HomeMy WebLinkAboutContract 33875 CITY SECRETARY � r
(1 CONTRACT NO.
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
August 11, 2006
Date of Offer
Fort Worth Alliance
Airport/Planning Area
3-48-0296-31-2006
Grant No
073170458
DUNS No
City of Fort Worth
TO: 1000 Throckmorton Street
Fort Worth, Texas 76102
(herein called the"Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the"FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 10, 2006, for a grant
of Federal funds for a project at or associated with the Fort Worth Alliance Airport, which Project
Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (or Planning Area) (herein called the "Project'.)
consisting of the following:
Conduct Noise Compatibility Plan Study (Customized Aircraft Profiles); Noise Mitigation
for Public Buildings (Testing and Analysis); Rehabilitate Airfield Lighting (REIL);
Rehabilitate Runway 16L/34R (Design Only); and Acquire Land for Development,
Donation,for credit as the complete local share, the donation of Parcel "H-2111.
all as more particularly described in the Project Application.
FAA Form 5100-37(10-89)-5100-38C 1 of 7
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification
of the representations and assurances contained in said Project Application 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
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing
the Project, 95 per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. The maximum obligation of the United States payable under this Offer shall be $517,860.00. For the
purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified
for this purpose:
$25,098 for planning
$492,762 for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. 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 Secretary 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.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms
hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the
assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project
unless this offer has been accepted by the Sponsor on or before *, or such subsequent date as may be
prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon
which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal
funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or
any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of
the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds
recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share or to any
settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final
positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved
in advance by the Secretary.
8. The United States 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.
9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements as required. It is
understood that failure to adhere to this provision may cause the letter of credit to be revoked.
10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during
the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the
FAA Form 5100-37(10-89)-5100-38C 2 Of 7
expected needs of the Sponsor by$25,000.00 or five percent (5%), whichever is greater, the maximum
obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget
change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may
increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed
the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood
and agreed that if, during the life of the project, the FAA determines that a change in the grant description is
advantageous and in the best interests of the United States, the change in grant description will be unilaterally
amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of
the United States is adjusted to the amount specified or the grant description is amended to the description
specified.
11. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: 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 C-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 with the provisions outlined below
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 preventive 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:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been
constructed, reconstructed, or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) 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.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to
detect unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years. The types of
distress, their locations, and remedial action, scheduled or performed, must be documented. The
minimum information to be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
d. 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.
e. 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
FAA Form 5100-37(10-89)-5100-38C 3 of 7
establishing an effective maintenance program. Specific types of distress, their probable causes,
inspection guidelines, and recommended methods of repair are presented.
12. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF$250,000: The Sponsor agrees to perform
the following:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail
the measures and procedures to be used to comply with the quality control provisions of the
construction contract, including, but not limited to, all quality control provisions and tests required by the
Federal specifications. The program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the
contract.
(2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on
the project, together with a description of the services to be provided.
(3) Procedures for determining that testing laboratories meet the requirements of the American Society
of Testing and Materials standards on laboratory evaluation, referenced in the contract
specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and frequency of tests
to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or
tolerances permitted for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily, and that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all
tests performed, highlighting those tests that failed or that did not meet the applicable test standard.
The report shall include the pay reductions applied and the reasons for accepting any out-of-tolerance
material. An interim test and quality control report shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall,
absent any compelling justification, result in a reduction in Federal participation for costs incurred in
connection with construction of the applicable pavement. Such reduction shall be at the discretion of
the FAA and will be based on the type or types of required tests not performed or not documented and
will be commensurate with the proportion of applicable pavement with respect to the total pavement
constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant
payments accordingly if such independent tests determine that sponsor test results are inaccurate.
13. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or
permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for airport development or noise compatibility for which funds are
provided under this grant. The Sponsor will include in every contract a provision implementing this special
condition.
14. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section
47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1
of this Grant Offer:
a. may not be increased for a planning project;
b. may be increased by not more than 15 percent for development projects;
c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total
increase in allowable costs attributable to the acquisition of land or interests in land, whichever is
greater, based on current credible appraisals or a court award in a condemnation proceeding.
FAA Form 5100-37(10-89)-5100-38C 4 of 7
15. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain and/or
acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones:
a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the
erection or creation of any structure or place of public assembly in the Runway Protection Zone,
except for NAVAIDS that are fixed by their functional purposes or any other structure approved by
the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or
discontinued unless approved by the FAA.
b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any
and all steps necessary to ensure that the owner of the land within the designated Runway
Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air
navigation or which might create glare or misleading lights or lead to the construction of residences,
fuel handling and storage facilities, smoke generating activities, or places of public assembly, such
as churches, schools, office buildings, shopping centers, and stadiums.
16. UPDATE APPROVED EXHIBIT "A" FOR LAND IN PROJECT: It is understood and agreed by and
between the parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon
the basis of the current Exhibit "A" Property Map, the Sponsor hereby covenants and agrees that upon
completion of the land acquisition in this project, it will update said Exhibit"A" Property Map to standards
satisfactory to the Federal Aviation Administration (FAA) and submit said documentation in final form to
the FAA. It is further mutually agreed that the reasonable cost of developing said Exhibit"A" Property
Map is an eligible administrative cost for participation within the scope of this project. --
17. AIR AND WATER QUALITY: Approval of the project included in this agreement is conditioned on the
Sponsor's compliance with applicable air and water quality standards in accomplishing project
construction. Failure to comply with this requirement may result in suspension, cancellation, or
termination of Federal assistance under this agreement.
FAA Form 5100-37(10-89)-5100-38C 5 of 7
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application 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 Act, constituting the contractual
obligations and rights of the United States 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 Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
I-I
J d,-�
(Signature)
J. Michael Nicely
(Typed Name)
Manager, Texas Airports Development Office
(Title) ------ --
FAA Form 5100-37(10-89)-5100-38C 6 of 7
PARTII - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the
terms and conditions in this Offer and in the Project Application.
Executed this Z� 27( day of r, G
1417TTIF �,v,,F N e of oJ
tXPIRE� i
(SEAL) (Signature of Sponsor's Designated Official
Representative)
By: Marc A. Ott
(Typed Name of Sponsor's Designated Official
Representative)
Title: Assistant City Manager
Attest: (Typed Title of Sponsor's Designated Official
Representative)
!b-Z)F
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Q(e5� agyy4A , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of
the State of J�e�,rG� Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said
Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at this day of a�(p
By
(Signature f Sponsor's Attorney)
Attested By: a
Contract Authorization
Zk2Many endrix Mc-"rd, 02�-,d-C)d6
City Secretary Date
FAA Form 5100-37(10-89)-5100-38C 7 of 7
OMB Approval No.0348-0043
APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier
FEDERAL ASSISTANCE
9.-TYPE OF 3. DATE RECEIVED BY STATE State Application Identifier
SUBMISSION:
Application Preapplication
® Construction ❑ Construction
4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
❑ Non-Construction ❑ Non-Construction
5. APPLICANT INFORMATION
Legal Name: Organizational Unit:
CITY OF FORT WORTH AVIATION DEPARTMENT
Address(give city,county,state,and zip code) Name and telephone number of the person to be contracted on matters involving
1000 THROCKMORTON STREET this application(give area code)
FORT WORTH,TEXAS 76102 MICHAEL FEELEY
DIRECTOR OF AIRPORT SYSTEMS
(817)871-5403
EMPLOYER IDENTIFICATION NUMBER(EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) C
_ A. State H. Interdependent School Districtof
11 E] 11 E] 1] 0 11 1.
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
8. TYPE OF APPLICATION: D. Township K. Indian Tribe
E. Interstate L. Individual
® New F. Intermunicipal M.Profit Organization
❑ Continuation ❑ Revision G. Special District
N. Other(Specify)
If Revision,enter appropriate letter(s)in box(es): ❑ ❑
A Increase Award B Decrease Award C Increase Duration
D Decrease Duration Other(specify)
9. NAME OF FEDERAL AGENCY
FEDERAL AVIATION ADMINISTRATION,SW REGION
FORT WORTH,TEXAS 76193-0650
10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
ASSISTANCE NUMBER PERFORM NOISE TESTING AND ANALYSIS;
TITLE: Airport Improvement 0ED0DEVELOP CUSTON AIRCRAFT PROFILES;
Program(AIP) CONSTRUCT POFZ IMPROVEMENTS; DESIGN AND
12. AREAS AFFECTED BY PROJECT(cities,counties,states,etc.): INSTALL ELEMENTS OF RUNWAY GUARD LIGHTS;
CITY OF FORT WORTH/NORTH TARRANT COUNTY DESIGN PAVEMENT REHAB; CREDIT AS THE
COMPLETE LOCAL SHARE FOR DONATION OF
PARCEL H-21
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF
Start Date Ending Date a. Applicant b. Project
7-01-05 7-01-06 TEXAS 6,12 TEXAS 12
15.ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS
a. Federal $ 517,860 .00 a. YES, THIS PREAPPLICATI ON/APPLI CATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
b. Applicant $ 27,255 .00
c. State $ .00 DATE:
d. Local $ .00 b. NO ® PROGRAM IS NOT COVERED BY E.O. 12372
e. Other $ .00
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
f. Program income $ .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL $ 545,115 •00 ❑ Yes If yes,attach an explanation ® No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS
AWARDED
a. Typed Name of Authorized Representative b. Title c. Telephone number
MARC OTT ASSISTANT CITY MANAGER 817 392-6122
d. Signature of Authorized Representati e. Date Signed
o-
Previous Editions Not Usable Standard Form 424 (REV 4-88)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.80-RO184
PART II
PROJECTAPPROVAL INFORMATION
SECTION A
Item 1
Does this assistance request require State, local, Name of Governing Body
regional,or other priority rating? Priority
❑Yes ®No
Item 2.
Does this assistance request require State, local Name of Agency or Board
advisory, educational or health clearances? (Attach Documentation)
❑Yes®No
Item 3
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
®Yes❑No
Item 4
Does this assistance request require State, local, Name of Approving Agency NCTCOG
regional or other planning approval? Date
®Yes FIND
Check One: State ❑
Item 5. Local ❑
Is the proposed project covered by an approved Regional ❑
comprehensive plan?
®Yes❑No Location of plan CITY OF FORT WORTH
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Federal Population benefiting from Project
❑Yes ®No
Item 7
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
❑Yes ®No Percent of Project
Item 8
Will the assistance requested have an impact or effect
on the environment?
❑Yes ®No
Number of:
Item 9. Individuals
Will the assistance requested cause the displacement of Families
individuals,families, businesses,or farms? Businesses
❑Yes ®No Farms
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
❑Yes ®No
FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.80-RO184
PART II-SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land
adjacent to or in the vicinity of the airport:
THE CITY OF FORT WORTH HAS ADOPTED ORDINANCE NO. 10121,DATED JUNE 2, 1988,ENTITLED FORT
WORTH ALLIANCE AIRPORT ZONING OVERLAY DISTRICT,RELATED TO HEIGHT AND LAND USE
ZONING.
2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency of the United
States Government relative to the development, operation, or maintenance of any airport, except as stated
herewith:
NONE
3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or
proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of
pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the
Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by
limiting its legal or financial ability or otherwise, except as follows:
NONE
4. Land. - (a) The sponsor holds the following property interest in the following areas of land*which are to be
developed or used as part of or in connection with the Airport subject to the following exceptions,
encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map
designated as Exhibit"A":
FEE SIMPLE TITLE TO PARCELS A-1 THRU A-9,3 THRU 7,9, 10,11A,11-(1),12, 12B,13, 14H,14(I), 16,17,18,19,
20, 27,28,30,31b,32A,32B,32C,33A,33B,39,H,AND H-1 THRU H-21,AND EASEMENTS,CLEARANCE LICENSE,
OR OTHER USE RESTRICTIONS TO PARCELS 8A, 8B, 11,11C,12A,14A,14C, 14C-1,14D, 14F,14L,14M, 140, 14R,
15,H-1A,H-1B,H-1C,H-2A,H-2B,AND H-3A.
*State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land
need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100(4-76) Page 3a
FAA AC 81-06913
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.80-RO184
PART II—SECTION C(Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interests.
(a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any
construction work under the Project, the following property interest in the following areas of land* on which
such construction work is to be performed, all of which areas are identified on the aforementioned property
map designated as Exhibit"A":
NONE
(c)The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all
construction work under the Project, the following property interest in the following areas of land* which are to
be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all
of which areas are identified on the aforementioned property map designated as Exhibit"A":
FEE SIMPLE TITLE TO PARCELS 34,35,36,37,AND 38
5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity
at any airport owned or controlled by the Sponsor except as follows:
NONE
*State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land
need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100(4-76) Page 3b
FAA AC 81-06913
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.80-RO184
PART III— BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No.. . . . . . . . . . . . . . .. . . .
2. Functional or Other Breakout.. . . . . . . . . . . . . . . . . . . . . . . . .. . . .
SECTION B - CALCULATION OF FEDERAL GRANT
Use only for revisions
Cost Classification Latest Approved Adjustment Total
Amount +or(-) Amount
Required
1. Administration Expense $ $ $
2. Preliminary Expense
3. Land,structures,right-of-way 27,255.00
4. Architectural engineering basic fees 80,000.00
5. Other architectural engineering fees
6. Project inspection fees 10 000.00
7. Land development r
8. Relocation Expenses
9. Relocation payments to individuals and businesses
10. Demolition and removal
11. Construction and project improvement 427,860.00
12. Equipment
13. Miscellaneous
14. Total(Lines 1 through 13) 545,115.00
15. Estimated Income(if applicable)
16. Net Project Amount(Line 14 minus 15) 545,115.00
17. Less:Ineligible Exclusions
18. Add:Contingencies
19. Total Project Amt.(Excluding Rehabilitation Grants) 545,115.00
20. Federal Share requested of Line 19 517,860.00
21. Add Rehabilitation Grants Requested(100 percent)
22. Total Federal grant requested(Lines 20&21) 517,860.00
23. Grantee share 27,255.00
24. Other shares
25. Total project(Lines 22,23,&24) 545,115.00
FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4
SECTION C - EXCLUSIONS
Classification Ineligible for Excluded from
Participation Contingency Provision
26 (�) (2)
a. $ $
b..
C.
d.
e.
f.
9• Totals
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share $ 27,255.00
a. Securities
b. Mortgages
c.Appropriations(By Applicant)
d. Bonds
e.Tax Levies
f. Non Cash
g .Other(Explain)
27,255.00
h .TOTAL—Grantee share 27,255.00
28. Other Shares
a.State
b. Other
c.Total Other Shares
29. TOTAL $ 27,255.00
SECTION E - REMARKS
GRANTEE SHARE IS PROVIDED THROUGH VALUE OF DONATED LAND
PART IV PROGRAM NARRATIVE
One of the purposes of this project is to implement recommendations from the airport's
FAR Part 150 Noise Study. This will include some noise testing as well as an analysis of
the test results. Because of the unique role of this airport in the DFW Airport System, it
is also desirable to develop custom profiles for the type of aircraft currently using the
airport and those forecast for future operations.
The last project at Alliance included design for Precision Obstacle Free Zones. This
project will include construction of the grading necessary to meet this new FAA safety
criteria.
The final element of this project will be the design necessary to rehabilitate the shoulders
for the primary runway, 16L-34R, for its entire length. The work was recommended in a
recent pavement condition survey.
As with all projects at Fort Worth Alliance Airport, the local share of funding will come
from the value of land donated for the project. The value of the land designated has been
approved by the FAA.
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
CITY OF FORT WORTH FORT WORTH ALLIANCE -31
- ._..._.__._....__._...._.._.__._.._._................--.... -._..---.....-- -......---.....—-- ---...-....._.__._...........................-..._...............
.
(Sponsor) (Airport) (Project Number)
PERFORM NOISE TESTING AND ANALYSIS; DEVELOP AIRCRAFT FROFILES; CONSTRUCT POFZ;
DESIGN AND INSTALL GUARD LIGHTS; DESIGN RUNWAY SHOULDER PAVEMENT REHAB. (work
Description)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). General standards for selection of consultant services
within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36.
Sponsors may use other qualifications-based procedures provided they are equivalent to specific
standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and
Planning Consultant Services for Airport Grant Projects.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for
this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor
from fully complying with all applicable statutory and administrative standard.
Yes No N/A
1. Solicitations were (will be) made to ensure fair and open ® ❑ ❑
competition from a wide area of interest.
2. For contracts over$100,000, consultants were (will be) selected
using competitive procedures based on qualifications, ® ❑ ❑
experience, and disadvantaged enterprise requirements with the
fees determined through negotiations.
3. A record of negotiations has been (will be) prepared reflecting
considerations involved in the establishment of fees, which are ® ❑ ❑
not significantly above the sponsor's independent cost estimate.
4. If engineering or other services are to be performed by sponsor
force account personnel, prior approval was (will be) obtained ❑ ❑
from the FAA.
5. The consultant services contracts clearly establish (will
establish)the scope of work and delineate the division of ® ❑ ❑
responsibilities between all parties engaged in carrying out
elements of the project.
6. Costs associated with work ineligible for AIP funding are (will
be) clearly identified and separated from eligible items in ® ❑ ❑
solicitations, contracts, and related project documents.
7. Mandatory contact provisions for grant-assisted contracts have ® ❑ ❑
been (will be) included in consultant services contracts.
8. The cost-plus-percentage-of-cost methods of contracting ® ❑ ❑
prohibited under Federal standards were not (will not be) used.
9. If the services being procured cover more than the single grant
project referenced in this certification, the scope of work was ❑ ❑
(will be) specifically described in the advertisement, and future
work will not be initiated beyond five years.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have prepared documentation attached hereto for any item marked "no"that is correct and complete.
CITY OF FORT WORTH
--._...-.............. ....__...... -- ------.........
---...._.._._ .._...—. _ ---..._...__._._....._.
ame of Spo sor
(Signature of Sponso s Designa -Official Rep tative)
MARC OTT
(Typed Name of Sponsor's Designated Oficial Representative)
ASSISTANT CITY MANAGER
(Typed Title of Sponsor's Designated Official Representative)
/a_o 6
(Date)
V 1
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
PROJECT PLANS AND SPECIFICATIONS
CITY OF FORT WORTH FORT WORTH ALLIANCE -31
. . . ..
_._._.....---.......__...__....__._...._--...__._...._......-..--_....-....----....
(Sponsor) (Airport) (Project Number)
PERFORM NOISE TESTING AND ANALYSIS; DEVELOP AIRCRAFT PROFILES; CONSTRUCT POFZ;
DESIGN AND INSTALL GUARD LIGHTS; DESIGN RUNWAY SHOULDER PAVEMENT REHAB.. (work
Description)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory
Circular(AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15,
Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport
Improvement Program Grant Assurance One--General Federal Requirements. A list of current advisory
circulars with specific standards for design or construction of airports as well as procurement/installation
of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in
the grant agreement.
Except for the certified items below marked not applicable (N/A); the list includes major requirements for
this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor
from fully complying with all applicable statutory and administrative standards.
Yes No N/A
1. The plans and specifications were (will be) prepared in
accordance with applicable Federal standards and
requirements, so no deviation or modification to standards set ® ❑ ❑
forth in the advisory circulars, or State standard, is necessary
other than those previously approved by the FAA.
2. Specifications for the procurement of equipment are not(will not
be) proprietary or written so as to restrict competition. At least ® ❑ ❑
two manufacturers can meet the specification.
3. The development included (to be included) in the plans is ® ❑ El
on the airport layout plan approved by the FAA.
4. Development that is ineligible for AIP funding has been (will be) ® ❑ El
from the plans and specifications.
5. The process control and acceptance tests required for the
project by standards contained in Advisory Circular 150/5370-10 ® ❑ ❑
are (will be) included in the project specifications.
6. If a value engineering clause is incorporated into the contract, E] ❑
concurrence was (will be) obtained from the FAA.
7. The plans and specifications incorporate (will incorporate)
applicable requirements and recommendations set forth in the ® ❑ ❑
Federally approved environmental finding.
Yes No N/A
8. For construction activities within or near aircraft operational
areas, the requirements contained in Advisory Circular
150/5370-2 have been (will be) discussed with the FAA as well ® ❑ ❑
as incorporated into the specifications, and a safety/phasing
plan has FAA's concurrence, if required.
9. The project was (will be) physically completed without Federal
participation in costs due to errors and omissions in the plans ® ❑ ❑
and specifications that were foreseeable at the time of project
design.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have prepared documentation attached hereto for any item marked "no" that is correct and complete.
CITY,0.17, FORT WORTH
(Name of po s�)
(Signature of Sponsor's D signated �ci Re esentative)
MARC OTT
--._._._......--......._.......__..._—.._.......-----................_..._......_......---.............._.—...............
-- ...--..._
(Typed Name of Sponsor's Designated Official Representative)
......-..-........._..................-.....-......- -...._........_.......--- ..._...—.......__..._...............--........._----
(Typed Title of Sponsor's Designated Official Representative)
ASSISTANT CITY MANAGER
(Date)
' r
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
REAL PROPERTY ACQUISITION
CITY OF FORT WORTH FORT WORTH ALLIANCE -31
--......._..._....----- .._.__._..._.....-..........--._._..._._._._._....... ...._.............._._...---......-_................--......_.........-....–—._....._._.....--
(Sponsor) (Airport) (Project Number)
PERFORM NOISE TESTING AND ANALLYSIS; DEVELOP AIRCRAFT PROFILES; CONSTRUCT
POFZ; DESIGN AND INSTALL GUARD LIGHTS; DESIGN RUNWAY SHOULDER PAVEMENT REHAB
(Work Description)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor
that it will comply with the statutory and administrative requirements in carrying out a project under the Airport
Improvement Program (AIP). General requirements on real property acquisition and relocation assistance are in
Title 49, Code of Federal Regulations (CFR), Part 24. The AIP project grant agreement contains specific
requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition Act of 1970
(Uniform Act), as amended.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1. The sponsor's attorney or other official has (will have) good and ® ❑ ❑
sufficient title as well as title evidence on property in the project.
2. If defects and/or encumbrances exist in the title that adversely
impact the sponsor's intended use of property in the project, they ® ❑ ❑
have been (will be)extinguished, modified, or subordinated.
3. If property for airport development is (will be) leased, the
following conditions have been met:
a. The term is for 20 years or the useful life of the project, ❑ ❑
b. The lessor is a public agency, and
C. The lease contains no provisions that prevent full compliance
with the grant agreement.
4. Property in the project is (will be) in conformance with
the current Exhibit A property map, which is based on deeds, ® El 1:1title opinions, land surveys, the approved airport layout plan, and
project documentation.
5. For any acquisition of property interest in noise sensitive approach
zones and related areas, property interest was (will be) obtained to ® ❑ ❑
ensure land is used for purposes compatible with noise levels
associated with operation of the airport.
6. For any acquisition of property interest in runway protection zones
and areas related to 14 CFR 77 surfaces, property interest was (will
be)obtained for the following:
a. The right of flight, ® ❑ ❑
b. The right of ingress and egress to remove obstructions, and
C. The right to restrict the establishment of future obstructions.
Yes No N/A
7. Appraisals prepared by qualified real estate appraisers hired by the
sponsor include (will include) the following:
a. Valuation data to estimate the current market value for the
property interest acquired on each parcel, and
b. Verification that an opportunity has been provided the property
owner or representative to accompany appraisers during inspections.
8. Each appraisal has been (will be) reviewed by a qualified review
appraiser to recommend an amount for the offer of just compensation, ® ❑
and the written appraisals as well as review appraisal are available to
FAA for review.
9. A written offer to acquire each parcel was (will be) presented to the
property owner for not less than the approved amount of just ® 0 El
compensation.
10. Effort was (will be) made to acquire each property through the
following negotiation procedures:
a. No coercive action to induce agreement, and ® 0 El
b. Supporting documents for settlements included in the project
files.
11. If a negotiated settlement is not reached, the following procedures
were (will be) used:
a. Condemnation initiated and a court deposit not less than the
just compensation made prior to possession of the property, and
b. Supporting documents for awards included in the project files.
12. If displacement of persons, businesses, farm operations, or non-
profit organizations is involved, a relocation assistance program was
(will be) established, with displaced parties receiving general
information on the program in writing, including relocation eligibility, and
a 90-day notice to vacate.
13. Relocation assistance services, comparable replacement housing,
and payment of necessary relocation expenses were (will be) provided
within a reasonable time period for each displaced occupant in
accordance with the Uniform Act.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
CITY F- ORT WORTH
-..__._.... ._ -._ ....._...._..- 0
of --...........__.._.-..----
ame S ns r
(Signature Sponsor's Designated Official Representative)
MARC OTT
_.-._...__...._._.._ -..—__._.._._........._.......- - -- _.._.._...._....._..._.__._.__._.._._.._.....-
(Typed Name of Sponsor's Designated Official Representative)
ASSISTANT CITY MANAGER
(Typed Title of Sponsor's Designated Official Representative)
-......_...._._._-....._......-
(Date)
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
DRUG-FREE WORKPLACE
CITY OF FORTWORTH FORT WORTH ALLIANCE -31
_._....._.....__._...._.___.__..._ _..__.._.---..---..__-- ----------.-.......--.--.--_ ___._._...__.._.__.....---._...__.._
(Sponsor) (Airport) (Project Number)
PERFORM NOISE TESTING AND ANALYSIS; DEVELOP AIRCRAFT PROFILES; CONSTRUCT POFZ;
DESIGN AND INSTALL GUARD LIGHTS; DESIGN RUNWAY SHOULDER PAVEMENT REHAB. (work
Description)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a
project under the Airport Improvement Program (AIP). General requirements on the drug-free
workplace within Federal grant programs are described in Title 49, Code of Federal Regulations,
Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug-free
workplace in accordance with the regulation. The AIP project grant agreement contains specific
assurances on the Drug-Free Workplace Act of 1988.
Except for the certified items below marked not applicable (N/A), the list includes major requirements
for this aspect of project implementation, although it is not comprehensive, nor does it relieve the
sponsor from fully complying with all applicable statutory and administrative standards.
Yes No N/A
1. A statement has been (will be) published notifying employees that
the unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the sponsor's workplace, and ® ❑ ❑
specifying the actions to be taken against employees for violation of
such prohibition.
2. An ongoing drug-free awareness program has been (will be)
established to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug-free workplace; ® ❑ ❑
C. Any available drug counseling, rehabilitation, and employee
assistance programs; and
d. The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
3. Each employee to be engaged in the performance of the work has
been (will be) given a copy of the statement required within item 1 ® ❑ ❑
above.
4. Employees have been (will be) notified in the statement required by
item 1 above that, as a condition employment under the grant, the
employee will:
a. Abide by the terms of the statement; and ® ❑ ❑
b. 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.
Yes No N/A
5. The FAA will be notified in writing within ten calendar days after
receiving notice under item 4b above from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title of the employee,
to the FAA. Notices shall include the project number of each affected
grant.
6. One of the following actions will be taken within 30 calendar days
of receiving a notice under item 4b above with respect to any employee
who is so convicted:
a. Take appropriate personnel action against such an employee,
up to and including termination, consistent with the requirements of the ® El
Act of 1973, as amended; or
b. Require 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.
7. A good faith effort will be made to continue to maintain a drug-free
workplace through implementation of items 1 through 6 above.
I have prepared documentation attached hereto with site(s)for performance of work (street address,
city, county, state, zip code). There are no such workplaces that are not identified in the attachment.
I have prepared additional documentation for any above items marked "no" and attached it hereto. I
certify that, for the project identified herein, responses to the forgoing items are accurate as marked
and attachments are correct and complete.
CITY OF FORT WORTH
(Name f Sp sor)
(Signature of Sponsor's as* naked Offic il-Representative)
MARC OTT
----..__.... _.._.._.._.__._.._...---.........- ---....._.._..._..--- - --..........
_..- -_
(Typed Name of Sponsor's Designated Official Representative)
ASSISTANT CITY MANAGER
(Typed Title of Sponsor's Designated Official Representative)
---.......---......._...--.........-.--.........—......
(Date)
STANDARD DOT TITLE VI ASSURANCES
THE CITY OF FORT WORTH, TEXAS(hereinafter referred to as the Sponsor) hereby agrees that as
a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it
will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.2000d et seg.) and all requirements
imposed by 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 (hereinafter referred to as the
"Regulations") to the end that no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity for which the applicant receives Federal financial
assistance and will immediately take any measures necessary to effectuate this agreement. Without
limiting the above general assurance, the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b))will be conducted or
operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and
the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility,the
assurance shall extend to the entire-facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an
interest in real property,the assurance shall extend to rights to space on, over, or under such property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant
running with the land,in any future deeds, leases,permits, licenses, and similar agreements entered
into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial
assistance under this project; and
(b) for the construction or use of or access to space on, over, or under real property acquired or
improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or is.in the form of
personal property or real property or interest therein or structures or improvements thereon,in which
case the assurance obligates the Sponsor or any transferee for the longer of the following periods:
(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.
7. It will provide for such methods of administration for the program as are found by the Secretary of
transportation of the official to whom he delegates specific authority to give reasonable guarantees that
it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the act,the Regulations, and this assurance.
8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter
arising under the Act,the Regulations, and this assurance.
THIS ASSURANCE is given ih consideration of and for the purpose of obtaining Federal financial
assistance for this Project and is binding on its contractors,the Sponsor, subcontractors, transferees,
successors in interest and other participants in the Project. The person or persons whose signatures
appear below are authorized to sign this assurance on behalf of the Sponsor.
DATED D 6
CITY OF FORT WORTH, TEXAS
(Sponsor)
(Signat re of Authorize fficial)
Marc A. Ott
Assistant City Manager
5
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 application by sponsors
requesting funds under the provisions of Title 49,U.S.C.,subtitle VII,as amended. As used
herein,the term"public agency sponsor"means a public agency with control of a public-use
airport;the term"private sponsor" means a private owner of a public-use airport; and the
term"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance.of 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
application,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),e"se
C. Federal Fair Labor Standards Act-29 U.S.C.201,et seq.
d. Hatch Act-5 U.S.C. 1501,et seg.z
Airport Assurances (3/2005)
6
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C.4601,et seg.1 z
f. National Historic Preservation Act of 1966-Section 106 - 16 U.S.C.
470(f).1
g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469
through 469c.1
h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et
seg.
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.1
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 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.I
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 seq.
t. Copeland Anti kickback Act- 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969-42 U.S.C.4321,et seg.1
V. Wild and Scenic Rivers Act,P.L.90-542,as amended.
W. Single Audit Act of 1984-31 U.S.C.7501,et seg.2
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 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 fmanced in whole or part by loans or grants from the United
States.I
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).1
g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal
Employment Opportunity,Department of Labor(Federal and federally
assisted contracting requirements).1
Airport Assurances (3/2005)
7
h. 49 CFR Part 18-Uniform administrative requirements for grants and
cooperative agreements to state and local govemments.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.1'-
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
I These laws do not apply to airport planning sponsors.
z 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 goveming body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative
of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for 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 .
Airport Assurances (3/2005)
� II
8
to file this application,including all understandings and assurances
contained therein;to act in connection with this application;and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure operation
and maintenance of items funded under 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.
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
application or,for a noise compatibility program project,that portion of
the property upon which Federal funds have been expended,for the
duration of the terms,conditions,and assurances in 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
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9
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 application)of public agencies that are authorized by the State
in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development
project under Title 49,United States Code, it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway,or a
major runway extension,it has afforded the opportunity for public hearings for the purpose
of considering the economic,social,and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by the community and it shall,when requested by the Secretary,submit a copy of the
transcript of such hearings to the Secretary. Further,for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. 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 application 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
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10
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport,as defined in Title 49, it has,on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under 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 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$2,000 for work on any
projects furtded 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
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I1
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 application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as
the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
C. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public,and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
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 application 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
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12
operate and maintain the airport and all facilities thereon or connected
therewith,with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary.
In furtherance of this assurance,the sponsor will have in effect
arrangements for-
(1)Operating the airport's aeronautical facilities whenever
required;
(2)Promptly marking and lighting hazards resulting from airport
conditions,including temporary conditions;and
(3)Promptly notifying 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. 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 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.
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13
C. Each fixed-based operator at the airport shall be subject to the same rates,
fees,rentals,and other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,non tenant,or
subtenant of another air carver tenant)shall be subject to such
nondiscriminatory and substantially comparable rules,regulations,
conditions,rates,fees, rentals,and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities,subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. _ It will not exercise or grant any right or privilege which operates to prevent
any person,firm,or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including,but not limited to maintenance,repair,and fueling]that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance,the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable,and not unjustly
discriminatory,conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type,kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing,or intending to provide,aeronautical services to the public. For purposes of this
paragraph,the providing of the 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,
Airport Assurances(3/2005)
! 3
14
aircraft sales and services,sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity,repair and maintenance of aircraft,sale of
aircraft parts,and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity,and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49,United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport,taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development,airport
planning or noise compatibility project for which a grant is made under Title 49,United States
Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport
and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates,and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987,will be expended by it for the capital or
operating costs of the airport;the local airport system;or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
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
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i G
15
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
(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
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.
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 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
Airport Assurances (3/2005)
16
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 airportor 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,including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes(other
than noise compatibility),it will,when the land is no longer needed for
airport purposes,dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States'share of the cost of acquisition of such land will,(1)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(2)be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
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17
C. Land shall be considered to be needed for airport purposes under this
assurance if(1)it may be needed for aeronautical purposes(including
runway protection zones)or serve as noise buffer land,and(2)the revenue
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987,will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987,was notified by the operator or owner of
the uses of such land,did not object to such use,and the land continues to
be used for that purpose,such use having commenced no later than
December 15, 1989.
d. Disposition of such land under(a)(b)or(c)will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. 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 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
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.
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 Part26.
The Recipient shall take all necessary and reasonable steps under.49 CFR Part 26 to ensure
Airport Assurances (3/2005)
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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).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft
agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's
expense,the airport owner or operator will grant to the aircraft owner for the hangar a long
term lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport(as
defined in section 47102 of title 49,U.S.C.)has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport,the airport owner
or operator shall transmit a report to the Secretary that-
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated;and
3. Provides a time frame within which,if any,the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request(s)in the six month
period prior to the applicable due date
Airport Assurances (3/2005)
uacea: i/i/u.-)
1. NUMBER _ r.71TLE =sarsr
70/7460-1 and Change 1 Obstruction Marking and Lighting
150/5000-13 Announcement of Availability—RTCA Inc.,Document RTCA-221,Guidance and Recommended Requirements for Airport Surface
nn� A o r Concnrc
150/5100-15A Civil Rights Requirements For The Airport Improvement Program
150/5070-6A Airport Master Plans
150/5190-5 and Change 1 Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities
150/5200-28B Notices to Airmen(NOTAMS)for Airport Operators
150/5210-513 Painting,Marking and Lighting of Vehicles Used on an Airport
150/5210-7C Aircraft Fire and Rescue Communications
150/5210-13B 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
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5210-19 Driver's Enhanced Vision System(DEVS)
150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighlinq Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Nonfederal Applications
150/5220-17A and Change 1 Desiqn Standards for Aircraft Rescue Firefighlinq Traininq Facilities
150/5220-18 Buildinqs for Storaqe and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-19 Guide Specification for Small.Dual-Agent Aircraft Rescue and Firefightinq Vehicles
150/5220-20 and Change 1 Airport Snow and Ice Control Equipment
150/5220-21B Guide Specification for Lifts Used to Board Airline Passenqers With Mobility Impairments
150/5220-22 and Change 1 Engineered Materials Arrestinq Svslems(EMAS)for Aircraft Overruns
150/5300-13 and Changes 1 through 8 Airport Desiqn
150/5300-14 and Changes 1 and 2 Desiqn of Aircraft Deicinq Facilities
150/5320-5B Airport Drainaqe
150/5320-6D and Changes 1 through 3 Airport Pavement Desiqn and Evaluation
150/5320-12C and Changes 1 through 6 Measurement,Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5320-15 and Change 1 Management of Airport Industrial Waste
150/5320-17 Airfield Pavement Surface Evaluation and Rating(PASER)Manuals
150/5325 4A and Change 1 Runway Length Requirements for Airport Design
150/5335-5 and Change 1 Standardized Method of Reporting Pavement Strenqth PCN
150/5340-1J Standards for Airport Markinqs
150/5340-513 and Change 1 Segmented Circle Airport Marker System
150/5340-18D Standards for Airport Sign Systems
150/5340-19 Taxiway Centedine Lighting System
150/5345-3E Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10E Specification for Constant Current Regulators Requlator 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 Lighlinq Circuits
150/5345-26C Specification for L823 Plug and Receptacle,Cable Connectors
150/5345-27D Specification for Wind Cone Assemblies
150/5345-28F Precision Approach Path Indicator(PAPI)Systems
150/5345-39B and Change 1 FAA Specification 1-853,Runway and Taxiway Centerline Retroreflective Markers
150/5345-42D Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories
150/5345-43E Specification for Obstruction Lighting Equipment
150/5345-44G Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Liqht Structure
— 1 —
Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L854,Radio Control Equipment
150/5345-50 and Change 1 Specification for Portable Runway Lights
150/5345-51 and Change I Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators(GVGI)
150/5345-53B Airport Lighting Equipment Certification Program
150/5346-54A and Change 1 Specification for L-1884 Power and Control Unit for Land and Hold Short
150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure
15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-11 Energy Conservation for Airport Buildings
150/5360-12D Airport Signing&Graphics
150/5360-13 and Change 1 Planninq and Desiqn Guidance for Airport Terminal Facilities
150/5370-2E Operational Safety an Airports During Construction
150/5370-108 Standards for Specifying Construction of Airports
150/5370-13 Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7 Pavement Management System
150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements
150/5390-2B Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
150/5200-30 Airport Winter Safety and Operations
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
15015370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 QualilV Control of Construction for Airport Grant Projects
150/5370-6 lConstruction Progress and Inspection Report-Airporl Grant Program
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
Dated: 7/1/05
TLE o
2: NUMBER Tj
150/5100-14C Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects
150/5100-15A Civil Rights Requirements For The Airport Improvement Program
150/5100-17 and Changes I through 4 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects
150/5190-5 and Change 1 Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities
150/5200-30A and Changes I through 8 Airport Winter Safety and Operations
150/5200-33A Hazardous Wildlife Attractants on or Near Airports
150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Airfield Pavement Surface Evaluation and Rating(PASER)Manuals
150/5360-11 Energy Conservation for Airport Buildings
150/5370-68 Construction Progress and Inspection Report—Airport Grant Program
150/5370-11A Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5370-13 Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7 Pavement Management System
150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Dated: 7/1/05
�.w
13.- '.NUMBER
TITLE _. k
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/28/2006 - Ordinance No. 16866-03-2006
DATE: Tuesday, March 28, 2006
LOG NAME: 55ARF VEHICLE REFERENCE NO.: **G-15134
SUBJECT:
Authorize Application for and Acceptance, if Awarded, a Grant from the Federal Aviation
Administration to Design and Construct Various Improvements, Conduct Noise Testing and
Analysis, and Purchase an Aircraft Rescue Firefighting Vehicle at Fort Worth Alliance Airport and
Adopt Appropriation Ordinance
RECOMMENDATION:It is recommended that the City Council authorize the City Manager to: dAtm
t
1. Apply for and accept, if awarded, a grant from the Federal Aviation Administration (FAA) in the amoun
�O�*
of$752,860 to design and construct various improvements, conduct noise testing and analysis, and
purchase an Aircraft Rescue Firefighting Vehicle (ARFF) at Fort Worth Alliance Airport; v4y
2. Authorize the use of land credits in the amount of $39,624.21 for the City's in-kind local match of 5% of
the project cost; and
3. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Airport Grants
Fund by $792,484.21 subject to receipt of the grant.
DISCUSSION:
Each year Fort Worth Alliance Airport is eligible to receive Airport Cargo Entitlement and Non-Primary
Airport money from the FAA. This is based on the amount of cargo activity from the previous calendar year
and discretionary dollars available in the airport improvement program. The total amount of entitlement and
non-primary airport money available to Alliance Airport this year is $752,860.00.
Upon receipt of a grant from the FAA, this Airport Cargo Entitlement and Non- Primary Airport Money will be
used for:
• design and installation of a dedicated circuit and regulator for runway guard lights;
• design of pavement rehabilitation (taxiway shoulders from taxiway "A" to taxiway "H");
• construction of a precision obstacle free zone (POFZ) on runway 34R;
• noise testing and analysis in conjunction with FAA Part 150 Study;
• purchase of Aircraft Rescue and Response Firefighting (ARFF) vehicle under phase II of a multi-year
grant.
Fort Worth Alliance Airport is located in COUNCIL DISTRICT 2.
Logname: 55ARF VEHICLE Page I of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant
award, and adoption of the attached appropriation ordinance, funds will be available in the current capital
budget, as appropriated, of the Airport Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 451856 055218087000 $752,860.00
GR14 488199 055218087000 $39,624.21
GR14 5(VARIOUS) 055218087010 $752,860.00
GR14 541110 055218087020 $39,624.21
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55ARF VEHICLE Page 2 of 2