HomeMy WebLinkAboutContract 30413 r-o(zT w s(L:t4 OC)
v GRANT AGREEMENT
Origina
U.S. Department CITY SECRETARY ?
of Transportation
Federal Aviation CONTRACT NO. 3D 1
F
Administration
PART I — OFFER
August 24, 2004
Date of Offer
Fort Worth Meacham International
Airport/Planning Area
3-48-0085-13-2004
A/P Grant No.
TO: City of Fort Worth and
(herein called the"Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration,
herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Grant Application dated August 24, 2004,
for a grant of Federal funds for a project(s) at or associated with the Fort Worth Meacham
International Airport, which Grant Application, as approved by the FAA, is hereby incorporated
herein and made a part hereof; and
WHEREAS, the FAA has approved a project(s) for the Airport (or Planning Area) (herein called
the "Project') consisting of the following:
Acquire Land for Noise Compatability, Phase IV-A, within the 65-69 DNL
all as more particularly described in the Grant Application.
FAA Form 5100-37 (10-89) Page 1 of 6
ASW-600 (1/04) ;-
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49,
United States Code, as amended, herein called "the Act", and in consideration of (a) the
Sponsor's adoption and ratification of the representations and assurances contained in said
Grant Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to
accrue to the United States and the public from the accomplishment of the Grant and
compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Grant, ninety-five(95) per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The maximum obligation of the United States payable under this Offer shall be $665,000.00.
For the purposes of any future grant amendments which may increase the foregoing maximum
obligation of the United States under the provisions of Section 47108(b) of the Act, the following
amounts are being specified for this purpose:
$665,000.00 for airport development or noise program implementation.
2. The allowable costs of the project(s) shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States' share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project(s) without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the Secretary shall
prescribe, and agrees to comply with the assurances which were made part of the Grant
application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its
acceptance by the Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Grant unless this offer has been accepted by the Sponsor on or before August 26,
2004, or such subsequent date as may be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds
spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any
other manner in any project upon which Federal funds have been expended. For the purposes
of this grant agreement, the term "Federal funds" means funds however used or dispersed by
the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It
shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share or
to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery
of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to
persons which may arise from, or be incident to, compliance with this grant agreement.
FAA Form 5100-37 (10-89) PAge 2 of 6
ASW-600 (1/04)
9. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance
with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as
stated in Condition No. 1 of this Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent or by an amount not to exceed 25 percent
of the total increase in allowable costs attributable to the acquisition of land or interests in
land, whichever is greater, based on current credible appraisals or a court award in a
condemnation proceeding.
10. INFORMAL LETTER AMENDMENT OF AIP GRANTS: It is mutually understood and
agreed that if, during the life of the Grant, the FAA determines that the maximum grant
obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or
five percent (5%), whichever is greater, the maximum obligation of the United States can be
unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there
is an overrun in the total actual eligible and allowable project costs, FAA may increase the
maximum grant obligation of the United States to cover the amount of the overrun not to exceed
the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further
understood and agreed that if, during the life of the Grant, the FAA determines that a change in
the grant description is advantageous and in the best interests of the United States, the change
in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the
aforementioned letter, either the grant obligation of the United States is adjusted to the amount
specified or the grant description is amended to the description specified.
11. AIR AND WATER QUALITY: Approval of the project(s) included in this agreement is
conditioned on the Sponsor's compliance with applicable air and water quality standards in
accomplishing project construction. Failure to comply with this requirement may result in
suspension, cancellation, or termination of Federal assistance under this agreement.
12. FOR SPONSORS USING LETTER OF CREDIT: The Sponsor agrees to request cash
drawdowns on the letter of credit only when actually needed for its disbursements and to timely
reporting of such disbursements as required. It is understood that failure to adhere to this
provision may cause the letter of credit to be revoked.
13. GRANTS ISSUED ON ESTIMATES: It is understood and agreed by and between the
parties hereto that this Grant Offer is made and accepted based on estimates for the Acquisition
of Land/Relocation for Development; and the parties hereby covenant and agree that within 100
days from the date of acceptance of this Grant Offer, the Sponsor shall receive bids for the
properties contained within the grant description.
14. FOR GRANTS WITH LAND ACQUISITION: It is understood and agreed by and between the
parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon the
basis of the current Exhibit"A" Property Map, the Sponsor hereby covenants and agrees that upon
completion of the land acquisition in this project, it will update said Exhibit "A" Property Map to
standards satisfactory to the Federal Aviation Administration (FAA) and submit said documentation
in final form to the FAA. It is further mutually agreed that the reasonable cost of developing said
Exhibit "A" Property Map is an eligible administrative cost for participation within the scope of this
project.
15. UTILITY RELOCATION IN GRANT: It is understood and agreed by the parties hereto that
the United States shall not participate in the cost of any utility relocation unless and until the
Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible
for payment of such costs. FAA participation will be limited to those utilities located on private
FAA Form 5100-37 (10-89) Page 3 of 6
ASW-600(1/04)
right-of-way or utilities that exclusively serve the Airport.
16. REVENUE FROM REAL PROPERTY - LAND IN GRANT: The Sponsor agrees that all net
revenues produced from real property purchased in part with Federal funds in this grant shall be
used on the airport for airport planning, development, or operating expenses, except that all
income from real property purchased for noise compatibility purposes or for future aeronautical
use be used only to fund projects which would be eligible for grants under the Act. Income from
noise or future use property may not be used for the Sponsor's matching share of any airport
grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of
these funds.
17. FUTURE DEVELOPMENT LAND: The Sponsor agrees to perform within 3 years of this
Grant the airport development that requires this land acquisition, and further agrees not to
dispose of the land by sale or lease without prior consent and approval of the Federal Aviation
Administration. In the event the land is not used within the 3 years for the purpose for which it
was acquired, the Sponsor will refund the federal share of acquisition cost or the current fair
market value of the land, whichever is greater.
18. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain
and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones (RPZ):
a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to
prevent the erection or creation of any structure or place of public assembly in the RPZ,
except for NAVAIDS that are fixed by their functional purposes or any other structure
approved by the FAA. Any existing structures or uses within the RPZ will be cleared or
discontinued unless approved by the FAA.
b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take
any and all steps necessary to ensure that the owner of the land within the designated RPZ
will not build any structure in the RPZ that is a hazard to air navigation or which might create
glare or misleading lights or lead to the construction of residences, fuel handling and storage
facilities, smoke generating activities, or places of public assembly, such as churches,
schools, office buildings, shopping centers, and stadiums.
c. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire
fee title or less-than-fee interest in the RPZ for runways that presently are not under its
control within 1 year of this Grant Agreement. Said interest shall provide the protection
noted in above Subparagraphs a and b.
19. NOISE PROJECTS ON PRIVATELY-OWNED PROPERTY: No payment shall be made
under the terms of this Grant Agreement for work accomplished on privately-owned land
until the Sponsor submits the agreement with owner of the property required by Assurance
5d of the Assurances, Airport Sponsors, and such agreement is determined to be
satisfactory. As a minimum, the agreement with the private owner must contain the
following provisions:
a. The property owner shall subject the construction work on the project to such inspection
and approval during the construction or installation of the noise compatibility measures
after completion of the measures as they may reasonably be requested by the Secretary
or the Sponsor.
b. The property owner shall assume the responsibility for maintenance and operation of the
items installed, purchased, or constructed under this Grant Agreement. Neither the
Federal Aviation Administration nor the Sponsor bears any responsibility for the
maintenance and operation of these items.
FAA Form 5100-37 (10-89) Page 4 of 6
ASW-600(1/04)
c. The owner of the private property, or the owner's agent, the property owner shall agree
to maintain and make available to the Secretary or the Sponsor, upon reasonable
request, records disclosing the amount of funds received and the disposition of those
funds.
d. The property owner's right to sue the owner of Fort Worth Meacham International Airport
for adverse noise impacts will be abrogated if the property owner deliberately or willfully
acts to reduce or destroy the effectiveness of the noise compatibility measures during
the useful life of such measures. This obligation shall remain in effect throughout the
useful life of the noise compatibility measures, but not to exceed 20 years from the date
of the Sponsor's acceptance of Federal aid for the project.
The Sponsor's acceptance of this Offer and ratification and adoption of the Grant 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 Grant and compliance with the
assurances and conditions as provided herein. Such Grant Agreement shall become effective
upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
i
(Signature
J. Michael Nicely
...._._..._...._
(Typed Name)
Manager, Texas Airports Development Office
_ - .._.._......
(Title)
FAA Form 5100-37 (10-89) Page 5 of 6
ASW-600 (1/04)
PART 11 - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Grant 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 Grant
Application.
Executed this day of , 20
_............._.....__..... ----- __._. - ---.._ —� _.—............._..
( e of Sp or)
SEAL (Signature of onsor's De gna d cial
} Representativ )
(Typed Name of Sponsor's Designated Official
Representative)
Title:
Attest: (Typed Title of Sponsor's Designated Official
Mntative)
_ - __ _ *-' .- ) 44I 3
Contract Authorrizatioa
CE IFICATE OF SPONSOR'S ATTORNEY &�A-0�
I, acting asDA�torrney 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 . Further, I have examined the foregoing Grant
Agreement and the actions take by said Sponsor and Sponsor's official representative has
been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and the Act. In addition, for grants involving projects
to be carried out on property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that the said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at Y-',�' 41 f c this S441 day of AuG , 20_Lq.
By
ignature of Sp nsor's Attorney)
FAA Form 5100-37 (10-89) Page 6 of 6
ASW-600 (1/04)
OMB Approval No.0348-•0043
APPLICATION FOR 2 DATE 8/17/04 Appiidrnldentifier
FEDERAL ASSISTANCE
1. TYPE OF 3. DATE REGENED BY STATE Slate ApO cation Identifier
utl :
Annillimadho Preappacatlon
[riiRwnK:tiM _ ❑ Construction
4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
®
Non-Construction ❑ Non-Construchon
5. APPLICANT INFORMATION
Legal Name: Organizational Unit:
CITY OF FORT WORTH AVIATION DEPARTMENT
Address(give cfiy,caounty,state,and zip code) Name and telephone number of the person to be contracted on matters involving
Aviation Department-Meacham International Airport this applicaeon(give area code)
4201 N.Main Street,Suite 200 MICHAEL FEELEY
Fort Worth,Texas 76016 DIRECTOR OF AIRPORT SYSTEMS
(817)871-5403
EMPLOYER IDENTIFICATION NUMBER(EIN): 7. TYPE OF APPLICANT: (en tarappropialle letter in box) C
❑ ❑ _ A. Slate H. Interdependent School District
11 E] 11 [11 ❑ ❑ 11 f
B. County I. State Controlled Institution of Higher Leeming
C. Municipal J. Private University
8. TYPE OF APPLICATION: D. Township K. Indian Tribe
E. Interstate L. Individual
F. Intermunicipal M.Profit Organization
❑ New ® Continuation ❑ Revision G. Special District N. 011ier(Specify)
If Revision,enter appropriate Wer(s)in box(es): ❑ ❑
A Increase Award B Decrease Award C Increase Duration
D Decrease Duration Other(specify)
9, NAME OF FEDERAL AGENCY
FEDERAL AVIATION ADMINISTRATION,SW REGION
FORT WORTH,TEXAS 76193-0650
10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT:
ASSISTANCE NUMBER Land Acquisition for Noise Compatibility and/or Avigation
TITLE: Airport Improvement El ID - El El El Easements.
Program AIP
12. AREAS AFFECTED BY PROJECT(c/Nes,countless states,etc.):
CITY OF FORT WORTH/NORTH TARRANT COUNTY
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF
Start Date Ending Date a. Applicant b. Project
Aug.04 Oct.05 TEXAS 12 TEXAS 12
15.ESTIMATED FUNDING 18. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS
a. Federal $ 665,000 •00 a. YES, THIS PREAPPLICATIOWAPPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
b. Applicant $ 35,000 .00
c. State $ .00 DATE:
d. Local $ .00 b. NO
PROGRAM IS NOT COVERED BY E.O.12372
e. Other $ w ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
I. Program income $ .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL $ 700,000 •00 ❑ Yes II yes,attach an expianation ® No
18, TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY
AUTFIORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS
AWARDED
a. Typed Name of Authorized Representative b. T irde c. Telephone number
MARC OTT T MANAGER 81 871-6122
a. signatu a 7�e fie-.;Dace signed
Previous Ed*fts Not Usable Standard Form 424 (REV 4-88)
Aut orized for Local Reproduction Prescribed by OMB Cirwlar A 102
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.84R0184
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1
Does this assistance request require State, local, Name of Goveming Body NCTCOG
regional, or other priority rating? Priority N/A
®Yes FIND
Item 2.
Does this assistance request require State, local Name of Agency or Board NCTCOG
advisory, educational or health clearances? (Attach Documentation)
®Yes®No
Item 3
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
®Yes ❑No
Item 4
Does this assistance request require State, local, Name of Approving Agency NCTCOG
regional or other planning approval? Date
®Yes ❑No
Check One: State
Item 5. Local
Is the proposed project covered by an approved Regional ❑
comprehensive plan?
®Yes❑No Location of plan CITY OF FORT WORTH
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Federal Population benefiting from Project
❑Yes®No
Item 7
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
[]Yes ®No percent of Project
Item B
Will the assistance requested have an impact or effect
on the environment?
❑Yes ®No
Number of:
Item 9. Individuals
Will the assistance requested cause the displacement of Families 10
individuals, families, businesses, or farms? Businesses
®Yes❑No Farms
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
❑Yes ®No
FAA Forth 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.8480184
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:
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:
N/A
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 cant'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:
N/A
4. Land.—(a) The sponsor holds the following property interest in the following areas of land*which are to be
developed or used as part of or in connection with the Airport subject to the following exceptions,
encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map
designated as Exhibit W:
See attached Exhibit "A"
*State character of property interest in each area and list and identify for each all exceptions, encumbrances,
and adverse interests of every kind and nature,,including liens, easements, leases, etc. The separate areas
of land need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100(4-781 Pago 3a
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.804:0184
PART Q—SECTION C(Continued)
The Sponsor farther certifies that the above is tressed on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interests.
(a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any
construction work under the Project, the following property interest in the following areas of land" on which
such construction work is to be performed, all of which areas are identified on the aforementioned property
map designated as Exhibit°A°:
(c)"rhe 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 W:
5_ Exclusive Rights. —There is no grant of an exclusive right for the conduct of any aeronautical activity
at any airport owned or controlled by the Sponsor except as follows:
'State character of property interest in each area and list and identify for each all exceptions, encumbrances,
and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas
of land need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100(4-78) Pne 3b
FAA AC 81-08613
U.S.DEPARTMENT OF TRANSPORTATION FEDMAL AVIATION AOMIMISTRATION OMB NO.904"94
PART III—BUDGET INFORMATION-CONSTRUCTION
SECTION A-GENERAL
1. Federal Domestic Assistance Catalog No.. . . . . . . . . . . . . . .. . . .
2. Functional or Other Breakout.. . . . . . . . . . . . . . . . . . . . . . . . .. . . .
SECTION B-CALCULATION OF FEDERAL GRANT
Use only for revisions
Cost Classification Latest Approved Adjustment Total
Amount +or(-) Amount
Regulred
1. Administration Expense $ $ $ 346,818
2. Preliminary Expense
3. Land,structures,right-f-way 208,000
4. Architectural engineering basic fees 122,597
5. Other architectural engineering fees
6. Project inspection fees 44,300
7. Land development
8. Relocation Expenses 49,500
9. Relocation payments to individuals and businesses
10. Demolition and removal 30,000
11. Construction and project improvement
12. Equipment
13, Miscellaneous
14. Total (Lines 1 through 13) 801,225
15. Estimated Income(if applicable)
16. Net Project Amount(Line 14 minus 15) 801,225
17. Less:Ineligible Exclusions
18. Add:Contingencies (101,225)
19. Total Project Amt. (Excluding Rehabilitation Grants) 700,000
20. Federal Share requested of Line 19 665,000
21. Add Rehabilitation Grants Requested(100 percent)
22. Toth Federal grant requested(Lines 20&21) 665,000
23. Grantee share 35,000
24. Other shares
25. Total project(Lines 22,23,&24) 700,000
FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4
SECTION C-EXCLUSIONS
Classfication Ineligible for Excluded from
Participation Contingency Provision
26 7 2
a. $ $
b..
C.
d.
e.
f.
g. Totals
SECTION D-PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share $
a.Securities
b.Mortgages
c.Appropriations(By Applicant) 35,000
d.Bonds
e.Tax Levies
f.Non Cash
g.Other(Explain)
h.TOTAL—Grantee share
28. Other Shares
a. State
b.Other
c.Total Other Shares
28. TOTAL S 35,000
SECTION E -REMARKS
GRANTEE SHARE IS PROVIDED THROUGH VALUE OF DONATED LAND
PROGRAM NARRATIVE STATEMENT
Fort Worth Meacham International Airport
FAA Grant Application for FAR Part 150 Noise Mitigation Program
An FAA Part 150 Noise Study was conducted for Fort Worth Meacham International
Airport and approved by the Federal Aviation Administration (FAA). The Noise Study's
Noise Compatibility Program (NCP) identified various noise abatement alternatives. The
alternative proposed for implementation at this time by the City of Fort Worth includes
land acquisition for noise compatibility.
The City of Fort Worth has completed work on the purchase of avigation easements for
Phases I & II and the acquisition of 36 parcels and one avigation easement for Phase III.
The remaining Phase(IV) has been subdivided into the following three phases:
Phase IV-A is the fee simple acquisition of 85 parcels (38 improved and 47 vacant
lots) all to be incorporated into the airport boundary for aviation reuse. Currently a total
of 51 properties have been acquired in Phase IV-A utilizing FAA grant funds of
$4,000,000. In order to complete the acquisition of the 34 remaining parcels (10
improved properties and 24 vacant lots) an additional $665,000 is being requested. This
additional grant will be used to finish the acquisition of the remaining parcels as stated
above, plus 16 vacant lots that are currently owned by the local taxing jurisdictions
because of tax foreclosures.
Phase IV-AA is the acquisition of 9 parcels (6 improved properties and 3 vacant
lots) all to be incorporated into the airport boundary for aviation reuse. To date, 4
improved properties and 2 vacant have been acquired. Grant funds used for these
purchases were transferred from the Phase I& II grant.
Phase IV-B will be the remainder of the parcels (30) in the original Phase IV and
an application for a grant of$3,230,000 will be submitted for the fiscal year 2005.
A recap of the total estimated budget for Phase IV is as follows:
PHASE FAA GRANT AMOUNT CITY MATCH TOTAL
IV-A $4,000,000 (3-48-0085-1202) $444,444 $4,444,444.00
FV-A $ 665,000 (this application) $ 35,000 $ 700,000.00
IV-B $3,230,000 (f y 2005 request) $170,000 $3,400,000.00
TOTAL ESTIMATED REVISED BUDGET FOR PHASE IV $8,544,444.00
These budgeted amounts are based on the costs experienced in Phase III and thus far in
Phase IV-A-
PROGRAM NARRATIVE STATEMENT(continued)
The noise impacted area incorporates the area generally within the 65 Ldn contour of the
FAR Part 150 Noise Study. Areas included within the project boundary but outside of
the 65 Ldn contour are included to minimize community disruption. Each phase, for
planning purposes, will be completed in the order of their numbered priority before
moving to the next phase. However, some flexibility will need to be written into the
grant agreement to address hardship cases throughout the total project area.
Cost assumptions are contained within the attached project cost estimates. Please note
that condemnation may be necessary to accomplish the objectives of the remaining
parcels.
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PART V
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,and noise
compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title
49,U.S.C.,subtitle VII,as amended. As used herein,the term"public agency sponsor'means a public agency with control of a public-use
airport;the term"private sponsor"means a private owner of a public-use airport;and the term"sponsor'includes both public agency
sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and
assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project,or throughout the useful life of the project items installed within a
facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant
offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the terms,conditions,and assurances
with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the
assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a
private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less than ten(10)years from the date of
acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2, 3, 5,6, 13, 18,30,
32,33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant agreement shall remain in full
force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,regulations,executive orders,policies,guidelines,and
requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49,U.S.C.,subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(a),et se .1
C. Federal Fair Labor Standards Act-29 U.S.C.201,et seq.
d. Hatch Act-5 U.S.C. 1501,et sea.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,et sea.1 2
f. National Historic Preservation Act of 1966-Section 106-16 U.S.C.470(f).1
g. Archeological and Historic Preservation Act of 1974-16 U.S.C.469 through 469c.1
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001, et seg.
i. Clean Air Act,P.L.90-148,as amended.
j. Coastal Zone Management Act, P.L.93-205, as amended.
k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C.4012a.1
I. Title 49,U.S.C.,Section 303,(formerly known as Section 4(0)
m. Rehabilitation Act of 1973-29 U.S.C.794.
n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4.
o. Age Discrimination Act of 1975-42 U.S.C.6101,et seg.
p. American Indian Religious Freedom Act,P.L.95-341,as amended.
q Architectural Barriers Act of 1968-42 U.S.C.4151,et sea.1
r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.8373.1
s. Contract Work Hours and Safety Standards Act-40 U.S.C.327,et seg.1
t. Copeland Antikickback Act-18 U.S.C.874.1
u. National Environmental Policy Act of 1969-42 U.S.C.4321,et seg.1
v. Wild and Scenic Rivers Act,P.L.90-542,as amended.
w. Single Audit Act of 1984-31 U.S.C.7501,et seg.2
X. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Airport Assurances (9/99) V-1
Executive Orders
Executive Order 11246-Equal Employment Opportunityl
Executive Order 11990-Protection of Wetlands
Executive Order 11998—Flood Plain Management
Executive Order 12372-Intergovernmental Review of Federal Programs.
Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction)
Executive Order 12898-Environmental Justice
Federal Regulations
a. 14 CFR Part 13-Investigative and Enforcement Procedures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
C. 14 CFR Part 150-Airport noise compatibility planning.
d. 29 CFR Part 1 -Procedures for predetermination of wage rates.1
e. 29 CFR Part 3-Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from
the United States.)
f. 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed and assisted construction(also
labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards
Act).1
g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of Labor
(Federal and federally assisted contracting requirements).1
h. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3
i. 49 CFR Part 20-New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of
the Civil Rights Act of 1964.
k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions.
1. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.1 2
m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs.
n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal
financial assistance.)
o. 49 CFR Part 29—Government wide debarment and suspension(non-procurement)and government wide requirements for drug-
free workplace(grants).
p. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market
access to U.S.contractors.
q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building construction.1
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-133-Audits of States,Local Governments,and Non-Profit Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors-
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance.
Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private
sponsors receiving Federal assistance under Title 49,United States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant,and to finance and carry out the proposed project;that a
resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the
filing of the application,including all understandings and assurances contained therein,and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsor:It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all
terms,conditions,and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and
authorize that person to file this application,including all understandings and assurances contained therein;to act in connection with
this application;and to provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project casts which are not to be paid by the United
States. It as sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or
control.
4. Good Title.
a. It,a public agency or the Federal government,holds good title,satisfactory to the Secretary,to the landing area of the airport or site
thereof,or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good title satisfactory to the Secretary
to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good tiUe.will be
obtained.
Airport Assurances(9/99) V-2
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of
the terms,conditions,and assurances in the grant agreement without the written approval of the Secretary,and will act promptly to
acquire,extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the
sponsor.This shall be done in a manner acceptable to the Secretary.
b. It will not sell,lease,encumber,or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit
A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been
expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49,United States Code,to assume the obligations of the grant agreement
and to have the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest,and make binding upon the transferee all of the terms,conditions,and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned
by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise
specified by the Secretary,that agreement shall obligate that government to the same terms,conditions,and assurances that would be
applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there
is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an agreement with the owner of
that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property
owner whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a
public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an
employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and
maintained in accordance Title 49, United States Code,the regulations and the terms,conditions and assurances in the grant
agreement and shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this application)of
public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49,United States Code,it has
undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension,it has afforded the
opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when
requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further, for such projects,it has on its
management board either voting representation from the communities where the project is located or has advised the communities that they
have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it will provide for the
Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,designed,
constructed,and operated so as to comply with applicable air and water quality standards. In any case where such standards have not
been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within
sixty days after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of
pavement at the airport,it assures or certifies that it has implemented an effective airport pavement maintenance-management program and
it assures that it will use such program for the useful life of any pavement constructed,reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49,it
has,on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under section
44706 of Title 49,United States Code,and all the security equipment required by rule or regulation,and has provided for access to the
passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the
grant,the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the
cost of the project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall
be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United Slates,or any of their duly authorized
representatives,for the purpose of audit and examination,any books,documents,papers,and records of the recipient that are
pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or used,it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six(6)months following the close of the fiscal year for which the audit was made.
Airport Assurances (9/99) V-3
14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on any projects funded under the grant agreement
which involve labor, provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor,in accordance with the
Davis-Bacon Act,as amended(40 U.S.C.276a-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rales
shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor,such
provisions as are necessary to insure that,in the employment of labor(except in executive,administrative,and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,United States Code.
However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment
relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications,and schedules approved by the
Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction,or other performance under this grant agreement,and,upon approval of the Secretary,shall be incorporated into this grant
agreement. Any modification to the approved plans,specifications,and schedules shall also be subject to approval of the Secretary,and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout
the project to assure that the work conforms to the plans,specifications,and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project 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. t will grant the Secretary the right to disapprove the sponsors employment of specific consultants and their subcontractors to do all or
any part of this project as well as the right to disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material
developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any
pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled
by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation, It will not cause or
permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal to temporarily
close the airport for non-aeronautical purposes must first be approved by the Secretary.
In furtherance of this assurance,the sponsor will have in effect arrangements for-
(1)Operating the airport's aeronautical facilities whenever required;
(2)Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions;and
(3)Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when
snow,flood or other climatic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as
requiring the maintenance, repair,restoration,or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been
expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument
and visual operations to the airport(including established minimum Flight altitudes)will be adequately cleared and protected by removing,
lowering,relocating,marking,or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use. It will take appropriate action,to the extent reasonable,including the adoption of zoning laws,to restrict the use of
land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations,including
landing and takeoff of aircraft. In addition,if the project is for noise compatibility program implementation,it will not cause or permit any
change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program
measures upon which Federal funds have been expended.
Airport Assurances (9/99) V-4
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds
and classes of aeronautical activities,including commercial aeronautical activities offering services to the public at the airport.
b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person,firm,or
corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert
and enforce provisions requiring the contractor to-
(1) furnish said services on a reasonable,and not unjustly discriminatory,basis to all users thereof,and
(2) charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts,rebates,or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates,fees,rentals,and other charges as are uniformly applicable
to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted
by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,nontenant,or subtenant of another air carrier tenant)shall be subject to such
nondiscriminatory and substantially comparable rules,regulations,conditions,rates,fees,rentals,and other charges with respect to
facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use
of such airport and utilize similar facilities,subject to reasonable classifications such as tenants or nontenants and signatory carriers
and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an
air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,firm,or corporation operating aircraft on the
airport from performing any services on its own aircraft with its own employees[including,but not limited to maintenance, repair,and
fueling]that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved will be
provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers
authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide,aeronautical
services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not
be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly,burdensome, or impractical for more than one fixed-based operator to provide such services,and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an
existing agreement between such single fixed-based operator and such airport.
It further agrees that it will not,either directly or indirectly,grant or permit any person,firm,or corporation,the exclusive right at the
airport to conduct any aeronautical activities,including,but not limited to charter flights, pilot training,aircraft rental and sightseeing,
aerial photography,crop dusting,aerial advertising and surveying,air carrier operations,aircraft sales and services,sale of aviation
petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,sale of
aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an
aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. 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.
Airport Assurances (9/99) V-5
25. Airport Revenues,
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it
for the capital or operating costs of the airport; the local airport system;or other local facilities which are owned or operated by the
owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or
property;or for noise mitigation purposes on or off the airport. Provided,however, that if covenants or assurances in debt obligations
issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3, 1982,in
governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of the airport owner or
operator's facilities,including the airport,to support not only the airport but also the airport owner or operators general debt obligations
or other facilities,then this limitation on the use of all revenues generated by the airport(and,in the case of a public airport,local taxes
on aviation fuel)shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review,and the
resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph(a),and indicating whether
funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with TiUe 49, United States Code and
any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107
of Title 49, United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make
such reports available to the public;make available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport,including deeds,leases,
operation and use agreements,regulations and other instruments,available for inspection by any duly authorized agent of the
Secretary upon reasonable request;
C. for noise compatibility program projects,make records and documents relating to the project and continued compliance with the terms,
conditions,and assurances of the grant agreement including deeds,leases,agreements,regulations,and other instruments,available
for inspection by any duly authorized agent of the Secretary upon reasonable request,and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal
years, an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made;and
(ii) all services and property provided by the airport to other units of government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all
those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times
without charge,except,if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such
use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by
the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such
aircraft are in excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized
aircraft,or during any calendar month that-
a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or
b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross
accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross
weights of such aircraft)is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air
navigation activities,or weather-reporting and communication activities related to air traffic control,any areas of land or water,or estate
therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction,operation,and maintenance
at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein
within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions
thereto,together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;(2)the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,
aprons,terminal buildings,hangars and roads),including all proposed extensions and reductions of existing airport facilities;and(3)
the location of all existing and proposed nonaviation areas and of all existing improvements thereon.Such airport layout plans and
each amendment, revision,or modification thereof,shall 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.
Airport Assurances (9/99) V-6
b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety,utility,or
efficiency of any federally owned, leased,or funded property on or off the airport and which is not in conformity with the airport layout
plan as approved by the Secretary,the owner or operator will,if requested,by the Secretary(1)eliminate such adverse effect in a
manner approved by the Secretary;or(2)bear all costs of relocating such property(or replacement thereof)to a site acceptable to the
Secretary and all costs of restoring such property(or replacement thereof)to the level of safety, utility,efficiency,and cost of operation
existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color,national
origin,sex,age,or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant.
This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,except where
Federal financial assistance is to provide,or is in the form of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a)the
period during which the property is used for a purpose for which Federal financial assistance is extended,or for another purpose involving
the provision of similar services or benefits,or(b)the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,it will dispose of the land,when the land is no longer needed
for such purposes,at fair market value,at the earliest practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States'share of acquisition of such land will,at the discretion of the Secretary, 1)be paid to the Secretary
for deposit in the Trust Fund,or 2)be reinvested in an approved noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development purposes(other than noise compatibility),it will,when the land is no
longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal
to the United States'proportionate share of the fair market value of the land. That portion of the proceeds of such disposition
which is proportionate to the United States'share of the cost of acquisition of such land will,(a)upon application to the Secretary,
be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the
national airport system,or(b)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if(a)it may be needed for aeronautical
purposes(including runway protection zones)or serve as noise buffer land,and(b)the revenue from interim uses of such land
contributes to the financial self-sufficiency of the airport. Further,land purchased with a grant received by an airport operator or
owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,
and the land continues to be used for that purpose,such use having commenced no later than December 15,1989.
c. Disposition of such land under(a)or(b)will be subject to the retention or reservation of any interest or right therein necessary to
ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction management,
planning studies,feasibility studies,architectural services, preliminary engineering,design,engineering,surveying,mapping or related
services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX
of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the
sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or
service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved
by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated 7/1/99
and included in this grant,and in accordance with applicable state policies,standards,and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property,to the greatest extent practicable under State
law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2)It will provide a relocation assistance program offering the services described in Subpart C and fair and
reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3)It will make
available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance
with Subpart E of 49 CFR Part 24,
36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable,intercity buses or other modes of
transportation to have access to the airport,however,it has no obligation to fund special facilities for intercity buses or for other modes of
transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race,color,national origin or sex in the award
and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.The
Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration
of DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT,is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terns shall be treated as a
violation of this agreement.Upon notification to the recipient of its failure to carry out its approved program,the Department may impose
sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801).
Airport Assurances (9/99) V-7
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1/99
The following apply to both AIP and PFC Projects
NUMBER TITLE
70/7460-1J Obstruction Marking and Lighting
150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airport Surface Movement Sensors
150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-78 Aircraft Fire and Rescue Communications
150/5210-13A Water Rescue Plans, Facilities, and Equipment
150/5210-14A Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue& Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5210-19 Driver's Enhanced Vision System(DEVS)
150/5220-46 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10B Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-16B Automated Weather Observing Systems for NonFederal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19 Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting
Vehicles
150/5220-20, CHG 1 Airport Snow and Ice Control Equipment
150/5220-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
15015300-13, CHG 1, 2,3,4, 5 Airport Design
150/5300-14 Design of Aircraft Deicing Facilities
150/5320-5B Airport Drainage
150/5320-6D Airport Pavement Design and Evaluation
150/5320-12C Measurement, Construction,and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5320-16 Airport Pavement Design for the Boeing 777 Airplane
150/5325-4A, CHG 1 Runway Length Requirements for Airport Design
150/5340-1 G Standards for Airport Markings
150/5340-4C,CHG 1 &2 Installation Details for Runway Centerline Touchdown Zone Lighting
Systems
150/5340-58, CHG 1 Segmented Circle Airport Marker System
150/5340-14B, CHG 1 & 2 Economy Approach Lighting Aids
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C, CHG 1 Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
150/5340-24, CHG 1 Runway and Taxiway Edge Lighting System
150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D, CHG 1 Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
Airport Assurances (9/99) V-8
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1/99
NUMBER TITLE
150/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-266, CHG 1 &2 Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D, CHG 1 Precision Approach Path Indicator(PAPI) Systems
150/5345-39B, CHG 1 FAA Specification L853, Runway and Taxiway Centerline Retroreflective
Markers
150/5345-42C, CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes
and Accessories
150/5345-43E Specification for Obstruction Lighting Equipment
150/5345-44F, CHG 1 Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L854, Radio Control Equipment
150/5345-50, CHG 1 Specification for Portable Runway Lights
150/5345-51, CHG 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5345-53A, (including addendum) Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A Airport Signing&Graphics
150/5360-13, CHG 1 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C Operational Safety on Airports During Construction
150/5370-10A Standards for Specifying Construction of Airports
CHG 1, 2, 3,4, 5,6, 7, 8, 9
150/5390-2A Heliport Design
150/5390-3 Vertiport Design
The following apply to AIP Projects only
NUMBER TITLE
150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
150/5200-30A, CHG 1 &2 Airport Winter Safety and Operations
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5370-11, CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport
Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5370-613 Construction Progress and Inspection Report-Airport Grant Program
The following apply to PFC Projects only
NUMBER TITLE
150/5000-12 Announcement of Availability-Passenger Facility Charge(PFC)Application
(FAA Form 5500-1)
Airport Assurances (9/99) V-9
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/24/2004 - Ordinance No. 16093
DATE: Tuesday, August 24, 2004
LOG NAME: 55NOISEMITIV-B REFERENCE NO.: G-14473
SUBJECT:
Accept Federal Aviation Administration Grants; Adopt Appropriation Ordinances for Phase IV-A and
Phase IV-13 of the Noise Mitigation Program at Fort Worth Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to
1. Accept and execute grants from the Federal Aviation Administration (FAA) in the amount of$665,000
and $3,230,000 respectively, for assistance in acquiring land and purchasing avigation easements
for noise compatibility at Fort Worth Meacham International Airport; and
2. Authorize the transfer of funds in the amount of$35,000 and $170,00 respectively, from the Aviation
Improvements Capital Projects Fund to the Airport Grants Fund for the City's match; and
3. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the
Airport Grants Fund by $700,000 and $3,400,000 subject to receipt of the grants.
DISCUSSION:
On April 6, 1993 (M&C G-10116), the City Council approved the adoption of the Federal Aviation
Regulation Part 150 Noise Study for Fort Worth Meacham International Airport. The Noise Study program
consists of four phases. Phases I and II were completed on February 29, 2000. Phase III was completed
September 30, 2002. Phase IV, with a total of 115 Parcels, was divided into Phase IV-A and Phase IV-B
because the amount of the initial funding was not sufficient to acquire all the parcels in Phase IV.
PHASE IV-A
Phase IV-A is the simple acquisition of 85 parcels (38 improved and 47 vacant lots) all to be incorporated
into the airport boundary for aviation reuse. Currently, a total of 51 properties have been acquired in
Phase IV-A utilizing a FAA grant with City match totaling an amount of $4,444,444. In order to complete
the acquisition of the 34 remaining parcels (10 improved properties and 24 vacant lots) and additional
grant is being requested in the amount of $665,000 with a City match in the amount of $35,000 for a total
grant amount of $700,000. This additional grant will be used to finish the acquisition of the remaining
parcels as stated above, plus 16 vacant lots that are currently owned by the local taxing jurisdictions
because of tax foreclosures.
PHASE IV-B
Phase IV-B will be the remaining 30 parcels in the original Phase IV. A grant will be requested in fiscal
year 2005 for the amount of $3,230,000 with a City match in the amount of $170,000, for a total grant
amount of $3,400,000 to fund these remaining parcels.
Logname: 55NOISEMITIV-B T -
Phase IV BUDGET RECAP
PHASE FAA GRANT AMOUNT CITY MATCH TOTAL
IV-A $4,000,000 $444,444 $4,444,444
IV-A $ 665,000 $ 35,000 $ 700,000
1V-B $3,230,000 $170,000 $3,400,000
TOTAL RECAP $7,895,000 $649,444 $8,544,444
These budgeted amounts have been reviewed by City Staff and have been presented to the FAA for
review and acceptance.
FUNDING OF CITY MATCH
The City participation for these two grants is $35,000 and $170,000 respectively, for a total City match in
the amount of $205,000. Most of this amount can be funded with $178,056, which is the remaining
balance of Certificates of Obligation sold in March 2002 and March 2003 for the Meacham Airport Noise
Mitigation Program. The remaining City participation needed in the amount of $26,944 is available in
Certificates of Obligation also sold in March 2003 for Meacham International Airport Improvements.
Fort Worth Meacham International Airport is located in Council District 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and execution of the above recommendations, adoption of
the attached appropriation ordinance and receipt of the grant, funds will be available in the current capital
budget, as appropriated, of the Airport Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 472024 055218954000 $35,000.00
GR14 488716 055218954000665 000.00
GR14 5(VARIOUS)055218954010 $700,000.00
GR14 472024 055218974000 $170.000.00
GR14 488716 055218974000 $3.230,000.00
GR14 5(VARIOUS) 055218974010 $33,400 000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Oriainatin� Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55NOISEMITIV-B -