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Contract 37217
�1 CONTRACTCITY "ECRETARY , 7� NO. _ l U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I—OFFER June 12, 2008 ............................................................................................................................- Date of Offer Fort Worth Alliance ........................................................................................... ........................................................................... AirporbPlanning Area 3-48-0296-35-2008 ............................................................................................................................... Grant No 073170458 DUNS No TO: City of Fort Worth (herein called the"Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the"FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated April 15, 2008, for a grant of Federal funds for a project at or associated with the Fort Worth Alliance Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport(or Planning Area) (herein called the "Project") consisting of the following: Rehabilitate Airfield Pavement; Replace Airport Signage; Credit as the complete local share for donation of parcel H-24 all as more particularly described in the Project Application. fJJ�6 c ! /9rU1 --J 05-13-08 P12: 01 IN FAA Form 5100-37(10-89)-5100-38C 1 of 7 ' f NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of(a)the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b)the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 95 per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be$891,298. 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: $891,298 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States'share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before June 18, 2008, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the 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 tter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determ h ej grant description is advantageous and in the best interests of the r � s � a.l FAA Form 5100-37(10-89)-5 I 0-411 2 Of 7 '1 y�1 �uGUa United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP)assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI)survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements,"the frequency of inspections may be extended to three years. (2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements,"for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 12. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF$250,000: The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. T raci shall include as a minimum: (1) The name c f tl � A . r,' w in g the Sponsor who has overall responsibility for contract administration thf, authority to take necessary actions to comply with the contract. FAA Form 5100-37(10-89) 00, C 1�� 3 of 7 i 5 . i (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out-of-tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 13. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 14. TRAFFICKING IN PERSONS: a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients'employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a.private entity— i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either-- i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual te�a-organization-*hart--a�e provided in 2 CFR part 180, "OMB Guidelines to Agencies on Govern`nr Jeb. m 1a d Suspension (Nonprocurement),"as implemented by our age a. ,.. FAA Form 5100-37(10-89)-5 00-3`$ �° p"�' 4 of 7 C. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor"means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons,""commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 15. 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. 16. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. c. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or less-than-fee interecc}t--iEr-E Runway Prot,t' n Zones for runways that presently are not under its control within_years of tiiFr�tjAgrer ;ec , yid interest shall provide the protection noted in above Subparagraphs a ar'd b "i FAA Form 5100-37(10-89)-5100-38C 5 Of 7 17. AIR AND WATER QUALITY: Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply with this requirement may result in suspension, cancellation, or termination of Federal assistance under this agreement. 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 FED AnnLAA AVIATION JJADMINISTRATION L i!�`i cJlt, N (Signature) J. Michael Nicely .............................................................................................................................................................................................................................................. (Typed Name) Manager, Texas Airports Development Office .............................................................................................................................................................................................................................................. (Title) FAA Form 5100-37(10-89)-5100-38C 6 of 7 PART II-ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 1 day of_ �4 City of Fort Worth ..................................................................................................................................................................................................................................................................... (Name of Sponsor) eo g�kL1 uthori3aUon (Signature of ponsor's Designated Official � �0� Representative) By: T.M. Higgins ...................... .......................................................................................................................................................................................................................................... Date (Typed Name of Sponsor's Designated Official Representative) .` Title: . As.sast an.t........C_i.t.y......Manag.e_r........................................................................................................................... Attest: (Typed Title of Sponsor's Designated Official Representative) CERTI ICATE OF SPONSOR'S ATTORNEY 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 . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this _ day of �� By (Signature of Sponsor's Attorney) 12 FAA Form 510 -37`'jd-9 9�'_'4 6MJ8 7 Of 7 N1 YE BB®® }}'��pp�� ®®�� I OMB Approval No.0348-0043 AY'"PLRL ATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF 3. DATE RECEIVED BY STATE State Application Identifier SUBMISSION: Application Preapplication ® Construction ❑ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ❑ Non-Construction ❑ Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: CITY OF FORT WORTH AVIATION DEPARTMENT Address(give city,county,state,and zip code) Name and telephone number of the person to be contracted on matters involving _ 1000 THROCKMORTON STREET this application(give area code) FORT WORTH,TEXAS 76102 TIM WARD PRESIDENT,ALLIANCE AVIATION SERVICES (817)890-1000 EMPLOYER IDENTIFICATION NUMBER(EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) C A. State H. Interdependent School District B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University 8. TYPE OF APPLICATION: D. Township Indian Tribe L. E. Interstate L. Individual F. Intermunicipal M.Profit Organization ® New ❑ Continuation ❑ Revision G. Special District N. Other(Specify) If Revision,enter appropriate letters)in box(es): ® ❑ A Increase Award B Decrease Award C Increase Duration D Decrease Duration Other(specify) 9. NAME OF FEDERAL AGENCY FEDERAL AVIATION ADMINISTRATION,SW REGION FORT WORTH,TEXAS 76193-0650 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER REHABILITATE AIRFIELD PAVEMENT;RELOCATE TITLE: Airport Improvement El El El AIRPORT BEACON; REPLACE AIRPORT SIGNAGE; Program AIP CREDIT AS THE COMPLETE LOCAL SHARE FOR 12. AREAS AFFECTED BY PROJECT(cities,counties,states,etc.): DONATION OF PARCEL H-24 CITY OF FORT WORTHINORTH TARRANT COUNTY 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project 7-01-08 7-01-09' TEXAS 6,12 TEXAS 12 15.ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Federal $ 891,298 .00 a. YES, THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON b. Applicant $ 46,910 .42 c. State $ .00 DATE: d. Local $ .00 b. NO ® PROGRAM IS NOT COVERED BY E.O.12372 e. Other $ .00 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program income $ .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 938,208 .42 ❑ Yes If yes,attach an explanation ® No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED a. Typed Name of Authorized Representative b. Title C. Telephone number TOM HIGGINS ASSISTANT CITY MANAGER 817 392-6122 d. Signature of Authorized Representative e. Date Signed U Previous Editions No Usabi' i 1" Standard Form 424 (REV 4-88)1' C1Li�.J Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 �� �L-,U a r U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.80-RO184 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1 Does this assistance request require State, local, Name of Governing Body regional,or other priority rating? Priority ❑Yes®No Item 2. Does this assistance request require State, local Name of Agency or Board advisory,educational or health clearances? (Attach Documentation) ❑Yes®No Item 3 Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? ®Yes ONO, 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 8 Will the assistance requested have an impact or effect on the environment? ❑Yes ®No Number of: Item 9. Individuals Will the assistance requested cause the displacement of Families individuals,families, businesses,or farms? Businesses ❑Yes®No Farms Item 10. �... _. Is there other relat d, 47 �I GSM"''0010 lis project previous p ndip9or ❑Yes®No FAA Form 5100-100(6 3)SOPEP98DES FPA FORM 5100-10 PAGES 1 THRU 7 Page 2 U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.80-R0184 PART II-SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: THE CITY OF FORT WORTH HAS ADOPTED ORDINANCE NO. 10121,DATED JUNE 2,1988,ENTITLED FORT WORTH ALLIANCE AIRPORT ZONING OVERLAY DISTRICT,RELATED TO HEIGHT AND LAND USE ZONING. 2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Land.-(a) The sponsor holds the following property interest in the following areas of land*which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit"A": FEE SIMPLE TITLE TO PARCELS A-1 THRU A-9,3 THRU 7,9,10,11A,11-(1),12,12B,13,14H,14(I),16,17,18,19, 20, 27,28,30,31b,32A,32B,32C,33A,33B,39,H,AND H-1 THRU H-25,AND EASEMENTS,CLEARANCE LICENSE, OR OTHER USE RESTRICTIONS TO PARCELS 8A,8B,11,11C,12A,14A,14C,14C-1,14D, 14F, 14L,14M,140, 14R, 15,H-1A,H-111,H-1C,H-2A,H-211,AND H-3A. *State character got,property-intere�-ire-eTch area and list and identify for each all exceptions, encumbrances, and ��.,,; adverse interest` ,. ► kn , t re, including liens, easements, leases, etc. The separate areas of lan J �4�..J need only be idebti11e,v P.e a� a umbers shown on the property map. Page 3a FAA Form 5100-104(4-76 � "��,'�.} ��i l� 47 �9 FAA AC 81-06913 c U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.80-RO184 PART II—SECTION C(Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit"A": NONE (c)The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit"A": FEE SIMPLE TITLE TO PARCELS 34,35,36,37,AND 38 5. Exclusive Rights. —There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE *State character of property inte`e=�„aaeh-area,anrl list and identify for each all exceptions, encumbrances, and adverse interests of every kind kn irc%udim liens, easements, leases, etc. The separate areas of land need only be identified here by 'e,ar, numb r�§hbwr-on the property map. FAA Form 5100-100(4-76) FAA AC 8�06913 U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.80-RO184 PART III—BUDGET INFORMATION o CONSTRUCTION SECTION A-GENERAL 1. Federal Domestic Assistance Catalog No.. . . . . . . . . . . . . . .. . . . 2. Functional or Other Breakout.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . SECTION D m CALCULATION OF FEDERAL GRANT Use only for revisions Cost Classification Latest Approved Adjustment Total Amount +or(-) Amount Re uired 1. Administration Expense $ $ $ 2. Preliminary Expense 3. Land,structures,right-of-way 46,910.42 4. Architectural engineering basic fees 10,000.00 5. Other architectural engineering fees 6. Project inspection fees 30,000.00 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 851,298.00 12. Equipment 13. Miscellaneous 14. Total(Lines 1 through 13) 938,208.42 15. Estimated Income(if applicable) 16. Net Project Amount(Line 14 minus 15) 938,208.42 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt.(Excluding Rehabilitation Grants) 938,208.42 20. Federal Share requested of Line 19 891,298.00 21. Add Rehabilitation Grants Requested(100 percent) 22. Total Federal grant requested(Lines 20&21) 891,298.00 23. Grantee share 46,910.42 24. Other shares 25. Total project(Lines 22,23,&24) 938,208.42 FAA Form 5100-100(6-73)SUPERSEDES F FOt D1i�5](�0.-1A PAGES,17,,�����.{��R 7 Page 4 SECTION C - EXCLUSIONS Classification Ineligible for Excluded from Participation Contingency Provision 26 2 a. $ $ b.. C. d. e. f. 9 Totals SECTION D -PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 46,910.42 a.Securities b.Mortgages c.Appropriations(By Applicant) d. Bonds e.Tax Levies f. Non Cash g .Other(Explain) 46,910.42 h.TOTAL—Grantee share 46,910.42 28. Other Shares a.State b.Other c.Total Other Shares 29. TOTAL $ 46,910.42 SECTION E -REMARKS GRANTEE SHARE IS PROVIDED THROUGH VALUE OF DONATED LAND PART IV PROGRAM NARRATIVE The purpose of this project is to perform various improvements at the airport including rehabilitation of shoulder pavement on Runway 16L-34R(between Taxiways `A' and `D'), as well as other pavement rehabilitation and joint sealing; relocation of the airport beacon to improve visibility after the two runways are extended; and rehabilitation of the airfield sign system. The pavement improvements are necessary to repair sections of pavement which were constructed with the airport's original development more than 15 years ago. The beacon relocation is necessary to allow more effective use of the property in the vicinity of the current location and to place it in a more central location after the two new runway extensions are operational. Finally, the sign system requires changes to meet new FAA requirements and to assure compatibility with the proposed new airfield layout. As with all projects at Fort Worth Alliance Airport, the local share of funding will come from the value of land donated for the project. The value of the land designated has been approved by the FAA. U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS CITY OF FORT WORTH FORT WORTH ALLIANCE -34 .................................................._......................................_........_......_..._...............I..........._...._..... .._..__..._...........__._._............._......................._..............._.....__..._.._._.._._.._..........._._._...__....._........... .................................._..._....._._............_......_........__.....__...................._.__................._........... (Sponsor) (Airport) (Project Number) REHABILITATION OF AIRFIELD PAVEMENTS, RELOCATION OF AIRPORT BEACON, AND REHABILITATION OF THE AIRFIELD SIGN SYSTEM. (work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standard. Yes No N/A 1. Solicitations were (will be)made to ensure fair and open ® ❑ ❑ competition from a wide area of interest. 2. For contracts over$100,000, consultants were (will be)selected using competitive procedures based on qualifications, ® ❑ ❑ experience, and disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees,which are ® ❑ ❑ not significantly above the sponsor's independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was (will be)obtained ❑ ❑ from the FAA. 5. The consultant services contracts clearly establish (will establish)the scope of work and delineate the division of ® ❑ ❑ responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be)clearly identified and separated from eligible items in ® ❑ ❑ solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant-assisted contracts have ® ❑ ❑ been (will be) included in consultant services contracts. 8. The cost-plus-percentage-of-cost methods of contracting ® ❑ ❑ prohibited y ederal_staD�dards were not(will not be) used. 9. If the servi e ` vr more than the single grant project referegc,�I nrjhi� rfl'ta�at on, the scope of work was ❑ ❑ (will be) sp cifrd<l Vt �6tj!6n t o advertisement, and future work will not b' err ti, te#4b(p� ,hd fire years. a�1 u a 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 Desi a ed Official Representative) TOM HIGGINS ........................................._....._...._...........----............._............................._...._...._..._....._........................._.-........................._.......---..._........... (Typed Name of Sponsor's Designated Official Representative) ASSISTANT CITY MANAGER ....................................._._....._...__._.._............_._.._._.................._..............._._............._...............__........_.._.._..._..............__...._.-............. .._......_.. (Typed Title of Sponsor's Designated Official Representative) �/�/o ........._....-........................_....._._...__........................._. ............_. .................._.........._................_...__. . ........._. _...... (Date) t J v i.. :rl ......_......_...._................_......._..........._.._..__............._.._.. U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS C_ ITY OF FORT WORTH FORT WORTH ALLIANCE ..._..-34.........................._......._....._.._........................._.........................................._..._.. ..................................._............._....._............. .........................._......................................................_........_..............._........_,..._........................_.._. _....._......._.._.. (Project Number) (Sponsor) (Airport) ( � REHABILITATION OF AIRFIELD PAVEMENT, RELOCATION OF AIRPORT BEACON, AND AIRFIELD SIGN REHABILITATION. (work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular(AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One--General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as procurement/installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set ® ❑ ❑ forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not(will not be) proprietary or written so as to restrict competition. At least ® ❑ ❑ two manufacturers can meet the specification. 3. The development included (to be included) in the plans is ® ❑ ❑ depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (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 ® ❑ ❑ are (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, ❑ ❑ concurrence was (will be)obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the ® ❑ ❑ Federally approved environmental finding. Yes No N/A 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (will be)discussed with the FAA as well ® ❑ ❑ as incorporated into the specifications, and a safety/phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans ® ❑ ❑ and specifications that were foreseeable at the time of project design. I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no"that is correct and complete. CITY OF FORT WORTH .... ............. ............._.........._.........................._._.__................._.... (Name of Sponsor) (Signature of Sponsor's Desig to Official Representative) TOM HIGGINS ........._............__.................._........................................_._.............................................._........................_................__....._..._........_........................._...._...... (Typed Name of Sponsor's Designated Official Representative) ................................._...._.................._......_............_............._...,....._.......__....._............---....................................__................_......_...._..................... (Typed Title of Sponsor's Designated Official Rf pres nfative) ...........................__..._...._..._.._......_.....__.................,.._.........._. ..._...._...._.................._._.._.._........_.................... ......_.......................................... ... (Date) FvIN n„SILi' 1�`V _.................................._............_......._.._..._....._......_...................._................_..............__...._.......... _....... ....... ._.. U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION! REAL PROPERTY ACQUISITION CITY OF FORT WORTH FORT WORTH ALLIANCE -34 ..........._........_.. ..._.._.....---....................................._-......_.........-----......................_...---........_._..._.._............._..I..... ............_..._.._._................_....................._............._......._.........._....................._...__..._........._. (Sponsor) (Airport) (Project Number) REHABILITAION OF AIRFIELD PAVEMENT, RELOCATION OF AIRPORT BEACON, AND AIRFIELD SIGN SYSTEM REHABILITATION. (work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on real property acquisition and relocation assistance are in Title 49, Code of Federal Regulations (CFR), Part 24. The AIP project grant agreement contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act), as amended. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. The sponsor's attorney or other official has (will have)good and ® ❑ ❑ sufficient title as well as title evidence on property in the project. 2. If defects and/or encumbrances exist in the title that adversely impact the sponsor's intended use of property in the project, they ® ❑ ❑ have been (will be) extinguished, modified, or subordinated. 3. If property for airport development is (will be)leased, the following conditions have been met: a. The term is for 20 years or the useful life of the project, ❑ ❑ b. The lessor is a public agency, and C. The lease contains no provisions that prevent full compliance with the grant agreement. 4. Property in the project is (will be) in conformance with the current Exhibit A property map, which is based on deeds, ® ❑ ❑ title opinions, land surveys, the approved airport layout plan, and project documentation. 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was (will be) obtained to ® ❑ 1-1 ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces, property interest was (will be)obtained for the following: ® ❑ ❑ a. The right of flight, b. The right of ingress and egress to remove obstructions, and C. The right to restrict the establishment of future obstructions. j ''' �J.2 Yes No N/A 7. Appraisals prepared by qualified real estate appraisers hired by the sponsor include (will include)the following: a. Valuation data to estimate the current market value for the ® ❑ ❑ property interest acquired on each parcel, and b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections. 8. Each appraisal has been (will be) reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, ® ❑ ❑ and the written appraisals as well as review appraisal are available to FAA for review. 9. A written offer to acquire each parcel was (will be)presented to the property owner for not less than the approved amount of just ® ❑ ❑ compensation. 10. Effort was (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(will be)used: a. Condemnation initiated and a court deposit not less than the ® ❑ ❑ just compensation made prior to possession of the property, and b. Supporting documents for awards included in the project files. 12. If displacement of persons, businesses, farm operations, or non- profit organizations is involved, a relocation assistance program was (will be)established,with displaced parties receiving general ® ❑ ❑ information on the program in writing, including relocation eligibility, and a 90-day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were (will be) provided ® ❑ ❑ within a reasonable time period for each displaced occupant in accordance with the Uniform Act. I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no"that is correct and complete. CITY OF FORT WORTH ............._.......__..............._..............-..._.........................._......._.._._............._.._..................__...._...................._......._..._....._._....._....__....._..._._._._.. (Name of Sponsor) (Signature of Sponsor's De ' n ed Official Representative) TOM HIGGINS ........._..........._..._....__............._.._.................................._...........__...................._..._..............._._..__........._......_........................._.........._.___.........._.._ (Typed Name of Sponsor's Designated Official Representative) ASSISTANT CITY MANAGER (Typed Title of Sponsor Is D signated Official Representative) .................................__._.._......._..........._............_............_T�/�108......_....__..._......................._..........__.............................__. (Date) "J 2 D U.S.DEPARTMENT OF TRANSPORTATION FEDERAL-AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG-FREE WORKPLACE CITY OF FORT WORTH FORT WORTH ALLIANCE -34 ..................._..................................... ..... ..............................._................__....._.._................. __.....__..........._.............._.................._.........................._..._....._...._........._......_.........._..._....._...................... ............._.............._..........._..........-._.........._.............................................._........._.............- ..Sp(Sponsor) (Airport) (Project Number) REHABILITATION OF AIRFIELD PAVEMENT, RELOCATION OF AIRPORT BEACON, AND AIRFIELD SIGN SYSTEM REHABILITATION. (Work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug-Free Workplace Act of 1988. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. A statement has been (will be)published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and ®. ❑ ❑ specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug-free awareness program has been (will be) established to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug-free workplace; ® ❑ ❑ C. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been (will be)given a copy of the statement required within item 1 ® ❑ ❑ above. 4. Employees have been (will be) notified in the statement required by item 1 above that, as a condition employment under the grant, the employee will: a. Abide by the terms of the statement; and ® ❑ ❑ b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. k 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 Z El El 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 Z El El 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 a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug-free Z El workplace through implementation of items 1 through 6 above. I have prepared documentation attached hereto with site(s)for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified in the attachment. I have prepared additional documentation for any above items marked "no" and attached it hereto. I certify that, for the project identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. CITY OF FORT WORTH .........._........_._....._....._..............._......_....._._.........._.. (Name of Sponsor) (Signature of Sponsor's es nated Official Representative) TOM HIGGINS ................................._............_..........._._._...._....._........_......._......................_........_.........._._.._............_................__.........._....__........._...................... _... (Typed Name of Sponsor's Designated Official Representative) ASSISTANT CITY MANAGER............................_......_....._......._........._............�..._... ...._ .. . Title of S onsor's Desig ated Official Representative (Typed p��IS �S......... ..................__..._............_............._........_....... . (Date) 0 r STANDARD DOT TITLE VI ASSURANCES THE CITY OF FORT WORTH,TEXAS(hereinafter referred to as the Sponsor)hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation(DOT),it will comply with Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21,Nondiscrimination in Federally Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations")to the end that no person in the United States shall,on the ground of race, color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance,the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b))will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility,or part of a facility,the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property,the assurance shall extend to rights to space on,over,or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land,in any future deeds,leases,permits,licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on,over,or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program,except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon,in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it,other sponsors,subgrantees, contractors,subcontractors,transferees,successors in interest,and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act,the Regulations, and this assurance. F �K;J, Jl��u^l� SVIJA� 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, TEXAS (Sponsor) (Signature of/Authorized Official) 5 ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49,U.S.C.,subtitle VII,as amended. As used herein,the term"public agency sponsor"means a public agency with control of a public-use airport;the term"private sponsor" means a private owner of a public-use airport; and the term"sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project,or throughout the useful life of the project items installed within a facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the terms, conditions,and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten(10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2,3,5, 6, 13, 18,30,32, 33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,executive orders,policies,guidelines,and requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49,U.S.C., subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C.276(a),et seq. C. Federal Fair Labor Standards Act-29 U.S.C.201,et seq. d. Hatch Act-5 U.S.C. 1501,et s 2 uj ances (3/2005) 'tT ?�f�,Di`L1, ��>�i�G �SL -b t a 6 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,et seq.1 Z f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C. 470(f).I g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469c.1 h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et seq. i. Clean Air Act,P.L. 90-148,as amended. j. Coastal Zone Management Act,P.L.93-205,as amended. k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C. 4012a.I 1. Title 49 ,U.S.C.,Section 303,(formerly known as Section 4(0) in. Rehabilitation Act of 1973 -29 U.S.C.794. n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4. o. Age Discrimination Act of 1975-42 U.S.C.6101,et seq. P. American Indian Religious Freedom Act,P.L.95-341,as amended. q Architectural Barriers Act of 1968-42 U.S.C.4151,et seg.I r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act-40 U.S.C. 327,et seq. t. Copeland Anti kickback Act- 18 U.S.C.874.1 U. National Environmental Policy Act of 1969-42 U.S.C.4321, et seq. V. Wild and Scenic Rivers Act,P.L.90-542,as amended. W. Single Audit Act of 1984-31 U.S.C.7501,et se .2 X. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706. Executive Orders Executive Order 11246-Equal Employment Opportunity' Executive Order 11990-Protection of Wetlands Executive Order 11998—Flood Plain Management Executive Order 12372-Intergovernmental Review of Federal Programs. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction] Executive Order 12898 -Environmental Justice Federal Regulations a. 14 CFR Part 13 -Investigative and Enforcement Procedures. b. 14 CFR Part 16- Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150-Airport noise compatibility planning. d. 29 CFR Part I -Procedures for predetermination of wage rates. e. 29 CFR Part 3 -Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 f. 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed and assisted construction(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor(Federal and federally assisted contracting requirements).1 Airp,cr a FAss� ncep (3/2005) a l I �o p, V'� ��U 7 h. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20-New restrictions on lobbying. j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.1'- m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. o. 49 CFR Part 29—Government wide debarment and suspension(non- procurement)and government wide requirements for drug-free workplace (grants). P. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building construction. Office of Management and Budget Circulars a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133-Audits of States,Local Governments,and Non-Profit Organizations I These laws do not apply to airport planning sponsors. 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 . ..__ �rl`��.�ur��?�g� 1 05) . 0u is;'l i:'�VU'�'u ,' r .;��V' i�`f u 2 -.�?l 8 to file this application, including all understandings and assurances contained therein;to act in connection with this application;and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It,a public agency or the Federal government,holds good title,satisfactory to the Secretary,to the landing area of the airport or site thereof,or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions,and assurances in the grant agreement without the written approval of the Secretary,and will act promptly to acquire,extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor.This shall be done in a manner acceptable to the Secretary. b. It will not sell,lease,encumber,or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary: If the transferee is found by the Secretary to be eligible under Title 49,United States Code,to assume the obligations of the grant agreement and to have the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest,and make binding upon the transferee all of the terms,conditions, and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms,conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately . owned property,it will enter into an agreement with the owner of that a4Z' a,�tGpo�r hSSu( �� s 3/2005) lS y!( H�; , '( 9 property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code,the regulations and the terms,conditions and assurances in the grant agreement acid 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 10 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49, it has,on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49,United States Code,and all the security equipment required by rule or regulation,and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the cost of the project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized representatives,for the purpose of audit and examination,any books,documents,papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used,it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6)months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include,in all contracts in excess of 52,000 for work on any projects funded under the grant agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act,as amended(40 U.S.C.276a-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 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 1�1rPJ�,a" �ur5;' 1<2 05 I1 plans,specifications,and schedules shall also be subject to approval of the Secretary,and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans,specifications,and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will famish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public,and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. C. It will give the Secretary unrestricted authority to publish,disclose, distribute,and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. • It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon LL which would interfere with its use for airport purposes. It will suitably 12 operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for- (1)Operating the airport's aeronautical facilities whenever required; (2)Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions;and (3)Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,flood or other climatic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as requiring the maintenance, repair,restoration,or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other'condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes)will be adequately cleared and protected by removing, lowering,relocating,marking,or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action,to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition,if the project is for noise compatibility program implementation, it will not cause or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person,firm,or corporation to conduct or to engage in any aeronautical activity for famishing 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. dr��ca (.�/2005) c. 13 C. Each fixed-based operator at the airport shall be subject to the same rates, fees,rentals,and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport(whether as a tenant,non tenant,or subtenant of another air 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. 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, lb- (31W2 5) i( f•n �� s 14 aircraft sales and services,sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of aircraft,sale of aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49,United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49,United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates,and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the airport; the local airport system;or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property;or for noise mitigation purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3, 1982,in governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of the airport owner or operator's facilities,including the airport,to support not only the airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation on the use of all revenues generated by the airport(and, in the case of a public airport,local taxes on aviation fuel)shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review,and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph(a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49,United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects,make the airport and all airport records and documents affecting the airport, including deeds, leases,operation and use 'trgrt PAsutF► �( /2005) 15 agreements, regulations and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects,make records and documents relating to the project and continued compliance with the terms,conditions,and assurances of the grant agreement including deeds,leases,agreements, regulations, and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request;and d. in a format and time prescribed by the Secretary,provide to the Secretary and make.available to the public following each of its fiscal years, an annual report listing in detail: (i)all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii)all services and property provided.by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge,except,if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that- a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds. 28. Land for,Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities,or weather-reporting and communication activities related to air traffic control,any areas of land or water,or estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation,and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;(2) the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,aprons,terminal buildings,hangars and roads), including all proposed extensions and reductions of existing airport facilities;and(3)the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment,revision,or modification thereof,shall 'irlq} ¢ '� i3f 005) 16 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might,in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety,utility,or efficiency of any federally owned,leased,or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will,if requested,by the Secretary(1) eliminate such adverse effect in a manner approved by the Secretary;or(2) bear all costs of relocating such property(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such property(or replacement thereof)to the level of safety,utility,efficiency, and cost of operation existing before the unapproved change in the 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,including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes(other than noise compatibility), it will,when the land is no longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acquisition of such land will,(1)upon application to the Secretary,be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system,or(2)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Yi�l^tR?' surl�rv2�.05) 17 G. Land shall be considered to be needed for airport purposes under this assurance if(1)it may be needed for aeronautical purposes(including runway protection zones)or serve.as noise buffer land, and(2)the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,and the land continues to be used for that purpose,such use having commenced no later than December 15, 1989. d. Disposition of such land under(a)(b)or(c)will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction management,planning studies,feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated and included in this grant,and in accordance with applicable state policies,standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property, to the greatest extent practicable under State law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2)It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3)It will make available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable,intercity buses or other modes of transportation to have access to the airport,however,it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under.49 CFR Part 26 to ensure /1005) 18 non discrimination in the award and administration of DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT, is incorporated by reference in this agreement.Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to.expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that- I. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated;and 3. Provides a time frame within which, if any,the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s)in the six month period prior to the applicable due date ice (3/2005) . CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 3/21/2007 View the most current versions of these ACs and any associated changes at .http://www.faa.gov/airports airtraffic/airports/resources/advisory circulars/. NUMBER TITLE 70/7460-1 K* Obstruction Marking and Lighting 150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-613 Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5200-28C Notices to Airmen (NOTAMS)for Airport Operators 150/5200-30A Airport Winter Safety and Operations and Changes 1 through 8 150/5200-33A Hazardous Wildlife Attractants On or Near Airports 150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210-13B Water Rescue Plans, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue& Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Driver's Enhanced Vision System(DEVS) 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-13B Runway Surface Condition Sensor Specification Guide j 150/5220-16C Automated Weather Observing Systems for Non-Federal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities and Change 1 150/5220-18 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 and Airport Snow and Ice Control Equipment Change 1 5QL5220 21 B -wide Specification for Lifts Used to Board Airline Passengers With Mobility �, Impairments I,y Y �K ISM;I jlc� L v. �j IL R^ � `�o f A FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects March 21, 2007 150/5220-22A Engineered Materials Arresting Systems (EMAS)for Aircraft Overruns 150/5300-13 and Airport Design Changes 1 through 10 150/5300-14 and Design of Aircraft Deicing Facilities Changes 1 through 2 150/5300-16 General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17 General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey 150/5300-18 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System GIS Standards 150/5320-513 Airport Drainage 150/5320-6D and Airport Pavement Design and Evaluation Changes '! through 4 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport and Changes 1 Pavement Surfaces through 8 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-15 and Management of Airport Industrial Waste Change 1 150/5325-413 Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Pavement Strength PCN 150/5340-1 J Standards for Airport Markings 150/5340-513 and Segmented Circle Airport Marker System Change 1 150/5340-18D Standards for Airport Sign Systems 150/5340-30B Design and Installation Details for Airport Visual Aids 150/5345-3E Specification for L821 Panels for Control of Airport Lighting 150/5345-513 Circuit Selector Switch 150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits V 5=1�C;� 5 ecification for L823 Plug and Receptacle, Cable Connectors f �:7 J u L� v L� 1A g�6� Z I ?57 p7 I FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects March 21, 2007 NUMBER TITLE 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator(PAPI)Systems 150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44G Specification for Taxiway and Runway Signs 150/5345-45B Low-Impact Resistant(LIR)Structures 150/5345-46C Specification for Runway and Taxiway Light Fixtures 150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49B Specification L854, Radio Control Equipment 150/5345-50A Specification for Portable Runway and Taxiway Lights 150/5345-51A Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5345-53C Airport Lighting Equipment Certification Program 150/5345-54A Specification for L-1884 Power and Control Unit for Land and Hold Short and Change 1 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12D Airport Signing and Graphics 150/5360-13 and Planning and Design Guidance for Airport Terminal Facilities Change 1 150/5370-2E Operational Safety on Airports During Construction 150/5370-10B Standards for Specifying Construction of Airports 150/5370-11 A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-2B Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases *This AC is available at.http://Www.faa_gov/ats/ata/ai/index.htmi or .http://www.airweb.faa.gov/RegulatorV and Guidance. Libra /r Advisor Circular.nsf/MainFrame?O enFrameSet. f FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects March 21, 2007 THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY Dated: 3/21/2007 NUMBER TITLE 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100-17 and Land Acquisition and Relocation Assistance for Airport Improvement Changes 1 Program Assisted Projects through 6 150/5200-37 Introduction to Safety Management Systems(SMS)for Airport Operators 150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-613 Construction Progress and Inspection Report—Airport Grant Program 150/5370-11A Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction��for Airport Grant Projects 150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7A Airport Pavement Management System 150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY Dated: 3/21/2007 I NUMBER TITLE 150/5000-12 Announcement of Availability—Passenger Facility Charge(PFC)Application (FAA Form 5500-1) j i i i I _ I � �VU IIVIf 9 i ell jj TT ;g 1 s , a � a� ( � . jar fa� a' M2 �,- " ks 3<. g - �e 'dim r�� � � ' �m�" ,�' •� - l — II a=i s // _ r �1 "* Aa_ $ _-A4 ®'s I 6m A® V;, %' '"", 3NZl HJ1 pW la t^a Y a <m O � � 0 1 e r r I - - f 133H5 51 -•3NI'i H P„4'p/ P ,'' ^ t tl a W. _a» "- _ ='LL§s High �� E �w g - RISE _ "s 1 W II Sao— N a �� _ fYt1e� e g - e 110 W w c gas. a . - � us W "s .g4 _o. 6 N„$ y • '<`"w< 'K a g zs $ :Y .8e I ` < ®�0 $ an �<doz YS,og ed:a:8 Sid$ H � e_ S§zYj f 83 gas 7 4 `�09 eg g sW g &9 sg g' gW s" W w gWe sw t V am ge �W �W aW ae S. . _ _ WS W� wa s ga m Sa sa S„ S„ 6e Se 8e Se Be 8e Se 8e ge €e So Se 3e "• j j �oe - �� $� E� _ � `= e 4 « "8 H a � a, es os $g ae qf gar =_ s ,� oW $e a �- a� ga= ge gW g� g' g g� a� e� as g „ am WP W" " se g s'g oir ' :c.. a „ `5 a5 's g" _ aW o.. aW o„ s oWW „ W g„ gw 5N S« 8a 6w :"� ^' _W -W 5« S� -. 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No. 18097-05-2008 DATE: Tuesday, May 20, 2008 LOG NAME: 55AMDALLPAVGNT REFERENCE NO.: **G-16145 SUBJECT: Approve Additional Funding in the Amount of$91,298.00 from the Federal Aviation Administration to Construct Airfield Pavement Rehabilitation, Construct Airport Beacon Relocation and Replace Airfield Signage at Fort Worth Alliance Airport; Authorize the Use of Land Credits in the Amount of $4,805.16 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to approve additional funding in the amount of $91,298.00 from the Federal Aviation Administration to construct airfield pavement rehabilitation, construct airport beacon relocation, and replace airfield signage at Fort Worth Alliance Airport; 2. Authorize the use of land credits in the amount of$4,805.16 for the City's in-kind local match of 5 percent of the project cost; and 3. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Airports Grant Fund by $96,103.16 subject to receipt of the grant. DISCUSSION: On April 8, 2008, (M&C G-16099) the City Council approved the City Manager to accept, if awarded, a grant from the Federal Aviation Administration (FAA) for various improvements at Alliance Airport in the amount of $800,000, and the City's 5 percent in-kind local match of $42,105.26, making the total project $842,105.26. Each year Fort Worth Alliance Airport is eligible to receive Airport Cargo Entitlement and Non- Primary Airport funds from the FAA based on the amount of cargo activity from the previous calendar year and discretionary dollars available in the airport improvement program. The amount of entitlement and non-primary airport money available to Alliance Airport was increased from $800,000 to $891,298 shortly after the approval of M&C G-16099, thereby creating the need to increase the authorized funding. The City's five percent in-kind local match was increased from $42,105.26 to $46,910.42 making the total project $938,208.42. Upon receipt of a grant from the FAA, these Airport Cargo Entitlement and Non-Primary Airport funds will be used to: 1. Construct Airfield Pavement Rehabilitation (Runway and Taxiway Shoulders, Full and Partial Depth Repairs); 2. Construct Airport Beacon Relocation; and Logname: 55AMDALLPAVGNT Page 1 of 2 3. Replace Airfield Signage. Fort Worth Alliance Airport is located in COUNCIL DISTRICT 2. FISCAL ll FORMATION//CERTIFICATION; The Finance Director certifies that upon approval of the above recommendations, receipt of the grant award, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Airports Grant Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR14 45185605521.8266000 $91,298._00 GR14__488189 055218266000 $4805.16 GR14_5411.10 0552_1_8.266XXX $4.,805.1.6 GR14 5(VARIOUS) 055218266XXX $91,298_.00 Submitted for-City Manager's Office by; Tom Higgins (6266) Orginating_©egartment_Head_: Kent Penney (5403) Additional_Information Contact: Aya Ealy (5406) Logname: 55AMDALLPAVGNT Page 2 of 2