HomeMy WebLinkAboutContract 45763 LJ ORIGiNAL
few MY SECREW
U.S.Department CONTRACT NO.
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I–OFFER
Date of Offer JUL 1, 4
Airport/Planning Area Fort Worth Alliance Airport
AIP Grant Number 3-48-0296-053-2014
—.........................--.—.................. ............
DUNS Number 073170458
..................11........---................
TO: City of Fort Worth
herein
........... .............. ............
he "Spo n so r")
.............. ......................... ....................... ........
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the
"FAA PR)
WHEREAS,the Sponsor has submitted tote FAA a Project Application dated April 8, 2014,fora grant of
Federal funds for a project at or associated with the Fort Worth Alliance Airport,which is included as part of
this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Fort Worth Alliance Airport(herein called the"Project")
consisting of the following:
Extend Runway 16L and 1611; credit as the complete local share for donation of Parcel FE-5
is is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified,49 U.S.C. 40101, et seq.,and the former Airport and Airway Improvement Act of 1982
(AAIA), as amended and recodified, 49 U.S.Cm 47101.,et seq., (herein the AAIA grant statute is referred to as
"the Act"),the representations contained in the Project Application, and in consideration of(a)the Sponsors
adoption and ratification of the Grant Assurances dated April 3,2014,and the Sponsor's acceptance of this
Offer, and (b)the benefits to accrue to the United States and the public from the accomplishment of the
Project and compliance with the Grant Assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS
AND AGREES to pay 20 percent of the allowable costs incurred accomplishing the Project as the United States
share of the Project.
This Offer is made on and SUBJECT TO THE FO DWG NDITIONS:
0'
OFFICIAL RECORD
I
11 P a g e CITY SECRE-TARY 3 4 8 - 0 2 9 6 - 0 5 3 -2 01 4,
..................... ................................
MUM1§9
RECEIVED AL 2 11014
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$—1010-0-01-000.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation
of the United States under the provisions of 49 U.S.C. §47108(b), the following amounts are being
specified for this purpose:
$0.00 for planning
$10.000®000 for airport development or noise program implementation
$0.00 for land acquisition,
2. ineligible or Unallowable Costs.The Sponsor,must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
3. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be
made in accordance with the regulations, policies and procedures of the Secretary, Final determination of
the United States' share will be as 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. Completing the Protect Without Delay and in Conformance with Requirements.The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the
assurances which are part of this agreement.
5. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
6. Offer Expiration Date.This offer will expire and the United States will 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 August 1a 2014, or
such subsequent date as may be prescribed in writing by the FAA.
7. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to
recover Federal funds spent fraudulently,wastefully,or in violation of Federal antitrust statutes, or
misused in any other manner 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. The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds. The Sponsor must return the recovered Federal share, including funds recovered by
settlement, order,or judgment,to the Secretary. The Sponsor must furnish to the Secretary, upon
request, all documents and records pertaining to the determination of the amount of the Federal share or
to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or
other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share
require advance approval by the Secretary.
8. United States Not Liable for Damggt The United States is not be responsible or liable for
_9 Inu �
damage to property or injury to persons which may arise from, or be incident to,compliance with this
grant agreement.
2 F11' a g :El 3 - 48 0296 - 053 2014
..........
9. System for Award Management(SAM)Registration And Universal Identifier.
A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information
in the SAM until the Sponsor submits the final financial report required under this grant, or
receives the final payment, whichever is later.This requires that the Sponsor review and update
the information at least annually after the initial registration and more frequently if required by
changes in information or another award term. Additional information about registration
procedures may be found at the SAM website (currently at http://www.sam.gov),
B. Requirement for Data Universal Numbering System (DUNS) Numbers
1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has
provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or
other entity that enters into an agreement with the Sponsor to provide services or other
work to further this project, and is accountable to the Sponsor for the use of the Federal
funds provided by the agreement,which may be provided through any legal agreement,
including a contract.
2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided
its DUNS number to the Sponsor.
3. 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 866-492-0280)or the
Internet (currently at http://fedgov.dnb.com/webform).
10. Electronic Grant Pavment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
11. Informal Letter Amendment of AIP Projects. 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 or
five percent(5%),whichever is greater,the FAA can issue a letter to the Sponsor unilaterally reducing the
maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if
there is an overrun in the total actual eligible and allowable project costs to cover the amount of the
overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines
that a change in the grant description is advantageous and in the best interests of the United States,the
FAA can issue a letter to the Sponsor amending the grant description.
By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to
the amount or description in the letter.
12. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may
suspend, cancel, or terminate this grant.
13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
14. BuV American. Unless otherwise approved in advance 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 which funds are provided under this grant. The Sponsor will
include a provision implementing Buy American in every contract.
3 age 3 -: 48...-...0296-u053 - 2 011.4
IS. Maximum Obligation Increase For Nonprimary Airports In accordance with 49 U.S.C. § 47108(b), 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.
16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part
200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on
the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/.
The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District
Office,
17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a
contractor, person,or entity.
18. Ban on Texting When Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009,the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for,or on behalf of,the Federal government, including work relating to a grant or
subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting when driving in all
subgrants, contracts and subcontracts
19. Trafficking in Persons.
A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions)that apply to any
entity other than a State, local government, Indian tribe, or foreign public entity. This
includes private Sponsors, public Sponsor employees, subrecipients of private or public
Sponsors(private entity) are:
1. Engaging in severe forms of trafficking in persons during the period of time that the
agreement is in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect;
or
3. Using forced labor in the performance of the agreement, including subcontracts or
subagreements under the agreement.
B. In addition to all other remedies for noncompliance that are available to the FAA, Section
4 P a g 3 :4._ -.W..0296- 0,5 3 - 2014
106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a
private entity–
1. Is determined to have violated the Prohibitions; or
2. Has an employee who the FAA determines has violated the Prohibitions through
conduct that is either—
a. Associated with performance under this agreement; or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by the FAA at 49 CFR Part 29,
20. Exhibit A Incorporated by Reference. The Exhibit "A" updated November 13, 2013, is incorporated herein
by reference.
21. AIRPORT LAYOUT PLAN:The Sponsor understands and agrees to update the Airport Layout Plan to reflect
the construction to standards satisfactory to the FAA and submit it in final form to the FAA. It is further
mutually agreed that the reasonable cost of developing said Airport Layout Plan Map is an allowable cost
within the scope of this project.
22. LIGHTING:The Sponsor must operate and maintain the lighting system during the useful life of the system
in accordance with applicable FAA standards.
23. ENVIRONMENTAL: The environmental approval for this project was issued on September 1, 2011.
24. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: The Sponsor agrees that it will implement an
effective airport pavement maintenance management program as required by Grant Assurance Pavement
Preventive Management.The Sponsor agrees that it will use the program for the useful life of any
pavement constructed, reconstructed, or repaired with federal financial assistance at the airport.The
Sponsor further agrees that the program will
1. follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," for specific guidelines and procedures for maintaining airport
pavements, establishing an effective maintenance program, specific types of distress and
its probable cause, inspection guidelines, and recommended methods of repair;
2. detail the procedures to be followed to assure that proper pavement maintenance, both
preventive and repair, is performed;
3. include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval,
and Reference, meeting the following requirements
a. Pavement Inventory.The following must be depicted in an appropriate form and
level of detail:
1) location of all runways,taxiways, and aprons;
2) dimensions;
3) type of pavement, and;
4) year of construction or most recent major rehabilitation.
b. Inspection Schedule.
1) Detailed Inspection.A detailed inspection must be performed at least once a
5 F:
year. If a history of recorded pavement deterioration is available, i.e.,
Pavement Condition Index(PCI) survey as set forth in the Advisory Circular
150/5380-6, the frequency of inspections may be extended to three years.
2) Drive-By Inspection.A drive-by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition. For
drive- by inspections, the date of inspection and any maintenance performed
must be recorded.
4. Record Keeping. Complete information on the findings of all detailed inspections and on
the maintenance performed must be recorded and kept on file for a minimum of five years.
The type of distress, location, and remedial action, scheduled or performed, must be
documented. The minimum information is:
a. inspection date;
b. location;
C. distress types; and
d. maintenance scheduled or performed.
5. Information Retrieval System. The Sponsor must be able to retrieve the information and
records produced by the pavement survey to provide a report to the FAA as may be
required.
25. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF$250.000: The Sponsor agrees to:
a. Furnish a construction management program to the FAA prior to the start of
construction which details 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 must 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 the testing laboratories meet the
requirements of the American Society of Testing and Materials standards on
laboratory evaluation referenced in the contract specifications (D 3666, C
1077).
(4) Qualifications of engineering supervision and construction inspection
personnel.
(5) A listing of all tests required by the contract specifications, including the type
and frequency of tests to be taken, the method of sampling, the applicable
test standard,and the acceptance criteria or tolerances permitted for each
type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the
program,that they are documented daily, and that the proper corrective
actions,where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report
6 Page, 3 - 48 - 0296 - 053 -2014
documenting the results of all tests performed, highlighting those tests that failed
or that did not meet the applicable test standard. The report must include the pay
reductions applied and the reasons for accepting any out-of-tolerance material.
An interim test and quality control report must 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,will,absent any compelling justification; result in a reduction
in Federal participation for costs incurred in connection with construction of the
applicable pavement. Such reduction will 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.
26. PLANS&SPECIFICATIONS APPROVAL BASED UPON CERTIFICATION: The FAA and the Sponsor agree that
the FAA approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's
certification to carry out the project in accordance with policies, standards, and specifications approved by
the FAA. The Sponsor understands that:
1) The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA
approval for modifications to any AIP standards or to notify the FAA of any limitations to competition
within the project;
2) The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate
project documentation for the purpose of validating the certification statements;
3) If the FAA determines that the Sponsor has not complied with their certification statements,the FAA
will review the associated project costs to determine whether such costs are allowable under AIP.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided,and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINIST ATION
Edward N:
0111"11FICIAL RECORD
7
CITY SECRITARY
F1111811 WORT(fio TX
PART 11-AcCEPTANCE ............
The Sponsor does hereby,ratify and adopt all assurances,statements,representations,warranties,covenants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoing
Offer,and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.,
Executed this /89 dayof Jul
y______., 2014
City of Fort Worth
.............. ..m,,......._,
(Name of Sponsor)
(Signature of Sponsor's Designated Official Representative)
By: Fernando Costa
(Typed Name of Sponsor's Designated Official Representative)
Title: Assistant City Manager
(Title of Sponsor)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Charlene Sanders 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 Texas ..................1 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.
Jul 2014
this day of
Dated .......
c_
By
vpp (Signature of Sponsor's tto ey)
0
%
J. ity Se
..........
Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001(False Statements)and could subject you to fines,imprisonment,or both.
APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier
FEDERAL ASSISTANCE March 28, 2014
1. TYPE OF SUBMISSION: 3. DATE RECEIVED By STATE State Application Identifier
Application Preapplication DATE RECEIVED BY�FEDERAL AGENCY Federal Identifier
Construction ❑ Construction
Non-Construction ❑ Non-Construction ......
APPLICANT INFORMATION
Legal Name: Organizational Unit: AVIATION DEPARTMENT
CITY OF FORT WORTH Department-.
Organizational DUNS: Division:
Address: Name and telephone number of person to be contacted on
Street: 4201 N MAIN STREET matters involving this application(give area code)
SUITE 200
Prefix: MR. First�Name:�THO�MAS
City: FORT WORTH Middle Name: J.
County: TARRANT Last Name: HARRIS
State: TX Zip Code: 76106 Suffix: w
Country. UNITED STATES Email: TOM.HARRIS@HILLWOOD.COM
6.EMPLOYER IDENTIFICATION NUMBER ENV): Phone number(give area code): give area code):
F1 T-7 ) - 5 0 0 5 2 8 6 817-890-1000 817-430-2875
8. TYPE OF APPLICATION: T. TYPE OF APPLICANT. (See back of form for Application Types)
F-^ --I
New Continuation El Revision L...... J
ff Revision,enter appropriate letter(s)in box(es): --- Other(specify)
(See back of form for description of letters) 9. NAME OF FEDERAL AGENCY
Other(specffy) FEDERAL AVIATION ADMINISTRATION, SW
REGION, FORT WORTH, TEXAS 76193-0650
11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT:
F0 CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER Perform various functions necessary to extend
Runways 16 L&R, including relocation of FM-156
and BNSF Railroad. Credit as the complete and
Local Share for the Donation of Land, Parcel FE-5.
[:2T
TITLE: AIRPORT IMPROVEMENT
PROGRAM
12. AREAS AFFECTED BY PROJECT(cities,counties,states,efc):
CITY OF FORT WORTH NORTH TARRANT COUNTY
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF
Start Date Ending Date a. Applicant b. Project
04/0112014 121912016 TEXAS 12, 26 TEXAS 12
15.ESTIMATED FUNDING % IS APPLICATION SUBJECT TO REVIEW BY STATE
EXECUTIVE ORDER 12372 PROCESS
a. Federal $ 20,000,000 a.Yes, THIS PREAPPLICATiONIAPPLICATION WAS MADE
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
b Applicant $ 2,2229223 uu PROCESS FOR REVIEW ON
c. State $ DATE:
d. Local $ b.No. PROGRAM IS NOT COVERED BY E.O.12372
a. Other $ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR
REVIEW
f Program income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
22
g. TOTAL ,222,22-3-
$ []Yes If-Yes'attach an explanation No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/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 THE ASSISTANCE IS AWARDED.
a. Authorized Representative
,#kefix MR. First Name FERNANDO Middle Name
st Name COSTA Suffix
b.Title ASSISTANT CITY MANAGER c.Telephone number(give area code)
817-392-6122
d.Signature of Authorized Represent e.Date Signed 11"
..........
rrl DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISMATION OMS NO.2120-0569
11 30
PART 11
PROJECT APPROVAL INFORMATION
SECTION A
Item 1. Name of Governing Body
Does this assistance request require State, Priority
local,regional,or other priority rating?
[3Yes R]No
Item 2. Name of Agency or or
Does this assistance request require State, local (Attach Documentation)
advisory,educational or health clearances?
E]des E]No
It 3. (Attach Comments)
Does this assistance request require clearinghouse
review in accordance Wth OMB Circular A-95?
91des [:]No
It 4. Name of Approving Agency
Does this assistance request require State, NCTCOG
local,regional,or other planning approval? o Kyes,13 N Date I
Item& Check One: State
Is the proposed project covered by an approved Local
comprehensive plan? DYes E]No Location of plan Regional
........ ........
Item 6. Name of Federal Installation
Will the assistance requested serve a Federal Population benefiting from Project
Federal Installation?
DYes Fg]No
Item 7. Name of Federal Installation
Will the assistance requested be on Federal land Location of Federal Land
or installation? Percent of Project
11Yes g]No
Item 8. See instructions for additional information to be
Will the assistance requested have an impact provided.
or effect on the environment?
E]Yes g]No
Item 9. Number of:
Will the assistance requested use the displacement Individuals
of individuals,families,businesses,or farms? Families
Businesses
E3Yes 2]No Farms
Item 10. See instructions for additional information to be provided.
Is the other related Federal assistance on this
project previous,pending,or anticipated?
E]Yes Z] No
FAA Form 6100-100(6-73)SUPERSEDES FAA FORM 5100-100(9-03) Page 2
DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION
OMB NO.2120-0869
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 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 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 Forth 5100-100(9-03)SUPERSEDES FAA FORM 5100-100(6-73) Page 38
' 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:Al thru A9,2 thru 7,9, 10, 11A, 11(1), 12, 13, 14E, 14H thru 14K, 14P, 14Q, 14S,
14(1), 16-20,27,28, H1 thru H29, 29,29A,30,30A,30B,31B,32A,32B,32C,33A,33B,AIL-5A,AIL-513,AIL-5E,FE1,
FE2, FE-4,AIL 6A/B-1,ATSF 1/1A,4-1, 3-1 AND EASEMENTS,CLEARANCE LICENSE,OR OTHER USE
RESTRICTIONS TO PARCELS:8A,8B, 11, 1113, 11C, 12A, 14A, 14C, 14C-1, 14D, 14F, 14G, 14L, 14M, 14N, 140,
14R, 15, H-1A,H-113, H-1C, H-2A, H-26, H-3A, FE-3, FE-4 AND(This Grant Application FE-5).
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 Forth 5100-100(9-03)SUPERSEDES FAA FORM 5100-100(4-76) Page 3b
rv' ,l
BUDGET
INFORMATION
DEPARTMENT OF TRANSPORTATION.FEDERAL AVIATION ADMINISTRATION OMH NO.2120-06169
PART III-BUDGET INFORMATION-CONSTRUCTION
SECTION A-GENERAL
1, Federal Domestic Assistance Catalog No. 20-106
2. Functional or Other Breakout
SECTION B-CALCULATION OF FEDERAL GRANT
Use only for revisions
COST CLASSIFICATION Total Amount
Latest Approved Adjustment+or Required
amount
1. Administration expense
2. Preliminary expense
3. Land,structures,right-of-way 2,222,223.00
. Architectural engineering basic fees 2,000,000.00
5. Other architectural engineering fees
6. Project inspection fees 1,000,000.00
7. Land development
6. Relocation expenses
9. Relocation payments to individuals and businesses
10. Demolition and removal
11. Construction and project improvement 17,000,000.00
12. Equipment
13, Miscellaneous
14a Total(Lines t through 93) 22,222,22100
15. Estimated Income(if applicable)
16. Net Project Amount(Line 14 minus 95)
17. Less:Ineligible Exclusions
16. Add:Contingencies
19. Total Project Amt.(Excluding Rehabilitation Grants)
0. Federal Share requested of Line 19 20,000,000.00
21. Add Rehabilitation Grants Requested(100 pe nt)
22. Total Federal grant requested (Lines 20&21) 201000,000.00
21 Grantee share 2,222,223.00
4. Other shares
25. Total project(Lines 22,23,&24) $ $22,222,223.00
FAA Form 51 too(. )SUPERSEDES F FORM 5100-100(6-73) P m
DONATED LAND
�f .
DEPARTMENT OF'TRANSPORTATIONd..FEDERAL AVIATION ADMINISTRATION OMB NO.2120.0
SECTION C-EXCLUSIONS
Ineligible for Excluded from
Participation Contingency Provision
5. Classification (2)
a. $
b.
c.
d.
e.
f.
. Totals $
SECTION D-PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
7, Grantee Share 20„000,000.00
a. Securities
b. Mortgages
C. Appropriations(By Applicant)
p�
d, Bonds
e. Tax Levies
f. Non Cash
Other(Explain) Sponsor Local Share 2,222,223.00
h. Total—Grantee Share 2,222,223.00
28. Other Shares
a. State
b. Other
C Total Other Shares
. TOTAL 22,222,22100
SECTION E -REMARKS
GRANTEE SHARE IS PROVIDED THROUGH THE VALUE OF DONATED LAND AS THE COMPLETE AND LOCAL
SHARE FE- .
PART IV - PROGRAM NARRATIVE (ArTAcr i--SEcINsrR�icaioNs)
FAA Fwm 51 100(9.03)SUPERSEDES FAA FORM 5100-100(6-73)
PAGE 5
PART IV
PROGRAM NARRATIVE
(Suggested Format)
DEPARTMENT OF TRA14SPORTATION-FEDERAL AVIATION ADMINIS7 RATION OMB NO.212G-0569
PROJECT:Runway Extension
AIRPORT: FORT WORTH ALLIANCE AIRPORT,TEXAS
1. Objective:
Extend Runway 16L and 16R to an overall length of 11,000 feet to meet approved capacity demands.
2. Benefits Anticipated:
Enhanced capacity, increased stage length and aircraft take-off weights for all users.
3. Approach: (See approved Scope of Work in final Application)
The project requires the relocation of a state highway(already relocated)and main rail line(design is complete and rail
construction started January 2014). Phased approach has provided a signifi cant earth package for the extended portion of
the runway.
4. Geographic Location:
The project location is at the north end of the airport.See attached project graphic,
S. If Applicable,Provide Additional Information:
6: Sponsor's Representative: (incl.address&ter,no.)
Thomas J.Harris
President,Alliance Air/Aviation Services
2221 Alliance Blvd.Ste. 100, Fort Worth,TX 76177
817-890-1000
FAA Form 5100-100(9-03)SUPERSEDES FAA FORM 5100-100(6-73) PAGE 6
PROJECT EXHIBITS
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ON
FEDERAL AVIATION ADMINISTRATION
I AIP
SPONSOR CERTIFICATIONS
U.S.DEPARTMENT OFT NSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
CITY OF FORT WORTH FORT WORTH ALLIANCE 3-48-0296-
.. ........ -2014
(Sponsor) (Airport) (Project Number)
Desaiption of Work.,
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R
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 CF R 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 NIA
1. Solicitations were or will be made to ensure fair and open
competition from a wide area of interest,
2. Consultants were or will be selected using competitive
procedures based on qualifications, experience, and
disadvantaged enterprise requirements with the fees determined El
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 perforrned 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 El El D
elements of the project.
6. Costs associated with work ineligible for AI P funding are or will
be clearly identified and separated from eligible items in IK El El
solicitations, contracts, and related project documents.
7. Mandatory contact provisions for grant-assisted contracts have
been or will be included in consultant services contracts. El
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
9. If the services being procured cover more than the single grant
project referenced in this certification, the scope of work was or F-1 El will be specifically described in the advertisement, and future
low work will not be initiated beyond five years.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Fort Worth
(Name of Sponsor)
(Signature of Sponsor's Designated Official Representative)
Bill Welstead
(Typed Name of Sponsor's Designated Official Representative)
Aviation Director
(Typed Title of Sponsor's Designated Official Representative)
(Date)
Allk
Page 2 of 2
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
r AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
EQUIPMENT/CONSTRUCTION CONTRACTS
City of Fort Worth Fort Worth Alliance Airport 3-48-0296- -2014
(Sponsor) (Airport) (Project Number)
Description of Work
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R
Title 49, United States Code (USC), 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 equipment and construction contracts
within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36.
AIP standards are generally described in FAA Advisory Circular(AC) 150/5100-6, Labor Requirements for
the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement
Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One--General Federal
Requirements. Sponsors may use State and local procedures provided procurements conform to these
Federal standards.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1. A code or standard of conduct is or will be in effect governing
the performance of the sponsor's officers, employees, or agents ® ❑ ❑
in soliciting and awarding procurement contracts.
2. Qualified personnel are or will be engaged to perform contract
administration, engineering supervision, construction inspection, ® ❑ ❑
and testing.
3. The procurement was or will be publicly advertised using the ® ❑ ❑
competitive sealed bid method of procurement.
4. The bid solicitation clearly and accurately describes or will
describe:
a. The current Federal wage rate determination for all ® ❑ ❑
construction projects, and
b. All other requirements of the equipment and/or services to
be provided.
5. Concurrence was or will be obtained from FAA prior to contract
award under any of the following circumstances:
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest
responsible bidder, ® ❑ ❑
c. Life cycle costing is a factor in selecting the lowest
responsive bidder, or
d. Proposed contract prices are more than 10 percent over
the sponsor's cost estimate.
Yes No N/A
6. All contracts exceeding $100,000 require or will require the
01/01111 following provisions:
a. A bid guarantee of 5 percent, a performance on of 100
percent, and a payment bond of 100 percent-,
b. Conditions specifying administrative, contractual, and legal
remedies, including contract termination, for those El
instances in is contractors violate or breach contact
terms; and
c. Compliance with applicable standards and requirements
issued under Section 306 of the Clean Air Act(42 USC
1857(h)), Section 508 of the Clean Water Act(33 USC
1368), and Executive Order 11738.
7. All construction contracts contain or will contain provisions for:
a. Compliance with the Copeland "Anti-Kick Back"Act, and
b. Preference given in the employment of labor(except in
executive, administrative, and supervisory positions) to
honorably discharged Vietnam era veterans and disabled
veterans..
8. All construction contracts exceeding $2,000 contain or will
contain the following provisions:
a. Compliance with the Davis-Bacon Act based on the current El
Federal wage rate determination; and
b. Compliance with the Contract or Hours and Safety
Standards Act (40 USC 327-330), Sections 103 and 107.
9. All construction contracts exceeding $10,000 contain or will
contain appropriate clauses from 41 CFR Part 60 for
compliance with Executive Orders 11246 and 11375 on Equal 1:1 El
Employment Opportunity,,
10. All contracts and subcontracts contain or will contain clauses
required from it V1 of the Civil Rights Act and 49 CFR 23 and
49 CFR 26 for Disadvantaged Business Enterprises.
11. Appropriate checks have been or will be made to assure that
contracts or subcontracts are not awarded to those individuals
or firms suspended, debarred, or voluntarily excluded from 1:1 El
doing business with any U.S. Department of Transportation
(DOT) element and appearing on the DOT Unified List.
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)
AI
26L-7r7-
_0
(Spqnature of Sponsor'�Designated Official Representative)
Bill Welstead
........................................ ............... .........__............. ............ ......................................
(7kped Name of SponsoKs Designated Official Representative)
Aviation Director
.................. .............. ....................____........... ......... ...............
(Typed Title of Sporisot's Designated Official Representative)
. ..............
a fia�
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
DRUG-FREE WORKPLACE
City of Fort Worth Fort Worth Alliance 3-48-0296- -2014
.......... ................... ..........
(Sponsor) (Airport) (Project Number)
Description of Work.
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R
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 (A,IP). General requirements on the drug-free workplace within Federal
grant programs are described in it 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 it below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1® A statement has been 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 or has
been or will be given a copy of the statement required within it 1 1:1 El
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 El 0
b. Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction.
Yes No N/A
5. The FAA will be notified in writing within ten calendar days after
receiving notice under item 4b above from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title of
the employee, to the FAA. Notices shall include the project number
of each affected grant.
6. One of the following actions will be taken within 30 calendar days
of receiving a notice under item 4b above with respect to any
employee who is so convicted:
a. Take appropriate personnel action against such an employee,
up to and including termination, consistent with the
requirements of the 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. El
I 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 Location Location
Street Address:
--—-------.................III--........................................................................ ........... ...
City:
State:
................ ...........
Zip code:
City of Fort Worth
Name of Sponsor
Signature of Sponsor's Designated Official Representative
Bill Welstead
Type Name of Sponsor's Designated Official Representative
Aviation Director
Typed Title of Sponsor's Designated Official Representative
.............
a ......
I. of S�qnature
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
REAL PROPERTY ACQUISITION
City of Fort Worth Fort Worth Alliance 3-48-0296® -2014
............. ..............
(Sponsor) (Airport) (Project Number)
Descrigtion of Worts:
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). General requirements on real property acquisition and relocation
assistance are in Title 49, Code of Federal Regulations(CFR), Part 24. The AIP project grant agreement
contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 (Uniform Act), as amended.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1. The sponsor's attorney or other official has or will have good and
sufficient title as well as title evidence on property in the project. El
2. If defects and/or encumbrances exist in the title that adversely
impact the sponsor's intended use of property in the project, they El
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, 11 EJ H
lb. 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 H El El
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: El
a. The right of flight,
b. The right of ingress and egress to remove obstructions, and
c. The right to restrict the establishment of future obstructions.
Yes No N/A
7. Appraisals prepared by qualified real estate appraiser's hired by the
Or"" 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 El El
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 less 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, El El
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 El E]
occupant in accordance with the Uniform Act.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no"that is correct and complete.
City of Fort Worth
............- ........
me of Sponsor)
(Signature of Sponsorus Designated Official Representative)
Bill Welstead
................... . ................ ............ ..... ........................... ......
(Typed Name of Sponsor's Designated Official RepreSentatiVre)
Aviation Director
............ ........................-
(Typed Title of Sponsor's Designated Official Representative)
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
PROJECT PLANS AND SPECIFICATIONS
CITY OF FORT WORTH FORT WORTH ALLIANCE 3-48-0296- -2014
............... ......
(Sponsor) (Airport) (Project Number)
Description of Work-,
PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular
(AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights
Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program
Grant Assurance One--General Federal Requirements. A list of current advisory circulars with specific
standards for design or construction of airports as well as procurementlinstallation of equipment and
facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement.
Except for the certified it below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1. The plans and specifications were or will be prepared in
accordance with applicable Federal standards and
requirements, so no deviation or modification to standards set El 1:1
forth in the advisory circulars, or State standard, is necessary
other than those previously approved by the FAA.
2. Specifications for the procurement of equipment are not or will
not be proprietary or written so as to restrict competition. At
least two manufacturers can meet the specification,
3. The development included or to be included in the plans is El 1:1
depicted on the airport layout plan approved by the FAA.
4. Development that is ineligible for Al P funding has been or will
be omitted from the plans and specifications.
5. The process control and acceptance tests required for the
project by standards contained in Advisory Circular 150/5370-10 El El
are or will be included in the project specifications.
6. If a value-engineering clause is incorporated into the contract, El N
concurrence was or will be obtained from the FAA.
7. The plans and specifications incorporate or will incorporate
applicable requirements and recommendations set forth in the El
Federally approved environmental finding.
Yes No N/A
8. For construction activities within or near aircraft operational
areas, the requirements contained in Advisory Circular
150/5370-2 have been or will be discussed with the FAA as well ® ❑ ❑
as incorporated into the specifications, and a safety/phasing
plan has FAA's concurrence, if required.
9. The project was or will be physically completed without Federal
participation in costs due to errors and omissions in the plans ® ❑ ❑
and specifications that were foreseeable at the time of project
design.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no"that is correct and complete.
City of Fort Worth
(Name of Sponsor)
x'/Z
(Signature of Sponsor's Designated Official Representative)
Bill Welstead
(Typed Name of Sponsor's Designated Official Representative)
Aviation Director
(Typed Title of Sponsor's Designated Official Representative)
(Date)
STANDARD DOT TITLE VI ASSURANCES
THE CITY OF FORT WORTH, TEXAS (hereinafter referred to as the Sponsor) hereby agrees
that as a condition to receiving Federal financial assistance from the Department of
Transportation (DOT), it will comply with it 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")tot 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 for or for the acquisition of real property or an
00 r1111 interest in real property, the assurances II 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 for 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.
1010W
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:
City of Fort Worth
(Name of Sponsor)
(Signature of Sponsor's Designated Official Representative)
Bill Welstead
(Typed Name of Sponsor's Designated Official Representative)
Aviation Director
(Typed Title of Sponsor's Designated Official Representative)
(Date)
I-p,1 alvj$A
FAA
Airports
a
Current FAA Advisor/ Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 3/20/2014
View the most current versions of these ACs and any associated changes at;
htp.// aa /airos/rerces viso circrs
a --
/
O/r/i
70/7460-1 K Obstruction harking and Lighting
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-66 Airport Master Plans
Change 1
150/5070-7 The Airport System Planning Process
150/5100-13B Development of tat Standards for Nonprimary Airports
150/5200-28D Notices to Airmen ( OTA S)for Airport Operators
150/5200-30C Airport Winter Safety And Operations
Change 1
150/5200-31 C Airport Emergency Plan
Change 2
150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-1C Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15 Aircraft Rescue and Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
FAA Advisory circulars Required for Use in mm� Updated 3/20/2014 Page 1 of 5
AIP Funded and PFC Approved Projects ARP
%//�
ri, ,i Hai
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5235-4B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength®PCN
(Draft approved for use)
150/5340-1 L Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-30G Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-513 Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-1 OG Specification for Constant Current Regulators and Regulator Monitors
150/5345-1F Specification for Airport and Heliport Beacons
150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator(PAPI)Systems
150/5345-39D Specification for L®853, Runway and Taxiway Retro,reflective Markers
150/5345-42G Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345-43G Specification for Obstruction Lighting Equipment
150/5345-44J Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant(LI )Structures
- _........................... ...a-.._ .....................�
F Advisory Circulars Required for Use in l9pdated 3/20/2014 Page 3 of 5
AIR Funded and PFC Approved Projects ARP
i%Sill v
150/5395-1A Seaplane Bases
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated; 3/7/2014
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1 ._6 Assisted Projects
15015300-913 Predesign„ Preid, and Preconstruction Conferences for Airport Grant Projects
150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370®6D Construction Progress and Inspection Report—Airport Grant Program
150/5370-12A Quality Control of Construction for Airport Grant Projects
150/53$0-7A Airport Pavement Management Program
F Advisory irculars Required for Use in dated 3120120't4 Page
.. .._.. . ...�........_..- __ ....�.�._..-..�..�...�.......�. _m.....�. .. _.
rY q P �5 of a
AIP Funded and PFC Approved P jests ARP
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'o FAA
Airports
7
IS FL,
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
arnended. As used herein,the to "public agency sponsor" means a public agency
with control of a public-use airport; the to "private sponsor"means a private owner
of a public-use airport; and the to "sponsor" includes both public agency sponsors
and private sponsors.
3. LJpon acceptance of this grant offer byte sponsor, these assurances are incorporated
in and become part of this grant agreement.
B. Duration and Applicability.
I Airport development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor.
The to s,conditions and assurances of this grant agreement shall remain in full
force and effect throughout the usellil life of the facilities developed or equipment
acquired.for an airport development or noise compatibility program project, or
throughout the useful.life oft e project items installed within a facility under a noise
compatibility program project,but in any event not to exceed twenty(2 0)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 oft e 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 oft e tenns, conditions, and assurances with respect to real
property acquired with federal funds, Furtbennore,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 I also applies to a private sponsor except that the useful life
of project items installed witbin 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(1 0)years from the date of acceptance of Federal aid
for the project.
"ZT-It,-.Sp..,.,r Assurances 3/2,014 Page I of 20
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified.in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13,
18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms,
coriditions,and assurances of this grant agreement shall remain in full force and effect
during the life of the project; there shall be no limit on the duration of the assurances
regarding Airport Revenue so on as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies,with respect to this grant that:
I 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 lation
a. Title 49,U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act-40 U.S.C. 276(a),et.se
c. Federal Fair Labor Standards Act-29 U.S.C. 201, et sc.
d. Hatch Act- 5 U.S.C. 150 1,gtsec.'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et
National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.470(1).,
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 throng
469c.' Ji
h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001, et seg.
i. Clean Air Act,P.L. 90-148, as amended.
j. Coastal one 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.&C,, Section 303, (formerly known as Section 4(f))
in. Rehabilitation Act of 1973 -29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 star. 252)
(prohibits discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12 101 et
seq.),prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 -42 U.S.C. 6101,et seg.
q. American Indian Religious Freedom Act,P.L. 95-341, as amended.
r. Architectural.Barriers Act of 1968 -42 U.S.C. 4151, et seg.I
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
t. Contract Work Hours and Safety Standards Act-40 U.S.C. 327, L�j
.c S �
. eq_
u. Copeland Anti-kickback Act- 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 -42 U.S.C. 4321, et se .°
w. it and Scenic Rivers Act,P.L. 90-542, as amended.
x. Single Audit Act of 1984 -31 U.S.C. 7501,gLse_q!'
y. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706,
----—------------------------------------......--———--------—
Airpod Sponser Assurdnces 3/20�4 Page 2 of 20
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
Executive Orders
........................................................ ............................................................................................
a. Executive Order 11246 - Equal Employment Opportunity'
b. Executive Order 11990 -Protection of Wetlands
c. Executive Order 11998- Flood Plain Management
d. ExCCLILiVC Order 12372 -Intergovernmental Review of Federal. Programs
e. Executive Order 12699- Seismic Safety of Federal and Federally Assisted New
Building Construction'
L Executive Order 12898 -Environmental Justice
Federal Regulaflons
....................................................... ............ ......................................... ......................... .........._1....................
a. 2 CFTC Part 180 -OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension.(Nonprocurement),
b. 2 CF R Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, [OMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments,and OMB
Circular A••133 - Audits of States, Local Governinents, and Non-Profit
45,6
Organizations]. ,
c. 2 CF R Part 1200.. Nonprocurement Suspension and Debarment
d. 14 CF R Part 13 - Investigative and Enforcement Procedures 14 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings,
e. 14 CFR Part 150 - Airport noise compatibility planning.
L 28 CF R Part 35- Discrimination on the Basis of Disability in to and Local
Government Services.
g. 28 CF R§ 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part I -Procedures for predetermination of wage rates.
i. 29 CF R Part 3 - Contractors and subcontractors on public building or public or
financed in whole or part by loans or grants from the United States.'
j. 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 t o t he Contract Work Hours and
Safety Standards Act).'
k. 41 CFR Part 60 -Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor(Federal and federally assisted
contracting requirements).'
1. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
m. 49 CFI Part 20 -New restrictions on lobbying.
n. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation -effectuation of Title VI oft e Civil Rights Act of
1964.
o. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport
Concessions.
Airport Sponsor Assurances 3/2014 Pap
ge 3 of 20
p. 49 CFR Part 24 --Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs.12
q. 49 CF R Part 26 -Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Pro I rams and
Activities Receiving or Benefiting from Federal Financial Assistance.
s. 49 CFR Part 28Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation,
t. 49 CFR Part 30 -Denial.of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S. contractors,
u. 49 CFR Part 32 Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
v. 49 CFR Part 37 - Transportation.Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.
Specific Assurances
................................................................
Specific assurances required to be included in grant agreements by any of the above
laws,regulations or circulars are incorporated by reference in this grant agreement,
Footnotes to Assurance C.1.
These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
49 CFR Part 18 and 2 CF R Part 200 contain requirements for State and Local
Governments receiving Federal assistance. Any requirei.-nent 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.
4 On December 26, 2013 at 78 FR 78590,the Office of Management and Budget
(OMB)issued the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200
replaces and combines the former Uniform Administrative Requirements for
Grants(OMB Circular A-102 and Circular A®110 or 2 CFR Part 215 or
Circular)as well as the Cost Principles (Circulars A-21 or 2 CFR part 220;
Circular A-87 or 2 CFR part 225; and A-122,2 CF R part 230). Additionally it
replaces(Ircular A-133 guidance on the Single Annual.Audit. In accordance
with 2 CFR section 200.110,the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including,the Department of
Transportation,must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
.................................................................... ...........................
Airport Sponsor Assurances 3/2W 4 Page 4 of 20
5 Cost principles established in 2 CF R part 200 subpart E must be used as
guidelines for determining the eligibility of specific types of expenses,
6 Audit requirements established in 2 CF R part 200 subpart F are the guidelines
for audits,
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this grant, and to finance and carry out the proposed
project; that a resolution, motion or similar action has been duly adopted or passed as
an official act oft e applicant's governing body,authorizii-ig 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.
® 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.
I t s hall 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 inforrnation 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 goverrinient, 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 perforrn any or all of the terms,conditions, and
assurances in this grant ap.,cement without the written approval of the Secretary,
and will act promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be one in a manner acceptable tote Secretary.
Airport sponsor Assurances 3/2014 Page 5 of 20
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 this grant agreement and to have the power,
,authority, and financial resources to carry out all such obligations, the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest,and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another it 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 fora 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 noti-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person.other than the sponsor or an employee of the sponsor,the
sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 49, United States Code,the
regulations and the terms,conditions and assurances in 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 in permission for the owner or tenant of a property used
as a residence, or zoned for residential use,to taxi an aircraft between that
property and any location on airport. Sponsors of general.aviation airports
entering into any arrangement that results in permission for the owner of
residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
....................
Aiq)ortSpGnsor Assurances 3/2014 Page 6 of 20
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 pal-ties
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
cared out by the community and it shall,when requested by the Secretary, submit a
copy of the transcript of such hearings tote Secretary. Further, for such projects, it
has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway
extension at a medium or large hub airport,the sponsor has made available to and has
provided upon request to the metropolitan phuming organization in the area in which
the airport is located, if any, a copy of the proposed amendment to the airport layout
plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
11. Pavement Preventive Maintenance.
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 oft e 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
............................
Airport Sponsor Assurances 3/2014 Page 7 of 20
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. I t s hall 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 oft e cost of the project supplied by other sources, and such
other financial records pertinent to the project. The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General.of the United
States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents,papers, and records of the recipient that are
pertinent to this grant, The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an 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 in all contracts for work on any project funded under this grant
agreement which involve labor, such provisions as are necessary to insure that, in the
employment of labor(except in executive, administrative, and supervisory positions),
preference shall be given to Vietnam era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned
and controlled by disabled veterans as defined in 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 comrnencernent 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,
_�i-_P-Asp--s or Assurances-3/20 q 4 Page 8 of 20
specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into this grant agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans, specifications,
and schedules approved by the Secretary for the project. It shall subject the
construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
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,
Airport Sponsor Assurances 3/2014 Page 9 of'20
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 form
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the
airport.Nothing contained herein shall be construed to require that the airport
be operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance,
Further,nothing herein shall be construed as requiring the maintenance,
repair,restoration, or replacement of any structure or facility which is
substantially darnaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which. Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport(including established
minimum flight altitudes)will be adequately cleared and protected by removing,
lowering,relocating,marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport,hazards.
21. Compatible Land Use.
It will take appropriate action,to the extent reasonable, including the adoption of
zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use,within its
jurisdiction, that will reduce its compatibility,with respect to the airport, of the noise
compatibility program measures upon which Federal. funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms
and without unjust discrimination to all types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services t o t he
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., fi rm, or corporation to conduct or
....................................
Airport Sponsor Assurances 3/2014 Page 10 of 20
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-
t) 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 performing any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to
in this assurance,the services involved will be provided on the same conditions as
would apply to the furnishing of such services by commercial aeronautical service
providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe
and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
Airport Sponsor Assurances 3/2014 Page 11 ot'20
23. Exclusive Rights®
It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator
shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly,burdensome, or jinpractical 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]eased 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, fi rm, 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 set-vices, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under
Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances
existing at the particular airport,taking into account such factors as the volume of
traffic and economy of collection.No part of the Federal share of an airport
development,airport,planning or noise compatibility project for which a grant is
made under Title 49, United States Code,the Airport and Airway Improvement Act
of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate basis in establishing fees,rates, and charges for users of
that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987,will be expended by it for the capital or
operating costs oft e 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 t o t his paragraph:
1) If covenants or assurances in debt obligations issued before September 3,
1982,by the owner or operator of the airport, or provisions enacted before,
September 3, 1982, in governing statutes controlling the owner or operator's
Financing, provide for the use oft e revenues from any of the airport owner or
.............
Airport sponsor Assurances 3/2014 Pag
ge 12 of 20
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.
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 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 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
Airport Sponsor Assurances 3/2014 Page 13 of 20
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 it of government and the
put-poses for which each such payment was made; and
2) all set-vices and property provided by the airport to other its of government
and the amount of comperisation 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 Goverrunent 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 coritrol,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 oft e 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
Airport Sponsor Assurances 3/2014 Page,14 of 20
roads), including all proposed extensions and reductions of existing airport
facilities;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport's
property boundary. 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 except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benefiting from, funds
received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§
21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs,
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by, or pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal
assistance) for any of the sponsor's program or activities, these requirements
extend to all of the sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to
construct, expand, renovate, remodel, alter or acquire a facility, or part of a
facility, the assurance extends to the entire facility and facilities operated in
connection therewith.
Airport Sponsor Assurances 3/2014 Page 15 of 20
3) Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of,or for the acquisition of real property or an interest
in real property,the assurance will extend to rights to space on, over, or under
such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during
which Federal financial assistance is extended to the program, except where the
Federal. financial assistance is to provide, or is in the form of,personal property,
or real property, or interest therein,or structures or improvements thereof], in
which case the assurance obligates the sponsor, or any transferee for the longer of
the following periods:
1) So long as the airport is used as an airport, or for another purpose involving
the provision of similar services or benefits; or
2) So on as the sponsor retains ownership or possession of the property,
d. Required Solicitation Language. It will include the following notification in all
solicitations for bids, bequests For Proposals for work, or material under this
grant agreement and in all proposals for agreements, including airport
concessions,regardless of fttnding source:
"The(Name of Sponsor), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4)and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national.origin
in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiting compliance
with the acts and regulations relative to non-discrimination in Federally-
assisted prograIns of the DOT, and incorporating the acts and regulations into
the contracts by reference in every contract or agreement subject to the non-
discrimination in Federally-assisted programs of the DOT acts and
regulations.
2) It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract,clauses as a covenant running with
the land, in any deed from the United States effecting or recording a transfer
of real property, structures,use, or improvements thereon or interest therein to
a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on
the basis of race,color,national origin, creed, sex, age, or handicap as a
Mrport Sponsor Assurances 3/2014 Page 16 of 20
covenant running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under
the applicable activity, project, or program; and
b) For the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or
program.
f. It will provide for such methods of administration for the program as are found by
the Secretary to give reasonable guarantee that it, other recipients, sub-recipients,
sub-grantees, contractors, subcontractors, consultants, transferees, successors in
interest, and other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the acts, the regulations,
and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
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 project at the airport, or(2)
transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following, in descending order, (1)
reinvestment in an approved noise compatibility project, (2)reinvestment in an
approved project that is eligible for grant funding under Section 47117(e) of title
49 United States Code, (3)reinvestment in 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 in the Airport and Airway Trust Fund. If
land acquired under a grant for noise compatibility purposes is leased at fair
market value and consistent with noise buffering purposes, the lease will not be
considered a disposal of the land. Revenues derived from such a lease may be
used for an approved airport development project that would otherwise be eligible
for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than
noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such 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
Airport Sponsor Assurances 3/2014 Page 17 o1`20
eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order: (1)reinvestment in an approved
noise compatibility project, (2)reinvestment in an approved pro"ject that is eligible
for grant funding under Section 47117(e)of title 49 United States Code, (3)
reinvestment in 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 in the A nport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if
(1) it may be needed for aeronautical purposes(including runway protection
zones)or serve as noise buffer land, and(2)the revenue from interim uses of such
In 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 corn menced no later than
December 15, 1989.
d. Disposition of such land under(a)(b)or(c)will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels associated with
operation of the airport.
32. Engineering and Design Services.
It will award each contract, or sub-contract for program management,construction
management,planning studies, feasibility studies, architectural services, preliminary
engineering,design, engineering, surveying,mapping or related services with respect
t o t he 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 oft e 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 3 APR 2 014 (the latest
approved version as of this grant offer)and included in this grant, and in accordance
...........
Airport Sponsor Assurances 3/2.014 Page 18 of 20
with applicable state policies, standards, and specifications approved by the
Secretary.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under
State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and
will pay or reimburse property owners for necessary expenses as specified in
Subpart B.
b. It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable,
intercity buses or other modes of transportation to have access to the airport;
however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of any DOT-assisted contract covered by 49 CFR Part 26,
or in the award and performance of any concession activity contract covered by 49
CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race,
color, national origin or sex in the administration of its DBE and ACDBE programs
or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this
agreement. Implementation of these programs is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may
impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1936 (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.
Airport Sponsor Assurances 3/2014 Page 19 of'20
39. Competitive Access.
a. If the airport owner or operator of a medium or large rp A
,e h u b ai. o (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 I or August I 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.
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Airport Sponsor Assurances 3/2014 Page 20 of 20
Y,&C- Council Agenda Page I of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/18/2014 - Ordinance No. 21172-03-2014
m =111011
DATE: Tuesday, March 18, 2014 REFERENCE NO.: C-26720
LOG NAME: 55AFW 2014 RNWYEXTGRNT
SUBJECT:
Authorize Application for and Acceptance of, if Awarded, a Grant from the Federal Aviation Administration
in an Amount Up to $20,000,000.00 for the Runway Extension Project at Fort Worth Alliance Airport and
Adopt Appropriation Ordinance (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and acceptance of, if awarded, a grant from the Federal Aviation
Administration in an amount up to $20,000,000.00 for the Runway Extension Project at Fort Worth
Alliance Airport;
2. Authorize the use of land credits in an amount up to $2,222,222.22 for the City of Fort Worth's in-kind
local match of ten percent of the project cost; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Airport Grants Fund in an amount up to $22,222,222.22, subject to receipt of the grant.
DISCUSSION:
Each year, the City receives discretionary funding from the Federal Aviation Administration (FAA)for the
Runway Extension Project (Project) at Fort Worth Alliance Airport(Alliance). The FAA has advised the
City to expect an amount up to $20,000,000.00 in 2014 discretionary funding and has asked that a project
application be submitted. This grant will provide needed funding for the construction phase of the
Project.
In 2001, the City received the first grant for funding the Project which is in completed in phases as
federal funds become available. To date the project has concentrated on preparing for the extension of
the runways. This included the relocation of FM 156 and Burlington Northern Santa Fe (BNSF) Main Line
Railroad. As part of these relocations, Keller Haslet and John Day Roads had to be relocated which
involved numerous right-of-way and easement acquisitions as well as many utility relocations.
With the completion of the relocation of FM 156 and the construction of the BNSF Mainline underway, the
project will shift focus to the final phases of the project. This includes the completion of the runway
extension design phase which should in in April of 2014 and is estimated to be in the amount of
$2,500,000.00. Construction, estimated at$58,500,000.00, should begin in the fall of 2015 and is
expected to be completed in 2017. Staff anticipates that future FAA grants and matching land credits will
fund the balance of this project cost.
Fort Worth Alliance Airport is located in COUNCIL DISTRICT 7, Mapsco 7L.
FISCAL INFORMATION /CERTIFICATION:
I he Financial management Services Director certities that on approval of the above recommendations,
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NI&C- Council Agenda Page 2 of 2
receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the Airport Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
3)GR14 451856 055218702000
3J GR14 488189 055218702990 2122,222.22
3)GR14 5 $20,000.000.00
(VARIOUS) 055218702010
3) GR14 541110 055218702990 I2.222,222.22
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Anne-Marie Stowe (5415)
ATTACHMENTS
I 55AFW 2014 RNWYEXTG GR14
.....AO.docx (Public)
2. AY T POJT.pdf (Public)
http://apps.cfwnet.org/ecouncii/printmc.asp?id=19568&print--true&DocType=Print 4/14/2014
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