HomeMy WebLinkAboutContract 29138 CITY SECRETARY
CONTRACT NO.
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.:03CTSPINK
TxDOT Project No.: AP FW SPINKS S
TxDOT Contract No. : 3XXAV 101
Part I-Identification of the Project
TO: The City of Fort Worth, Texas
FROM: 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, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and the City of Fort Worth,Texas, (hereinafter referred to as 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1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq.,
(hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures
promulgated pursuant; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq.
(Vernon and Vernon Supp).
The project is described as follows: design and construction of the air traffic control
tower at the Fort Worth Spinks Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with 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 as herein
provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY OFFERS AND AGREES
to pay, as the United States share of the allowable costs incurred in accomplishing the project,
ninety percentum of all allowable project costs. This grant is made on and subject to the
OFFICIAL RM
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following terms and conditions:
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 for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that construction project costs will be approximately $1,000,000 (Amount
A). It is further estimated that approximately $1,000,000 (Amount B) of the project costs
will be eligible for federal financial assistance, and that federal financial assistance will
be for ninety percent (90%) 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.
3. The maximum obligation of the United States payable under this offer shall be $900,000
(Amount Q.
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. It is the intent of the
State to provide funding to complete the approved work items of this grant and not'to
amend the scope of work to include items outside of the current determined needs of this
project. Scope of work may be amended as necessary to fulfill the unforeseen needs of
this specific development project 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 $100,000
(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 in behalf of the Sponsor which are in excess of the federal percentage
of financial participation as stated in Paragraph II-2. The State shall refund to the
Sponsor, at the financial closure of the project, any excess funds provided by the
Sponsor.
5. If there is an overrun in the eligible project costs, the State may not increase the grant to
cover the amount of overrun. The Sponsor is responsible for all overruns. The State will
not authorize expenditures in excess of the dollar amounts identified in this Agreement
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and any amendments, without the consent of the Sponsor.
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 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.
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. The last
ten (10) percent of the grant will be paid only after the staff has inspected and approved
the completed project.
PART III - Sponsor Responsibilities
l. 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, Airport Assurances (9/99)(State Modified
9/99), attached and made a part of this Agreement; and
C. it will, in the operation of the facility, 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; and
d. 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
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A
e. 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
f. 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
g. it shall not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
h. it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
i. it will acquire all property interests identified as needed for the purposes of this
project and 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 of this 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
j. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
k. 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).
Sponsor shall not be required to pledge income received from the mineral estate
to airport use unless state and/or federal funds were used to acquire the mineral
estate of airport lands or any interests therein; and
1. 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 revenues,
expenses, retained earnings, and balances in the account are discernible from
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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
M. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
n. 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 Tex. Loc. Govt. Code Ann. §§ 241.001
et seq. (Vernon and Vernon Supp.). 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
o. 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
P. 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
q. 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
r. 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 or judgment, to
the State. It shall furnish to the State, upon request, all documents and records
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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.
S. it will fully equip, maintain, and staff the control tower to provide sufficient and
adequate control for the safe operation of the airport; and
t. it will operate the control tower for at least ten years.
2. 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.
3. 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 D "Pavement Maintenance Management Program", attached
and made a part of this agreement.
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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 State, 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.
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. A current and approved Attorney's Certificate of Airport Property Interests and
Exhibit A property map; and
b. 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.
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
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submitted for the period October 1 —March 31 and April 1 — September 30. Submission
shall be made using Department of Transportation (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 submit to the State the following:
a. siting study for review and approval; and
b. documentation of official designation of the consultant selection committee,
evaluation criteria, scoring matrix and consultant ranking; and
C. evidence that selected design firm has previous control tower experience; and
d. 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
e. prior to entering into professional services contract: copies of the independent
engineering fee analysis and negotiation summary; and
f. advance notification of the project pre-design meeting; and
g. notification of design option selected; and
h. preliminary design plans; and
i. prior to advertising for construction: contract documents including drawings,
specifications, bid documents, and draft construction contract to TxDOT and
FAA for review; and
j. prior to construction contract award: bid tabulation and recommendation of
award; and
k. following execution: copy of the construction contract; and
1. advance notification of pre-construction meeting; and
M. prior to execution: construction change orders and supplemental agreements; and
n. advance notification of the final inspection date.
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14. The Sponsor may utilize paving specifications meeting State Highway criteria for
runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not
exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request
additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing
State specification for 10 years from pavement acceptance.
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.
2. The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its
agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant, and
the Sponsor;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs. Monthly grant payments to the Sponsor will be made
upon request to the State. 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. The last ten (10) percent of the grant
will be paid only after the staff has inspected and approved the completed project.
C. pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
3. Responsibility of the State shall include, if appropriate,but not be limited to:
a. concurrence with project scope; and
b. verification of consultant selection process; and
C. review and concurrence with property acquisition procedures; and
d. concurrence with engineering fee; and
e. attendance at the project pre-design meeting; and
f. review and concurrence in design options based on preliminary engineering
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report; and
g. review and acceptance of engineering plans, specifications, bid documents, and
construction contract; and
h. concurrence in the contract award based on bid tabulations; and
i. attendance at the pre-construction meeting; and
j. occasional visits to the project site during construction; and
k. review and concurrence with construction change orders and supplemental
agreements; and
1. attendance at the final inspection meeting; and
in. maintaining record drawings.
PART V-Recitals
1. The Sponsor shall obtain an audit as required by federal or state regulations; and procure
and forward to the State and FAA such specific project documentation as is necessary to
complete all aspects of this project.
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 1V - 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 incident to, compliance with
this grant agreement.
5. 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.
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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:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the
corrective 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., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the
aforementioned 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.
a. 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 herein, (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 herein, 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.
b. 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 be unreasonably denied
or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning
their rights and responsibilities in regard to this project and shall not be modified,
amended, rescinded or revoked unless such modification, amendment, rescission or
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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 incorporated shall be evidenced by execution of this
instrument by the Sponsor, as provided, and 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 herein. Such Grant Agreement shall become effective upon the
State's written Notice to Proceed issued following execution of this agreement.
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.
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Part VI -Acceptance of the Sponsor
The 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 foregoing Agreement, and does accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Agreement.
Executed this day of -SQ1 °/� 20 .
The C' Fort Worth Texas
/ Spo r
r
rtness Signature Sponsor nature
Marc A. Ott
Assistant City Manager
Witness Title Sponsor Title
Certificate of Sponsor's Attorney
I, Ale? r Va� , acting as attorney for Lllt.,, F-V r�-VfoY"Hi ,
Texas, do certify that I h ve 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.
Dated at )7WY -Vydy* , Texas,this 2E day of Ae n"h?l" , 20Q
14,,
Wi ss Signature Atto Signature
i"!�G Cr
S-2?-o3
fitness Title
ATTESTED BY
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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
By: ✓,
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
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.
The City of Fort Worth, Texas
(Sponsor)
By:
Marc A. Ott
Title: Assistant City Manager
Date: c�4a�.. � oZDGt�
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ATTACHMENT B PART V ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,
and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project Airport Project Participation Agreement (bcreinafter
referred to as"APPA")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 the grant offer by the sponsor,these assurances are incorporated in and become part of the grant
agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.The terms,
conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise compatibility program project,or
throughout the useful life of the project items installed within a facility under a noise compatibility program project,but in
any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project.
However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long
as the airport is used as an airport.There shall be no limit on the duration of the terms,conditions,and assurances with
respect to real property acquired with federal funds.Furthermore,the duration of the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.The preceding paragraph 1
also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no
less than ten(10)years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.Unless otherwise specified in the grant agreement,only Assurances 1,2,3,
5,6,13,18,30,32,33,and 34 in section C apply to planning projects.The terms,conditions,and assurances of the grant
agreement shall remain in full force and effect during the life of the project.
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 project,acceptance and use of Federal funds for this project including but
not limited to the following:
Federal Legislation
a. Title 49,U.S.C.,subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(a),et seq.]
C. Federal Fair Labor Standards Act-29 U.S.C.201,et seq.
d. Hatch Act-5 U.S.C. 1501,et seq.r
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601_t
sea.'2
f National Historic Preservation Act of 1966-Section 106-16 U.S.C.470(f).'
g. Archeological and Historic Preservation Act of 1974-16 U.S.C.469 through 469c.'
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et seq.
i. Clean Air Act,P.L.90-148,as amended.
j. Coastal Zone Management Act,P.L.93-205,as amended.
k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C.4012a.'
I. Title 49,U.S.C.,Section 303,(formerly known as Section 4(f))
M. Rehabilitation Act of 1973-29 U.S.C.794.
n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d4.
o. Age Discrimination Act of 1975-42 U.S.C.6101,et seq.
P. American Indian Religious Freedom Act,P.L.95-341,as amended.
q. Architectural Barriers Act of 1968-42 U.S.C.4151,et seq.'
r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.8373.1
S. Contract Work Hours and Safety Standards Act-40 U.S.C.327,et seg.'
t. Copeland Antikickback Act-18 U.S.C.874.'
U. National Environmental Policy Act of 1969-42 U.S.C.4321 e, t seq.'
V. Wild and Scenic Rivers Act,P.L.90-542,as amended.
W. Single Audit Act of 1984-31 U.S.C.7501,et seq.'
X. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Executive Orders
Executive Order 11246-Equal Employment Opportunity'
Executive Order 11990-Protection of Wcdands
Executive Order 11998—Flood Plain Management
Executive Order 12372-Intergovernmental Review of Federal Programs.
Page 16 of 27
Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction'
Executive Order 12898-Environmental Justice
Federal Regulations
a. 14 CFR Pan 13-Investigative and Enforcement Procedures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
C. 14 CFR Part 150-Airport noise compatibility planning.
d. 29 CFR Part 1 -Procedures for predetermination of wage rates.'
e. 29 CFR Part 3-Contractors and subcontractors on public building or public work financed in whole or part by
loans or grants from the United States.'
f 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed and assisted
construction(also labor standards provisions applicable to non-construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,
Department of Labor
(Federal and federally assisted contracting requirements).'
h. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state and local
governments.3
i. 49 CFR Part 20-New restrictions on lobbying.
j. 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.
k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions.
1. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted
programs.'_
in. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation
Programs.
n. 49 CFR Part 27-Nondiscrimination on the basis of bandicap in programs and activities receiving or benefiting
from Federal
financial assistance.'
o. 49 CFR Part 29—Government wide debarment and suspension(non-procurement)and government wide
requirements for drug-free workplace(grants).
p. 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.
q. 49 CFR Pan 41-Seismic safety of Federal and federally assisted or regulated new building construction.'
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-133-Audits of States,Local Governments,and Non-Profit Organizations
(1) These laws do not apply to airport planning sponsors.
(2) These laws do not apply to private sponsors.
(3) 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments
receiving Federal assistance.Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance under
Title 49,United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,regulations or circulars are
incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the 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 APPA,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 APPA and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project
and comply with all terms,conditions,and assurances ofthis grant agreement.It shall designate an official
representative and shall in writing direct and authorize that person to file this APPA,including all
understandings and assurances contained therein;to act in connection with this APPA;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 as sufficient funds available to assure operation and maintenance of items funded under the 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.
Page 17 of 27
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 the grant agreement without the written
approval of the Secretary,and will act promptly to acquire,extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the sponsor.This shall be done in a
manner acceptable to the Secretary.
b. 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 APPA 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 the 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 the grant agreement and to have
the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the
contract or document transferring or disposing of the sponsor's interest,and make binding upon the transferee
all of the terms,conditions,and assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by another unit of local government or
are on property owned by a unit of local government other than the sponsor,it will enter into an agreement with
that government.Except as otherwise specified by the Secretary,that agreement shall obligate that government
to the same terms,conditions,and assurances that would be applicable to it if it applied directly to the FAA for a
grant to undertake the noise compatibility program project.That agreement and changes thereto must be
satisfactory to the Secretary.It will take steps to enforce this agreement against the local government if there is
substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an
agreement with the owner of that property which includes provisions specified by the Secretary.It will.take
steps to enforce this agreement against the property owner whenever there is substantial non-compliance with
the terms of the agreement.
e. if the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a public-use airport in accordance with these assurances for the duration of these
assurances.
f. if an arrangement is made for management and operation of the airport by any agency or person other than the
sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the
airport will be operated and maintained in accordance Title 49,United States Code,the regulations and the
terms,conditions and assurances in the grant agreement and shall insure that such arrangement also requires
compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this
APPA)of public agencies that are authorized by the State in which the project is located to plan for the development of the
area surrounding the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project
may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49,United States
Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport,an airport runway,ora 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 eonsistcncy 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. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it
will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the
project will be located,designed,constructed,and operated so as to comply with applicable air and water quality standards.
In any case where such standards have not been approved and where applicable air and water quality standards have been
promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such
Administrator.Notice of certification or refusal to certify shall be provided within sixty days after the project APPA has
been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January I, 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 request,all the safety equipment required for
certification of such airport under section 44706 of Titic 49,United States Code,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.
Page 18 of 27
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of
the proceeds of the grant,the total cost of the project in connection with which the 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 the grant.The Secretary may require that an appropriate audit be conducted
by a recipient.In any case in which an independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection with which the 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 52,000 for work on any projects funded under the
grant agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the
Secretary of Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C.276a-276a-5),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 the 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 Veterans of the Vietnam era and disabled veterans
as defined in Section 47112 of Title 49,United States Code.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 the 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 APPA 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 APPA or
with the modifications similarly approved.
b. It will fumish the Secretary with such periodic reports as required pertaining to the planning project and
planning work activities.
C. It will include in all published material prepared in connection with the planning project a notice that the
material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public,and agrees that no material prepared with
funds under this project shall he subject to copyright in the United States or any other country.
C. 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.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the
project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any
planning material developed as part of this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future request for a Federal airport grant.
19. Operation and Maintenance.
a. 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-
(l) Operating the airport's aeronautical facilities whenever required;
Page 19 of 27
(2)Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions;
and
(3)Promptly notifying airmen 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 whieh is substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which
Federal funds have been expended.
20. Hazard Removal and Mitigation.It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport(including established minimum flight altitudes)will be adequately
cleared and protected by removing,lowering,relocating,marking,or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.It will take appropriate action,to the extent reasonable,including the adoption of zoning laws,to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations,including landing and takeoff of aircraft.In addition,if the project is for noise compatibility
program implementation,it will not cause or permit any change in land use,within its jurisdiction,that will reduce its
compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust
discrimination to all types,kinds and classes of aeronautical activities,including commercial aeronautical
activities offering services to the public at the airport.
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 famishing services to
the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to-
(1)furnish said services on a reasonable,and not unjustly discriminatory,basis to all users thereof,and
(2)charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the
contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other similar types
of price reductions to volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the same rates,fees,rentals,and other charges as are
uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is
authorized or permitted by the airport to serve any air carrier at such airport
C. Each air carrier using such airport(whether as a tenant,nontenant,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 nontenants and signatory carriers and
nonsignatory carriers.Classification or status as tenant or signatory shall not be unreasonably withheld by any
airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers
in such classification or status.
f It will not exercise or grant any right or privilege which operates to prevent any person,firm,or corporation
operating aircraft on the airport from performing any services on its own aircraft with its own employees
[including,but not limited to maintenance,repair,and fueling)that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services
involved will be provided on the same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by all users of
the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to
provide,aeronautical services to the public.For purposes of this paragraph,the providing of the 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
Page 20 of 27
aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such
an airport before the grant of any assistance under Title 49,United States Code,
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account
such factors as the volume of traffic and economy of collection.No part of the Federal share of an airport development,
airport planning or noise compatibility project for which a grant is made under Title 49,United States Code,the Airport
and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall
be included in the rate basis in establishing fees,rates,and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30,1987,
will be expended by it for the capital or operating costs of the airport;the local airport system;or other local
facilities which are owned or operated by the owner or operator of the airport and which are directly and
substantially related to the actual air transportation of passengers or property;or for noise mitigation purposes
on or offthe airport.Provided,however,that if covenants or assurances in debt obligations issued before
September 3,1982,by the owner or operator of the airport,or provisions enacted before September 3, 1982,in
governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of
the airport owner or operator's facilities,including the airport,to support not only the airport but also the airport
owner or operator's general debt obligations or other facilities,then this limitation on the use of all revenues
generated by the airport(and,in the case of a public airport,local taxes on aviation fuel)shall not apply.
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 Section 47107 of Title 49,United States Code.
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 the grant agreement including deeds, leases,
agreements, regulations,and other instruments,available for inspection by any duly authorized agent of the
Secretary upon reasonable request;and
d. in a format and time prescribed by the Secretary,provide to the Secretary and make available to the public
following each of its fiscal years,an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of goverment and the purposes for which each such
payment was made;and
(ii) all services and property provided by the airport to other units of government and the amount of
compensation received for provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government 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-
a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or
b. The total number of movements(counting each landing as a movement)of Goverment aircraft is 300 or more,
or the gross accumulative weight of Government aircraft using the airport(the total movement of Goverment
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,or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction,operation,and maintenance at Federal expense of space or facilities for such purposes.Such
areas or any portion thereof will be made available as provided herein within four months after receipt of a written request
from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an 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
Page 21 of 27
roads),including all proposed extensions and reductions of existing airport facilities;and(3)the location of all
existing and proposed nonaviation areas and of all existing improvements thereon.Such airport layout plans and
each amendment,revision,or modification thereof,shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of
the airport layout plan.The sponsor will not make or permit any changes or alterations in the airport or any of
its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which
might,in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made 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 replacement thereof)to a site acceptable to the Secretary and all
costs of restoring such property(or replacement thereof)to the level of safety,utility,efficiency,and cost of
operation existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,
creed,color,national origin,sex,age,or handicap be excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program,except where 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:(a)the period during which the property is
used for a purpose for which Federal financial assistance is extended,or for another purpose involving the provision of
similar services or benefits,or(b)the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,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,at the discretion of the Secretary,1)be paid to the Secretary for deposit in the Trust Fund,or 2)be
reinvested in an approved noise compatibility project as prescribed by the Secretary.
b. (1)For land purchased under a grant for airport development purposes(other than noise compatibility),it will,
when the land is no longer needed for airport purposes,dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'proportionate share of the fair market value of
the land.That portion of the proceeds of such disposition which is proportionate to the United States'share of
the cost of acquisition of such land will,(a)upon application to the Secretary,be reinvested in another eligible
airport improvement project or projects approved by the Secretary at that airport or within the national airport
system,or(b)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
(2)Land shall be considered to be needed for airport purposes under this assurance if(a)it may be needed for
aeronautical purposes(including runway protection zones)or serve as noise buffer land,and(b)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 snaking 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.
C. Disposition of such land under(a)or(b)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. 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 with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title 1X of the Federal Property and Administrative Services Act of 1949 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 cant'out the project in accordance with policies,standards,and
specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects,dated 7/1/99 and included in this grant,and in accordance with applicable state
policies,standards,and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1)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.(2)It will provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24,(3)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.
Page 22 of 27
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 recipient shall not discriminate on the basis of race,color,national origin or
sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26.The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non discrimination in the award and administration of DOT-assisted contracts.The recipient's DBE program,as
required by 49 CFR Part 26,and as approved by DOT,is incorporated by reference in this agreement.Implementation of
this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.Upon
notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as
provided for under Part 26 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).
Page 23 of 27
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on:7/1/99
The following apply to both AIP and PFC Projects
NUMBER TITLE
70/7460-11 Obstruction Marking and Lighting
150/5000-13 Announcement of Availability--RTCA Inc.,Document RTCA-221,Guidance and
Recommended Requirements for Airport Surface Movement Sensors
150/5100-14C Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects
150/5200-30A,CHG I&2 Airport Winter Safety and Operations
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
150/5210-513 Painting,Marking and Lighting of Vehicles Used on an Airport
150/5210-713 Aircraft Fire and Rescue Communications
150/5210-13A Water Rescue Plans,Facilities,and Equipment
150/5210.-14A Airport Fire and Rescue Pcrsonnel Protective Clothing
150/5210-15 Airport Rescue&Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5210-19 Driver's Enhanced Vision System(DEVS)
150/52204B Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-1 OB Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-16B Automated Weather Observing Systems for NonFederal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
150/5220-19 Guide Specification for Small,Dual-Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20,CHG I Airport Snow and Ice Control Equipment
150/5220-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
150/5300-13,CHG 1,2,3,4,5 Airport Design
150/5300-14 Design of Aircraft Deicing Facilities
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-513 Airport Drainage
150/5320-61) Airport Pavement Design and Evaluation
150/5320-12C Measurement,Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5320-16 Airport Pavement Design for the Boeing 777 Airplane
150/5325.4A,CHG I Runway Length Requirements for Airport Design
150/5340-1 G Standards for Airport Markings
150/53404C,CHG I&2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B,CHG 1 Segmented Circle Airport Marker System
150/5340-14B,CHG I&2 Economy Approach Lighting Aids
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C,CHG 1 Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
150/5340-24,CHG I Runway and Taxiway Edge Lighting System
150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-31) Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D,CHG I Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-1 OE Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
150/5345-26B,CHG 1&2 Specification for L823 Plug and Receptacle,Cable Connectors
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D,CHG 1 Precision Approach Path Indicator(DAPI)Systems
150/5345-39B,CHG 1 FAA Specification L853,Runway and Taxiway Centerline Retroreflective Markers
I50/534542C,CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes and
Accessories
150/534543E Specification for Obstruction Lighting Equipment
150/534544F,CHG I Specification for Taxiway and Runway Signs
150/534545A Lightweight Approach Light Structure
150/534546A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/534549A Specification L854,Radio Control Equipment
150/5345-50,CHG 1 Specification for Portable Runway Lights
Page 24 of 27
150/5345-51,CHG 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators(GVGT)
150/5345-53A,(including addendum) Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A Airport Signing&Graphics
150/5360-13,CHG I Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C Operational Safety on Airports During Construction
150/5370-6B Construction Progress and Inspection Report-Airport Grant Program
150/5370-10A CHG 1,2,3,4,5,6,7,8,9 Standards for Specifying Construction of Airports
150/5370-11,CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5390-2A Heliport Design
150/5390-3 Vertiport Design
Page 25 of 27
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-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling,rehabilitation,and employee assistance programs;and
(4)The penalties that may be 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-
(1) Abide by the terms of the statement;and
(2)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-
(1)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
(2)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),
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)
Check if re ar workplaces n eLtare ot identified here.
Signed: Dated:
Marc
Assistant City Manager
Typed Name and Title of Sponsor Representative
Page 26 of 27
ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to assure
that proper pavement maintenance,both preventative and repair,is performed. An airport sponsor may use any form
of inspection program it deems appropriate. The program must,as a minimum,include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
a. location of all runways,taxiways,and aprons
b. dimensions
c. type of pavement
d. year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances,pavements that have been constructed,
reconstructed,or repaired with Federal financial assistance shall be so depicted.
2. Inspection Schedule.
a. 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
Advisory Circular 150/5380-6,Guidelines and Procedures for Maintenance of Airport Pavements,the
frequency of inspections may be extended to three years.
b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress,their locations,and
remedial action,scheduled or performed,must be documented. The minimum information to be recorded is listed
below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections,the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate,so long as
the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may
be required.
5.Reference. Refer to Advisory Circular 150/5380-6,Guidelines and Procedures for Maintenance of Airport
Pavements,for specific guidelines and procedures for maintaining airport pavements and establishing an effective
maintenance program. Specific types of distress,their probable causes,inspection guideline,and recommended
methods of repair are presented.
Page 27 of 27
City of Fort Worth, Texas
"CO.Jor And izauncil COMI"Unication
DATE REFERENCE NUMBER LOG NAME PAGE
5/27/03 **G-13980 1 55SPINKS TOWER 1 of 2
SUBJECT APPROPRIATION ORDINANCES, APPLY FOR AND ACCEPT A GRANT, AND ADOPT
A RESOLUTION CERTIFYING THE AVAILABILITY OF THE CITY'S SHARE OF THE
GRANT FOR THE DESIGN AND DEVELOPMENT OF A PERMANENT AIR TRAFFIC
CONTROL TOWER AT FORT WORTH SPINKS AIRPORT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and execute, if awarded, a grant agreement relating to the
respective duties and obligations of the Texas Department of Transportation (TxDOT) and the City
under the grant for the development of a permanent Air Traffic Control Tower at Fort Worth Spinks
Airport (Spinks) from TxDOT in the amount of $1,000,000; and
2. Authorize the transfer of funds from the Airport Operating Fund to the Airport Grant Fund in the
amount of $100,000; and
3. Adopt -the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of $1,000,000 in the Airport Grant Fund, subject to receipt of the grant; and
4. Adopt the attached resolution certifying that $100,000 in City funds will be available as a 10% match
for a grant from the TxDOT Aviation Division in the amount of $1,000,000 for the design and
development of a permanent Air Traffic Control Tower at Spinks.
DISCUSSION:
The TxDOT Aviation Division has notified the City that a grant is tentatively available to fund the design
and development of a permanent Air Traffic Control Tower at Spinks. The addition of the permanent
control tower would significantly enhance the airport's operational capabilities and make Spinks eligible
for entry into the Federal Aviation Administration Cost Share Program. Staff has been operating a
portable Air Traffic Control Tower at Spinks since April 8, 2001, and has provided positive control for
over 190,000 mishap-free flight operations. The addition of -the permanent control tower will help
facilitate moving Spinks to the next level for operational capabilities, and will serve as one of the
milestones the City has accomplished in ensuring the promotion and development of the airport for out
years.
Staff would like to use $100,000 from savings in the Municipal Airports Operating Fund for the City's
10% match for the development of a permanent control tower at Spinks. Because of expenditure
savings due to staff turnover, the Municipal Airports Operating Fund projects to have revenues in
excess of expenditures in the current fiscal year. It is recommended that these expenditure savings be
used for the $100,000 match requirement.
City of Fort Worth, Texas
qVC1.1or And Council 4:0mmunication
DATE REFERENCE NUMBERLOG NAME PAGE
5/27/03 **G-13980 55SPINKS TOWER 2 of 2
SUBJECT APPROPRIATION ORDINANCES, APPLY FOR AND ACCEPT A GRANT, AND ADOPT
A RESOLUTION CERTIFYING THE AVAILABILITY OF THE CITY'S SHARE OF THE
GRANT FOR THE DESIGN AND DEVELOPMENT OF A PERMANENT AIR TRAFFIC
CONTROL TOWER AT FORT WORTH SPINKS AIRPORT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Airport Grant Fund.
MO:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR14 472040 055302859000 $ 100,000.00
Marc Ott 8476 GR14 451942 055302859000 $ 900,000.00
Originating Department Head: GR14 541200 055302859010 $1,000,000.00
Mike Feeley(Acting) 5403 (from) APPROVED 05/27/03
PE40 538070 0552002 $ 100,000.00 ORD.# 15567
Additional Information Contact: RESOLUTION NO 2949
Mike Feeley(Acting) 5403