which the groject is located to cenify in writing to the 3ecretary that the praject
will be lvcuted, designed, constructed, and aper�tad so as to compiy with opplicable air and water quulity stancEurds, In any
case where such stan8nrds have not been approved and where app[icuble air and water quality skandArds have been
promulgated by the Administraror of the Environmentul Pratectinn Agency, certification shnll be oUtained fro�n such
Administrator. Notice of ceitifict�tion or refusal to certify sh�ll be pruvided withitt sixty dAys after the project APPA hits been
received by the Secretary.
lI. Pavement Preventide f4laintenauce. With respect ta a praject approved after ]anuury 1, 1995, For the repiacement or
reconstruction of pavement at the uirpoct, it assures or certiHes that it has implemented An effeccive airport pavement
maintenance-mwagement progra�n and it ttissures that it will use such program for the useful life of uny pavement
constructed, reconstructed or repaired with Pederul �nuncial assistflnce at the airport, It wi11 provide such reports an
pavement candition And pavement manageEnent progrmns as the Secretary deterntines may 6e usefuf.
12. Termina! Development Prerequisites. For projecks which include [erminol development nt u publie use ttirport, ps defined
in Title 49; it has, on the daEe of sahmit€al of the projecE gront request, all [he safery equipment required for cert�cation oF
such airport under sectian 44706 af Title 49, United States Code, aed �IE the security equipment required by rule or
regulation, and has provided for nccess to the pAssenger enplaning and deplaning area of such airport ta passengets enploning
and deplaning from aitcratt other th�n air carrier aircraft.
13. Accaunting 5ystem, Audit, and Recard Keeping Requ9rements.
a. It shall keep nll pro}ect accounts and recards which fully disclase the �mount and disposition 6y the recipient of
Page 15 of 22
�
the proceeds pf the grant, thc total cost of the project in connec[ion with which the grant is given or used, and the
nmount or nature of that po�tion of the cost o#' the project supplied by other sources, and such other financial
records pertinenk to the project, The aceaunts and records sl�all he kept in Accordance with An accoimting system
tliaE will facilitate an effectivs Audit in accordance with the Single Audit Act of 1984,
it shtili make availab[e to the 5e�retary tu�d the Compt�oller General of the United 5tates, or any of their duly
authorized representatives, for the purpose of audit and exominat9on, any bonks, documenEs, pnpers, su►d records
of the recipien[ [huY are pertinent to the grant. The 5ecretary may reqi�ire that an appropriate audit 6e conducted
6y a recipien#. In any case in which an indepentlenY audit is made of the accaunts of a sponsor relating Eo Che
disposition of the proceeds af a grant or relating to the project in conneetian with which the grunt was g;iveR or
i�sed, it shull file a certiEied capy of such audit with the Comptroller General of the United States not later than six
(6) months following the clnse of the �iscal year for tvhich the oudit was made.
14. M9nimum Wage Rates. [t shall inctude, in all contracts in excess oi $2,OOD fpr rvork on any projects funded u�der the grant
agreement which involve labor, provisions establishing mioimum xates of wages, fo 6e predetermined 6y the 5ecretary af
Labor, in nccordance with the Davfs-Sacon Act, as amanded {AO U.S.C. 275a 2i6a-S), whieh contractu[s shall puy to skilled
and unskilled labor, and s�ch minimum rates shn116e stated in the inviEAtion for bids and shal] be included in proposa[s or
6ids fQr the work.
15. Veteran's Preferenee. It shall includa in all eontracts for work bn any praject funded under tha grant agreement which
involve labar, sueh pro�isions as are necessary to insure that, in the employment oflabor (except in execuuve,
administrative, and supervisory posiGons), preference shull he given to Veter�ns oi the Vietnsun era und disabled veterans as
deimed in Sectian 47112 af Title 49, United 5tates Code. However, �his preference sha11 apply only where the individuals are
available and qualified to perform the work to which the employment relates.
16. Confoxmity to Plans and Speciflcations. It will execute the praject su6ject to plans, specificaGans, and scheduies
approved by tha Secretary. 5uch plans, specifications, and schedules shall be submitted to the Secretary pzior ta
commencement of site preparation, consGuction, or other perfonnunce under this grant agreeinent, and, upon appraval of the
5eci�tary, shall be incorporated into this gran[ agreement. Any modifieation to the approved plans, specifications, und
schedules sli�ll a�so he subject to s�ppmvaf of the Secretsuy, and incorporated into the grant agreement.
I7. Conskructinn Inspectso� and Approval. It will pra�ide and maintain competent technical supervision at the wnstrt�ction
site throughout the project ta s�ssure that the work ennforms to the plans, specifeations, And schedules approved by the
5ecret¢ry for the project, �t shall subject the conswction work nn any project contained in an approved project APPA to
inspecfion sind upprovttl by the Secretary and such work sha{l 6e in becordttnce wifh regulations pnd procedures prescribed 6y
the 5ecretary. �uch regnlations and procedures shall require such cnst and progress reporting by the sponsar or sponsors of
such project as the Secretary shall deem necessary.
18. Plannir�g Pirojects. In carrying out planning projects:
a. It will execute tlie project in accordence with the approved program narrAtive contained in tt�e project APPA or
with [he modifications similtuly approved.
h. It wi]! furnish the Saeretary with such periodic reports as tequired pertaining to the plAnning project and planning
work activities.
c. !t will include in a!I puhlishe� maferial prepared in connectiqn with the planning projec[ a notice that the material
was prapared under a grant provided by the United States. �
ti. It will make sucl� material available for examinntion by the puhlic, AFld AgfEE5 that no materi�l prepared with
fuiids under this project shall be subject ta copyright in the UniCed States or any other country.
e. It will give the 5ecretfuy unrestricted Authority to puhlish, disclose, distrihute, nnd atherwise use any of the
ma[er�ai prepared in cnnnection with this grant.
f It will grant the Secretuty the right to disapprove ehe sponso�'s eznployment of specific consultants and their
s«bcontractars to dv a!I or stny part of this projecE as wel[ as the right to disappruve the proposed scope and cost of
professional services.
g. It wilt grant the 3ecretary the right ta disApprove Fhc use of the sponso�'s employees to do a11 or any part of the
project.
h. It understands and agrees thut the 5ecretary's approval nf this grojecE grant or the Secretary's approval nf tu►y
pianning matarial developed as part nF this grtutt does not canstitute or imply nny assurtmce ar commitment on the
pnrt of the Secretaty to npprove any pending or future requast for � Federa! turpart grant.
19. Operation and Maioteriante.
a.. The airport and a11 facilities which tue necessazy to serve the aerona[ttical �tsers af the airporE, other than facilities
awned or controlled by ch� Uoited States, shal{ be aperated at �11 um�s in a safe and serviceable condiflon and in
accordance with the minimum stundards as may be required or prescrihed by applicable Federal, state and lacal
agencies for maintenance and operation. I[ will not cause or permit any activity or actian thereon which would
interfere with its use for airport purposes. It will suitably operate and maintain the aieport and all facilities thereon
or connected therewith, with due regurd to climatic and flood conditions. Any proposal to temporari[y close the
airport far non-neronatttical purposes must t'irst 6e approved by the 5ecretary.
In furtherance of this �.ssurance, the sponsor Will ha�e in effect arrangements for-
( I a Operating fha ttirpoft's aeronautical facilities whene�er required;
(2) Promptly marking and lighting httz[trds resulking from airport conditians, including temporary condikions; and
(3) Promptly notifying �irmen of uny conditiQn affecking aeronauticAl use vf thc uirport.
Not[ung cont�ined herein shall6e construed ta require that the airport he operated for aeronautica! use during
temporary periods when snow, flood or other cfimntic conditions interfere with such operatinn and rnaintenance.
Page 16 af 22
Futther, no[hing herein shall bc construed as requiring the maintenance, repair, restarntion, or repiacement af any
structure or facility which is substantia[ly damaged ar destroyed due to an aCt of God or other condition or
circumstance heyond the co�trol of the sponsor.
It will suitably Opeente and maintain noise compalihility pro$ram items tha[ it awns or controls upon which
Federalfunds have been expanded,
24. ` Haznrd Removal and Mitigation. It will ta1:e apprnprinte acGon to �ssure thut such terminol airspace as 9s required to
protect instrument and visuul operntions to the airpnrt (including estahlished minime�m ftight altitudes) will be adequately
cleared and protected by rentioving, ]awering, relocating, marking, or lighting or atherWise mitigating existing aitport hazards
and by preventing the establishment or creation of Future airport hazards.
21. Cumpati6le Land Use. It will take appropriate actian, to the extent reasunable, including the Adopdnn of zoning laws, tn
restriet the use of la�d ttdjaceni to or in the immediate vicinity of the airpari Eo ¢ctivities and purpnses compafi6le with
normll airport operErtions, including landing and takeoPf of aireraft. In addition, if the project is fnr noise compatibility
progran� implementation, it will not cause or permit any change in land use, within its jurisdicYion, that will reduce its
compati6ility, with respect to the airport, of the noise campati6iliCy program measures upon which Federal funds have been
expended.
22. �canomic Nondiscriminatipn.
a. It wi11 make the airpo�-t availabfe as an airport for public use �n reasnnahle terms and without unjust
discrimination to all types, [cinds and classes of aeronautical activities, including commercial aeronautical
aetivi[ies oFfering services [o the public at €he airport.
b. In any a�reement, conuuct, lease, or other urrangeme�t under which �r right or privilege ut the airport is granted ta
any person, firm, or corporatian to conduct ar to engage in ¢ny aeronauticai acTivity for furnishing services to the
public at the airport, ihe sponsor wifl iasert and enforce provisinns requiring the contractor to-
( l) furnish said services on a reAsonahle, and not unjustly discriminatory, basis to a11 users thereof, and
(2) charge reasonahTe, and not unjustly discriminatory, prices fpr each unit or service, providecl thai the contractor
may be allowed to malce reasonahle and nondiscriminatory discounts, re6ates, or other similar rypes of price
reductions to volume purchasers.
c, Each f xed-based opera[or at Yha airport shall be subject tn the snme rates, Pees, rentsils, and other charges as �u'e
uniformly applicable m alI ofher fixed-hased operaturs maldng the same or similar uses o€ such airport and
utilizing the same or similar fncilities.
d. Each Air carrier using such s�rport shall hAve the right ko service itself or to uxe Any fixed-based operntar that is
authoriz�d or permitted by the airporE to serve any air carcier at such airpor[.
e. Ench Air carrier using such airport (whether as a tenant, nontenant, or su6tenant of another air carrier CenanE) shall
be su6ject to such nondiscriminntory nnd substantinlly compsusble rules, regulations, conditions, rates, Feas,
��entals, and other ch�rges wi[h respect to facilities directiy and sabs#antially related to providing air transportallon
as are appliea6le to all such air carriers Which make similar use of such airport and utilize similar facilities, �
subjact to reasanable classifications such as tenants or nonEenants and signutory carriers antt nonsignatory
clrriers. Classification or status as teasu►t ar signutvey shall not be unreasonu6ly withheld by any uirpoR provided
mi air carrier assumes obligations s�bstantially similar to those a[ready imposed an ais earriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operptes to prevent any person, firm, or corporation
operating Aircraft an the airpor[ from performing any services un its own aircraft wilh its own emplayees
[including, but not limited to maintenance, repair, and fue�ing] that it may choose to perform.
g. In the event [he sponsor itself exercises any of the rights and privileges referred to in this ¢ss�rance, d1e services
iu�nlved will be provided an the same conditians as wauld upply to the fumishing of such services by commercial
aero��auticul service providers authorized 6y the spansor under these pro�isions.
h. Tlie sponsar may establish sueh reasanable, and not unjustly discriminatory, conditions to be meE by all users of
the airport as m¢y be necessary for the safe and efFcient operation of the airport.
i. T4e sponsor mAy profiibit or limit any given typ.e, kind or class af ueronautic�l use of [he vrpnrt if such Action is
hecessary %r tlie s�e npemtinn of Ehe airport or necessary to serve the civsf aviation needs nf the public.
23. ExclusiYe Rights. It will peani[ np exclusive right for the use of the airport by any perspn p[qviding, or intendiug ta
provide, aeron�utical services to the public. Fvr parposes of this paragraph, Ehe providing of the servi�es at an airport 6y a
single Fxed-based operutor shall not be construed as ait exciusive right if both of the follpwing ppply:
a. It would be �nrensannbly cosdy, burdensome, or impractical for more than one fixed-bt�sed oper¢tor to provide
such serviees, And
b. If allowing more than one fixed-based vperator ta prpvide such services would require the reduction of space
feased pursnant to an existing agreement 6etween such single fixed-based operAtor And such airport.
It further agrees that it will not, either directiy or indUectly, grant or parmit any person, firm, or corporation, the exclusive
right at the vrport to conduct any aeronautical activities, inciuding, hut not limited to charter flights, pilot training, uircraft
renta[ and sightseeing, nerinl photngraphy, crop dusting, aerial advertising ttnd surveying, air carrier aperutions, aircraft sales
�nd services, s�le of aviuflon petroleum products wE�ether or not conduetad in conjunction with other uemnautical ac@vity,
repair und m�intennnce of uircrnft, s�le of �ircraft parts, and uny ather activities v�hich because of their direct rela�onship Co
the operation of �ircraft cun be regarded as An
aeronnuticul activity, and tE�ut it will terminate any exclusive right to conduct an ueronautical uctivity naw existing at such an
airport 6efore the grant of any ussistance under Title 49, United States Cod�.
24. Fee and Renfal fifructurn. It will mainfain a fee and rental structure for tfie facllides t+nd services a[ the ttii[port which will
ma[ce the �itpnrt as se1F-sustaining as ppssible under the circumstances existing u[ the partictt[.�tr airport, kuking into account
such f¢ctors �.s the volume oF traFf�c and ecanomy of calleotion. No p�rt oF (he Federaf shure af an airport development,
ttirport pinnning or noise compaubility project for which u grant is made unde� Title 49, ilnited 5tates Code, the A[rport F►nd
Page 17 of 22
�
Airway Improvement Act o(1982, the Federal Airport Act or the Airport and Airway Development Act of 1974 shall be
included in the rate basis in estnblishing fees, raEes, and ciiarges for users of ihut airpnrt.
25. Airport Revenues.
a. All reveaues generated try the airport and any locaf taxes on aviation fuel estahlished After December 3D, 1487,
will be expended by it for the capital or operaling costs of the airport; the local airport system; or other local
facilities which are owned or operated hy the ownar or operator of the airpart and which are directiy and
substantially related to the actu�l air trunsportntion of psissengsrs or property; or for noise miti�ation purposes on
or nfF the ttirpart. Pruvided, however, that iF covenartts oe ass�rances in debt obligatiqns issued before 5eptem6er
3, 1982, by the owner or qpera#ar of the airpott, or provisions enacted before Sep[ember 3, [982, in govertung
stat�tes controlling the nwner ar operator's financi�g, provide for the use of the revenues from any of the tiirport
owner or operators facilities, including the uirport, [o support not anly the airport 6ut a[so the rurpoft owner or
operaror's general debt abligations or ather faciliGes, then this ]imitation on the use of all reveimes generated by
the uirport (�nd, in the case of a pu6lie airport, local taxes on aviation fuel) shali not apply.
b. As parE of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the aadit will
re�iew, and the resulting audit report will provide un opinion conceming, the use of airport revenue und tuxes in
parAgraph (a), and indicating whether funds paid or transferred to the oWner or operator a[e paid or trAttsfarred in
a manner consistent with TiEfe 49, []nited States Code and any other applicable provision of law, including any
regulation promulg+�ted by tha 5ecretury ar Administrutor.
c. Any civil penalties or other suncrions will he imposed for violation of this assurance in aecordance with the
�rovisiorts of Section 47107 of Tit[e 49, United States Code.
26. Reports and Inspections. It wi11:
a, submit to the 5ecretary such annutil or sp.ecial fnancial and operati�ns repo�ts ns the Sectetury mAy reusanably
request and make s�ch reports available ro the public; make uvailahle m the public ut reasor�able times tu�d pluces
a report of the airport budget in a fpunat prescribed by the 5ecretary;
b. for airport deveiopment projec[s, msilce the nirpart and all airport recards and documents affecting the airport,
including deeds, leases, pperation qnd use agreements, reguEatians and othex f►tstntmen[s, available for inspection
by any duly authorizet� agent of the Secre[ary upon reasqnable request;
c. foE noise compntibiliky progttun projects, malce recards swd dacuments relutin$ to the project and eantinued
camplianee with the terms, conditions, and assurances of tha grttnt agreement including deeds, leases,
agreements, regularions, and other instnaments, a�ailahle Eor inspection by any duly authorized agent of t�e
5ecretary upon reasonable request; and
d. in a format tuid time prescribed hy the 5ecretary, pravida to the Secretary smd make av�ilabEe ta the public
following each of its fiscal years, an 4nnunl report listing in 8etail:
(i) all timounts paid 6y the airpart to any other teniE of go�ernment and the purpases for which each such
payment was mude; and
(ii) �11 services twd property provided by the airpart to ather units of government and the um�ount af
co�npensutton received for provision of each such service and pro�rerty.
27. Use by Gnrernment Aircraft Il will rna[ce avuilahle all of the fucilides nf the turpnrt develaped with Federal financial
lssistance suid alf those ust�ble for landing and takeoff of aircraft to the Llnited Stfltes for use by Cavernment aircraft in
comtnon witU ather aircraft at all times without charge, except, if the use hy Government aircraft is substanlial, charge mny
6e mude fvr a reasona6le share, proportional tq such use, for the cost of operating and maintaini�g the facilicies used. Unless
otherw'sse determineci by the Secsetary, pr otherwlse agreed fo by tha sponsor and the using agency, substt�nGal use af an ,
airpart by Gaveanment aircrnfc wil[ be considared ta exist when operations of such aircraft sue in excess of those which, in
the opinion of the 5ecretary, would unduiy interfere with use of the landing areas 6y aFher authorized aircraft, or during any
calendarmonth tha[-
a. Five (5) or more Government �ircruft ure regWarly based at the �irport or on Eand ndjacent thereto; ar
h. The total number of movemenks (cnunting each landing as a movement) of C`iovernment aircraft is 30U or more,
or the gross accumulative w$igfit of Government aiicraft using the airporf (the total movement of Government
�aircraft multiplied by gross weights of such aircrnft) is in exeess of five mitlion pounds.
28, L�nd for Federa] Faeilifies. it will furnish without cost ro the Federal Government for use in connection with any air traf6e
contro! ar air navigati4n ac[ivities, or weather-reporting and communicukion nctivities related to air traific control, any areas
of lund or water, or estate therein,_pr rights in buildings of the sponsor as Che Seeretary consideFs necessary or desirable for
construcrion, operation, and maiotenance at �'ederal expense oF space or facilities fvr such purposes. Sueh areas or any
gvrtion thereof will be made available as provided herein within four months after receipt of a written teq�est from the
Secrefary.
29. Airport Luyout Plan.
a. It will keep up to date at all times ati airport layout plan of the airport showing (1) boundaries of the tii3rpqrt pnd all
proposed addikions thereto, togelher with the 6oundariss qf all offsite areas owned ar controlled 6y tbe sponsor for
airport purposes t►nd propnsed addiuons thereto; (2) the Iocation sind nature of all existing �utd proposed nirport
facilities and structures (such tis runwvys, taxiwnys, aprons, terminsil buildin�s, hsxngazs and roads), including all
praposed extensipns und reducdons of existing airport facilitias; tmd (3} the location af aU existing and propvsed
npnaviation areas n�td of al! exisling improvements there4n. Such airport layo�tt plAns and each amendment,
revisioo, or modiExcatian tlieireof, shall 6e su6ject to the upProval of the Secretary which approval shall he
�videnced by the signature of A duly uuthorized represenEAtive of the 5ecretary on the face of the nirport Inyout
p1an. The sponsor will not make or pern►it uny chnn$es or afterntians in tha airport or any af its fucilities which
are not in conformity with the �irport layout plan as ppproved by the Secretary and which might, in the opinion vf
tlie Secrexu�y, qdvarsely affect #13e sAfety, utility ar efEciency of the airport.
Page 1 S of 22
,
If a change az altertttion in the airport or the facilities is made which lhe Secretary determines ndversely affects
the safety, uEiliEy, or efFiciency af nny Federaliy nwned, [eased, ar funded prapeny on or off the airgart and which
is not in conformity with the airport ]ayout p1an as approved by tlie 5ecretary, the o�vne�• or nperator will, iF
requested, by the 5ecretury (1) eliminate such adverse effect in a mnnner npproved by the 3ecretary; or (2) bear
all costs of relocating such propeny (or replacement thereo� Co n site ¢ceeptable m the Seeretary and all costs of
restoring such property (ar replacement thereo� ta the Eevel of safety, utility, efFiciency, and cost of operation
existing beFare the unapproved changa in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed,
calar, naGonal origin, sex, age, or handicap t�e excluded from participaling in any activity conducted with or benefting from
funds recei�ed frorn this grant. This assurance qbligntas the sponsor for the period during which Federal f�nancial �.ssistance
is extended ta the prngram, except where Feder�l finuncial assistanee is to provide, or is in the form nf personal propertq or
renl property ar interest therein ar structures or imprvvements thereon in which ct►se the pssurance obligates the sponsor qr
any transferee far the longer ot'the Fol]owing periods: (a) the period d�ring which tlie property is used for a purpose for
which Federni finnncial assistance is extended, or For another purpose inv0lving the provision of similar services or 6ene�its,
or (b) the neriad during which lhe sPonsor retains qwnership or possessian of Che property,
31. Dispas�l, of Land.
a. For I�nd purchased under A grant for s►irport noise compatibility pwpasas, it will dispose of Ihe land, when the
land is no longer needed for such purposes, at fair murket value, ut dse earliest practicahle time. `Fhat pnrtion of
the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will,
at the discretion of the Secretary, L) be puid to the 5eeretary for deposit in the Trust Fund, or 2) he reinvested in
an approved noise campat9bility project as prescribed by the Secretary.
h. (1) For land pureh�sed under a grant for airpart develapment purposes (other than noise compatibility), it will,
when the land is no longer needed for airport p�rposes, dispose of such Ivnd at fair market value or make
availpble to the Secrettiryr tin umount equal [o the United States' proportionate sha�e of the fair mnrket value pf the
l�d. That portion of the proceeds of such disposition which is praportionate t� the Uniced States' share af the cost
of acquisition of such ]and wil1, {a) upon application to the Secretpry, be reinvested in another eligible aizpor[ ��
improwement projeck or projects appra�ved by che 5ecretary at that uirport or withrn the national airport system, or
(6) I�e paid ta the 5ecretary for deposit in the Trust Fund if no eligible pro}ect exists.
{2) Iand shall be considered ro 6e needed Far rtirport purposes under this assurance if (a) it may be needed for
aeronautical purposes (incfnding runway protecEion zones) or serve as naise buffer land, gnd (6) the revenue from
interim uses of such land contributes ro the imancial self-sufficiency nf die airpqr[. Further, land purchased with n
gr3nt received by an sirport ope�atar or pwner before becember 31, 198i, will he cansidered to he needed for
airpart purposes if the 5ecretf►ry or Fede[aI agency making such grant befare llecem6er 31, I987, u+qs notifed hy
the operator oc owneC of t�a uses of such land, did npt object to such use, und die land co�tinues to he used f4r
that purpose, such use having commenced no later than December 15, 1989.
c. Disposition af such land ¢nder (a} or (b} will be su6jeeE to the rctention or mservation of any interest or right
therein necessary to ensure that such land wiEl only be used for purpases which aze eompatible with noise levels
associated with operation qf the vrpor[.
32. Engineering and Aesign Services. It will szwacd each contract, ar su6-cnntract for program rt�anagement, canstruetioe
mana�emeni, pinnning studies, feasi6ility studies, architectural services, preliminary engineering, desig�, engineering,
surveying, mnpping or reEpted seirvices witi respect to the projact in th� same manner rss p contract for architectu�al und
en�ineering services is negotiated under Title IX of the Federal Prope[ty and Administrative Services Act of 1949 qr an
equivalent qualifications-Uased requirement prescribed ior or by the sponsor of the airport.
33. Foreign Markct liestrictions. It will not allow funds prvvided under this grant tn be used to fund any project which uses
any praduct or service of a foreign country during the periad in which such foreign country is listed by the United 5tates
Trade Represen[ative as denying fair and equitable market opporEunities for products and suppliers of the ilnited States in
�rocuremenk and construction.
34. Policies, Standards, and Specificatians. it will carry o�t the project in accordance with policies, standards, and
specificatians apprnved by the 5ecretary in�lading buE not ]imited to the advisory circulsus listed in the Cvrrent �AA
Advisary Ctrculurs fos AIP proje�ts, dated 7/1/99 and included in this grpnt, Fuid in accordance with applicable st4te pqlicies;
- stnndards, and speciftcations approved by the Secretory.
35. Relocution and Real Praperty Acquisition. (1} lt will be guided in acquiring real property, to the greatest extertt
practicable under State law, by the land acquisition policies in 5ubpurt B vf 44 CFR Part 24 und will pay or reimburse
proper[y owners for necessary expenses as specified in Suhpart B. (2) It wil! provide a relocation assistance prograrr► offering
the services descrihed in SubparC C and f�ir rutd reasonable relocatian payments and assistance to displaced pe�sons as
required in 5ubpart D and E of A9 CFR Part 24. (3) I[ will Enalce available within a reasona6le perind of time prior to
displacement, compar�ble replacement dwellings to displaced pecsons in Actordance wifh 5e�hpar[ E of 49 CFR Par[ 24.
34. Access By Intercity Buses. The airpnrt owner or operutor wilf permit, tn the maximum extent practicable, intercity buses ar
other modes vf tr�nsportation to have access to tE�e aerport, hov�rever, it has no obiigatioq to fund special faciiitEes fqr intercity
buses or far other modes of transportation.
37. Disadvatttaged Businrss Enterprises. The recipient shall not discriminate on the 6asis of race, color, nationul origin or sex
in the award and performance af any D�'I'-assisted contract or in the administration of its DBE program or the requirements
of �9 CFR Part 26. The Recipient shall take ull necessary and reacona6ie steps under 49 CFR Part 26 to ensure non
discriminaiion in the uward and Administration af D�T-assisted contracts. The r�ecipient's DBE program, as reyuired by 49
Page 19 of 22
� � s
GFR Part 26, and as ¢pproved by DOT, is incorporaled by reference in this agraement. implementation of this progrFun is a
fegal obligation and failure to carry out its terms shafl be trented us a violatian oF this agreement. Upon nokification to the
recipie�t of its iailure tq carry out ils apprqved prograrn, the Department may impose sanctions as provided for undex Part 2b
and may, in appropriate cases, refer the maiter For enforcemenE under 18 il.5.C. lOD I andlor the Program Fraud Civil
Remedies Act of 1986 (31 U,S.C. 38pI),
CURRENT FAA ADVTSORY CIRCULARS �'OR AIl'/PFC PRO�EC'TS Updated an: 7/ V49
The following apply to both AIP and PFC Projects
NUM$ER
70i7a6Q-17
15Q/5006-13
150/510�-14C
150/5200-3flA, CHG 1 & 2
150/5200-33
150/521D-SB
150/521 p-7B
154/5210-13A
150/5210-I4A
15Ul5210-15
15015210-18
150/5210-19
150/522Q-4B
150/5220-LOB
150/5224-13B
15015220-16B
150/522D-17A
150/5220-18
150/5220-19
154/5220-2Q, CHG 1
1501522Q-21A
15D/5360-13, CHG 1, 2, 3, 4, 5
I SD/5300-14
150/53D6-15
15Q/532U-5B
15015320-6D
150/5320-12C
150/532Q-14
150/5320-1[
[SO/S32S-4A, CHG 1
15a15340-1G
15415340-4C, CHG 1 & 2
ISDl5340-5B, CHG 1
L50l5340-14B, CHG I & 2
150/5340-178
i50/5340-18C, CHG I
150IS340-19
I50I534�-21
15DIS340-23B
150/5340-24, CHG 1
150/534D-27A
I5015345-3D
150/5345-5A
154/5345-7L�, CHG 1.
L)
150/5345-1pE ,
l5Q/S3A5-12C
i5015345-13�+.
15pIS345-265, CHG 1 & 2
1S0/5345-27C
150/5345-28D, CHG 1
150l5345-39B, CHG 1
15015345-42C, CHG l
TTTT.E
Obstru�tion Marking and Lighting
Announcement of Availability—R"1'CA Inc., Dacument ItTCA-221, GuidF►nce and
Recommended Requirements for Airport Surface Movement Sensors
Architectural, �ngineering, And Planning Consult4nt Services for Airport Grant Projects
Airport Winter Safety and OperuGons
Hazardous Wildlife Attractants On or Near Airports
Paincing, Mmiting arid Lighting of Vehicles Used an an Airport
Aircraft Fire and Rescue Cammunications
Wuter Rescue Pkans, Facilities, and Ec�uipment
Airport Fire sutd Rescue Personnel Protective Clothing
Airport Rescue & Fire�'ighting 5tacion Bvilding Design
Systems for fnteractive Training af Airport Personne!
T7river's Enhlnced Visian System (bLVS)
Water 5upply 5ystems far Aircrafk Fire and Rescue Protection
Gtiide 5pecification for WaterlFofun Type Aircraft Rescue ond F'trefighting Vehicles
Runway 3urface Condition Sensor Specification Guide
Automated Wenther Observing 5ystems for NonFederal Applications
besign Standards for Aircraft Resc�e Firefiehting Training Fdcilitiss
Sui[dings for Storage and Maintenance of Airpvrt Snow and Ice Control Equipment and
M�t(:11A1S
Guide 5pecification for Smnll, Duuf-Ageni AircraFt Bescue and Firefighting'V�hicles
Airport Snow aod Ice Control Equipment
Guide 5pecification for Lifts Used ro Boazd Aidine Passeng�rs With Mobility Imp�irrtients
Airport Design
Design of Aircrafr Deicing Facilities
Use af Value Engineering for Engineering Design of Airport Grant Prajects
Airpart Drainuge
Airport Pavement �esign und Evalua[ion
Measurement, Canstruetion, und Mnintenanca of 3[cid Resistant Airport Pa�ement Surfaees
A,irport I,ut�dscaping for Noise Conteol �urposes
Airpo�t PAvement Desig� for the Boeing 777 Airplane
Rimway Length Requirements for Airport besign
5tandards forAirport Markings
Inst�llatinn Details for Runway Centerline Touchdown Zone Lighring Systems
Segmented Circle Airport Marker System
�canomy Approach Lighting Aids
Stand6y Power for Nvn-FAA Airpott Lighting 5ystems
3tandards for Airport 8ign 5ystems
Taxiway Cenierline Lighting System
.4irport Miscellaneous Lighting Visuul Aids
5upplement�l Wind Cvnes
Rimway und Taxiway Edge Lighting System
Air-ta-Ground Radio Contra] of Airpart I.ighting 5ystems
Specificafion far L821 Fanels for Remote Control of Airport Lighting
Circuit Seleetar Switch
Specificadon for L82�F Clnderground Electrics�l Cable for Airport Lightiag Circuits
Specifica[ion far Cnnstant Current IZ�egulators Regularor Monitors
Specificarion €or Airport and fIeRport Beacon
5pecification for L841 Auxiliary Ralay Cabinet Assem6ly foz Pilot Control of Airport I.i�hdng
Circuits
Specification for L823 Plug and ReceptaGe, Cable Connectors
Speciflcation for Wind Cone Assem6lies
Precisian Appranch Path lndicator (PAPIj 5ystems
FAA Sgecification L853, Runway and Taxiway Centerline Retroretlective Ms►rkers
Speciiication far Airport Light Bases, Transformer Housings, 7uncuon Boxes tutd
Accessories
15015345�3E Specification for 06struction Lighting Lquipment
150/5345-44F, CHG l Specification for Taxiway und Runway Signs
15D15345-45A LigE�tweeght Approach LighE SWcture
L5015345-46A Speci6catian for Runway and Tuxiway Light Fixtores
150/5345-47A Isala4an Transformers For Airpart Lighting Systems
150/5345-49A Specificatlon L854, Radia Cantrol Equipment
150/5345-50, CHG l 3Pe�ification far parsable Run�vay Lights
15015345-51, CHG � 3peciFicution for Dischnrge-Type �'lasher Equipment
Page 20 of 22
150/5345-52
150/5345-53A, (including Addendum)
15015360-9 `
1501536D-12A
150/5360-13, CHG I
15415370-2C
150l5370-fiB
150/5370-10A CI-IG 1, 2, 3, 4, 5, 6, 7, 8, 9
150/5374-L S, CfIG 1
1501537D-12
150/539Q-2A
I5015390-3
Generic Visual Glidcslope Indicators {GVGI)
Airport Ligh[ing Equipment Certiiication Program
Plunning and Design of Airport Terminal Fncilities nt NnnHub l.ocations
Airport Signing & Graphics
Yianning nnd L3esign Guidance far Airport Termina! Fticifities
Operational Safety an Airports During Construc[ion
Construcdon Progress and inspectinn Report-Airport Gra�zt Pmgram
Standards for SpeciFying Construction of Airports
Use of IVondestructive Testing Devices in the EvaIuation ai A.irpart Puvaments
Quality Conuol af Constivction for Air��ort Grant Praje�ts
Helipart Design
Vertiport Design
P3�� 2,1 O� 2,2,
ATTACFIMENT C
CERTTFTCAT�ON REGARDING DRUGFREE WORKPLACE REQUIREMENTS
A. The grantee certi�es that it wili or will cantinue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distributinn, dispensing,
possession, or use of a controlled substance is prohihited in the granfee's workplace and specifying the actions
th�t will be ta[cen against emplayees for violation of such prohibition:
(b} Establishing an ongoing drug-free awareness program to inform employees about-
{1) The dangers of drug alouse in the workplace;
{2) The grantee's policy of maintaining a drug-free workplace;
{3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be impased upQn employees for drug abuse violations occr�u-ring in tt�e workplace;
{c) Malc�ng it a reqairement that each ernployee to be engaged in th,e perfoz�mance of the grant be given a eopy of
the statement required by paragraph (a};
(d) Notifying the employee in the statement required by paragraph (a) that, as a eondition of employment under
the grant, the employee will-
(I) A6ide by the terms of the statement; and
(2) Notify the employer in writing oi his nr her convietian for a vioiation of a criminal drug skatute accurring ,. .
in the wnrkplace no later than five calendar days after such conviction;
(e} Notifying the �gency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from
�n employee or otherwise recei�zng actual notice of such conviction. Employers of convictad empIoyees must
provide notice, including position title, to every grant of�icer ar other designee on whose grant activity the
can�icted employee was wnrldng, unIess the Federal agency has designated a cantral point for the ceceipt of such
notices. Notices s�all include the identifi�ation number(s) of each affected grant;
(� Taking one oi t�e fnllowing act'tons, within 3(} Calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking apprnpriate personnal ackitin against such an employ�e, up to and including termination, consistent
with the requirements of the Rehabiiitation Act of 1973, as amended; or
(2) Requiring such employee to participate sltisfactorily in a drug abuse assistance or rehahili#ation program
approved far such purposes by a Federal, State, or locai health, law enforcement, ar other appropriate
a.gency;
(g) Making a good f�ith effart to continue to maintain a drug-free workplace through implementatian af
para�raphs (a), (b), (c), (d), (e), and (t}, -
B. The grantee may insert in the space provided below the site(s) for the performance of wozk done in connection
with the specific grant:
Plaee of Performance (Street address, city, county, state, zip code)
61�►a I!�' . 1�.,��.0 �?"•
I'�r� l.e��r�/�i . 1 � vYo�sr'% �ou.�r.% �
.
� '7(o f O �
Check if e e a,t�- rkplaces an '1" � e not identified here.
Signed: � �ie� Dated: 0 ��p���►
� ` -
�arc A. O�rt, Assistan� Citv Manacle�'
Typed Name and Title of Sponsor Representadve
Page 22 of 22
_ �'
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AVIATION DIVISION
125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • 512/416-4500 ��Ax 51 2141 6-451 0
August 15, 2002
Mr. Ltzis Elguezabal
.hirport Mar�ager, City of Fort Worth
�201 North Main Street, Suite 20Q
Fort Worth, Texas 76141-27�9
Dear Mr. Elguezabal:
T�DOT CSr No.:
Fund Source:
Project Na. :
02Q2MEACH
41500DOQ06
AP MEACHAM 6
Enclosed are several documents that must be eompleted hy the City of Fort Worth in
o�d�r ta ini�iate the airport development project for the Fort Worth Meacham T�tert�ational
Airpor�. Please review �he instructions in this transmittal letter for completitag the docum�nts
and rrexurn the documenfs not later than September 16, �UO�. We are mast pleased ko
provide any assistanee possible to help campiet� this project in a timely manner.
Enclosed are two copies of the Airport Project Participafion Agreemeni {APPA) beiween
the City of Far� Warth, as airport sponsor, and the Texas Department of Transportation, Aviation
Divisian, as yaur agent for this project.
We request that you praceed as expeditiously as possible to execute the Agreernent and
complete the certifications. It wiIl be necessary for your attorney to endorse your acceptance of
the Ag�'eemenk to assure that ii has been accepted i� accordance with local laws. Both copies of
the Agreement should have original signatures for acceptance. Please return both cnpies of the
fully signed Agreements to the Aviation Division. We will retuz-n an executed copy to you for
your recoxds.
Texas Depaltment of Transportation - Aviation Division
125 E. 11th St.
Austin, Texas 78701-2483.
The spansor's sha�'e of thc negotiated master plan project casts is $63,890.OD. Please
reznat payment ta the address as follows by September 16, 20�2:
Texas Departrnent of Transportation
P.O. Box 5020
Austiz�, Texas 78763.
Attn.: Diana Ruiz
An Equal OpNartunrry Employe •
Mr. Luis Elguezabal
August 15, 2002
Page Tv�ro
I� you have questions concerning the enclosed documents, please conta�t Allison Martin
at 1-SOQ-687-4568. The Texas Department of Transportatian looks forward to working witl� you
on this important praject for qour community.
Respectiully,
� -- '
� -
David S. Fulton
Director
cc: Maribel P. Chavez, P,E.
am
_ 'I , t I � .` . r , .� I l.
AV1AilON DIVISION
125 E. 11TH STR�Ei • AUSTIN, TEXAS i8701-24B3 � 512/416-4500 � FAX 5121416-4510
Aug�st 27, 2002
Mr. Luis Elguezabal
Airport Manager
City of Fort Worth
4201 North Main Street, Suite 200
Fort Workh, Texas 76101-2749
RE: TxD�T Number: 02a2MEACH
Dear Mr. Elguezak�al:
We are pleased to return to you the completed Aixport Project Partieipation Ag�`eement bet-�veen
the City of Fart Worth and the Texas Department of Transportatian.
For this praject, th.e assigned Grant Manager is Anna 5aldana; she will hand�e the execution of
the contracts invoI�red for the proj�ct. The assigned Project Manager is Michelle Hannah; she
will handle alI technical and management aspects of the airpoi•t master plan project. Yau may
contact either for assistance, as you need.
We look foitivard to the successful completion of this important project. Piease call me if you
kaave any questions at 512-416-4512 or 1-500-687-4568 (800-68-PII.,OT).
Sincere�y,
� ��lll 1 �� 1 � �� 1� F,
� V � �
�
Allison Martin
Grant Manager
ec: Michelle Hannah
Ben Gutteiy, FAA TxADO
An Equal �pport�nity Employei
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Ek is rec��rne�ded ��at ih� �it�+ �aunc3l:
'I. Au#fi�ori�e tl�e �it� f�lana�er to �cc�pt and �x��u�� ar� �,Irpo�t Pro�eck Pa�tic��a#ion �l�r��m�r�� gf�n�
ffom �he T�xas C�e�ar��ent o# Tr�r�spar#ation ir� #h� amo�Gr�t of �32�,OQ0 for th� Airpori f1��ster Plan
at F�rE 1No�-[h f���cl�arn ��teE��tf�r��l A�r�aorl; anc�
�. Ad�pt �he �ttacl�ed a�pr�priatior� or�inanc$ Increa�in� �����na��d r��ei�ts a�d appr�pr��tion� in th�
��pl#al f�ro��c�� Reser�e F'�rrd �n the �r�o��t of $41,747 fior tl�e �i�y's �a���h ur�d�� ��� �rant; and
�. �4u�h��iz� the trar�sfer of �ur�ds in tric� arr�ount of ��1,747 frc�m the �apital Proj�cts F�e��rv� Fun� �a
the �ra�ts Fur�� For th� ��ly's �rr�tcl�; ar�d
�. Ad�pt tl�e atkac��d appro�riat�on ordl�ance incfe�s�ng �stirrra�ec! fie��i�ts ar�d appr�pr�atiar�s Ir� #fi�e
Cr�n#s �u€�d b� $�88,88�J, �ubjecE ta re���pt o� the �rant.
DRSCUSS�O�V:
�r� �ep�emb�r ��, �{3�'I �Nl&� �41 �35�), tY�� ��#� �o�nckl a�tl��rl�ed the ��pfop�iation o� ���,�QO Fc�r
�he d�velopmen# of rr�a�t�r �lans f�r t��#1� �o�# VV�rth E�11ea�1�am fn��r��tl�n�l �lirpor� (Pl�leach�rt�} �n�
�pi�ks I�Erp�rt (�pink��. Th�s �45,OQ0 re��ese�ts 1�°� of the proj��t co�t, �s rna#ch c�mmikt�d from t�e
�ity, b���d on th� estirr��ked ��sts for develap�[�g ih� �e�ch�rr� �n�st�r �I�� �n ih� �mount of $�50,0��
ar�d the �pinks rnaster p1�r� En th� �m��nt �f $��4,�00.
���s fv�a�r�r an� �aur�cil �ornmurrlc�k��r� �utl�orizes �he �cc�pt��ce of a gra�l f�orn the T�xas
�e�a�tm��k c�f Transp�rtatkon ��'xC3�T� in the aRx�aunt c�f ��2�,���, #h� m�xGrr�urn pa�rab�e b�r fh� st�te
fo� fih� h�leacharrt st�d�. �f #I�� ini�tal �4�,��U ��l►� share aut�ori�ed b� the �it� �ot���ll, $�2,8�8 w�s
used f�� l�e �pinEcs ma�ter plan, le�vir�� � baka�ce of ���,'l4� �h�t can be applied �a tl�t� stu�y_ Tl�e
total c�st of ti�e N1�a�ham mester pl�n as $�88,889 r�sulfin� Er�m ar� addf�i�nal a€r �erv��� f��sibiiit�r
s�u�y require�n�r��, v�Y�i�h €eaves a funding shor#f��l o� ��3,8�� f�r �€�e s�ud�r, Th�ref�are, th� addation�l
�atch�n� ��r�ds req�irer� fram the �ity ��r deve�op�n�r�E �f ##�� iute�charn m�ster pian is $�1,7�7, �r�d ik
Is recarnmended t��t ��pi#�I Projec�s F��s�rv� �ur��s I�e �sed fvr tk�ls sh�rk€all.
The f�+leacharr� m�st�r p�a� wlll be dev�io�e� �y DP�4JN� Avi�ti�n u�der a cvntrac# +�rith Tx€��T, Wt�i��
#he �wt� �articipate� �n ��� �rojec� �ir�anc�all�, �rrd w3ll w�ri� w�fh i�e �onlractor du�i�� #�e stucfy, ���
actual contr��t v�rill be exec�t��l be�w��n Tx��� an� qf�JN1 ,��rlat�on. �`he �rt�r will not be a���r�alory
t� the cor�l�act.
�"h� property is ioca�a� 't� ��L�fU�IL DI�TF�I�T �.
Ordinance No.
AN ORDINANCE INCREASTNG ESTIlVIATED RECEIPTS AND APpROPRiA'TiONS
IN THE CAPTTAL PROJEGTS RESERVE FUND IlV THE AMOUNT OF $41,747
•� -� FROM AVA�LABLE �UNDS . FO� Tf� PLTREOSE OF FUNDING THE CITY'S
MATCH FOR TI� DEVELOPMENT OF MASTER PLANS FOR BOTH MEACF3AM
AND SPINKS AIRPORTS; MAKING THIS ORDINANCE CUMiJ�.ATiVE OF PRIOR
ORDINANCES IN C�NFLIGT HEREWITfi; AND PROVIDA�TG AN BFFECTNE
DATE.
SL IT ORDAINED BY TI� _ CITY COUNCIL, 0� THE CiTY aF �ORT WORTH,
TEXAS:
SECTTON 1.
Tttat in addifien to thase amounts allocated #o the various Ci#y depart�nen#s for Fiscal Year 2401-02 in the
Budget of t�e City Manager, there shall also be increased estimated receipts and �pprapriations in the Capital
Projects Reserve k'und 'm the amonnt of $41,747 for the put�sose funding the City's � match %r the
clevelopment of mnasier pians for both Meacham and Spinks Airports
SEC'Tl�N 2.
That should any portion, seciion or part o€ a section of this ordinance be declared invaIid, inoperative or void
for any xeason by a covrt af competen# jurisdiction, �such decisinn, opinion or jud�ent shail in no way impair
the r��n,ng portions, sections, or parts of sections af this ordinaz�ce, which said rema.ining provzsians shall
be and rernain in full force and effect.
SECTION 3
That this ordinance s�all be cumulat�we of Ordinance Na. 1�}7�45 and all other ordinances and appropria#ians
amending the same except in those instances where the provisions of this o�dinance are in direct conflic# with
such othez ozdinances and appropriations, in which instance said conflicting provisions af said prior
ordimances and apprapriations are hereby expressly repealed.
SECTTON 4.
',�his o�dinance sYiall talce effect upan adoption.
APPR D AS TO FORM AND LEGALTTY:
�
Assistant City Attonatey // '
{f
ADOPTED AND EFFEGTNE:
City o�'.�'o�t i�o�th, T'e.�cas
��� ��-� f ��! '�� ���, -
���u�����t��r�
DAT� R�FEF2ENCE IWUMBER LOG NAME PAGE
Slgi�z � *'��-1369� � 55PLAN 1 1 of 2
��g���7 ' ACCEPT TEXAS DEPARTMENT Ofi TRANSPflRTATfON GRANT AND ADOPT
� APPROPRIATION ORDINANCES FOR AIRPORT MASTER PLAN AT FORT WC7RTH
MEACHAM �NTERNATIONAI. AIRPORT
, REC�MMENDATION;
It is recammended that the City Council:
1. Authorize the City Manager Ya accep# and execute an Airport Project Participatiort Agreement grant
fram the Texas Depar�m�nt of Transportation in the amouni of $325,QOa far the Airport lUlaster Pfan
at Fvrt Worth Meacham International Airport; and
' 2. Adopt the atiached appropriatiar� ordinance increasing estimated re�eeipts and appropriations in ihe
� Gapital Projects Reserve Fund in #he amount of $41,747 for #he City's match under the grant; and
' 3. Autharize the transfer of funds in the amount of $4'�,7�47 from the Capitai Projec�s Reserve Fund to
the Grants Fund far the Ciiy's match; and
4. Adapt the aitachec! apprapriation ardinar�ce increasing estimated receipts and appropriatians in the
� Granis Fund by $388,889, subject ta receipt of the grant.
� DISCUSSION:
On S�ptember 2�, 2a01 (IVl&C G-13387), the Ci#y Council autharized the appropriation of $45,DOa for
the development o� maste� plans for bQth Fort V1lorth Meacham International Airpr�rt (Meacham} and
Spir�ks Airport (S�inks}. This $45,OOQ represen#s 70°!0 of the project casf, as match cammitted from the
City, based fln the estimated cQsts for deueloping the fVleacham master plan ir� the amaunt of $25Q,OOQ
and th� Spinks master plan in the amount of $200,aao.
This Mayor and Council Communication autharizes the acceptance af a grant �From #he Texas
Department af Transportation (TxDOT) fn t�e ama�nt of $32�,000, the maximum payable by the state
for the Meacham study. Of the initial $45,OOQ City share authorized by the City Council, $22,858 was
used for the Spinks master p1an, IeaWing a balance of $22,�42 thaf can be applied fo this s#udy. The
iofal cost of the Meacham master plan �s $388,889 resulfiing fram an additianal air service feasibility
study requiremer�t, which leaves a Funding shortfal) of $83,889 for the study. Therefore, the additional
maiching funds required from the City far d�velc��ment of the Meacham master plan is $4't,747, and it
is recammended that Capita! Proj�cts Reserve funds be wsed for this shorttall.
The Meacham master plan will be developed by DMJM Aviatian under a contract with TxDOT. Whife
the City participates in the praject financially, and will worit with #he contractor during the siudy, the
actua! con�ract will be executed between TxD4T and DMJM Aviation. The City wifl not b� a signatary
to the contract.
The praperty is located in COUNCI� pISTRICT 2.