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Home My WebLink AboutContract 26033 CITY SECRETARY • CONTRACT NO• TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT Contract No.: 0XXFA052 TxDOT CSJ No.: 0002MECHM TxDOT Project No.: AP MEACHAM 3 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"). WITNESSETH: WHEREAS, 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aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures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 thereto; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp); and WHEREAS, the project is described as follows: design and construction of Taxiway "K' at Fort Worth Meacham International Airport; and WHEREAS, the Sponsor hereby applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above; and WHEREAS, the parties hereto, by this Agreement, do hereby fix their respective responsibilities, with reference to each other, with reference to the accomplishment of said project and with reference to the United States. NOW THEREFORE, 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 said Airport Project Participation Agreement and its acceptance of this Offer as hereinafter 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 TH UNITED STATES FEDERAL AVIATION Pae 1 of 16 CNS' * ° Ill 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 following terms and conditions: Part H- 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. Sections 241.001 et seq. (Vernon and Vernon Supp). 2. It is estimated that total project costs will be approximately $555,556 (Amount A). It is further estimated that approximately $555,556 (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 lines following completion of project. 3. The maximum obligation of the United States payable under this offer shall be $500,000 (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 $55,556 (Amount D). The Sponsor specifically agrees that it shall pay any project costs which exceed the sum of the federal share (Amount Q. 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 heretofore 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. 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 the Federal Aviation Administration, hereinafter referred to as the "FAA", shall prescribe. Final determination of the United States share will be based upon the-final audit of d e Page 2 of 16 D`Iii tlr `C'rL��:U�tSU/V��11 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 heretofore stated. The Sponsor hereby 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. PART III- Sponsor Responsibilities 1. In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Airport Assurances (9/99)(State Modified 9/99), attached hereto and made a part of this Agreement; and b. 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 C. 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 said improvements, not to exceed 20 years; and d. 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 e. 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 f. it shall not permit non-aeronautical use of airport facilities, unless noted on an Page 3 of 16 WQ© approved Airport Layout Plan, without prior approval of the State/FAA; and g. 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 h. 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 i. the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and j. 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 k. 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 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 1. following completion of the project where airport lighting is part of a project, the Sponsor shall operate such lighting at least at low intensity from sunset to sunrise; and Page 4 of 16 MAR, I Uc � �U�(7_ M. 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. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain avigation 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 n. it will provide upon request to 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 o. 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 p. 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 thereto, shall be filed with the State for approval; and q. 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 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. 2. The Sponsor hereby 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 Page 5 of 16 ,v 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 herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter 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. Upon entering into this Agreement, Sponsor hereby agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project, and which individual shall have the authority to make approvals and disapprovals as required on behalf of the Sponsor. 6. 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. 7. The Sponsor by execution of this grant, certifies that it has implemented, or will implement during this project, an effective airport pavement maintenance management program, and it assures that it will use such program during the period of this Agreement. It will provide upon written request, such reports on pavement condition and pavement management programs as the State determines may be useful. Failure to comply with this condition may make the Sponsor ineligible for future grants. 8. 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. 9. The Sponsor shall have on file with the State: a. Certification Regarding Drug-Free Workplace Requirements; b. Certification Regarding Pavement Preventive Maintenance. :.1►r 1.0��,:� a, ,,OBD Page 6 of 16 ,� u cL'•�..�IwU o 10. 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. 11. 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. 12. 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. 13. 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 that October 15 of each year the grant is open. 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". 14. 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. Page 7 of 16 � Part IV- Nomination of the Agent 1. The Sponsor hereby 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 hereto 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 herewith 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 thereto, and the Sponsor; b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs. 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. PART V-Recitals 1. The Sponsor shall obtain an audit as required by federal or state regulations; and procure and forward to the 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 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 hereby 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_ '"h this Page 8 of 16 ,' n: a�'�UQ� 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. 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. Sections 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 hereto in Travis County, Texas. Page 9 of 16 1 N 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 be 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 revocation is agreed to by both parties in writing and executed by both parties. 10. All commitments by the Sponsor and the State hereunder are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 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 herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter 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. Page 10 of 160 Part VI-Acceptance of the Sponsor The City of Fort Worth, Texas, does hereby 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 hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement thereof. Executed this Z+L' day of _ 5 ,,i e- , 2000 ._ The City of Fort Worth, Texas Sponsor Witness Signature Signature n�+�►s .�.� c�tt _ AsslsMnL CCl?y ILanager- Witness Title Title ` Certificate of Sponsor's Attorney I, 4�r VQ , acting as attorney for_ Ar4" 1/✓o7I' , Texas, do hereby certify t__at I have fully examined the foregoing Agreement and the proceedings taken by said Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Agreement by said Sponsor, is in accordance with the laws of the State of Texas. Dated at Furl- vV Or*, -, Texas, this_ /j7► day of Feb ''yarv �, 2000. C-12 / s - Witnes gnature Attorne Signa ure Assrsfianfi UN kttrn-ey itness Title Title Page 11 of 16 Part VII- Acceptance of the State STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION David S. Fulton, Director Aviation Division Texas Department of Transportation Date: �� 2.�� Page 12 of 16 'V�U��JL��''� J E!C0 D CERTIFICATION OF PROJECT FUNDS TxDOT Contract No.: OXXFA052 TxDOT CSJ No.: 0002MECHM TxDOT Project No.: AP MEACHAM 3 The City of Fort Worth does hereby certify that sufficient funds to meet the Sponsor's share of project costs as identified in the Airport Project Participation Agreement for said project will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount Date Available lratifs Fund V05 5, 5 56 D' S-16-CD The City of Fort Worth, Texas, has caused this to be duly executed in its name, this_ /2 day of .Tune, , 2000. The City of Fort Worth, Texas (Sponsor) By Title: ASs/S h� 0/hi A ana4e✓' APPROVED AS TO FORM AND LEGALITY — 26� G-_/2 q/ Assistant Cit ttorney S-/6-D`D : .. i Contract Authorization ATTEST Y bete �, Page 13 of 16 r .'' GY CERTIFICATION OF AIRPORT FUND TxDOT Contract No.: OX3FA052 TxDOT CSJ No.: 0002MECHM TxDOT Project No.: AP MEACHAM 3 The City of Fort Worth does hereby certify that the Al�i',Pods Airport Fund (Name of Fund) has been established for the City of Fort Worth, 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 City of Fort Worth 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, has caused this to be duly executed in its name, this /2A day of T ttn e, ) 2000. The City of Fort Worth, Texas (Sponsor) r Title: ASSISfdr1t l -1 ManQU-er L5FR L FlK-0r�D Page 14 of 16 r ly 5E(��j�rIMMn1�M'I]�(��,/I'�� K�i �fl, U eX. CERTIFICATION REGARDING PAVEMENT PREVENTIVE MAINTENANCE TxDOT Contract No.: OXXFA052 TxDOT CSJ No.: 0002MECHM TxDOT Project No.: AP MEACE AM 3 The City of Fort Worth, Texas, 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 State determines may be useful. The City of Fort Worth, Texas (SPONSOR) � r (SIGNAT SSls' - A4 ► C'r a (TITLE (DATE) o'Fac iA, pEcopD Page 15 of 16 On, VY 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) y2ol N. Maih gT For-1 �aY/ i1 7 rrai7-Co��,7" a6 76/46 Check if there are workplaces on file that are not identified here. Signed: Dated: Kamm Gugiar'do , Assis+ztrt4- C1'N Mavlowf Title Typed Name and of Sponsor Representative Page 16 of 16 ATTACHMENT A 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 hereinafter 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 sea.' C. Federal Fair Labor Standards Act-29 U.S.C.201,et seq. d. Hatch Act-5 U.S.C. 1501,et seq. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601 e. 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 sea. 1. 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.' 1. 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 d-4. o. Age Discrimination Act of 1975-42 U.S.C.6101,et sea. P. American Indian Religious Freedom Act,P.L.95-341,as amended. q. Architectural Barriers Act of 1968-42 U.S.C.4151,et sea. r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.8373.' "se S. Contract Work Hours and Safety Standards Act-40 U.S.C.327,e .' t. Copeland Antikickback Act-18 U.S.C.874.' U. National Environmental Policy Act of 1969-42 U.S.C.4321e, t sea.' V. Wild and Scenic Rivers Act,P.L.90-542,as amended. W. Single Audit Act of 1984-31 U.S.C.7501,et sea.2 X. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706. I ,.n n n , aiqA��f r (7J)F1'.11 ?IEE Airport Assurances(9/99)State Modified(9/99) A-1 Executive Orders Executive Order 11246-Equal Employment Opportunity' Executive Order 11990-Protection of Wetlands Executive Order 11998—Flood Plain Management Executive Order 12372-Intergovernmental Review of Federal Programs. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898-Environmental Justice Federal Regulations a. 14 CFR Part 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.' 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.'� m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap 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 Part 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 applicants 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 of this 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. +yl� I PECRI D i�UU�,AAIL Ur i�.l"J Airport Assurances(9/99)State Modified(9/99) A-2 Ft 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 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. B. 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. 8. 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. 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 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. Ivol�iDl°� n Airport Assurances(9/99)State Modified(9/99) A-3 tr _ �. 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 Title 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. 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 thecost 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$2,000 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. 16. 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. 18. 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 furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. it will make such material available for examination by the public,and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. it will give the Secretary unrestricted authority to publish,disclose,distribute,and otherwise use any of the material prepared in connection with this grant. 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. ''e, Pdi �l�V US'ISIGJIt�@ Airport Assurances(9/99)State Modified(9/99) A-4 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- (1) Operating the airports aeronautical facilities whenever required; (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 which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. tt 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.tt 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 Nondiscriminatlon. 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 furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to- (1)furnish said services on a reasonable,and not unjustly discriminatory,basis to all users thereof, and (2)charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other similar types of price reductions to volume purchasers. C. Each fixed-based operator at the airport shall be subject to the same rates,fees,rentals,and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport(whether as a tenant,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. IND Airport Assurances(9/99)State Modified(9/99) A-5 F 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 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, tt will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection.No part of the Federal share of an airport development,airport planning or noise compatibility project for which a grant is made under Title 49,United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates,and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30,1987,will be expended by it for the capital or operating costs of the airport;the local airport system;or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property;or for noise mitigation purposes on or off the airport.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 operators 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 operators 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. 28. 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 government and the purposes for which each such payment was made;and (li) 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 Airport Assurances(9/99)State Modified(9/99) A-6 0 e a FV 91 IN h?I A 1 Odbo 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 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,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. 28. 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 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 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 t ur ose, such use having commenced no later than December 15, 1989. q" ' G DSOlrA PE"'EM Airport Assurances(9/99)State Modified(9/99) A-7 F o + , 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, constriction 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 IX 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 carry 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. 36. 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. 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). Kl VVY d.��i � Eli N. a Airport Assurances(9/99)State Modified(9/99) A-8 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on:7/1/99 The following apply to both AIP and PFC Projects NUMBER TITLE 70J7460-1J Obstruction Marking and Lighting 15015000-13 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 1 &2 Airport Winter Safety and Operations 15015200-33 Hazardous Wildlife Attractants On or Near Airports 15015210-5B Painting,Marking and Lighting of Vehicles Used on on Airport 150/5210-7B Aircraft Fire and Rescue Communk=Uons 15015210-13A Water Rescue Plans,Facilities,and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue&Firefighting Station Building Design 15015210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Drivers Enhanced Vision System(DEVS) 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10B Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 15015220-136 Runway Surface Condition Sensor Specification Guide 150/5220-18B 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 1 Airport Snow and Ice Control Equipment 150/5220-21A Guide Specification fon Lilts 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 150/5320-58 Airport Drainage 150/5320-6D Airport Pavement Design and Evaluation 15015320-12C 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 1 Runway Length Requirements for Airport Design 150/5340-1 G Standards for Airport Markings 150/5340-4C,CHG 1 &2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems 150/5340-58,CHG 1 Segmented Circle Airport Marker System 150/5340-14B,CHG 1&2 Economy Approach Lighting Aids 150/5340-17B Standby Power for Non-FAA Airport Lighting Systems 15015340-18C,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 1 Runway and Taxiway Edge Lighting System 150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems 150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-7D,CHG 1 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10E 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 150/5345-268,CHG 1 b 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(PAPI)Systems 150/5345-39B,CHG 1 FAA Specification L853,Runway and Taxiway Centerline Retrorefiective Markers 1501534542C,CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories 150/5345-43E Specification for Obstruction Lighting Equipment 150/5345-44F,CHG 1 Specification for Taxiway and Runway Signs 15015345-45A Lightweight Approach Light Structure 150/5345-46A Specification for Runway and Taxiway Light Fixtures 150/534547A Isolation Transformers for Airport Lighting Systems 150/5345-49A Specification L854,Radio Control Equipment 150/5345-50,CHG 1 Specification for Portable Runway Lights 150/5345-51,CHG 1 Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators(GVGI) 150/5345-53A,(including addendum) Airport Lighting Equipment Certification Program 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 15015360-12A Airport Signing 6 Graphics 150/5360-13,CHG 1 Planning and Design Guidance for Airport Terminal Facilities 150!5370-2C Operational Safety on Airports During Construction 1=5370.6B Construction Progress and Inspection Report-Alrport Grant Program 15015370-1OA 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 1._'53,'0-12 Quality Control of Construction for Airport Grant Projects 150/5390-2A Heliport Design __y) �r� �l�D 1506390-3 Vertiport Design I D auk 0� 1D ra hvm Airport Assurances(9/99)State Modified(9/99) A-9 V IJ C� Ely City of Fort Worth, Texas qV01yor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/16/00 **G-12917 I 55K 1 of 2 SUBJECT ACCEPTANCE OF TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR DESIGN AND CONSTRUCTION OF TAXIWAY "K" INTERSECTION AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT AND RELATED APPROPRIATION ORDINANCES RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept an Airport Project Participation Agreement grant from the Texas Department of Transportation (TxDOT) for $500,000.00 for the design and construction of Taxiway Kilo and Delta intersection at Fort Worth Meacham International Airport; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th Grants Fund by $555,556.00, subject to receipt of the grant; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Aviation Improvement Capital Project Fund by $55,556.00 from available funds; and 4. Authorize the transfer of funds in the amount of $55,556.00 from the Aviation Improvements Project Fund to the Grants Fund for the 10% match. DISCUSSION: Over the years, the intersection of taxiway Kilo and Delta has been damaged by the heavy use of large aircraft. It has deteriorated to the point that staff believes, and TxDOT engineers confirm, that it must be reconstructed. The Texas Department of Transportation receives federal funding assistance under the State Bloc Grant Program to allocate as grant assistance to state airports. Grant assistance will be for 90% of the eligible project costs. The maximum obligation of TxDOT payable under this program will be $500,000.00. The obligation of the City is 10% of the total eligible project cost, or $55,556.00. The Department of Engineering will design the project and solicit bids for construction. City of Fort Worth, Texas 4"ayar and Council Communication DATE REFERENCE NUMBERLOG NAME PAGE 5/16/00 **G-12917 55K 2 of 2 SUBJECT ACCEPTANCE OF TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR DESIGN AND CONSTRUCTION OF TAXIWAY "K" INTERSECTION AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT AND RELATED APPROPRIATION ORDINANCES FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinances and receipt of the grant, funds Will be available in the current operating budgets, as appropriated, of the Grants Fund and the Aviation Improvement Project Fund. RG:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY :)Mce by: (to) GR76 472024 055302646000 $ 55,556.00 M�/pROV E0 CITY tamon Guajardo 6140 GR76 451942 055302646000 $500,000.00 f O IVCIL 3riginating Department Head: GR76 539120 055302646010 $555,556.00 V 11 GC24 485200 013240439010 $ 55,556.00 MAY GC24 538070 013240439010 $ 55,556.00 .isa A.Pyles 5400 (from) s GC24 538070 013240439010 $ 55;556.00 r�` \dditional Information Contact: way fSFocretar of thq orf Te mis Elguezabal 5401 ly 9 q Adopt Ordinance Nd.• S AdOptcrd Ok&att��