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Contract 43623
U.S. Department of Transportation Federal Aviation Administration CITY SECRETARY 123 01z' CONTRACT NO. ... � GRANT AGREEMENT PART I - OFFER SElp I , z,-. I - r . ‘ . 1 # /2017 Date of Offer 3c48n0296=049a2012 Grant No 073170458 DUNS No D ORIGINAL Fort Worth Alliance Airpori Airport/Planning Area TO: City of Fort Worth (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 March 7, 2012, for a grant of Federal funds for a project at or associated with 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: Noise Land Acquisition A fee simple acquisition program with relocation assistance to purchase four (4) residential parcels of land located within the DNL 70+ db near as described in Section 9.4.1 of the Fort Worth Alliance Airport Noise Compatibility Program (NCP) dated June 2010. These parcels are depicted in Exhibit 10.1 and shown in more detail on Exhibits 9.7, 9.8 and 9.9 of the NCP. all as more particularly described in the Project Application. FAA Form 5100-37 (10-89)-5100-38C 1 of 9 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, 90% 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 $3,285,038.00. 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: $3,285,038.00 for noise program implementation. "The source of this Grant may include funding from the Small Airport Fund." 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. 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 September 26, 2012, 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. 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. CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIER REQUIREMENTS A. Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) Numbers FAA Form 5100-37 (10-89)-5100-38C 2of9 If you are authorized to make sub -awards under this award, you 1. Must notify potential sub recipients that no entity (see definition in paragraph C of this award term) may receive) a sub -award from you unless the entity has provided its DUNS number to you. 2. May not make a sub -award to an entity unless the entity has provided its DUNS number to you. C. Definitions For purposes of this award term: 1. Central Contractor Registration (CCR means the Federal repository into which an entity must provide information required for the conduct of business as a recipient Additional information about registration procedures may be found at the CCR Internet site (currently at htto://www.ccr.caov). 2. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866- 705-5711) or the Internet (currently at http://fedgov.dnb.com/webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for -profit organization; and e. A Federal agency, but only as a sub -recipient under an award or sub -award to a non -Federal entity. 4. Sub -award. a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible sub - recipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations'). A sub -award may be provided through any legal agreement, including an agreement that you consider a contract. 5. Sub -recipient means an entity that: a. Receives a sub -award from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the sub -award c. A sub -award may be provided through any legal agreement, including an agreement that you consider a contract. 10. 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. 11. 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 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. FM Form 5100-37 (10-89)-5100-38C 3 of 9 12. 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. 13. 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. 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 establishing an effective maintenance program. Specific types of distress their probable causes, inspection guidelines, and recommended methods of repair are presented. FAA Form 5100-37 (10-89)-5100-38C 4 of 9 14. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to perform the following: 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. 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. 15. 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. 16. 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. SPECIAL GRANT CONDITIONS 17. AIRPORTS GEOGRAPHIC INFORMATION SYSTEM:. Airports GIS requirements, as specified in Advisory Circular 150/5300-18, apply to the project included in this grant offer. Final construction as -built information or planning deliverables must be collected according to these specifications and submitted to the FAA. The submittal must be reviewed and accepted by the FAA before the grant can be administratively closed. 18. REVENUE FROM REAL PROPERTY - LAND IN PROJECT: The Sponsor agrees that all net revenues produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, FAA Form 5100-37 (10-89)-5100-38C 5 of 9 development, or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use be used only to fund projects which would be eligible for grants under the Act Income from noise or future use property may not be used for the Sponsor s matching share of any airport grant Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. 19. NOISE PROJECTS ON PRIVATELY OWNED PROPERTY: No payment shall be made under the terms of this Grant Agreement for work accomplished on privately owned land until the Sponsor submits the agreement with the owner of the property required by Assurance 5d of the Assurances, Airport Sponsors, and such agreement is determined to be satisfactory. As a minimum, the agreement with the private owner must contain the following provisions: a. The property owner shall subject the construction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion of the measures as they may reasonably be requested by the Secretary or the Sponsor. b. The property owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Grant Agreement. Neither the Federal Aviation Administration nor the Sponsor bears any responsibility for the maintenance and operation of these items. c. If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of the private property, or the owner's agent the property owner shall agree to maintain and make available to the Secretary or the Sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition of those funds. d. The property owner's right to sue the owner of Fort Worth Alliance Airport for adverse noise impacts will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise compatibility measures during the useful life of such measures. This obligation shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed 20 years from the date of the Sponsor's acceptance of federal aid for the project. 20. 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 21. GRANTS ISSUED ON ESTIMATES: It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based on estimates for noise land acquistion; and the parties hereby covenant and agree that within 120 days from the date of acceptance of this Grant Offer, the Sponsor shall receive bids for acquisition offers contained within the grant description. 22. PRIVATE SPONSOR AUDITS: The Sponsor shall provide for an audit of this grant project to be made at the completion of the grant objective in accordance with accepted standard audit practices. Copies of the audit will be sent to the Department of Transportation Office of Inspector General designated by the Federal Aviation Administration office responsible for administering the grant NOISE GRANT SPECIAL CONDITIONS: 23. ANNUAL NOISE REPORT: As a condition of this Airport Improvement Program (AIP) grant, the sponsor agrees to provide to the Federal Aviation Administration (FAA), an annual report of funds expended and actions associated with this grant. The report shall be due to the FAA within 90 days following the end of each Federal fiscal year the grant remains open. The report shall provide the following information: a. Total noise grant funds expended during the fiscal year. b. Amount of funds expended by Program Element(s) as identified in the sponsor's Noise Compatibility Program (NCP). Number of parcels mitigated by DNL contour and Program Element as identified in the sponsor's NCP. Total number of people impacted by the sponsor s NCP (by DNL contour) and total number of people mitigated during the fiscal year by DNL contour and Program Element as identified in the sponsor's NCP. c. FAA Form 5100-37 (10-89)-5100-38C 6 of 9 e. A graphic (map) depicting DNL contours and the location of mitigation action as defined by the Program Element(s) of the sponsor's NCP. f. ;A written plan outlining actions being planned for the next year based on the sponsor's priorities and the NCP. USE ONLY FOR NOISE LAND ACQUISITION PROJECTS 24. ACQUISITION OF NOISE LAND: The Sponsor hereby agrees that upon completion of the land acquisition in this project, it will prepare a Noise Land Inventory Map and Reuse Plan 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 Noise Land Inventory Map and Disposal Plan is an eligible administrative cost for participation within the scope of this project FAA Form 5100-37 (10-89)-5100-38C 7 of 9 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. FAA Form 5100-37 (10-89)-5100-38C UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION c (Signature) D. Cameron Cryan (typed Name) Manager, Planning and Programming Branch (Title) 8of9 PART II ci 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 i this Offer and i the Project Application. Executed this a day of � Q-)0.4— . iolifisiss %%At-AiY P/ 4% -.. IsLOtei -• s (SEAL) Attest: 1 1 • i.._ t 1 EVONIA DANIELS MY COMMISSION (EXPIRES July 10, 2013 • By: Title: 041c ivestP1OviaGh (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) 140 et:54--4 (Typed Name of Sponsor's Designated Official Representative) 5564,04 0/ r/t/ ,AvvAcr(A (typed Title of Sponsor's Designated Official Representative) CE .TIFICATF of SPONSOR'S ATTORNEY hrtrieiia 6 ee 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 % a-5 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 &cas\,TVthis tie day of , bez---- , PC/ 4?- A/1 (,000Q 0 Dos 00 a I By oo oyo 0 Ui o � Al-tnp tJ0000QC� 9 ottv.,447 itattzne- e ofebsidict Contract Authors zatic IDat'.e FAA Form 5100-37 (10-89)-5100-38C 1,Q 1 )7,./ (Signature of Sponsor's Attorney) cl t,G-1(.1:41 , i jf( II l{ t-1],,; 1.,,` 9of9 ASSURANCES Airport Sponsors General. 1. These assurances shall be comphed with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor' means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful hfe 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 regardmg 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 precedmg paragraph 1 also applies to a private sponsor except that the useful life of project items mstalled 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 m this 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 this 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: Airport Sponsor Assurances (4/2012) 1 of 17 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 mcluding but not limited to the following• Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. 1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1 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 seq., i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.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.) 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.1 t. Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental Pohcy Act of 1969 - 42 U.S.C. 4321, et seq.1 v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Smgle Audit Act of 1984 - 31 U.S.C. 7501, et seq.? x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity) Executive Order 11990 - Protection of 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 Airport Sponsor Assurances (4/2012) 2 of 17 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.1 e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed m whole or part by loans or grants from the United States.1 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 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Busmess Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs! 2 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 (nonprocurement) 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 Prmciples Applicable to Grants and Contracts with State and Local Governments. b. A-133 - Audits of States, Local Governments, and Non -Profit Organizations 1 These laws do not apply to airport planning sponsors. Airport Sponsor Assurances (4/2012) 3 of 17 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to fmance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contamed therem; 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 mamtenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or Airport Sponsor Assurances (4/2012) 4 of 17 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 mterests m 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 m this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations the sponsor shall insert m the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to msure that the airport will be operated and maintamed in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results m permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in Airport Sponsor Assurances (4/2012) 5 of 17 permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. 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 m which the project is located to certify m 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 withm 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 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 m Title 49, it has, on the date of Airport Sponsor Assurances (4/2012) 6 of 17 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 this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other fmancial 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 exammation, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, 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 m all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to msure that, m the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code However, this preference shall apply only where the mdividuals 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 Airport Sponsor Assurances (4/2012) 7 of 17 commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be mcorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and mcorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary 18. Planning Projects. In carrying out planning projects: a. It will execute the project m 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 m all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared m 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 Airport Sponsor Assurances (4/2012) 8 of 17 and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary In furtherance of this assurance, the sponsor will have in effect arrangements for- 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying 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 requirmg 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 termmal 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 discrumnation 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 Airport Sponsor Assurances (4/2012) 9 of 17 furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performmg 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. 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. Airport Sponsor Assurances (4/2012) 10 of 17 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 includmg, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaming 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 m the rate basis in estabhshmg fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987 will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's fmancing, provide for the use of the revenues from any of the airport owner or operator's facilities, mcludmg the airport, to support not only the airport but also the Airport Sponsor Assurances (4/2012) 11 of 17 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. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concernmg, 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, Umted States Code and any other applicable provision of law, mcluding 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 fmancial and operations reports as the Secretary may reasonably request and make such reports available to the public, make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relatmg to the project and continued compliance with the terms, Airport Sponsor Assurances (4/2012) 12 of 17 conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government 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 m 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 buildmgs, hangars Airport Sponsor Assurances (4/2012) 13 of 17 and roads), including all proposed extensions and reductions of existing airport facilities; (3) the location of all existmg and proposed nonaviation areas and of all existmg improvements thereon; and (4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not m conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will 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 durmg which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose mvolvmg the provision of similar services or benefits, or (b) the period durmg 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, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another Airport Sponsor Assurances (4/2012) 14 of 17 project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descendmg order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant fundmg under Section 47117(e) of title 49 United States Code, (3) reinvestment m an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit m the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) remvestment m an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment m an approved airport development project that is eligible for grant fundmg under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (mcludmg 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 havmg commenced no later than December 15, 1989. Airport Sponsor Assurances (4/2012) 15 of 17 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 engineermg 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 supphers 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 m the Current FAA Advisory Circulars for AIP projects, dated January 25, 2012 and mcluded 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 Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation Airport Sponsor Assurances (4/2012) 16 of 17 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 m 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 Sponsor Assurances (4/2012) 17 of 17 FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 1/25/2012 View the most current versions of these ACs and any associated changes at: htto://www.faa.aov/airports/resources/advisory circulars 70/7460-1 K 150/5000-13A 150/5020-1 150/5070-6B Change 1 150/5070-7 150/5100-13B 150/5200-28D 150/5200-30C 150/5200-33B 150/5210-5D 150/5210-7D 150/5210-13C 150/5210-14 B 150/5210-15A 150/5210-18A Obstruction Marking and Lighting Announcement of Availability—RTCA Inc , Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors Noise Control and Compatibility Planning for Airports Airport Master Plans The Airport System Planning Process Development of State Standards for Non Primary Airports Notices to Airmen (NOTAMS) for Airport Operators Airport Winter Safety and Operations Hazardous Wildlife Attractants On or Near Airports Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Rescue and Fire Fighting Communications Airport Water Rescue Plans and Equipment Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 1 of 5 150/5210-19A 150/5220-10E 150/5220-16D 150/5220-17B 150/5220-18A 150/5220-20 Change 1 150/5220-21 B 150/5220-22A 150/5220-23 150/5220-24 150/5300-7B 150/5300-13 Changes 1 - 18 150/5300-14B 150/5300-16A 150/5300-17C 150/5300-18B 150/5320-5C Change 1 150/5320-6E 150/5320-12C Change 8 150/5320-15A Driver's Enhanced Vision System (DEVS) Guide Specification for Aircraft Rescue and Firefighting Vehicles Automated Weather Observing Systems for Non -Federal Applications Aircraft Rescue and Firefighting (ARFF) Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Engineered Materials Arresting System (EMAS) for Aircraft Overruns Frangible Connections Foreign Object Debris Detection Equipment FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes Airport Design Design of Aircraft Deicing Facilities General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey General Guidance and Specifications for Submission of Aeronautical Surveys to NGS Field Data Collection and Geographic Information System (GIS) Standards Surface Drainage Design Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Management of Airport Industrial Waste FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 2 of 5 150/5325-4B 150/5335-5B 150/5340-1 K 150/5340-5C 150/5340-18F 150/5340-30F 150/5345-3G 150/5345-5B 150/5345-7E 150/5345-1 OG 150/5345-12F 150/5345-13B 150/5345-26D 150/5345-27D 150/5345-28G 150/5345-39D 150/5345-42F 150/5345-43F 150/5345-44J 150/5345-45C 150/5345-46D 150/5345-47C 150/5345-49C Runway Length Requirements for Airport Design Standardized Method of Reporting Airport Pavement Strength PCN Standards for Airport Markings Segmented Circle Airport Marker System Standards for Airport Sign Systems Design and Installation Details for Airport Visual Aids Specification for L821 Panels for the Control of Airport Lighting Circuit Selector Switch S pecification for L824 Underground Electrical Cable for Airport Lighting Circuits S pecification for Constant Current Regulators Regulator Monitors S pecification for Airport and Heliport Beacon Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits S pecification for L823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Retroreflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Low -Impact Resistant (LIR) Structures S pecification for Runway and Taxiway Light Fixtures S pecifications for Series to Series Isolation Transformers for Airport Lighting System Specification L854, Radio Control Equipment FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 3 of 5 150/5345-50B 150/5345-51 B 150/5345-52A 150/5345-53C 150/5345-54B 150/5345-55A 150/5345-56B 150/5360-9 150/5360-12E 150/5360-13 Change 1 150/5360-14 150/5370-2F 150/5370-10F 150/5370-11 B 150/5380-66 150/5390-2B 150/5395-1 S pecification for Portable Runway and Taxiway Lights Specification for Discharge -Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighting Equipment Certification Program S pecification for L-1884, Power and Control Unit for Land and Hold Short S pecification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure S pecification for L-890 Airport Lighting Control and Monitoring System (ALCMS) Planning and Design of Airport Terminal Facilities at Non -Hub Locations Airport Signing and Graphics P lanning and Design Guidance for Airport Terminal Facilities Access to Airports By Individuals With Disabilities Operational Safety on Airports During Construction Standards for Specifying Construction of Airports U se of Nondestructive Testing Devices in the Evaluation of Airport Pavement Guidelines and Procedures for Maintenance of Airport Pavements Heliport Design Seaplane Bases FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 4 of 5 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 1/25/2012 150/5100-14D 150/5100-15A 150/5100-17 Changes 1 - 6 150/5200-37 150/5300-15A 150/5320-17 150/5370-6D Changes 1 - 4 150/5370-12A 150/5370-13A 150/5380-7A Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Civil Rights Requirements for the Airport Improvement Program Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Introduction to Safety Management Systems (SMS) for Airport Operators Use of Value Engineering for Engineering Design of Airports Grant Projects Airfield Pavement Surface Evaluation and Rating (PASER) Manuals Construction Progress and Inspection Report — Airport Grant Program Quality Control of Construction for Airport Grant Projects Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt Airport Pavement Management Program THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 1/25/2012 150/5000-12 Announcement of Availability — Passenger Facility Charge (PFC) Application (FAA Form 5500-1) FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 5 of 5 JACOBS r. AFW Grant Application 0 II 1- I 1 • /r • 1f FORT WuRTH ETJ. - - - - - - - ------ RAILROAD RELOCATION ivtAINLINE IMPROVEMENTS II i I 1-- — 1 1 1 1 1 1 LANDAC 1 I - I :_= Fs PROJ 1 1 1 1 I . • ------ — --- . — dm. --— - — --J'- * Vi ' _ DENTON DOUNi`Y TAR MT Cc LINTY FO'TT »i1R7H ET.I. f It at - 1 1 1 • - • .- 4... a;s' 170 1 1 • • 1 i JC • 1 I1 rr i • I. I ''. ' , •4` 1 1 \\\ 1 1 1 II t , II `, I Pc.\ • 1 1 r I I avow 1 0Yc{r it :4 AN-T- N ALLIANCE :DITTItLfOCIAL; FACILITY , l�. Iuv'ESTAI T. LP. R �e 1 • E A!RFD FIT - - - - PROFERTY Uft 11 Wscr HASI.tt ETJ.' U —s 02 _CITY & rAT ..t, PIN - _ In v strut • I� \ ` , 1 1 •~ 1 RAIILR ICONN 1 -�1 I - I N.,5 r INYESTICT. LP. • • - was • • ti • ll et skert • 1 • FORT MOTT/1 LTA / • j. fin-1nm r. '4%64 hilges1 Tigikett J. • if • le • • • t • • • • • • • SIN PETERSON CON NEeroR awismiates/ ctititsA ,rot WWI caR po Mt FirAikh arrISS • -rit_.7.1:74 dais • • • • 90. .41 • 1,‘ linef • / kl 4 FEDERAL AVIATION ADMINISTRATION AIP GRANT APPLICATION 'Application for Federal Assistance SF-424 * 1. Type of Submission * 2. Type of Application Preapplication ril A• pplication n C• hanged/Corrected Application * 3. Date Received: 5a. Federal Entity Identifier: n New (✓� Continuation n Revision 4. Application Identifier. 3-48-0296- -2012 * 5b. Federal Award Identifier: OMB Number: 4040-0004 Expiration Date: 03/31/2012 * If Revision, select appropriate Ietter(s): N oise Mitigation Simple Acquisitions State Use Only: 6. Date Received by State: 8. APPLICANT INFORMATION * a. Legal Name. City of Fort Worth * b. Employer/Taxpayer Identification Number (EIN/TIN): 17-5005286 d Address: * Streets: 4201 N Main Street Street 2• Suite 200 * City: Fort Worth County: Tarrant * State: Texas Province: Country: USA e. Organizational Unit: Department Name. Aviation * Other (Specify) N oise Mitigation Simple Acquisitions 7. State Application Identifier: *c. Organizational DUNS: 073170458 *Zip/ Postal Code: 76106 Division Name. Fort Worth Alliance Airport f. Name and contact information of person to be contacted on maters involving this application: Prefix: Mr. First Name. Timothy Middle Name. * Last Name. Suffix: Title: Manager of Fort Worth Airport Organizational Affiliation: President of Alliance Air Services D. Ward * Telephone Number: 817-890-1000 x Email Tim.Ward(&Hillwood.com Fax Number: 817-430-2875 OMB Number. 4040-0004 Expiration Date: 03/31/2012 'Application far Federal Assistance SF-424 3. Type of Applicant 1: Select Applicant Type C. City or Township Government Type of Applicant 2: Select Applicant Type: - Select One - Type of Applicant 3: Select Applicant Type: - Select One - * Other (specify): * 10. Name of Federal Age icy: Federal Aviation Administration, SW Region, Fort Worth, Texas 76193-0650 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program 12. Funding Opportunity Number: Title: 3-48-0296- -2012 Implement Noise Program, Land Acquisition 13. Competition Identification Number: Title: 14. Areas A.tfecteci by Project (Cites, Counties, States, etc.): City of Fort Worth/ North Tarrant County / Denton County Districts 6 and 12 * 15. Descriptive Title of Applicant's Project: Implement Noise Program Land Acquisition. Credit as the complete and Local Share for the Donation of Land, Parcel AIL 5E, 4 and 3-1. Attach supporting documents as specified in agency instructions. i [Application for Federal Assistance SF 424 16. Congressional Districts Of: TX-006, TX-012 * a. Applicant * b. Program/Project: Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: Implement Noise Program - Acquire Land * a. Start Date: 4/ i 1 /2012 * b. End Date: 12/9/16 18. Estrrnate l Fundfng ($): *a. Federal 53,285,038.00 * b. Applicant $365,005.00 *c. State *d. Local *e. Other *f. Program Income *g. TOTAL S3.650,043.00 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? OMB Number: 4040-0004 Expiration Date: 03/31/2012 a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E O. 12372 but has not been selected by the State for review. c. Program is not covered by E O. 12372. *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) Yes ✓ No 1. *By signing this application, i certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal. civil, or administrative penalties. (U.S. Code, Title 218, Section 1001). **I AGREE ** The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Fernando Middle Narne: *Last Name: Costa Suffix: *Title: Assistant City Manager *Telephone Number: 817._?,92_6�i 22 Fax Number: 817-392-6134 *Email: *Signature of Authorized Representative: APPROVED AS TO FORM AND LEGALITY: Ok 7 CITY ATTORNEY Date Signed: ,3til/,Z OMB Number: 4040-0004 Expiration Date: 03/31/2012 lApplicationfor Federal Assistance SF-424 *Applicant Federal Debt Delinquency Explanation (he following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4 000. Try and avoid extra spaces and carriage returns to maximize the availability of space. APPLICA��. `; ON FOR FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: Application El Construction ■ Construction 1 Non-ConstrucThn C1 Non -Construction J. APPLICANT INFORMATION Legal Name: CITY OF FORT WORTH Organizational DU!','S- Address: Street: 4201 W Main Street Suite 200 City: FORT WORTH County: TARRANT State: TX Country : UNITED STATES 6. EMPLOYER IDENTIFICATION NUMBER E/N;: Preapplication 1 7 CI 8. TYPE OF APPLICATION. 0 5 2 8 I'A New [ J Continuation If Revision, enter appropriate letter(s) in box(es): (See back of form for description of letters) Other (specify) 11 Zip Code: 76106 2. DATE SUBMITTED 3/2/20 1 2 Applicant Identifier 3. DATE RECEIVED BY STATE 1 State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Revision 10. CATAL rD ' DF FEDERAL DOMESTIC ASSISTANCE NUMBER 2 0 1 0 TITLE: AIRPORT 'MPRO'/EMENT PROGRAM 12. AREAS AFFECTED BY PROJECT (cities. counties. states, etc.): CITY OF FORT WORTH / NORTH TARRANT COUNTY 13. PROPOSED PROJECT 3,act Date Ending Date 411/201 1 12/9/2016 15. ESTIMATE:C.) FUNDING a. Federal b. Applicant c. State d. Local e. Other f. Program g. TOTAL s i s 3,285,038. 365005 .UU .uu .uu .uu .uu .UU .uu 6 Federal Identifier Organizational Unit: AVIATION DEPARTMENT Department: Division: N ame and telephone number of person to be contacted on matters involving this application (give area code) P -efix: MR. First Name: TIMOTHY Middle Name: D. Last Name: WARD S uffix: Email: TIM.WARD@HILLWOOD.COM P hone number (give area code): 817-890-1000 FAX number (give area code): 817430-2875 7. TYPE OF APPLICANT: (See back of form for Application Types) C Other (specify) 9. NAME OF FEDERAL AGENCY ERAL AVIATION ADMINISTRATION, SW REGION, FORT WORTH, TEXAS 76193-0650 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: h-nplerentation of a Noise Mitigation Program, for the Acquisition of Parcels. Credit as the complete and Local Share for the Donation of Land, Parcel (AIL SE, 4 and 34) 1.4. CONGRESSIONAL DISTRICTS OF a. Applicant b. Project TEXAS 6,12 TEXAS 12 1S APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. G THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. PROGRAM IS NOT COVERED BY E. O. 12372 1J OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 17 IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? [Des If 'Yes" attach an explanation /4 No 18. TO T( e , t3�= ; s ;'�� ! I`;' KNOWLEDGE AND BELIEF, ALL DATA IN THIS A'P .ICA T IaN/PREAPPLICATION 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 aFHE ASSISTANCE IS AWARDED. a. Authorized Represen :ative Prefix MR. .ast Name COSTA b. Title i :. 3t':._ CITY MANAGER First Name F ERNdtill JlO d. Signature c,f Atithc'izc d Representati�, Middle Name Suffix c. Telephone number (give area code) 817-392-6122 e. Date Signed siilar DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 11/30/2007 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Name of Governing Body Does this assistance request require State, local, regional, or other priority rating? Yes X No Priority Item 2 Name of Agency or Board Does this assistance request require State, local advisory, educational or health clearances? LjYes © No (Attach Documentation) Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Item 4. Does this assistance request require State, local, regional, or other planning approval? X Yes n No Jc1YesD No Item 5. Is the proposed project covered by an approved comprehensive plan? UYes xi No Name of Approving Agency NCTCOG Date / / Check One: State ❑ Local Regional Location of plan ■ Item 6. Name of Federal Installation Will the assistance requested serve a Federal installation? Item 7. Will the assistance requested be on Federal land or installation? Yes n No DYes © No Federal Population benefiting from Project Name of Federal Installation Location of Federal Land Percent of Project Item 8. See instructions for additional information to be Will the assistance requested have an impact or effect on the environment? Yes ©No Item 9. Will the assistance requested cause the displacement of individuals families businesses, or farms? X Yes ❑ No provided. Number of: Individuals Families Businesses Farms Item 10. See instructions for additional information to be provided. Is there other related Federal assistance on this project previous pending, or anticipated? Yes X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-100 (9-03) Page 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 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 ADPOPTED ORDINANCE NO. 10121, DATED JUNE 2, 1988, ENTITLED FORT WORTH ALLIANCE AIRPORT ZONING OVERLAY, 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. 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. YES 5. Consideration of Local Interest. - It has given fair consideration to the interest of communities in or near where the project may be located. YES 6. 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. YES 7. 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 YES 8. Air and Water Quality Standards. - In projects involving airport location, a major runway extension, or runway locafon 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 and 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. FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a .DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II - SECTION C (CONTINUED) 9. 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 10. 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, 12, 14H, 14(1), 16, 17, 18, 19, 20, 27, 28, 30, 30A, 31A 31 B, 32A, 32B, 32C, 33A, 33B 34, 35, 36, 37 38, 39, H AND H-1 THRU H-28 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, H-3A, AIL 50 AIL 5B AND (this Grant Application AIL 5E 4 and 3-1). 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. (b) 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 *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 Fom 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100(4-76) Page 3b BUDGET INFORMATION DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. 20-106 Functional or Other Breakout SECTION B - CALCULATION OF FEDERAL GRANT Use only for revisions COST CLASSIFICATION 1. Administration expense 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural er,ginee:ing fens 6. Project inspection fees 7. Land developmcllt 8. Relocation expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 20. Federal Share requested of Line 19 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 23. Grantee share 24. Other shares 25. Total project (Lines 22, 23, & 24) Latest Approved amount Total Amount Adjustment + or Required (-) $ $ 80,000.00 $ 3,079,038.00 365,005.00 102,000.00 24, 000.00 3,650,043.00 3,650,043.00 3,650,043.00 3, 285, 038.00 $3,650,043.00 FM Form o 100-100 (9-33) SUPERSEDES FAA FORM 5100-100 (6-73) Page 4 DONATED LAND DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 26. Classification b. c. d. e. f. 9- SECTION C - EXCLUSIONS Ineligible for Participation (1) Totals Excluded from Contingency Provision (2) SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h Total — Grantee Share 28. Other Shares State Other c. Total Other Shares 29. TOTAL b. SECTION E - REMARKS $ 365,005.00 365,005.00 $ 365,005.00 GRANTEE SHARE IS PROVIDED THROUGH THE VALUE OF DONATED LAND AS THE COMPLETE AND LOCAL SHARE (Parcel AIL 5E, 4 AND 3-1) PART IV - PROGRAM NARRATIVE (ATTACH- SEE INsTRucT!oNs) FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) PAGE 5 111 1 DONATED LAND FROM SH 156 RI -LOCATION 77 -el_ — mai OSP a • NEW FM 156 i',- 414 % 1 R a fie es nit SI Tr\NI `- 4 I 114 AtAllerAG Wine r t NORTHWEST HIGH SCHOOL 1 11 1� 1 1 k 1 Ampflia saittORI foam- 1 is DENTO►tN COUNTY TARRANT COUNTY — _1 WSTTORT !! ice... f f • — Alliance AA,. &rib% JU.Y 2010 ALLIANCE AIRPORT PROJECT LAND ACQUISTIION - FM-156 FweiVoKni JAICOBS PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PROJECT: Runway Extension AIRPORT: FORT WORTH ALLIANCE AIRPORT, TEXAS 1 Objective: Implement Noise Mitigation Program through either parcel acquisitions or avigation easements 2. Benefits Anticipated. Enhanced quality of life for communities or businesses 3. Approach: (See approved Scope of Work in final Application) Eavaluate the market costs of the property and the ability to mitigate hoeowners property 4 Geographic Location: The vasrious project locations surround the airport. See attached project graphics. 5. If Applicable, Provide Additional Information: 6• Sponsor's Representative: (incl. address & tel. no.) Timothy D. Ward President, Alliance Air Services 2221 Alliance Blvd. Ste. 100, Fort Worth, TX 76177 817-890-1000 OMB NO. 2120-0569 FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) PAGE 6 PROJECT EXHIBITS Program Area 1 Noise Contours 2005 DNL 65 2005 DNL 70 2005 DNL 75 Compatible Land Use STg!e Family Residential P.'9jtti-Family Residential Mobile Horne Mobile Home Park Transient Residential Agricultural Residential Vacant Residential EMI Program Area 1 Alliance Airport 0 1 Legend Government Services Education Community Facility Airport Agricultural Commercial Industrial Park Utility/Right-of-Way Vacant Unknov.n Other Features d Church School Program Area Boundary L , County Boundary Ij Municipal Boundary Airport Boundary 500 1,000 Feet 1 inch = 1,000 feet N A Sources: City of Fort Worth, 2008; TNRIS, 2008; INM 7.0; Carter & Burgess, 2005; URS Corp TYDINGS RD CHESHIER RD G CARDINAS RD 156 1 / R,qNc 1 y RD Q / �I U (13 GAFFIEL I,^I MATANYRD G:1Projects\Al 2008 INQUSTRIAL RD Property ID - 68241 450 S FM 156 "Ma DOTCHELL RD MEN 1 r I r L--- -- r r • e•• (in W 0 0 cLi x H 9.7, Program Area 2.mxd {hde, 01/28/10} G:1Projects\Alliance_Airp,. Program Area 2 9:i • a Propert 1 - 216797 H 114 roperty ID - 216797 SH 114 / / / / / / 174 / Wei AS / 1 1 r Property ID - 69001 18242 S FM 156 r r .. erty ID - 6902 rl r 18314 S FM 156 r / 156 r • • • 1 !• • • • Noise Contours 2005 DNL 65 2005 DNL 70 Compatible Land Use Singe Family Residential FA lti-Famly Residential Mobile Home Mobile Home Park Transient Residential Agricu,tural Residential Vacant Residential L_1 Property ID - 278918 • Program Area 2 Alliance Airport 0 Legend Government Services Education Community Facility Airport Agricultural t G Commercial Industrial Park Utility/Right-of--Way Va can t Unknov,n Other Features d Church School Program Area Boundary L , County Boundary - i h1unidpal Boundary Arport Boundary 500 1,000 Teet 1 inch = 1,000 feet Sources; City of Fort Worth, 2008; TNRIS, 2008; INM 7.0; Carter & Burgess, 2005; URS Corp , 2008 J • V • Q Al Program Area 3 Exhibit 9.8 G:1ProjectslAlliance_Airi. Prope ID - 68127 156 rop°rty ID - 198633 FM 156 Program Area 3 Alliance Airport Noise Contours 2005 DNL 65 2005 DNL 70 2005 DNL 75 Compatible Land Use Szlgte Family Residential Multi-Fam4y Residential Mobile Home Mobile Home Park Transient Residential Agricultural Residential Vacant Residential Commercial _ I Municipal Boundary Industrial Paris AJport Boundary Utility/Right-of--Way Vacant Unknown Legend Government Services Other Features Educaton Church Community Facility School Airport Agricultural Program Area Boundary L County Boundary 1 inch = 1,000 feet Sources: City of Fort Worth, 2008: TNRIS, 2008; INM 7.0; Carter & Burgess, 2005; URS Corp., 2008 Program Area 4 ExhibK 909 O r 1D CV r O L X E (B a) 1 E 1 0 1 b2 0) L x LU in - cm C O U . Q 0- N ✓ r--- CV CV G:IProjects\Alliance_Air., OEM 1 1 1 i 1 0 1 WESTPORT PKWY Property IL) - t-'iM 589 HARMON RD r 1 Noise Contours 2005 DNL 65 2005 DNL 70 Compatible Land Use Single Family Residential Multi-Far:ly Residential Mobile Home Mobile Home Park Transient Residential Agricultural Residential Vacant Residential Program Area 4 Alliance Airport 0 Legend Government Services Educaton Community Facility Airport Agricultural Commercial Industrial Park Uhlity/Right-of-Way Vacant Unknown Other Features d Church School Program Area Boundary L , County Boundary IMunicipal Boundary Airport Boundary 500 1,000 reet 1 inch = 1,000 feet N A Sources: City of Fort Worth, 2008; TNRIS, 2008; INM 7.0; Carter & Burgess, 2005; URS Corp., 2008 ORIZON -- K-€tiE tASLE RrT- etty ID-A1898-1.1 20 KELLER HASLET RD Ppwty ID - A1891-1K 2440 KELLER HASLET RD 0 7 ``7 O1 • 0 W ›- 0 z 0 r 0 t�l 0 trIni 0 r can) 1r mxd\Figures\Exhibit 9.10, Program Area 5.mxd {hde, 01/28/10} c 0 ort Q N N 0 i 1 Q a) U C (0 U a) 0 Program Area 5 Noise Contours 2005 DNL 65 2005 DNL 70 Compatible Land Use Single Family Residential Multi-Famiy Residential Mobile Home Mobile Home Park Transient Residential Agricultural Residential Vacant Residential 1 Program Area 5 Alliance Airport 1 Legend Government Services Education Community Facility Airport Agricultural Commercial Industrial Park UblityfRight-of-Way Va can t Unknown 0 150 1 inch = 300 feet Other Features t5�1 1_4 Church School Program Area Boundary L , County Boundary IMunicipal Boundary PJrport Boundary 300 c. N A Sources: City of Fort Worth, 2008: TNRIS, 2008; INM 7.0: Carter & Burgess, 2005: URS Corp., 2008 1 1 a ch 12737 12733 1 12725 12721 12717 12713 12709 12709 12701 12641 12637 a 0 Q? 0 HIDDEN VALLEY DR LO O E H ❑: o 0 0 d' co N Cfl O d' 00 N CO O d- N N N M co it mt L0 10 O CO 0 0 0 0 0 0 0 0 0 0 0 0 CO M M M co M M cM M cO M co rn CD co CO T— C4) ti r coCD O t 00 N CIO 0 O O er- 0 0 0 0 O O M co M CO M M N N N M M 't O 0 0 0 0 O M ce) M M M M BEAVER CREEK r O co t op N cO o N N co cD O O 0 0 cc) CO c0 cc uC rn c) r` rn M 0 0 0 0 0 0 0 e 0 0 Cr) CO CO CO M CO CO IY) CO CO SAN FERNANDO 10 0) CO CD010 0 CO CO CO O co • CO 0 M LO O CO N Cfl 0 0 Coco CO O M Exhibits 91O 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 I 1 n 1 n 1 I I I 1 n 1 1 I 1 I 1 • Program Area 6 Exhibit 9.11 ...52274121Applications\mxd\Figures\Exhibit 9.11, Program Area 6.mxd {hde, 01/28/10} G:1Projects\Alliance_Airp_ • Noise Contours 2005 DNL 65 2005 DNL 70 Compatible Land Use Ssigte Family Residential Multi -Family Residential Mobile Home Mobile Home Park Transient Residential Agricultural Residential Vacant Residential Program Area 6 Alliance Airport 0 Legend Government Services Education Community Facility Nrport Agricultural Commercial Industrial Park Ub h ity/Right-of-Way Vacant Unknown 150 1 inch = 300 feet Other Features Ilu`� Church School `J Program Area Boundary L , County Boundary I__ i kimidpal Boundary Asport Boundary 300 1/V Vt N A Sources: City of Fort Worth, 2008; TNRIS, 2008; INM 7.0; Carter & Burgess, 2005; URS Corp., 2008 •4 • Q • 1 SAWTIMBER TRL Sox 0 °o 0 H co co Z 0 u� H Q a s&a) 4-4 G:\Projects1Alliance_Airp. _d2274121Applications\mxd\Figures\Exhibit 10.1, Remedial Land Use Programs.mxd {hde, ref, 07/22/10} FORT WORTH A Fort Worth Alliance Airport AVIATION PART 150 NOISE STUDY ALLIANCE • MCACHAM • STINKS FEDERAL AVIATION ADMINISTRATION AIP SPONSOR CERTIFICATIONS CITY OF FORT WORTH (Sponsor) Description of Work: Implementation of a Noise Easements. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS FORT WORTH ALLIANCE (Airport) 3-48-0296- 2012 (Project Number) Mitigation Program, for the Acquisition of Parcels and/or Avigation 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 1. Solicitations were or will be made to ensure fair and open competition from a wide area of interest. X 2. Consultants were or will be selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined X L through negotiations 3. A record of negotiations has been or 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 or will be obtained from the FAA. 5. The consultant services contract clearly establish or will clearly 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 or 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 or will be included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not or will not be used. Page 1 of 2 1 m NIF ►_" r1 1 n N/A P n n EZ n n n 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was or will be specifically described in the advertisement, and future work will not be initiated beyond five years. 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 (Name of Sponsor) ,%/fiZTh z.? (Signature of Sponsor's Designated Official Representative) William Welstead (Typed Name of Sponsor's Designated Official Representative) Acting Aviation Director (Typed Title of Sponsor's Designated Official Representative) (Date) Page 2 of 2 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION REAL PROPERTY ACQUISITION City of Fort Worth (Sponsor) Description of Work: Implementation of a Noise Mitigation Program, for the Acquisition of Parcels and/or Avigation Easements. Fort Worth Alliance 3-48-0296- -2012 (Airport) (Project Number) 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 1. The sponsor's attorney or other official has or 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 or will be extinguished, modified, or subordinated. 3. If property for airport development is or 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 or will be in conformance with the current Exhibit A property map, which is based on deeds, title 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 or 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 or 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 rs m n n /a rx P LI Mr 1 Yes No N/A 7. Appraisals prepared by qualified real estate appraisers hired by the sponsor include or 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 or 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 or will be presented to the property owner for not Tess than the approved amount of just compensation. 10. Effort was or will be made to acquire each property through the following negotiation procedures: a. No coercive action to induce agreement, and b. Supporting documents for settlements included in the project files. 11. If a negotiated settlement is not reached, the following procedures were or 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 or 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 or will be provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. X x 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 (Name of Sponsor) aP4 r (Signature of Sponsor's Designated Official Representative) William Welstead (Typed Name of Sponsor's Designated Official Representative) Acting Aviation Director (Typed Title of Sponsor's Designated Official Representative) (Date)/ 7 /1 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG -FREE WORKPLACE City of Fort Worth Fort Worth Alliance (Sponsor) (Airport) Description of Work: Implementation of a Noise Mitigation Program, for the Acquisition of Parcels 3-48-0296- -2012 (Project Number) and/or Avigation Easements. 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. 1. A statement has been or 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 or 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 or will be given a copy of the statement required within item 1 above. 4 Employees have been or 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 z No N/A L n n 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 Rehabilitation 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 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. x X X have prepared documentation shown below or 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 below or 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. Location Street Address: City: State: Zip code: Location Location City of Fort Worth Name of Sponsor ZitX, 2 Signature of Sponsor's Designated Official Representative William Welstead Type Name of Sponsor's Designated Official Representative Acting Aviation Director Typed Title of Sponsor's Designated Official Representative i /� Date of Signature FEDERAL AVIATION ADMINISTRATION AIP GRANT SPONSOR ASSURANCES 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 seq.) and an 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 in 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: 31?/12. City of Fort Worth (Name of Sponsor) 2721 (Signature of Sponsor's Designated Official Representative) William Welstead (Name of Sponsor's Designated Official Representative) Acting Aviation Director (Typed Title of Sponsor's Designated Official Representative) >/i (Date) 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 teiini "private sponsor' means a private owner of a public -use airport, and the tens "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 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 Airport Sponsor Assurances (3/2011) 1 of 16 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), et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq.2 e. Unifonin Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Title 42 U.S C. 4601 et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P L 90 148, as amended. j. Coastal Zone Management Act, P L 93-205, as amended k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' 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.' ✓ Power Plant and Industrial Fuel Use Act of 1978 - Section 403 2 U.S.C. 8373.' 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 seq.' ✓ . Wild and Scenic Rivers Act, P L 90 542, as amended. w. Single Audit Act of 1984 31 U.S.C. 7501, et seq.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 11988 — 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 Airport Sponsor Assurances (3/2011) 2 of 16 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 1 e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964 k. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2 m. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Depai 'went 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 debani'ient and suspension (nonprocurement) 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 (OMB) 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 These laws do not apply to airport planning sponsors. Airport Sponsor Assurances (3/2011) 3 of 16 2 These laws do not apply to private sponsors. s 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 this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the 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 to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire extinguish or Airport Sponsor Assurances (3/2011) 4 of 16 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 this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall ensure that such arrangement also requires compliance therewith. g. It will not permit or enter into any arrangement that results in pettniission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Airport Sponsor Assurances (3/2011) 5 of 16 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 the 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 (60) 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 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 Airport Sponsor Assurances (3/2011) 6 of 16 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 funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predeteuuined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement Any modification to the approved plans, specifications, and Airport Sponsor Assurances (3/2011) 7 of 16 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. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future 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 Airport Sponsor Assurances (3/2011) 8 of 16 which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions, and (3) Promptly notifying ainnen 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 noimal 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, fine, 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 - Airport Sponsor Assurances (3/2011) 9 of 16 (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules regulations, conditions, rates, fees, rentals and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, film, 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. 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 Airport Sponsor Assurances (3/2011) 10 of 16 single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will teiiiiinate 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 Airport Sponsor Assurances (3/2011) 11 of 16 report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretaiy, provide to the Secretary and make available to the public following each of its fiscal years, an annual report fisting in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government 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 Airport Sponsor Assurances (3/2011) 12 of 16 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 wntten 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 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary, or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex age or handicap be excluded from participating in any activity conducted with or Airport Sponsor Assurances (3/2011) 13 of 16 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 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 Airport Sponsor Assurances (3/2011) 14 of 16 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 Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, Airport Sponsor Assurances (3/2011) 15 of 16 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 tertus 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 (6) month period prior to the applicable due date. Airport Sponsor Assurances (3/2011) 16 of 16 FEDERAL AVIATION ADMINISTRATION REQUIRED ADVISORY CIRCULARS FOR USE IN AIP & PFC APPROVED PROJECTS FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 1/25/2012 NU • View the most current versions of these ACs and any associated changes at: htto://www.faa.clov/airoorts/resources/advisory circulars 70/7460-1 K 1 Obstruction Marking and Lighting 150/5000-13A 150/5020-1 150/5070-6B Change 1 Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors Noise Control and Compatibility Planning for Airports Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5100-13B Development of State Standards for Non Primary Airports 150/5200-28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30C Airport Winter Safety and Operations 150/5200-33B Hazardous Wildlife Attractants On or Near Airports 150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 150/5210-15A Airport Rescue & Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 1 of 5 150/5210-19A 150/5220-10E 150/5220-16D 150/5220-17B 150/5220-18A 150/5220-20 Change 1 150/5220-21 B 150/5220-22A 150/5220-23 150/5220-24 150/5300-7B 150/5300-13 Changes 1 - 18 150/5300-14B 150/5300-16A 150/5300-17C 150/5300-18B 150/5320-5C Change 1 150/5320-6E 150/5320-12C Change 8 150/5320-15A Driver's Enhanced Vision System (DEVS) Guide Specification for Aircraft Rescue and Firefighting Vehicles Automated Weather Observing Systems for Non Federal Applications Aircraft Rescue and Firefighting (ARFF) Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Engineered Materials Arresting System (EMAS) for Aircraft Overruns Frangible Connections Foreign Object Debris Detection Equipment FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes Airport Design Design of Aircraft Deicing Facilities General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey General Guidance and Specifications for Submission of Aeronautical Surveys to NGS• Field Data Collection and Geographic Information System (GIS) Standards Surface Drainage Design Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces IManagement of Airport Industrial Waste FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 1/25/2012 ARP Page 2 of 5 1 1 1 1 150/5325-4B 150/5335-5B 150/5340-1 K 150/5340-5C 150/5340 18F 150/5340 30F 150/5345-3G 150/5345-5B 150/5345-7E 150/5345-1OG 150/5345 12F 150/5345-13B 150/5345-26D 150/5345-27D 150/5345-28G 150/5345-39D 150/5345-42F 150/5345-43F 150/5345-44J 150/5345-45C 150/5345-46D 150/5345-47C 150/5345-49C Runway Length Requirements for Airport Design Standardized Method of Reporting Airport Pavement Strength PCN Standards for Airport Markings Segmented Circle Airport Marker System Standards for Airport Sign Systems Design and Installation Details for Airport Visual Aids Specification for L821 Panels for the Control of Airport Lighting Circuit Selector Switch Specification for L824 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitors S pecification for Airport and Heliport Beacon S pecification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits ISpecification for L823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Retroreflective Markers S pecification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories S pecification for Obstruction Lighting Equipment S pecification for Taxiway and Runway Signs Low -Impact Resistant (LIR) Structures S pecification for Runway and Taxiway Light Fixtures S pecifications for Series to Series Isolation Transformers for Airport Lighting System Specification L854, Radio Control Equipment FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 3 of 5 i 150/5345-50B 150/5345-51 B 150/5345-52A 150/5345-53C 150/5345-54B 150/5345-55A 150/5345-568 150/5360-9 150/5360-12E 150/5360-13 Change 1 150/5360-14 150/5370-2F 150/5370-10 F 150/5370-11 B 150/5380-6B 150/5390-2B 150/5395-1 Specification for Portable Runway and Taxiway Lights Specification for Discharge -Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighting Equipment Certification Program S pecification for L-1884, Power and Control Unit for Land and Hold Short S pecification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure S pecification for L-890 Airport Lighting Control and Monitoring System (ALCMS) Planning and Design of Airport Terminal Facilities at Non -Hub Locations Airport Signing and Graphics Planning and Design Guidance for Airport Terminal Facilities Access to Airports By Individuals With Disabilities Operational Safety on Airports During Construction Standards for Specifying Construction of Airports Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement Guidelines and Procedures for Maintenance of Airport Pavements Heliport Design Seaplane Bases FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 4 of 5 1 1 1 i 1 1 1 1 1 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 1/25/2012 NUMBER- 150/5100-14D 150/5100-15A 150/5100-17 Changes 1 - 6 150/5200-37 150/5300-15A 150/5320-17 150/5370-6D Changes 1 - 4 150/5370-12A 150/5370-13A 150/5380-7A TITLE; Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Civil Rights Requirements for the Airport Improvement Program Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Introduction to Safety Management Systems (SMS) for Airport Operators Use of Value Engineering for Engineering Design of Airports Grant Projects Airfield Pavement Surface Evaluation and Rating (PASER) Manuals Construction Progress and Inspection Report — Airport Grant Program Quality Control of Construction for Airport Grant Projects Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt Airport Pavement Management Program THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 1/25/2012 -NUMBER 150/5000-12 Announcement of Availability — Passenger Facility Charge (PFC) Application (FAA Form 5500-1) FAA Advisory Circulars Required for Use in Updated 1/25/2012 AIP Funded and PFC Approved Projects ARP Page 5 of 5 M&C Review Page 1 of 2 CODE: SUBJECT: COUNCIL ACTION: Approved on 3/6/2012 - Ordinance No. 20100-03-2012 DATE: 3/6/2012 REFERENCE NO.: C TYPE• C 25482 NON - CONSENT LOG NAME: PUBLIC HEARING: 55AFW 2012 NCP LAND ACQUISITION NO Authorize Application for and Accept, if Awarded, a Grant from the Federal Aviation Administration in the Amount of $3 120,786.10 for the Acquisition of Land in Accordance with the Part 150 Noise Mitigation Plan for Fort Worth Alliance Airport Accepted by the Federal Aviation Administration on December 6, 2010 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of a grant from the Federal Aviation Administration in the amount of $3,120,786.10 for the acquisition of land in accordance with the Part 150 Noise Mitigation Plan for Fort Worth Alliance Airport accepted by the Federal Aviation Administration on December 6, 2010; 2. Authorize use of land credits in the amount up to $164,251.90 for the City of Fort Worth's in -kind local match of five percent of the project cost; and 3. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Airports Grant Fund by $3,285,038.00 subject to receipt of the grant. DISCUSSION: On March 3, 2009, (M&C G 16488) the City Council authorized submission of the revised Noise Exposure Maps for Fort Worth Alliance Airport. The Noise Exposure Maps were approved by the Federal Aviation Administration (FAA) on May 5 2009. Subsequently, a Noise Compatibility Program was developed to mitigate the potential noise exposure. This Noise Compatibility Program was presented to the Alliance Airport Technical Advisory Committee on October 13, 2009. On March 2, 2010, the City Council approved the submission of the Noise Compatibility Plan for Alliance Airport to the FAA. On December 6, 2010 the FAA accepted the Noise Compatibility Plan for Alliance Airport and the implementation of the plan is now eligible for FAA funding. This grant application will allow the City to move forward with the acquisition of land identified in the Noise Compatibility Program for Alliance Airport. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Airports Grant Fund. http://apps.cfwnet.org/council_packet/mc review.asp?ID=16558&councildate=3/6/2012 9/24/2012 M&C Review DATE: CODE* SUBJECT: Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTII COUNCIL ACTION: Approved on 4/17/2012 - Ordinance No. 20180-04-2012 4/17/2012 REFERENCE NO.: C TYPE: C-25569 NON - CONSENT LOG NAME" PUBLIC HEARING: 55AMEND AFW 2012 NCP LAND ACQUISITION NO Amend M&C C-25482 to Increase the Amount of Land Credits Used for the City's In -Kind Local Grant Match from Five Percent to Ten Percent of the $3,650,043.00 Project Cost and to Increase the Grant Application Request to $3,285,038.00, if Awarded a Grant from the Federal Aviation Administration for the Acquisition of Land in Accordance with the Part 150 Noise Mitigation Plan for Fort Worth Alliance Airport and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Amend M&C C-25482 to increase the amount of land credits used for the City's in -kind local grant match from five percent to ten percent of the $3,650 043 project cost and to increase the grant application request to $3,285,038.00, if awarded a grant from the Federal Aviation Administration for the acquisition of land in accordance with the Part 150 Noise Mitigation Plan for Fort Worth Alliance Airport; and 2. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Airports Grant Fund in the amount of $365,005.00, subject to receipt of the grant. DISCUSSION: On March 6, 2012, (M&C C 25482) the City Council authorized the application for and acceptance of a grant, if awarded, in the amount of $3,120,786 10 from the Federal Aviation Administration (FAA) to acquire land in accordance with the Part 150 Noise Mitigation Plan for Fort Worth Alliance Airport and the use of land credits in the amount up to $164,251.90 for the City of Fort Worth's in -kind local grant match of five percent of the project cost. After passage of the Mayor and Council Communication (M&C), Staff was notified that the FAA is now requiring a grant match of ten percent of project costs. This M&C is necessary to increase the grant match from five percent to ten percent of $3,650,043.00 in project costs. Approval of this M&C will result in an additional use of land credits in the amount of $200,753.10. In addition, the grant amount request is $3,285,038.00 instead of the $3,120,786.10 listed in M&C C 25482. The grant amount was inadvertently reduced by the amount of the grant match of $164,251.90. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. http://apps.cfwnet.org/council_packet/mc review.asp?ID=16642&councildate=4/17/2012 9/4/2013 M&C Review Page 2 of 2 TO Fund/Account/Centers GR14 541110 055218519990 $200,753.10 GR14 488189 055218519000 $200,753.10 GR14 451856 055218519000 $164.251.90 FROM Fund/Account/Centers Submitted for Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Aya Ealy (5406) ATTACHMENTS 55AMEND AFW 2012 NCP LAND ACQUISITION A012.doc http://apps.cfwnet.org/councilpacket/mc review.asp?ID=16642&councildate=4/17/2012 9/4/2013