HomeMy WebLinkAboutContract 61614-A1Docusign Envelope ID: 286C6653-E5F3-423E-8A65-AF5F53AD69AD
CSC No. 61614-A1
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT Project No.: 2402SPNKS
Commission Approval: May 23, 2024
IIJA Funds Applied: FY 22
UEI: ENS6MKS 1 ZL 18
ALN: 20.106
Amendment No. 01 to the Agreement
Part I - Identification of the Project
TO: City of Fort Worth, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
City of Fort Worth, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agreement TxDOT CSJ Number 2402SPNKS, executed by the Sponsor on
June 17, 2024, and by the State on June 28, 2024, for the development of Fort Worth Spinks
Airport, hereinafter referred to as the "Airport".
The project is described as engineering/design services to vehicle service road for access
to a hangar development area on the east side at Fort Worth Spinks Airport.
It is in the mutual interest of the Sponsor and the State to amend to add current FAA grant
requirements. The funding will also be funded at 95% federal and 5% local.
Part II - Offer of Financial Assistance, estimates total project costs to be $73,300; and
financial assistance is currently limited to $65,970 in federal funds and $7,330 in local sponsor
funds.
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendment by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
On Part II, Item No. 2 of the Agreement, change Amount A, estimated total project costs,
and any further references in the Agreement to Amount A, to $73,300.
OFFICIAL RECORD Page 1 of 26
CITY SECRETARY
FT. WORTH, TX
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2. On Part II, Item No. 2 of the Agreement, change to: It is further estimated that
approximately $73,300 (Amount B) of the project costs will be eligible for federal
financial assistance, and that federal financial assistance will be ninety-five percent
(95%) of the eligible project costs. Final determination of federal eligibility of total
project costs will be determined by the State in accordance with federal guidelines
following completion of project.
3. On Part II, Item 3 of the Agreement, change Amount C, the maximum obligation of the
United States payable under this offer, and any further references in the Agreement to
Amount C, to $69,635.
4. On Part II, Item 4 of the Agreement, change Amount D, Sponsor's share of the estimated
costs, and any further references in the Agreement to Amount D, to $3,665.
5. Add to Part 11:
20. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms
and conditions contained herein including the terms known as the Grant Assurances as
they were published in the Federal Register April 2025. On May 16, 2024, the FAA
Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The
Reauthorization Act will require the FAA to make certain amendments to the assurances
in order to best achieve consistency with the statute. Federal law requires that the FAA
publish any amendments to the assurances in the Federal Register along with an
opportunity to comment. In order not to delay the offer of this grant, the existing
assurances are attached herein; however, the FAA shall interpret and apply these
assurances consistent with the Reauthorization Act. To the extent there is a conflict
between the assurances and Federal statutes, the statutes shall apply. The full text of the
FAA Reauthorization Act of 2024 is at htt_ps://www.conaress.2ov/bill/118th-
conares s/house-bill/3 93 5/text.
21. Applicable Federal Anti -Discrimination Laws. Pursuant to Section
(3)b)(iv), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -
Based Opportunity, the sponsor: Agrees that its compliance in all respects with all
applicable Federal anti -discrimination laws is material to the government's payment
decisions for purposes of section 3729(b)(4) of title 31, United States Code; and to certify
that it does not operate any programs promoting diversity, equity, and inclusion (DEI) that
violate any applicable Federal anti -discrimination laws.
22. Federal Law and Public Policy Requirements. The State and Sponsor shall
ensure that Federal funding is expended in full accordance with the United States
Constitution, Federal law, and statutory and public policy requirements: including but not
limited to, those protecting free speech, religious liberty, public welfare, the environment,
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and prohibiting discrimination; and the State and Sponsor will cooperate with Federal
officials in the enforcement of Federal law, including cooperating with and not impeding
U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and
components of the Department of Homeland Security in and the enforcement of Federal
immigration law.
23. National Airspace System Requirements:
a. The State and Sponsor shall cooperate with FAA activities installing, maintaining,
replacing, improving, or operating equipment and facilities in or supporting the
National Airspace System, including waiving permitting requirements and other
restrictions affecting those activities to the maximum extent possible, and
assisting the FAA in securing waivers of permitting or other restrictions from
other authorities. The State and Sponsor shall not take actions that frustrate or
prevent the FAA from installing, maintaining, replacing, improving, or operating
equipment and facilities in or supporting the National Airspace System.
b. If FAA determines that the State and Sponsor has violated subsection (a), the
FAA may impose a remedy, including:
(1) additional conditions on the award;
(2) consistent with 49 U.S.C. chapter 471, any remedy permitted under 2
C.F.R. 200.339
i. 200.340, including withholding of payments; disallowance of
previously reimbursed costs, requiring refunds from the Recipient
to the DOT; suspension or termination of the award; or suspension
and debarment under 2 C.F.R. part 180; or
(3) any other remedy legally available.
c. In imposing a remedy under this condition, the FAA may elect to consider the
interests of only the FAA.
d. The State and Sponsor acknowledges that amounts that the FAA requires the State
or Sponsor to refund to the FAA due to a remedy under this condition constitute a
debt to the Federal Government that the FAA may collect under 2 C.F.R. 200.346
and the Federal Claims Collection Standards (31 C.F.R. parts 900-904).
24. Signage Costs for Construction Proiects. The Sponsor agrees that it will require
the prime contractor of a Federally- assisted airport improvement project to post
signs consistent with a DOT/FAA-prescribed format, as may be requested by the
DOT/FAA, and further agrees to remove any signs posted in response to requests
received prior to February 1, 2025.
25. Title 8 - U.S.C., Chanter 12, Subchapter II — Immigration. The State and
Sponsor will follow applicable federal laws pertaining to Subchapter 12, and be
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subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring
certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter.
26. Duffv Plaintiff Special Term. Pursuant to the court's preliminary injunction
order in State of California v. Duffv. 1:25-cv-00208-JJM-PAS (D.R.I.) (June 19,
2025), DOT will not impose or enforce the challenged immigration enforcement
condition* or any materially similar terms and conditions, to any grant funds
awarded, directly or indirectly, to Plaintiff States or local government entities
within those States (collectively referred to as "Plaintiff State Entities"), or
otherwise rescind, withhold, terminate, or take other adverse action, absent
specific statutory authority, based on the challenged immigration enforcement
condition while DOT is subject to an injunction. DOT will not require Plaintiff
State Entities to make any certification or other representation related to
compliance the challenged immigration enforcement condition nor will DOT
construe acceptance of funding from DOT as certification as to the challenged
immigration enforcement condition.
*The challenged immigration enforcement condition:
"[T]he Recipient will cooperate with Federal officials in the enforcement of
Federal law, including cooperating with and not impeding U.S. Immigration
and Customs Enforcement (ICE) and other Federal offices and components of
the Department of Homeland Security in the enforcement of Federal
immigration law."
6. Delete Part III Item le and replace with:
e. it will comply with the Attachment G, Airport Assurances (4/2025), attached and
made a part of this Agreement; and
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All other terms and conditions of the agreement are unchanged and remain in full force and
effect.
This Amendment to the Airport Project Participation Agreement between City of Fort
orth, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Citv of Fort Worth, Texas
Sponsor
Valerie Washington Aug 18, 202510:40:07 CDT)
Sponsor Signature
Assistant City Manager
Sponsor Title
08/18/2025
Date
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
DocuSigned by:
tHUNntrul rNo4�s...
(Signature)
8/18/2025
Dan Harmon
(Typed Name)
Director, Aviation Division
(Title)
(Date)
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ATTACHMENT G
ASSURANCES
AIRPORT SPONSORS
4/2025
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this Grant Agreement.
B. Duration and Applicability.
Airport Development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport. There shall be no limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with federal funds. Furthermore, the duration of the Civil
Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less
than ten (10) years from the date of acceptance of Federal aid for the project.
Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and
assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.
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Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this Grant.
Performance under this agreement shall be governed by and in compliance with the following
requirements, as applicable, to the type of organization of the Sponsor and any applicable
sub -recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1
c. Federal Fair Labor Standards Act — 29 U.S.C. § 201, et seq.
d. Hatch Act — 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
§ 4601, et seq.' z
f. National Historic Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.'
g. Archeological and Historic Preservation Act of 1974 — 54 U.S.C. § 312501, et seq.'
h. Native Americans Grave Repatriation Act — 25 U.S.C. § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended — 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended —16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.'
I. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 — 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the
basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 — 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended — 42 U.S.C. § 4151, et seq.1
s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 — 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act — 40 U.S.C. § 3701, et seq.1
u. Copeland Anti -kickback Act —18 U.S.C. § 874.'
v. National Environmental Policy Act of 1969 — 42 U.S.C. § 4321, et seq.'
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w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.z
y. Drug -Free Workplace Act of 1988 — 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII.
cc. Build America, Buy America Act, P.L. 117-58, Title IX.
dd. Endangered Species Act —16 U.S.C. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended — 20 U.S.C. 1681-1683 and 1685-
1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq.
gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-
616, as amended — 42 U.S.C. § 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-
616, as amended — 42 U.S.C. § 4541, et seq.
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions — 31
U.S.C. § 1352.
EXECUTIVE ORDERS
a. Executive Order 11990 — Protection of Wetlands
b. Executive Order 11988 — Floodplain Management
c. Executive Order 12372 — Intergovernmental Review of Federal Programs
d. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building
Construction'
e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's
Workers
f. Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship
g. Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and
Preferencing
h. Executive Order 14154 — Unleashing American Energy
i. Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government
j. Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based
Opportunity
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FEDERAL REGULATIONS
a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 and 1201— Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.',', I
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 — Investigative and Enforcement Procedures.
e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150—Airport Noise Compatibility Planning.
g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.'
j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.'
k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).'
I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).'
m. 49 CFR Part 20 — New Restrictions on Lobbying.
n. 49 CFR Part 21— Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally -Assisted Programs.', 2
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial
Assistance).
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v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41—Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
Z These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this Grant Agreement which it will own or control.
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4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
S. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to 49 U.S.C. § 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise
transfer or dispose of any part of its title or other interests in the property shown on Exhibit A
to this application or, for a noise compatibility program project, that portion of the property
upon which Federal funds have been expended, for the duration of the terms, conditions, and
assurances in this Grant Agreement without approval by the Secretary. If the transferee is
found by the Secretary to be eligible under Title 49, United States Code, to assume the
obligations of this Grant Agreement and to have the power, authority, and financial resources
to carry out all such obligations, the sponsor shall insert in the contract or document
transferring or disposing of the sponsor's interest, and make binding upon the transferee all of
the terms, conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public -use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
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accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance -Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance -management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance
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at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant, the total cost of the project in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this Grant. The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a grant or relating to the project in connection with which this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for
the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
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16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this Grant
Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
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19. Operation and Maintenance.
The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
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b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed -based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees (including, but not limited to maintenance, repair, and fueling) that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to the
furnishing of such services by commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
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services at an airport by a single fixed -based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
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amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
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aircraft in common with other aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of
those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that:
Five (5) or more Government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather -reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
The airport owner or operator will maintain a current airport layout plan of the airport
showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non -aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property
boundary.
b. Subject to subsection 49 U.S.C. § 47107(x), the Secretary will review and approve or
disapprove the plan and any revision or modification of the plan before the plan, revision, or
modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities
unless the alteration —
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1. is outside the scope of the Secretary's review and approval authority as set forth in
subsection (x); or
2. complies with the portions of the plan approved by the Secretary.
When the airport owner or operator makes a change or alteration in the airport or the
facilities which the Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or operator
will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or its replacement to a site acceptable to the
Secretary and of restoring the property or its replacement to the level of safety, utility,
efficiency, and cost of operation that existed before the alteration was made, except in
the case of a relocation or replacement of an existing airport facility due to a change in the
Secretary's design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed
and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975
and related requirements; or disability per the Americans with Disabilities Act of 1990 and related
requirements, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any program and activity conducted with, or benefiting from, funds
received from this Grant.
Using the definitions of activity, facility, and program as found and defined in 49 CFR
§§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by or
pursuant to these assurances.
b. Applicability
Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponsor's programs and activities.
Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or interest therein, or
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structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The ([Selection Criteria: Sponsor Namel), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 ( 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant
to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in
response to this invitation and no businesses will be discriminated against on the grounds of
race, color, national origin (including limited English proficiency), creed, sex, age, or disability
in consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally -assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally -assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex, age, or
disability as a covenant running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
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g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
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c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator
or owner before December 31, 1987, will be considered to be needed for airport purposes if
the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title
49 U.S.C., it will award each contract, or sub -contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an
equivalent qualifications -based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/aip-pfc-checklist O.pdf) for
AIP projects as of [Selection Criteria: Project Application Date].
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
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36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award
and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C.
§ 47102) has been unable to accommodate one or more requests by an air carrier for access to
gates or other facilities at that airport in order to allow the air carrier to provide service to the
airport or to expand service at the airport, the airport owner or operator shall transmit a report
to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
Page 24 of 26
Docusign Envelope ID: 286C6653-E5F3-423E-8A65-AF5F53AD69AD
40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time
during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of,
or self -fueling with, 100-octane low lead aviation gasoline.
b. This requirement remains until the earlier of December 31, 2030, or the date on which the
airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that
has been authorized for use by the FAA as a replacement for 100-octane low lead aviation
gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an
industry consensus standard or other standard that facilitates the safe use, production, and
distribution of such unleaded aviation gasoline, as determined appropriate by the FAA.
c. An airport owner or operator understands and agrees, that any violation of this grant assurance
is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8).
View the most current Series 150 Advisory Circulars (ACs) for Airport Projects:
http://www.faa.gov/airports/resources/advisory_circulars and
httr)://www.faa.gov/regulations policies/advisory circulars
Page 25 of 26
Docusign Envelope ID: 286C6653-E5F3-423E-8A65-AF5F53AD69AD
I have read and agree to follow the attached FAA Grant Assurances.
City of Fort Worth, Texas
(Sponsor)
Valerie Washington (Aug 18, 202510:40:07 CDT)
(Sponsor Signature)
Assistant City Manager
(Title)
08/18/2025
(Date)
For more information, please consultant the AIP handbook.
httijs://www.faa.gov/airports/aip/aip handbook/
Page 26 of 26
Docusign Envelope ID: 286C6653-E5F3-423E-8A65-AF5F53AD69AD
APPROVAL RECOMMENDED: ATTEST: oaq
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Roger Venables Jannette Goodall
Aviation Director City Secretary
Contract Compliance Manager: Approved as to Form and Legality
By signing, I acknowledge that I am the person
responsible for the monitoring and administration CC�ndgGe P3:01 l) grcl
andace Pagllaa (Aug 1&20251033.ODCb
of this contract, including ensuring all performance Candace Pagliara
and reporting requirements. Assistant City Attorney
F;�
Sasha Kane
Aviation Grants Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Docusign Envelope ID: 286C6653-E5F3-423E-8A65-AF5F53AD69AD
FORTWORTH
Routing and Transmittal Slip
Aviation
Department
DOCUMENT TITLE: FWS IIJA Grant Amendment 1 — Vehicle Service Road Design
M&C
DATE: 8/15/2025
TO:
1. Sasha Kane
2. Joe Hammond
3. Roger Venables
4. Candace Pagliara
CPN
5. Valerie Washington
6. Jannette Goodall
CSO # DOC#
INITIALS
DATE OUT
08/18/2025
JH
H
08/18/2025
T Sol
R
08/18/2025
CP
CP
08/18/2025
C)
08/18/2025
W
08/18/2025
JaMnette Goodall
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes ❑X No
RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: ❑ Yes ❑x No
Action Required:
❑ As Requested
❑ For Your Information
Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.
Docusign Envelope ID: 286C6653-E5F3-423E-8A65-AF5F53AD69AD
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0284
LOG NAME: 55FWS INFRASTRUCTURE INVESTMENT & JOBS ACT OF 2021 GRANT
SUBJECT
(CD 6) Authorize Application for and Acceptance of the Infrastructure Investment and Jobs Act of 2021 Grant, if Awarded, from the Federal
Aviation Administration Passed Through the Texas Department of Transportation in an Amount Up to $295,000.00 at City of Fort Worth
Spinks Airport for an Eligible Project, Authorize a Transfer of Up to $29,500.00 for the City's Match Requirement, for a Total Amount Up to
$324,500.00 and Adopt Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and acceptance of the Infrastructure Investment and Jobs Act of 2021 Grant, if awarded, from the Federal
Aviation Administration passed through the Texas Department of Transportation in an amount up to $295,000.00 at City of Fort Worth
Spinks Airport for an eligible project;
2. Authorize a transfer from the Municipal Airport Capital Proj Fund into the Muni Airport Grants Federal Fund in an amount up to $29,500.00
for the City's 10 percent match; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Muni Airport Grants Federal Fund in an
amount up to $324,500.00, subject to the receipt of the grant, for the purpose of funding improvements at City of Fort Worth Spinks Airport.
DISCUSSION:
On November 15, 2021, the Infrastructure Investment and Jobs Act of 2021 (IIJA) was signed into law, allocating $1.2 trillion in new spending of
which $550 billion will go towards investment in our nation's core infrastructure priorities including roads and bridges, rail, transit, ports, airports,
the electric grid, water systems and broadband. The infrastructure bill includes $15 billion for airport infrastructure grants over five years with $3
billion to be distributed annually. Of this amount, $12.4 billion would go to commercial service airports and $2.5 billion for nonprimary commercial
service and general aviation airports.
These funds will be available for
1. Airport Improvement Grant program for runways, gates and taxiways that increase safety and expand capacity;
2. Airport Terminal Improvement program for terminals, concessions and multimodal connections for increased terminal energy efficiency and
accessibility; and
3. Air Traffic Control infrastructure to replace facilities and equipment and improve safety, security and environmental standards.
Based on the classification provided by the Federal Aviation Administration (FAA), City of Fort Worth Spinks Airport (Airport) is eligible to receive
up to $295,000.00 under the program. Per the FAA, the IIJA will provide "funding to modernize infrastructure, increase equity in transportation, help
fight climate change, strengthen the supply chain and create jobs." The Airport is expected to receive this amount of funding every year for the next
five years, pending appropriation from Congress. Additionally, these grants will operate under the same guidelines as the FAA's Airport
Improvement Program (AIP) which requires specific projects to be identified on the sponsor's application.
Tentative eligible projects for funding by the Airport include safety area improvements, access road improvements, airfield lighting, signage and
drainage, as well as subsidizing funding for construction of a terminal building to replace the current administration building.
In the event that the City does apply this year for the grant funds under IIJA, the City will determine which specific project will be selected as part of
the City's application and will provide counsel an update at the time of application, indicating the specific project that was selected.
If the City does not apply this year for funding under the IIJA, the grant allocations from 2021 for the Airport will remain available to the City until
September 30, 2025 at which time any allocations that have not been applied for will become "competitive" grants where other airports could have
access to those grant funds.
If Congress continues to appropriate money under the IIJA in the coming years, the City would be able to apply in future years for prior year
allocations in addition to the then current years allocated funds under the IIJA to carry out larger projects.
Funding for the IIJA will be a 90/10 cost -split between the Texas Department of Transportation (TxDOT) and the City of Fort Worth (City), and will be
administered through TxDOT from the FAA. This grant will incur no reimbursable indirect costs.
Upon award, the grant will increase funding to the Muni Airport Grants Federal Fund as shown below:
i Fund Appropriation Amount Original Budget
IIMuni Airport Grants Federal Fund $295,000.00 $295,000.001
Docusign Envelope ID: 286C6653-E5F3-423E-8A65-AF5F53AD69AD $29,500.00 $29,500.001
Project Total $324,500.00 $324,500.00�
Funding is budgeted in the Capital Intrafund Transfer Out account of the Aviation Department's Municipal Airport Capital Proj Fund.
ADVISORY BOARD APPROVAL - On January 27, 2022, the Aviation Advisory Board voted to recommend that the City Council approve the
application for and acceptance of this grant.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 6.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas
Department of Transportation
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Muni Airport Grants Federal Fund. The Aviation Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the
Aviation Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for Citv Manaaer's Office by
Oriainatina Business Unit Head:
Additional Information Contact:
Dana Burghdoff 8018
Roger Venables 6334
Tyler Dale 5416
Docusign Envelope ID: 286C6653-E5F3-423E-8A65-AF5F53AD69AD
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/31/23 M&C FILE NUMBER: M&C 23-0921
LOG NAME: 55FWS INFRASTRUCTURE INVESTMENT & JOBS ACT APPROPRIATION
SUBJECT
(CD 8) Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Muni Airport Grants Federal Fund Transferred
from the Municipal Airport Capital Project Fund in an Amount of $3,278.00 as an Additional Amount Needed for the City's Match Requirement for
the Infrastructure Investment and Jobs Act of 2021 Grant at Fort Worth Spinks Airport
RECOMMENDATION:
It is recommended the City Council adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Muni
Airport Grants Federal Fund transferred from the Municipal Airport Capital Project Fund in an amount of $3,278.00 as an additional amount
needed for the City's match requirement for the Infrastructure Investment and Jobs Act of 2021 Grant, for the purpose of funding improvements at
Fort Worth Spinks Airport.
DISCUSSION:
On April 12, 2022, Mayor and Council Communication (M&C) 22-0284 authorized the application and acceptance of the Infrastructure Investment
and Jobs Act of 2021 (IIJA) grant and a transfer of $29,500.00 for the City's 10 percent match requirement, for a total amount of $324,500.00 for
an eligible project at Fort Worth Spinks Airport (Airport).
The Aviation Department is seeking City Council approval to add $3,278.00 into the Muni Airport Grants Federal Fund transferred from the
Municipal Airport Capital Project Fund for the City's match requirement for the IIJA grant. If approved, this M&C will increase the total amount under
the grant to $327,778.00.
Appropriations to the Muni Airport Grants Federal Fund will be as shown below:
Fund I Original Budget I Appropriation Amount Total
IImuni Airport Grants Federal Fund I $295,000.00 $0.00I $295,000.00
IMunicipal Airport Capital Proj Fund (City Match) I $29,500.00 $3,278.00I $32,778.00
IProject Total I $324,500.00 $3,278.00I $327,778.00
Funding is budgeted in the Capital Intrafund Transfer Out account of the Aviation Department's Municipal Airport Capital Proj Fund. This grant will
incur no reimbursable indirect costs.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will
be available in the current operating budget, as appropriated, in the Muni Airport Grants Federal Fund. The Aviation Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the
Aviation Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: Roger Venables 6334
Additional Information Contact: Tyler Dale 5416