HomeMy WebLinkAboutContract 64039Docusign Envelope ID: C1 0FE8D0-21 C5-4571-B2D8-1AEBA4586878 CSC No. 64039
TO:
FROM:
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
{Federally Assisted Airport Development Grant)
TxDOT Project No.:2502SPNKS
IIJA Funds Applied: FY 22 and 23
Commission Approval: March 27,2025
UEl:ENS6MKS1ZL18
ALN: 20.106
Part I -Identification of the Project
City of Fort Worth, Texas
The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of Transportation
for and on behalf of the State of Texas (the "State") and City of Fort Worth, Texas (the "Sponsor").
The Sponsor desires to sponsor a project for the development of a public aviation facility, known or
to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and
recodified in 49 U.S.C. § 47101 et seq., ("Title 49 U.S.C."), and the State's rules, regulations, and procedures
promulgated pursuant to Title 3 of the Texas Transportation Code.
The project is described as follows: construct a new service road to provide designated personnel
and vehicles accessing airport operations areas with an alternate path to bring the airport into conformity
with current standards. at Fort Worth Spinks Airport.
The Sponsor applies for a grant for financial assistance for the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to each other,
with reference to the accomplishment of the project, and with reference to the United States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as provided, and
(b)the benefits to accrue to the United States and the public from the accomplishment of the project and
compliance with the assurances and conditions provided, THE TEXAS DEPARTMENT OF TRANSPORTATION,
FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION {"FAA"), OFFERS
AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
project, ninety-five per centum of all allowable project costs. This grant is made on and subject to the
following terms and conditions:
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Part II - Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to be
ineligible under Title 49 U.S.C., Title 3 of the Texas Transportation Code, or the Airport Zoning Act,
Texas Local Government Code §§ 241.001 etseq.
It is estimated that total project costs will be approximately $264,485 (Amount A). It is further
estimated that approximately $264,485 (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.
In the event that federal funds are unavailable, this Agreement shall automatically be voided and
become of no force and effect, except that unexpended or unencumbered moneys actually
deposited by the Sponsor and held with the State for project purposes shall be returned to the
Sponsor.
The maximum obligation of the United States payable under this offer shall be $251,260 (Amount
C).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding
of the scope items as listed on page one of this agreement. The State will provide federal funding to
complete the approved work items of this grant and will not amend the scope of work to include
items outside of the current determined needs of this project. Scope of work may be amended if
necessary to fulfill the unforeseen needs of this specific development project within the spirit of
the approved scope, subject to the availability of state, federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $13,225 (Amount D). The
Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal
share (Amount C).
It is further agreed that the Sponsor will reimburse the State for any payment or payments made by
the State on behalf of the Sponsor which are more than the federal percentage of financial
participation as stated in Paragraph II-2. Upon completion of the Project, the State will perform an
audit of the Project costs. Any funds due to the Sponsor, the State, or the Federal Government will
be promptly paid by the owing party. The State shall refund to the Sponsor, at the financial closure
of the project, any excess funds provided by the Sponsor. The State will not pay interest on any
funds provided by the Sponsor.
5. The Sponsor is responsible for 100% of all costs above the federal share of $251,260.
Payment of the United States share of the allowable project costs will be made pursuant to and in
accordance with the provisions of such regulations and procedures as the State and FAA, shall
prescribe. Final determination of the United States share will be based upon the final audit of the
total amount of allowable project costs and settlement will be made for any upward or downward
adjustments to the Federal share of costs.
6. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State
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that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to the State
and federal government the right, upon advance written request during reasonable and regular
business hours, to audit any books and records of the Sponsor to verify said funds. In addition, the
Sponsor shall disclose the source of all funds for the project and its ability to finance and operate
the project.
Expenditures for eligible project costs for the above project made by the State or the Sponsor prior
to the award of a federal grant for said project, and prior to actual receipt of the authority to
expend federal grant funds, shall be made from Sponsor funds.
Monthly grant payments to the Sponsor will be made upon request to the State. Reimbursement
payments of the State's share of the allowable project costs will be made in proportion to the
amount expended by the Sponsor for the eligible project costs. No more than ninety (90) percent of
the total grant will be paid prior to the completion of the project. TxDOT must receive advance
notification of the final inspection date; copy of final punch list and photo documentation of
completed items; and acceptance from the sponsor that the project is complete. The last ten (10)
percent of the grant will be paid, once submitted. Reimbursements must include the
reimbursement request form and the paid invoices before the State will approve and reimburse the
sponsor. All final documents must be submitted to the State before final pavment will be
approved.
7. The State shall make all reasonable attempts to acquire federal funding for the completion and
construction of this project within two years of completion of design services. The Sponsor agrees
to complete and construct this project within two years of completion of design services, subject to
the availability of federal funds. If the sponsor does not move forward with design or construction,
they shall reimburse the state 100% of all costs under contract and/or expended at the point of
notification that the project will not be completed. The Sponsor also understand that if the FAA has
provided Federal fundin� to complete the desi�n for the proiect, and the Sponsor has not
completed the desi�n within four (4) vears from the execution of this Grant A�reement, the State
mav suspend or terminate �rants related to the design.
8. The period of performance shall commence on the date (September 17, 2029). The end date of the
period of performance is four years from the date the state executed the agreement with FAA. If the
FAA �rant closes before all expenses are requested, the Sponsor is responsible for all costs.
9. Completin� the Proiect without Delay and in Conformance with Requirements. The State must
assure, and must require the Sponsor to assure, that projects are carried out and completed
without undue delays and in accordance with this Grant Agreement, 49 U.S.C. Chapters 471 and
475, the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the State
agrees, and will require Sponsors agree, to report and request prior approval from the State or FAA
for any disengagement from funding eligible expenses under the Grant and subgrants that exceed
three months or a 25 percent reduction in time devoted to the project. The report must include a
reason for the stoppage. The State agrees, and will require Sponsors agree, to comply with the
attached grant assurances, which are part of this Agreement. These assurances, conditions, and any
addendums apply to subgrants issued under this Grant as provided for in paragraph 3(b).
10. Improper Use of Federal Funds and Mandatory Disclosure.
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a. The State and Sponsor must take all steps, including litigation if necessary, to recover
Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused
in any other manner for any project upon which Federal funds have been expended. For the
purposes of this Grant Agreement, the term "Federal funds" means funds however used or
dispersed by the State or Sponsor, that were originally paid pursuant to this or any other Federal
grant agreement. The State must obtain the approval of the Secretary as to any determination of
the amount of the Federal share of such funds. The State and Sponsor, as applicable, must return
the recovered Federal share, including funds recovered by settlement, order, or judgment, to the
Secretary. The State and Sponsor, as applicable, must furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to
any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements
or other final positions of the State and Sponsor, in court or otherwise, involving the recovery of
such Federal share require advance approval by the Secretary.
b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply
with the mandatory disclosure requirements as established under 2 CFR § 200.113, including
reporting requirements related to recipient integrity and performance in accordance with Appendix
XII to 2 CFR Part 200.
11. United States Not Liable for Dama�e or Iniurv. The United States is not responsible or liable for
damage to property or injury to persons that may arise from, or be incident to, compliance with
this Grant Agreement or subgrants, including, but not limited to, any action taken by a State and
Sponsor related to or arising from, directly or indirectly, this Grant Agreement.
12. Svstem for Award Mana�ement (SAM) Re�istration and Unique Entitv Identifier (UEI).
Requirement for System for Award Management (SAM): Unless the State or Sponsor is exempted
from this requirement under 2 CFR § 25.110, the State and Sponsor must maintain the currency of
its information in SAM until the State submits the final financial report required under this Grant or
receives the final payment, whichever is later. This requires that the State review and update, and
will require the Sponsor review and update, the information at least annually after the initial
registration and more frequently if required by changes in information or another award term.
Additional information about registration procedures may be found at the SAM website (currently
at http://www.sam.gov).
Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific
commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at
https://sam.gov/content/entitv-registration.
13. Environmental Standards. The State and Sponsor are required to comply with all applicable
environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If
the State or Sponsor fails to comply with this requirement, the FAA or State, as applicable, may
suspend, cancel, or terminate this Grant Agreement.
14. Financial Reportin� and Pavment Requirements. The State and Sponsor will comply with all
Federal financial reporting requirements and payment requirements, including submittal of timely
and accurate reports.
15. Buv American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C.
§ 50101, the State and Sponsor will not acquire or permit any contractor or subcontractor to
acquire any steel or manufactured goods produced outside the United States to be used for any
project for which funds are provided under this Grant. The State and Sponsor will include a
provision implementing Buy American in every contract and subcontract awarded under this Grant.
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16. Build America. Buv America. The State and Sponsor, as applicable, must comply with the
requirements under the Build America, Buy America Act (P.L. 117-58).
17. Audits for Sponsors.
PRIVATE SPONSORS. When the Period of Performance has ended, the Sponsor must provide a copy
of an audit of this subaward prepared in accordance with Federal audit requirements to the State.
A Sponsor expending less than $1,000,000 in Federal awards and exempt from Federal audit
requirements must make records available for review or audit by the appropriate Federal agency
officials, State, and Government Accountability Office. The FAA and other appropriate Federal
agencies may request additional information to meet all Federal audit requirements.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.�ov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy
of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards
and are exempt from Federal audit requirements must make records available for review or audit
by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA
and other appropriate Federal agencies may request additional information to meet all Federal
audit requirements.
18. Suspension or Debarment. The State must:
Immediately disclose to the FAA whenever the State:
Learns a Sponsor has entered into a covered transaction with an ineligible entity; or
Suspends or debars a contractor, person, or entity.
Include a provision in all subgrants that requires Sponsors entering into "covered transactions," as
defined by 2 CFR § 180.200, to:
Verify the non-Federal entity is eligible to participate in this Federal program by:
Checking the System for Award Management (SAM.gov) exclusions to determine if the non-
Federal entity is excluded or disqualified; or
Collecting a certification statement from the non-Federal entity attesting they are not
excluded or disqualified from participating; or
Adding a clause or condition to covered transactions attesting the individual or firm are not
excluded or disqualified from participating.
Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier
transactions (e.g., subcontracts).
The State must also insert this clause on suspension or debarment in all subgrants, contracts, and
subcontracts that result from this Grant.
19. Ban on Textin� While Drivin�.
In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30,
2009, the State and Sponsors are encouraged to:
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Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on behalf
of, the Federal government, including work relating to a grant or subgrant.
Conduct workplace safety initiatives in a manner commensurate with the size of the business,
such as:
Establishment of new rules and programs or re-evaluation of existing programs to prohibit
text messaging while driving; and
Education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
The State must insert this clause on banning texting while driving in all subgrants, contracts, and
subcontracts that result from this Grant.
20. Trafficking in Persons.
1. Posting of contact information.
a. The Sponsor must post the contact information of the national human trafficking hotline
(including options to reach out to the hotline such as through phone, text, or TTY) in all public
airport restrooms.
2. Provisions applicable to a recipient that is a private entity.
a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and
subrecipient's employees must not engage in:
Severe forms of trafficking in persons;
The procurement of a commercial sex act during the period of time that the grant or
cooperative agreement is in effect;
The use of forced labor in the performance of this grant; or any subaward; or
Acts that directly support or advance trafficking in persons, including the following acts:
Destroying, concealing, removing, confiscating, or otherwise denying an employee
access to that employee's identity or immigration documents;
Failing to provide return transportation of pay for return transportation costs to an
employee from a country outside the United States to the country from which the
employee was recruited upon the end of employment if requested by the employee,
unless:
1. Exempted from the requirement to provide or pay for such return
transportation by the federal department or agency providing or entering into
the grant; or
2. The employee is a victim of human trafficking seeking victim services or
legal redress in the country of employment or witness in a human trafficking
enforcement action;
Soliciting a person for the purpose of employment, or offering employment, by means
of materially false or fraudulent pretenses, representations, or promises regarding that
employment;
Charging recruited employees a placement or recruitment fee; or
Providing or arranging housing that fails to meet the host country's housing and safety
standards.
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b. The FAA may unilaterally terminate this Grant or take any remedial actions authorized by
22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant:
Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or
Has an employee that is determined to have violated a prohibition in paragraph(2)(a) of
this Grant through conduct that is either:
a) Associated with the performance under this Grant; or
b) Imputed to the recipient or the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that are provided in 2 CFR
Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.
3. Provisions applicable to a recipient other than a private entity.
a. The FAA may unilaterally terminate this award or take any remedial actions authorized by
22 U.S.C. § 7104b(c), without penalty, if subrecipient is a private entity under this Grant:
Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or
Has an employee that is determined to have violated a prohibition in paragraph (2)(a)
of this Grant through conduct that is either:
Associated with the performance under this Grant; or
Imputed to the recipient or the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that are provided in 2
CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.
4. Provisions applicable to any recipient.
a. The recipient must inform the FAA and the DOT Inspector General immediately of any
information you receive from any source alleging a violation of a prohibition in paragraph (2)(a)
of this Grant.
b. The FAA's right to unilaterally terminate this Grant as described in paragraphs (2)(b) or
(3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to
all other remedies for noncompliance that are available to the FAA under this Grant.
c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term
in any subaward it makes to a private entity.
d. If applicable, the recipient must also comply with the compliance plan and certification
requirements in 2 CFR 175.105(b).
5. Definitions. For purposes of this Grant award, term:
a. "Employee" means either:
An individual employed by the recipient or a subrecipient who is engaged in the
performance of the project or program under this Grant; or
Another person engaged in the performance of the project or program under this Grant
and not compensated by the recipient including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind contribution toward
cost sharing requirements.
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b. "Private Entity" means:
Any entity, including for-profit organizations, nonprofit organizations, institutions of
higher education, and hospitals. The term does not include foreign public entities, Indian
Tribes, local governments, or states as defined in 2 CFR 200.1.
The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking,"
"Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and
"involuntary servitude" have the meanings given at section 103 of the TVPA, as amended
(22 U.S.C. § 7102).
21. Exhibit "A" Propertv Map. The State and Sponsor will ensure that any airport receiving funding
under this Block Grant has a current Exhibit "A" Property Map incorporated by reference or has
submitted a current Exhibit "A" Property Map with their request for funding to the State.
22. Emplovee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4712, an
employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body
described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes
is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds,
an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a Federal contract
(including the competition for or negotiation of a contract) or grant. The grantee, subgrantee,
contractor, recipient, or subrecipient must inform their employees in writing of employee
whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for
whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. §
4310.
23. Prohibited Telecommunications and Video Surveillance Services and Equipment. The State or
Sponsor, as applicable, agrees to comply with mandatory standards and policies relating to use and
procurement of certain telecommunications and video surveillance services or equipment in
compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f)] and 2 CFR §
200.216.
24. Critical Infrastructure Securitv and Resilience. The State or Sponsor, as applicable, acknowledges
that it has considered and addressed physical and cybersecurity and resilience in its project
planning, design, and oversight, as determined by the DOT and the Department of Homeland
Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the
FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation
Security Administration and Federal Security Director identified for security risk Category X airports.
25. Title VI of the Civil Rights Act. As a condition of a grant award, the State and Sponsor shall
demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway
Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department ofTransportation and Federal
Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or
authorities, including any amendments or updates thereto. This may include, as applicable,
providing a current Title VI Program Plan to the FAA for approval, in the format and according to
the timeline required by the FAA, and other information about the communities that will be
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benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is
required for every grant application, unless excused by the FAA. The State and Sponsor shall
affirmatively ensure that when carrying out any project supported by this grant that it complies
with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex,
creed, age, disability, genetic information, in consideration for federal financial assistance. The
Department's and FAA's Office of Civil Rights may provide resources and technical assistance to
recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure
to comply with civil rights requirements will be considered a violation of the agreement or contract
and be subject to any enforcement action as authorized by law.
26. 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 https://www.con�ress.�ov/bill/118th-congress/house-bill/3935/text.
27. 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.
28. Federal Law and Public Policv 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, 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.
29. 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.
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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).
30. Si�na�e 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.
31. Title 8- U.S.C., Chapter 12. Subchapter II — Immi�ration. The State and Sponsor will follow
applicable federal laws pertaining to Subchapter 12, and be 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.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Airport Fund, attached and made a part of this
Agreement; and
b. it will comply with the Attachment B, Certification of Single Audit Requirements, attached and
made a part of this Agreement; and
c. it will comply with the Attachment E, Certification and Disclosure Regarding Potential Conflicts of
Interests attached and made a part of this Agreement; and
d. it will comply with the Attachment F, Airport Assurances (4/2025), and Attachment G, Special
Conditions, attached and made a part of this Agreement; and
e. it will, in the operation of the facility, comply with all applicable state and federal laws, rules,
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regulations, procedures, covenants and assurances required by the State of Texas or the FAA in
connection with the federal grant; and
f. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a
period of at least 20 years, and improvements made or acquired under this project shall be
operated, repaired, and maintained in a safe and serviceable manner for the useful life of the
improvements, not to exceed 20 years; and
g. consistent with safety and security requirements, it shall make the airport or air navigational facility
available to all types, kinds, and classes of aeronautical use without unjust discrimination between
such types, kinds and classes and shall provide adequate public access during the term of this
Agreement; and
h. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical
activity on or about an airport landing area. Aeronautical activities include, but are not limited to
scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of
aviation petroleum products and aerial applications. The landing area consists of runways or
landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and
i. it shall not permit non-aeronautical use of airport facilities, without prior approval of the State/FAA,
and must be identified on an approved Airport Layout Plan. This includes but is not limited to: the
process of land disposal, any changes to the aeronautical or non-aeronautical land uses ofthe airport,
land's deeded use from -aeronautical to nonaeronautical and/or nonaeronautical to aeronautical,
requests of concurrent use of land, interim use of land, approval of a release from obligations from
the FAA, any of which will require 18 months, or longer; and
it will not permit or enter 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; and
k. it will acquire all property interests identified as needed for the purposes of this project and comply
with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances
required by the State of Texas or the FAA in connection with the federal grant in the acquisition of
such property interests; and that airport property identified within the scope ofthis project and
Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be
removed from such use without prior written approval of the State; and
the Sponsor shall submit to the State annual statements of airport revenues and expenses as
requested; and
m. all fees collected for the use of an airport or navigational facility constructed with funds provided
under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be
used solely for the development, operation, and maintenance of the Sponsor's system of airport(s)
or navigational facility(ites).
n. an Airport Fund shall be established by resolution, order, or ordinance in the treasury of the
Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of
the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund
may be an account within another fund but must be accounted for in such a manner that all
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revenues, expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any
source derived from airport operations must be deposited in said Airport Fund and shall not be
diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures
from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a
grant or loan, Sponsor has complied with the requirements of this subparagraph; and
o. for federally funded projects any revenue from airport property mineral rights be identified as
airport revenue; deposited to the airport fund and used for airport operations; and
p. the Sponsor must operate and maintain the lighting system during the useful life of the system in
accordance with applicable FAA standards; and
insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations
to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the
airport to heights and activities compatible with normal airport operations as provided in Texas
Local Government. Code §§ 241.001 etseq. Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace unless Sponsor can
show that acquisition and retention of such interests will be impractical or will result in undue
hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless
Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport
hazard zoning ordinance or order approved by the State; and
r. it will provide upon request of the State, the engineering or planning consultant, and the FAA
copies of any maps, plans, or reports of the project site, applicable to or affecting the above
project; and
s. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors
associated with this project, access to the project site, and will obtain permission for the State, the
FAA, and consultants and contractors associated with this project, to enter private property for
purposes necessary to this project; and
t. all development of an airport constructed with program funds shall be consistent with the Airport
Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such
plan, and all subsequent modifications, shall be filed with the State for approval; and
u. it shall take all steps, including litigation, if necessary, to recover funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any
project upon which Federal and State funds have been expended. For the purposes of this grant
agreement, the term "funds" means funds, however used, or disbursed by the Sponsor or Agent
that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval
of the State as to any determination of the amount of such funds. It shall return the recovered
share, including funds recovered by settlement, order, orjudgment, to the State. It shall furnish to
the State, upon request, all documents and records pertaining to the determination of the amount
of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such
funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the
recovery of such funds shall be approved in advance by the State.
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The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property
upon which construction work is to be performed, or have acquired a leasehold on such property
for a term of not less than 20 years, prior to the advertisement for bids for such construction or
procurement of facilities that are part of the above project, and within the time frame of the
project, a sufficient interest (easement or otherwise) in any other property which may be affected
by the project.
The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's
agents, employees or contractors from all claims and liability due to activities of the Sponsor, the
Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its
legal authority to do so, shall also save harmless the State, the State's agents, employees, or
contractors from any and all expenses, including attorney fees which might be incurred by the State
in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as
the result of such activities by the Sponsor, the Sponsor's agents, or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and
said Agreement shall comprise a contract, constituting the obligations and rights of the State of
Texas and the Sponsor with respect to the accomplishment of the project and the operation and
maintenance of the airport. Such Agreement shall become effective upon execution of this
instrument and shall remain in full force and effect for a period of at least 20 years.
5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified
above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the
facility in compliance with all applicable state and federal requirements including any statutes,
rules, regulations, assurances, procedures, or any other directives before, during and after the
completion of this project.
6. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an
effective airport pavement maintenance management program as is required by Airport Sponsor
Assurance Number 11. The sponsor shall use such program for the useful life of any pavement
constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a
minimum, the program must conform to the provisions in Attachment E"Pavement Maintenance
Management Program," attached and made a part of this agreement.
7. The Sponsor agrees to assume the responsibility to assure that all aspects of the grant and project
are done in compliance with all applicable state and federal requirements including any statutes,
rules, regulations, assurances, procedures, or any other directives, except as otherwise specifically
provided herein.
8. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States
to be used for any project for airport development or noise compatibility for which funds are
provided under this grant. The sponsor will include in every contract a provision implementing this
special condition. The Sponsor agree to abide by applicable Executive Orders in effect at the time
this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in
All of America by All of America's Workers.
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9. SPECIAL CONDITION: Except for instrument landing systems acquired with AIP funds and later
donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid funded under the AIP during the useful life of the equipment.
The sponsor must check the facility, including instrument landing systems, prior to commissioning
to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower
each obstruction on the approach or provide for the adequate lighting or marking of the
obstruction if any aeronautical study conducted under FAR Part 77 determines that to be
acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will
not take over the ownership, operation, or maintenance of any sponsor-acquired equipment,
except for instrument landing systems.
10. The Sponsor shall have on file with the State:
A current and approved Attorney's Certificate of Airport Property Interests and Exhibit A
property map; and
Attachment C, Certification Regarding Drug-Free Workplace Requirements, attached and
made a part of this agreement.
11. The Sponsor shall submit the following certifications, as appropriate, for compliance with statutory
and administrative requirements of the federal grant:
a. Sponsor Certification for Selection of Consultants;
b. Sponsor Certification for Project Plans and Specifications;
c. Sponsor Certification for Equipment/Construction Contracts;
d. Sponsor Certification for Construction Project Final Acceptance;
e. Sponsor Certification for Real Property Acquisition;
f. Sponsor Certification and Disclosure Regarding Potential Conflicts of Interest.
12. The Sponsor shall administer Disadvantage Business Enterprises (DBE) Program in accordance with
federal regulations. They shall report the amount of participation to the State for the period ending
September 30 of each year the grant is open no later than October 15 of each year the grant is
open. In addition, semi-annual reports must be submitted for the period October 1— March 31 and
April 1—September30. Submission shall be made using Department ofTransportation (DOT) Form
4630 "Report of DBE Goal Accomplishments" and a Report of Certified DBE Contractors Used on
FAA Assisted Contracts."
Additionally, the Sponsor shall submit with each reimbursement or payment request form, the
amount of DBE participation during the period of that request on TxDOT form "Subcontractor
Monitoring System" and when appropriate "DBE Prime Contractor Payments to Non-DBE
Subcontractors."
13. The Sponsor shall retain in their files until the project is closed plus four years the following and
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submit to the state if requested:
documentation of official designation of the consultant selection committee, evaluation criteria,
scoring matrix and consultant ranking; and
b. if property acquisition is funded under this grant, documentation of the professional
service contracts (e.g., surveyor and appraisal), and negotiation and settlement agreements;
and
c. if reimbursement is sought for professional services contract: copies of the independent
engineering fee analysis and negotiation summary, consultant contract; and
d. preliminary design plans; and
e. prior to advertising for construction: contract documents including drawings, specifications, bid
documents. One hard copy of drawing, specification for review; and
f. construction contract award: bid tabulation and recommendation of award; construction
change orders and supplemental agreements; and
g. record drawings; and
14. State Hi�hwav Specifications. The Sponsor agree that because State highway specifications will be
used for airfield pavement construction instead of FAA standard specifications, it will not seek AIP
grant funds or supplemental appropriation funds for the rehabilitation or reconstruction of airfield
pavement included in this Grant Agreement for a period of 10 years after construction is completed
unless the FAA determines that the rehabilitation or reconstruction is required for safety reasons,
per 49 U.S.0 § 47015(c) or 47114(d)(S). For airfield pavements subject to aircraft loading greater
than 30,000 pounds, Federal specifications are to be followed.
15. The Sponsor confirms it is in compliance with the requirements of Transportation Code §22.019
and verifies it has not entered into a contract to procure an airport passenger boarding bridge from
any entity prohibited by that section.
Part IV- Responsibilities of the State
1. The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or
to be used, in payment of the costs of said project, or in reimbursement to either of the parties for
costs incurred.
Responsibility of the State shall include, if appropriate, but not be limited to:
review project scope; and
review of request for qualifications; and
review and concurrence with property acquisition procedures; and
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review selected design option; and
review environmental
review of engineering plans, specifications, bid documents; and
g. review of the contract award based on bid tabulations; and
review contractor construction contract; and
occasional visits to the project site during construction; and
review with construction change orders and supplemental agreements.
PART V — Recitals
1. The State and the Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and professional
service contracts entered into for the accomplishment of this project. The power of attorney, as
granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited power to perform
acts in connection with airport improvements as specified in or necessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or
state regulations, laws, and orders to insure satisfactory performance of contract vendors. Such
items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit
and enforcement of contract items may require litigation and other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to property
or injury to persons which may arise from, or be incidental to, compliance with this grant
agreement.
S. This Agreement is executed for the sole benefit of the contracting parties and is not intended or
executed for the direct or incidental benefit of any third party. Furthermore, the State shall not be
a party to any other contract or commitment, which the Sponsor may enter into or assume, or have
entered into or have assumed, in regard to the above project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to
the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the
following:
The reasons for the suspension and the corrective action necessary to lift the suspension;
A date by which the corrective action must be taken;
Notification that consideration will be given to terminating the grant after the corrective
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action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider the
suspension or termination. Such request for reconsideration shall be made within 45 days after
receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., Title 3 of the Texas
Transportation Code, and the Airport Zoning Act, Texas Local Government Code §§ 241.001 et seq.
Failure to comply with the terms of this Agreement or with the rules and statutes shall be
considered a breach of this contract and will allow the State to pursue the remedies for breach as
stated below.
Of primary importance to the State is compliance with the terms and conditions of this
Agreement. If, however, after all reasonable attempts to require compliance have failed,
the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and
conditions of this Agreement, the State may pursue any of the following remedies: (1)
require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's
future requests for aid, (3) request the Attorney General to bring suit seeking
reimbursement of any money expended on the project pursuant to the Agreement,
provided however, these remedies shall not limit the State's authority to enforce its rules,
regulations or orders as otherwise provided by law, (4) declare this Agreement null and
void, or (5) any other remedy available at law or in equity.
Venue for resolution by a court of competent jurisdiction of any dispute arising under the
terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is
specifically set by Agreement of the parties in Travis County, Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance
by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless
extended by the State, which extension shall not unreasonably be denied or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their rights
and responsibilities regarding this project and shall not be modified, amended, rescinded, or
revoked unless such modification, amendment, rescission, or revocation is agreed to by both
parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§ 5 and 7 of Article
11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be
applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project
Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C.,
constituting the contractual obligations and rights of the United States, the State of Texas, and the
Sponsor with respect to the accomplishment of the Project and compliance with the assurances
and conditions as provided.
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12. The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds. An entity that is
the subject of an audit or investigation must provide the state auditor with access to any
information the state auditor considers relevant to the investigation or audit.
13. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties.
♦ by either party upon the failure of the other party to fulfill the obligations set forth herein.
♦ by the State if it determines that the performance of the Project is not in the best interest
of the State.
If the contract is terminated in accordance with the above provisions, the Sponsor will be
responsible for the payment of Project costs incurred by the State on behalf of the Sponsor up to
the time of termination. The Sponsor will remit the required funds to the State within sixty (60)
days from receipt of the State's notification.
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Part VI -Acceptance of the Sponsor
City of Fort Worth, Texas, does ratify and adopt all statements, representations, warranties, covenants, and
agreements constituting the described project and incorporated materials referred to in the Agreement, and
does accept the Offer, and agrees to all the terms and conditions of the Agreement.
City of Fort Worth, Texas
(Sponsor)
v'a4w..+rl: V\lerie Washington (Sep 25, 2025 11:03:34 CDT)
(Sponsor Signature)
Assistant City Manager
(Title)
09/25/2025
(Date)
Certificate of Sponsor's Attorney
I, Candace Pagliara , acting as attorney for City of Fort Worth . Texas, do certify that I have
fully examined the Agreement and the proceedings taken by the Sponsor relating, and find that the manner
of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State
of Texas.
(Attorney Signature)
09/25/2025
(Date)
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Part VII - Acceptance of 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:
�n ,I
l �.1JI�,�------
FAOAdFF�1FA5�
(SignatureJ
Dan Harmon
(Typed Name)
Director, Aviation Division
(TitleJ
9/25/2025
(Date)
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ATTACHMENT A
Certification of Airport Fund
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges,
rents, and money from any source derived from airport operations will be deposited for the benefit of the
Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund
of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be
an account as part of another fund but must be accounted for in such a manner that all revenues, expenses,
retained earnings, and balances in the account are discernible from other types of moneys identified in the
fund as a whole.
City of Fort Worth, Texas
(Sponsor)
Valerie Washington (Sep 25, 2025 11:03:34 CDT)
(Sponsor Signature)
Assistant City Manager
(Title)
09/25/2025
(Date)
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ATTACHMENT B
Certification of Single Audit Requirements
As a condition of receiving Federal assistance under this award, you must comply with audit requirements
as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $1,000,000 or
more in Federal awards to conduct a single or program specific audit for that year. Note that this includes
Federal expenditures made under other Federal-assistance programs. Please take appropriate and
necessary action to ensure your organization will comply with applicable audit requirements and standards.
In following those requirements, the City of Fort Worth will submit the report to the audit division of the
Texas Department of Transportation. If your entity did not meet the threshold of $1,000,000 in
expenditures, please submit a letter indicating that your entity is not required to have an audit performed
for FY --
Valerie Washington (Sep 251 202511:03:34 COT)
{Signature of Designated Representative)
Assistant City Manager
(Title)
09/25/2025
(Date)
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ATTACHMENT C
Certification Regarding Drug-Free Workplace Requirements
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition:
b. Establishing an ongoing drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The grantee's policy of maintaining a drug-free workplace.
iii.Any available drug counseling, rehabilitation, and employee assistance programs; and
iv.The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will:
i. Abide by the terms of the statement; and
ii.Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction.
e. Notifying the agency in writing, within ten calendar days after receiving notice under
paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every
grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
notices. Notices shall include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted:
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f)
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ATTACHMENT D (continued)
B.The grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant:
Place of Performance (street address, city, county, state, zip code)
Fort Worth Spinks Airport
450 Alsbury Court, Fort Worth, TX 76028
Tarrant County
Check __ if there are workplaces on file that are not identified here.
V�lerie Washington {Sep 25, 202511:03:34 COT)
{Sponsor Signature)
Assistant City Manager
(Title)
09/25/2025
(Date)
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ATTACHMENT D
Pavement Maintenance Management Program
The Sponsor agrees to implement an effective airport pavement maintenance management
program as required by Airport Sponsor GrantAssurance 11, Pavement Preventive Management,
which iscodified at49U.S.C. §47105(e). The Sponsor agrees that it will use the program for the
useful life of any pavement constructed, reconstructed, rehabilitated, or repaired with Federal
financial assistance atthe airport.TheSponsor further agree that the program will:
A. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," for specific guidelines and procedures for maintaining airport pavements,
establishing an effective maintenance program, specific types of distress and its probable cause,
inspection guidelines, and recommended methods ofrepair;
B. Detail the procedures to be followed to assure that proper pavement maintenance, both
preventive and repair, isperformed;
C. Includea Pavement Inventory, InspectionSchedule, Record Keeping, Information Retrieval,
and Reference, meeting the following requirements:
a. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
i. Location of all runways, taxiways, and aprons;
ii. Dimensions;
iii. Type of pavement; and
iv. Year of construction or most recent major reconstruction, rehabilitation, or
repair.
b. Inspection Schedule.
i. Detailed Inspection. A detailed inspection must be performed at least once a
year. If a history of recorded pavement deterioration is available, i.e., Pavement
Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6,
the frequency of inspections may be extended to three years.
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ATTACHMENT D (continued)
ii. Drive-By Inspection. A drive-by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition. For
drive-by inspections, the date of inspection and any maintenance performed
must be recorded.
c. Record Keeping. Complete information on the findings of all detailed inspections and
on the maintenance performed must be recorded and kept on file for a minimum of
five years. The type ofdistress, location, and remedial action, scheduled or
performed, must be documented. The minimum informationis:
i. Inspection date;
ii. Location;
iii. Distress types; and
iv. Maintenance scheduled or performed.
d. Information Retrieval System. The Sponsor must be able to retrieve the information and
records produced by the pavement survey to provide a report to the State as may be
required.
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ATTACHMENT E
Certification and Disclosure Regarding Potential Conflicts of Interest Certification Form
A sponsor must disclose in writing any potential conflict of interest to the Texas Department of
Transportation. No employee, officer or agent of the sponsor shall participate in selection, or in the award
or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would
be involved. Such a conflict would arise when:
1. The employee, officer, or agent,
2. Any member of his immediate family,
3. His or her partner, or
4. An organization which employs, or is about to employ, any of the above, has a financial or other
interest in the firm selected for award. The sponsor's officers, employees or agents will neither
solicit nor accept gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties to sub agreements.
Sponsor may set minimum rules where the financial interest is not substantial, or the gift is an
unsolicited item of nominal intrinsic value. To the extent permitted by state or local law or
regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary
actions for violations of such standards by the grantee's and subgrant recipient's officers,
employees, or agents, or by contractors or their agents.
The sponsor must maintain a written code of standards of conduct governing the performance of their
employees engaged in the award and administration of contracts.
1. By checking "Yes," the sponsor certifies that it does not have any potential conflict of interest or
Significant Financial Interests. By checking "No," the sponsor discloses that it does have a potential
conflict of interest, which is further explained below.
X❑ Yes ❑ No
2. The sponsor maintains a written code of standards of conduct governing the performance of their
employees engaged in the award and administration of contracts. By checking "No," the sponsor
discloses that it does not have a written policy, which is further explained below.
� Yes ❑ No
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ATTACHMENT E (continued)
3.Explanation of items marked "no":
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
the explanation for any item marked "no" is correct and complete.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 {False
Statements) and could subject me to fines, imprisonment, or both.
Vc1lerie Washington (Sep 25, 2025 11:03:34 CDT)
(Sponsor's Designated Official Representative Signature)
Assistant City Manager
(Title)
09/25/2025
(Date)
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ATTACHMENT F
A. General.
ASSURANCES
AIRPORT SPONSORS
4/2025
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.
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 ofthe assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.
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C. 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.1, 2
f. National Historic Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.1
g. Archeological and Historic Preservation Act of 1974 — 54 U.S.C. § 312501, et seq.1
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.1
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. § 874.1
v. National Environmental Policy Act of 1969 — 42 U.S.C. § 4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq.
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x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.2
y. Drug-Free Workplace Act of 1988 —41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. 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
Construction1
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 ldeology Extremism and Restoring
Biological Truth to the Federal Government
j. Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit-Based Opportunity
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. 3,4,5
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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.1
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.1
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).1
I. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and Federally-assisted contracting requirements).1
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.1, 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.1
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of Countries
That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41— Seismic Safety.
FOOTNOTES TO ASSURANCE (C�(1�
1 These laws do not apply to airport planning sponsors.
Z These laws do not apply to private sponsors.
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$ 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.
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.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere with
such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
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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.
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.
If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public-use airport in accordance with these assurances for
the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person
other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights
and authority to ensure that the airport will be operated and maintained in accordance with Title
49, United States Code, the regulations and the terms, conditions and assurances in this Grant
Agreement and shall ensure that such arrangement also requires compliance therewith.
g. 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.
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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 at the airport. It
will provide such reports on pavement condition and pavement management programs as the
Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it has,
on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of such airport
to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant, the total cost of the project in connection with which
this Grant is given or used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the project. The accounts
and records shall be kept in accordance with an accounting system that will facilitate an effective
audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of
their duly authorized representatives, for the purpose of audit and examination, any books,
documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary
may require that an appropriate audit be conducted by a recipient. In any case in which an
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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.
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.
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It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use
any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants
and their subcontractors to do all or any part of this project as well as the right to disapprove the
proposed scope and cost of professional services.
It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or
any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply any
assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be required
or prescribed by applicable Federal, state, and local agencies for maintenance and 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
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for aeronautical
use during temporary periods when snow, flood, or other climatic conditions interfere with
such operation and maintenance. Further, nothing herein shall be construed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition or circumstance
beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument
and visual operations to the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating
existing airport hazards and by preventing the establishment or creation of future airport hazards.
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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.
It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical
activity for furnishing services to the public at the airport, the sponsor will insert and enforce
provisions requiring the contractor to:
Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
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.
Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and
substantially related to providing air transportation as are applicable to all such air carriers which
make similar use of such airport and utilize similar facilities, subject to reasonable classifications
such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or
status as tenant or signatory shall not be unreasonably withheld by any airport provided an air
carrier assumes obligations substantially similar to those already imposed on air carriers in such
classification or status.
It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft with
its own employees (including, but not limited to maintenance, repair, and fueling) that it may
choose to perform.
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.
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h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met
by all users of the airport as may be necessary for the safe and efficient operation of the airport.
The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if
such action is necessary for the safe operation of the airport or necessary to serve the civil aviation
needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale
of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the grant
of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make
the airport as self-sustaining as possible under the circumstances existing at the particular airport,
taking into account such factors as the volume of traffic and economy of collection. No part of the
Federal share of an airport development, airport planning or noise compatibility project for which a
Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982,
the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner
or operator of the airport, or provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for the use of the revenues
from any of the airport owner or operator's facilities, including the airport, to support not only
the airport but also the airport owner or operator's general debt obligations or other facilities,
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then this limitation on the use of all revenues generated by the airport (and, in the case of a
public airport, local taxes on aviation fuel) shall not apply.
If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation on
the use of all revenues generated by the sale shall not apply to certain proceeds from the sale.
This is conditioned on repayment to the Secretary by the private owner of an amount equal to
the remaining unamortized portion (amortized over a 20-year period) of any airport
improvement grant made to the private owner for any purpose other than land acquisition on
or after October 1, 1996, plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant made to that airport on or after
October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or other
means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines
the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that
the audit will review, and the resulting audit report will provide an opinion concerning, the use of
airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the
owner or operator are paid or transferred in a manner consistent with Title 49, United States Code
and any other applicable provision of law, including any regulation promulgated by the Secretary
or Administrator.
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
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.
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27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance and
all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft
in common with other aircraft at all times without charge, except, if the use by Government aircraft is
substantial, charge may be made for a reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized
aircraft, or during any calendar month that:
Five (S) 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.
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29. Airport Layout Plan.
a. 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.
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—
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.
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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b)
and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs
in compliance with all non-discrimination requirements imposed by or pursuant to these
assurances.
b. Applicability
Programs and Activities. If the sponsor has received a grant (or other federal assistance) for
any of the sponsor's program or activities, these requirements extend to all of the sponsor's
programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand,
renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the
entire facility and facilities operated in connection therewith.
Real Property. Where the sponsor receives a grant or other Federal financial assistance in the
form of, or for the acquisition of real property or an interest in real property, the assurance
will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or structures
or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for
the longer of the following periods:
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.
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 (fSelection 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.
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.
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It will insert non-discrimination contract clauses as a covenant running with the land, in any
deed from the United States effecting or recording a transfer of real property, structures, use,
or improvements thereon or interest therein to a sponsor.
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.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter
arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
For land purchased under a grant for airport noise compatibility purposes, including land serving
as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes,
at fair market value, at the earliest practicable time. That portion of the proceeds of such
disposition which is proportionate to the United States' share of acquisition of such land will be, at
the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred
to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to
the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
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
S. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value and
consistent with noise buffering purposes, the lease will not be considered a disposal of the land.
Revenues derived from such a lease may be used for an approved airport development project
that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land
at fair market value or make available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of the proceeds of such
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disposition which is proportionate to the United States' share of the cost of acquisition of such
land will, upon application to the Secretary, be reinvested or transferred to another eligible airport
as prescribed by the Secretary. The Secretary shall give preference to the following, in descending
order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise
compatibility project at that airport; or
S. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator or
owner before December 31, 1987, will be considered to be needed for airport purposes if the
Secretary or Federal agency making such grant before December 31, 1987, was notified by the
operator or owner of the uses of such land, did not object to such use, and the land continues to
be used for that purpose, such use having commenced no later than December 15, 1989.
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.�ov/sites/faa.�ov/files/aip-pfc-checklist O.pdf) for AIP
projects as of [Selection Criteria: Project Application Date].
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35. Relocation and Real Property Acquisition.
It will be guided in acquiring real property, to the greatest extent practicable under State law, by
the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property
owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other
modes of transportation to have access to the airport; however, it has no obligation to fund special
facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and
performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance
of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not
discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged
Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE)
programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and
reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and
administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE
programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by
reference in this agreement. Implementation of these programs is a legal obligation and failure to carry
out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its
failure to carry out its approved program, the Department may impose sanctions as provided for under
Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
§ 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms
and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102)
has been unable to accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide service to the airport or to
expand service at the airport, the airport owner or operator shall transmit a report to the
Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
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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.
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
http://www.faa.gov/regulations_policies/advisory_circulars
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I have read and agree to follow the attached FAA Grant Assurances.
City of Fort Worth, Texas
(Sponsor)
Vcllerie Washington (Sep 25, 2025 11:03:34 CDT)
(Sponsor Signature)
Assistant City Manager
(Title)
09/25/2025
(Date)
For more information, please consultant the AIP handbook.
https://www.faa.gov/airports/aip/aip handbook/
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Table 2-5 Duration and Applicability of Grant Assurances (Airport Sponsors)
Assurances that.
d. Apply for the
useful life of the
project (not to
exceed 20
years from the
grant
� acceptance
date)exceptin
the case of a
land acquisition
grant, for which
the useful life is
indefinite and
the assurance
obligations do
not expire.
e. Last for as long
as the airport is
owned and
operated as an
airport
Include (by assurance # if applicable)...
#5 Preserving Rights and Powers
#11 Pavement Preventive Maintenance (This applies to all of the airfield
pavement on the airport, not just the specific pavement in the grant.)
#19 Operations and Maintenance
#20 Hazard Removal and Mitigation
#21 Compatible Land Use
#22 Economic Nondiscrimination
#24 Fee and Rental Structure
#27 Use by Government Aircraft
#28 Land for Federal Facilities
#29 Airport Layout Plan
#36 Access by Intercity Buses
#37 Disadvantaged Business Enterprises (See 49 CFR parts 23 and 26, since
certain program requirements may extend the obligation beyond the 20 year
period, while the DBE requirements for the project apply until the project is
closed.)
#38 Hangar Construction
#39 Competitive Access
#23 Exclusive Rights
#25 Airport Revenue
#30 Civil Rights
#31 Disposal of Land
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Table 3-7 Minimum Useful Life
Project Type Usefui Life
a. Ail consvuction projects (unless listed separately below) 20 years
b. All equipment and vehicles (unless listed separately below) 10 years
c. Pavement rehabilitation (not reconstruction, which is 20 years) 10 years
d. Asphalt seal coat, slurry seal, and joint sealing 3 years
e. Concrete joint replacement 7 years
f. Airiield lighting and signage 10 years
g. ARFF vehicles 15 years
h. ARFF structural gear (firefighting suits). which has less heat insulation than 7 years
proximity gear (per the National Fire Protection Association 1971 Standard on
Protective Ensembles for Structural Firefighting and Proximity Firefighting)
i. ARFF proximity gear (firefighting suits), which is also referred to as slicks. 5 years
bunker, or turn out gear (per the National Fire Protection Association 1971
Standard on Protective Ensembles for Structural Firefighting and Proximity
Firefighting)
j. NAVAIDs and Weather Reporting Equipment 15 years
k. Buildings 40 years
I. Land Unlimited
m. Loading Bridges 20 years
n. Fencing 20 years
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Attachment G
SPECIAL CONDITIONS
Airport Lavout Plan (ALP). The State and Sponsor understand and agree to update the ALP to
reflect the construction to standards satisfactory to the FAA and submit it in final form to the State
or the FAA, as described by 49 § 47107(a)(16). It is further mutually agreed that the reasonable cost
of developing said ALP is an allowable cost within the scope of a project funded under this Grant
Agreement, if applicable. Airport Sponsors Grant Assurance 29 further addresses the Sponsor's
statutory obligations to maintain an ALP in accordance with 49 U.S.C. § 47107(a)(16).
Li htin . The State and Sponsor must operate and maintain the lighting system during the useful
life of the system in accordance with applicable FAA standards.
Disadvanta�ed Business Enterprise (DBE)/Airport Concessions Disadvanta�ed Business Enterprise
(ACDBE) Pro�ram. The State and Sponsor understand and agrees that they will not submit payment
reimbursement requests until the Sponsor has received from the FAA Office of Civil Rights approval
of their DBE Program (reflecting compliance with 49 CFR Part 26, including any amendments
thereto), and, if applicable, its ACDBE program (reflecting compliance with 49 CFR Part 23, including
any amendments thereto).
4. Pavement Maintenance Mana�ement Pro�ram. The State and Sponsor agree to implement an
effective airport pavement maintenance management program as required by Airport Sponsors
Grant Assurance 11, Pavement Preventive Maintenance-Management, which is codified at 49
U.S.C. § 47105(e). The Sponsor agrees that it will use the program for the useful life of any
pavement constructed, reconstructed, rehabilitated, or repaired with Federal financial assistance at
the airport. The State and Sponsor further agree that the program will:
Follow the current version of FAA Advisory Circular 150/5380-6, "Guidelines and
Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures
for maintaining airport pavements, establishing an effective maintenance program, specific
types of distress and its probable cause, inspection guidelines, and recommended methods
of repair;
Detail the procedures to be followed to assure that proper pavement maintenance, both
preventive and repair, is performed;
c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval,
and Reference, meeting the following requirements:
Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
1. Location of all runways, taxiways, and aprons;
2. Dimensions;
3. Type of pavement; and
4. Year of construction or most recent major reconstruction, rehabilitation, or
repair.
ii. Inspection Schedule.
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Detailed Inspection. A detailed inspection must be performed at least once
a year. If a history of recorded pavement deterioration is available, i.e.,
Pavement Condition Index (PCI) survey as set forth in the current version of
Advisory Circular 150/5380-6, the frequency of inspections may be
extended to three years.
2. Drive-By Inspection. A drive-by inspection must be performed a minimum
of once per month to detect unexpected changes in the pavement
condition. For drive-by inspections, the date of inspection and any
maintenance performed must be recorded.
iii. Record Keeping. Complete information on the findings of all detailed inspections
and on the maintenance performed must be recorded and kept on file for a
minimum of five years. The type of distress, location, and remedial action,
scheduled or performed, must be documented. The minimum information is:
1. Inspection date;
2. Location;
3. Distress types; and
4. Maintenance scheduled or performed.
iv. Information Retrieval System. The Sponsor must be able to retrieve the
information and records produced by the pavement survey to provide a report to
the FAA as may be required.
Buv American Executive Orders. The State and Sponsor agree to abide by applicable Executive
Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005,
Ensuring the Future Is Made in All of America by All of America's Workers.
Page 52 of 52
APPROVAL RECOMMENDED:ATTEST:
Aviation City Secretary
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Routing and Transmittal Slip
___________________________________
Department
DOCUMENT TITLE: __________________________________________
M&C______________ CPN______________ CSO #______________ DOC#______________
Aviation
FWS Vehicle Service Road Construction BIL AIG Grant Agreement
22-0284 & 23-0649
Tyler Dale 5416
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 No
RUSH:Yes No SAME DAY:Yes No NEXT DAY:Yes No
ROUTING TO CSO: Yes No
Action Required:
d
our Information
Signature/Routing and or Recording
Return to:Please call _____________________at ext._____ for pick up when completed. Thank you.
DATE: 9/18/2025 INITIALS DATE OUT
TO:
1. Sasha Kane
2. Joe Hammond
3. Roger Venables
4. Candace Pagliara
5. Valerie Washington
6. Jannette Goodall
X
X
X
Docusign Envelope ID: C10FE8D0-21C5-4571-B2D8-1AEBA45B6B78
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:
Fund
Airport Grants Federal Fund
Appropriation Amount
$295,000.00
Original Budget
$295, 000.0
Docusign Envelope ID: C10FE8D0-21C5-4571-B2D8-1AEBA45B6B78 $29,500.00I $29,500.0
Project Total $324,500.00 $324,500.0
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 City Manager's Office b� Dana Burghdoff 8018
Originating Business Unit Head: Roger Venables 6334
Additional Information Contact: Tyler Dale 5416
Docusign Envelope ID: C10FE8D0-21C5-4571-B2D8-1AEBA45B6B78
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.
Funding is budgeted in the Capital Intrafund Transfer Out account of the Aviation DepartmenYs 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 City Manager's Office bk Dana Burghdoff 8018
Originating Business Unit Head: Roger Venables 6334
Additional Information Contact: Tyler Dale 5416
Appropriations to the Muni Airport Grants Federal Fund will be as shown below:
Docusign Envelope ID: C10FE8D0-21C5-4571-B2D8-1AEBA45B6B78
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/08/23 M&C FILE NUMBER: M&C 23-0649
LOG NAME: 55FWS FY2361LAIRPORTINFRASTRUCTURE
SUBJECT
(CD 8) Authorize Application for and Acceptance of the Infrastructure Investment and Jobs Act of 2023 Grant, if Awarded, from the Federal
Aviation Administration Passed Through the Texas Department of Transportation in an Amount Up to $292,000.00 for an Eligible Project at City of
Fort Worth Spinks Airport, Authorize a Transfer of Up to $32,444.44 for the City's Match Requirement for a Total Amount Up to $324,444.44, Adopt
Appropriation Ordinance, and Adopt Resolution Authorizing the City Manager to Execute Grant Related Agreements with the State of Texas,
Represented by the Texas Department of Transportation
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and acceptance of the Infrastructure Investment and Jobs Act of 2023 Grant, if awarded, from the Federal
Aviation Administration passed through the Texas Department of Transportation in an amount up to $292,000.00 for an eligible project at
City of Fort Worth Spinks Airport;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Muni Airport Grants Federal Fund in an
amount up to (1) $292,000.00, subject to the receipt of the grant, and (2) $32,444.44 as a transfer from the Municipal Airport Capital Proj
Fund to satisfy the City's match requirement, totaling $324,444.44, for the purpose of funding improvements at City of Fort Worth
Spinks Airport; and
3. Adopt the attached resolution as required by the Texas Department of Transportation, authorizing the City Manager or his designee to
execute all necessary contracts associated with this project with the Texas Department of Transportation.
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 $292,000.00 under the program for fiscal year 2023. 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 four 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 runway and taxiway rehabilitation, safety area improvements, access road construction
and improvements, airfield lighting, signage and drainage improvements, 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 City Council 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 2023 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.
Funding is budgeted in the Capital Intrafund Transfer Out account of the Aviation Department's Municipal Airport Capital Proj Fund for the purpose
of the City's required match.
ADVISORY BOARD APPROVAL - On January 26, 2023, 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 8.
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 City Manager's Office b� Dana Burghdoff 8018
Originating Business Unit Head: Roger Venables 6334
Additional Information Contact: Sasha Kane 5404
Docusign Envelope ID: C10FE8D0-21C5-4571-B2D8-1AEBA45B6B78 ts Federal Fund as shown below: