HomeMy WebLinkAboutContract 38744CITY SECRETARY' fpj CONTRACT NO, g
U.S. Department ORIGINAL
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I —OFFER
June 15, 2009
Date of Offer
Fort Worth Alliance
Airport/Planning Area
3-48-0296-39-2009
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 June 2, 2009, 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:
Phase 2 of Acquisition of Additional ARFF Vehicle, Additional Rehabilitation of Runway/Taxiway Pavement,
Credit as the Complete Local Share for Donation of Parcel 30B.
all as more particularly described in the Project Application.
FAA Form 5100-37 (10-89)-5100-38C
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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 $653,474. 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:
$653,474 for airport development.
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 July 15, 2009, 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 by letter of the increase. It is further understood and agreed that if, during the life of the
project, the FAA determines that a change in the grant description is advantageous and in the best interests of the
FAA Form 5100-37 (10-89)-5100-38C 2 Of 7
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 (PC[) 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. The program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the contract.
FAA Form 5100-37 (10-89)-5100-38C 3 of 7
(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 to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension (Non procurement)," as implemented by our
agency at 49 CFR Part 29.
FAA Form 5100-37 (IM9)-5100-38C 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 1750256
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
Me 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;
b0 may be increased by not more than 15 percent for development projects;
c0 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. AIR AND WATER QUALITY: Approval of the project included in this agreement is conditioned on the Sponsor's
compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply
with this requirement may result in suspension, cancellation, or termination of Federal assistance under this
agreement.
FAA Form 5100-37 (10-89)-5100-38C 5 of 7
The Sponsor 's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
J. Michael Nicely
..................................................._.__..... ........... __.........-..............._.........................
_
(Typed Name)
Manager, Texas Airports Development Office
(Title)
FAA Form 5100-37 (10-89)-5100-38C 6 of 7
PARTII- ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the
terms and conditions in this Offer and in the Project Application.
Executed this +� day of 07�
Date (SEAL)
Attest:
City of Fort Worth
(Name of Sponsor)
(Signature of Sponslr's 6esignated Official
Representative)
BY� T.M. Higgins
(Typed Name of Sponsor's Designated
Representative)
Title: Assistant City Manager
(Typed Title of Sponsor's Designated Official
Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Charlene Sanders ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of
the State of Texas 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.
kJL
Dated at (,� this ��� day of
(Signature of Sponsor's Attorney)
FAA Form 5100-37 (10-89)-5100-38C 7 Of 7
+
UMB A
royal No. 0348-0043
AIPPLICATION FOR
2. DATE SUBMITTED
Applicanlldentifier
FEDERAL ASSISTANCE
1. TYPE OF
3. DATE RECEIVED BY STATE
Slate 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)
1000 THROCKMORTON STREET
Name and telephone number of the person to be contracted on matters involving
this application (give area code)
FORT WORTH, TEXAS 76102
TINT WARD
PRESIDENT, ALLIANCE AVIATION SERVICES
EMPLOYER IDENTIFICATION NUMBER (EIN):
❑ � e O
8. TYPE OF APPLICATION:
® New ❑ Continuation
If Revision, enter appropriate letters) in box(es):
A Increase Award B Decrease Award
D Decrease Duration Other (specify)
10. CATALOG OF FEDERAL DOMESTIC
ASSISTANCE NUMBER ® ❑
TITLE: Airport Improvement
❑ Revision
❑ ❑
C Increase Duration
12. AREAS AFFECTED BY PROJECT (cities, counties, states, efc.):
CITY OF FORT WORTH/NORTH TARRANT COUNTY
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF
Start Date Ending Date a. Applicant
10-01-09 7-01-10 TEXAS 6,12
15. ESTIMATED FUNDING 16. IS AF
a. Federal $ 653,474 .00 a. YES,
b. Applicant $ 34,393 .00
c. State $ .00
d. Local i $ .00 i b. NO
e. Other i $ .00
income I $ .00 I 17.
(817) 890-1000
7. TYPE OF APPLICANT: (enter appropriate letter in box) � �
A. State H. Interdependent School District l � 1
B. County I. Slate Controlled Institution of Higher Learning
C. Municipal J. Private University
D. Township K. Indian Tribe
E. Interstate L. Individual
F. Intermunicipal M. Profit Organization
G. Special District N. Other (Specify)
9. NAME OF FEDERAL AGENCY
FEDERAL AVIATION ADMINISTRATION, SW REGION
FORT WORTH, TEXAS 76193-0650
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
PHASE 2 OF ACQUISITION OF ADDITIONAL ARFF
VEHICLE, ADDITIONAL REHABILITATION OF
RUNWAY/TAXIWAY SHOULDERS; CREDIT AS THE
COMPLETE LOCAL SHARE FOR DONATION OF
PARCEL 30B
TEXAS 12
-ION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS
THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
DATE:
® PROGRAM IS NOT COVERED BY E. O. 12372
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
DELINQUENT ON ANY FEDERAL
g. TOTAL I $ 687,867 •oo I ❑ Yes If yes, attach an explanation
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
o� - �/z /oq
Previous Editions
APPROVED AS TO
Authorized for Local Reproduction
AND LEGALITY:
Form 424 (REV 4-88)
by OMB Circular A-102
A'
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,
regional, or other priority rating?
Name of Governing Body
Priority
❑Yes ®No
Item 2.
Does this assistance request require State, local Name of Agency or Board
advisory, educational or health clearances? (Attach Documentation)
❑Yes ®No
Item 3
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
®Yes ❑No
Item 4
Does this assistance request require State, local, Name of Approving Agency NCTCOG
regional or other planning approval? Date
®Yes ❑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
or installation?
Name of Federal Installation
Location of Federal Land _
❑Yes ®No Percent of Project
Item 8
Will the assistance requested have an impact or effect
on the environment?
Number of:
Item 9. Individuals
Will the assistance requested cause the displacement of Families
individuals, families, businesses, or farms? Businesses
❑Yes ®No Farms
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land
adjacent to or in the vicinity of the airport:
THE CITY OF FORT WORTH HAS ADOPTED ORDINANCE NO, 10121, DATED JUNE 2, 1988, ENTITLED FORT
WORTH ALLIANCE AIRPORT ZONING OVERLAY DISTRICT, RELATED TO HEIGHT AND LAND USE
ZONING.
2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency of the United
States Government relative to the development, operation, or maintenance of any airport, except as stated
herewith:
NONE
3. Possible Disabilities. -There are no facts or circumstances (including the existence of effective or
proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of
pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the
Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by
limiting its legal or financial ability or otherwise, except as follows:
NONE
4. Land. - (a) The sponsor holds the following property interest in the following areas of land* which are to be
developed or used as part of or in connection with the Airport subject to the following exceptions,
encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map
designated as Exhibit "A":
FEE SIMPLE TITLE TO PARCELS A4 THRU A-9, 3 THRU 7, 9, 109 11A, 11-(1)1 129 12111 13, 14H, 14(I)116, 17, 18, 19,
20, 279 285 30, 30A5 30B, 31b, 32A, 32139 32C, 33A, 3313, 39, H, AND H4 THRU 11-28, AND EASEMENTS, CLEARANCE
LICENSE, OR OTHER USE RESTRICTIONS TO PARCELS 8A, 8135 111 IIC, 12A9 14A9 14C9 14C49 14D, 14F, 14L,
14M, 140, 14R, 15, H-lA, 11411, 1-14C, H-2A, 11-2B, AND H-3A.
*State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land
need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (aas) Page 3a
FAA AC 81-06913
U.S. DEPARTMENT OFT NSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184
PART II — SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interests.
(a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any
construction work under the Project, the following property interest in the following areas of land* on which
such construction work is to be performed, all of which areas are identified on the aforementioned property
map designated as Exhibit "A":
NONE
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all
construction work under the Project, the following property interest in the following areas of land* which are to
be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all
of which areas are identified on the aforementioned property map designated as Exhibit "A":
FEE SIMPLE TITLE TO PARCELS 34, 35, 36, 37, AND 38
5. Exclusive Rights. —There is no grant of an exclusive right for the conduct of any aeronautical activity
at any airport owned or controlled by the Sponsor except as follows:
NONE
*State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land
need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3b
FAA AC 81-06913
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO, 80•RO184
PART III— BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1.
2.
Federal Domestic Assistance Catalog No.. .
Functional or Other Breakout.. .
.
.
SECTION B -
CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or (-)
1.
Administration Expense
$
$
$
2.
Preliminary Expense
3.
Land, structures, right-of-way
34139300
4.
Architectural engineering basic fees
50,000900
5.
Other architectural engineering fees
6.
Project inspection fees
7.
Land development
8.
Relocation Expenses
9.
Relocation payments to individuals and businesses
10.
Demolition and removal
11.
Construction and project improvement
325,000.00
12.
Equipment
278,474.00
13.
Miscellaneous
14.
Total (Lines 1 through 13)
687186T00
15.
Estimated Income (if applicable)
16.
Net Project Amount (Line 14 minus 15)
687,867.00
17.
Less: Ineligible Exclusions
18.
Add: Contingencies
19.
Total Project Amt. (Excluding Rehabilitation Grants)
6873867.00
20,
Federal Share requested of Line 19
653,474.00
21.
Add Rehabilitation Grants Requested (100 percent)
22.
Total Federal grant requested (Lines 20 & 21)
653,474000
23.
Grantee share
34,393.00
24.
Other shares
25.
Total project (Lines 22, 23, & 24)
687,867.00
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4
i i c nPPARTMPNT M: TRANSPnRTAT10W FEDERAL AVIATION ADMINISTRATION OMB W. 80-R0184
SECTION C - EXCLUSIONS
26
Classification
Ineligible for
Participation
Excluded from
Contingency Provision
2
a.
$
$
b.s
ca
d#
e.
f.
g,
Totals
SECTION D -
PROPOSED METHOD OF FINANCING NON-FEDERAL
SHARE
27.
Grantee Share
$ 34,393.00
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g .Other (Explain)
34,393000
h .TOTAL — Grantee share
34,393.00
28.
Other Shares
a. State
b. Other
c. Total Other Shares
29.
TOTAL
$ 34,393.00
SECTION E - REMARKS
GRANTEE SHARE IS PROVIDED
THROUGH VALUE OF DONATED LAND
PART IV PROGRAM NARRATIVE Attach - See Instructions
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 h'ACits I 1 HKU / FAA AC 75-023 r"�`
PART IV PROGRAM NARRATIVE
The purpose of this project is to provide additional funding for acquisition of a new
Aircraft Rescue and Fire Fighting vehicle, and to continue with a project to rehabilitate
the paving on the runways and taxiways. The original application provided for complete
funding for this project; however, the FAA was unable to provide the total amount
necessary. This project will complete the original intent of the project. Funding for an
additional ARFF vehicle is required to assure compliance with FAR Part 139. There has
been substantial deterioration of the Portland Cement pavement at the airport, which is
almost 20-years old, and repair is necessary.
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.
1/8/04 Appendix 25. Standard Sponsor Certification Forms Order 5100.38B
Change 1
City of Fort Worth
(Sponsor)
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
PROJECT PLANS AND SPECIFICATIONS
Fort Worth Alliance Airport
(Airport)
3-48-0296-40-2009
(Project Number)
Phase 2 of Acquisition of additional ARFF vehicle; rehabilitation of Runway/Taxiway Pavement
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.
L The development included (to be included) in the plans is depicted on the ® ❑
El
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.
li. 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
tit effen
Appendix 25. Standard Sponsor Certification Forms Order 5100.38B
Change 1
eel Y.es......... Na ......... N/A......
environmental finding.
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 o>�Sponsor's Designated Official Representative)
Kenneth L. Penney, Jr.
(Typed Name of Sponsor's Designated Official Representative)
Airport Systems Director
(Typed Title of Sponsor's Designated Official Representative)
(Date)
1/8/04 Appendix 25. Standard Sponsor Certification Forms Order 5100.38B
Change 1
........................................................................................................................................................................
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
DRUG -FREE WORKPLACE
City of Fort Worth Fort Worth Alliance Airport 3-48-0296-40-2009
(Sponsor) (Airport) (Project Number)
Phase 2 of Acquisition of additional ARFF vehicle; rehabilitation of Runway/Taxiway Pavement
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
MP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
1. A statement has been (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.
5. The FAA will be notified in writing within ten calendar days after receiving
notice under item 4b above from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title of the employee, to the FAA. Notices shall
include the project number of each affected grant.
Yes No N/A
/1
/1
►1,
/1
�I
n
u
n
n
u
Order 5100.38B Appendix 25, Standard Sponsor Certification Forms 1/8/04
Change 1
........................................................................................................................................................................
Yes No N/A
6. One of the following actions will be taken within 30 calendar days of receiving
a notice under item 4b above with respect to any employee who is so
convicted:
a. Take appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
b. Require such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency.
7. A good faith effort will be made to continue to maintain a drug -free workplace 11 El
through implementation of items 1 through 6 above.
I have prepared documentation attached hereto with sites) 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 Spt�sor's Designated Official Representative)
Kenneth L. Penney, Jr.
(Typed Name of Sponsor's Designated Official Representative)
Airport Systems Director
(Typed Title of S onsor's Designated Official Representative)
� G f
(Date)
1/8/04 Appendix 25, Standard Sponsor Certification Forms Order 5100.38B
Change 1
....................................................................................................................................................................... .
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
EQUIPMENT/CONSTRUCTION CONTRACTS
City of Fort Worth Fort Worth Alliance Airport 3-48-0296-40-2009
(Sponsor) (Airport) (Project Number)
Phase 2 of Acquisition of additional ARFF vehicle; rehabilitation of Runway/Taxiway Pavement
Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). General standards for equipment and construction contracts
within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36.
NIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for
the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement
Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal
Requirements. Sponsors may use State and local procedures provided procurements conform to these
Federal standards.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1. A code or standard of conduct is (will be) in effect governing the
performance of the sponsor's officers, employees, or agents in soliciting ® ❑ ❑
and awarding procurement contracts.
2. Qualified personnel are (will be) engaged to perform contract
administration, engineering supervision, construction inspection, and ® ❑ ❑
testing.
3. The procurement was (will be) publicly advertised using the competitive ® ❑ ❑
sealed bid method of procurement.
4. The bid solicitation clearly and accurately describes (will describe):
a. The current Federal wage rate determination for all construction
projects, and ® ❑ ❑
b. All other requirements of the equipment and/or services to be
provided.
5. Concurrence was (will be) obtained from FAA prior to contract award
under any of the following circumstances:
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest responsible
bidder, ❑ ❑
c. Life cycle costing is a factor in selecting the lowest responsive bidder,
or
d. Proposed contract prices are more than 10 percent over the
sponsor's cost estimate.
1 /8/04
Appendix 25. Standard Sponsor Certification Forms Order 5100.3813
Change 1
.........................................................................................................................................................................
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
City of Fort Worth Fort Worth Alliance Airport 3-48-0296-40-2009
(Sponsor) (Airport) (Project Number)
Phase 2 of Acquisition of additional ARFF vehicle; rehabilitation of Runway/Taxiway Pavement
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. Consultants were (will be) selected using competitive procedures based
on qualifications, experience, and disadvantaged enterprise requirements ® ❑ ❑
with the fees determined through negotiations.
3. A record of negotiations has been (will be) prepared reflecting
considerations involved in the establishment of fees, which are not ® ❑ ❑
significantly above the sponsor's independent cost estimate.
4. If engineering or other services are to be performed by sponsor force ® ❑ ❑
account personnel, prior approval was (will be) obtained from the FAA.
5. The consultant services contracts clearly establish (will establish) the
scope of work and delineate the division of responsibilities between all ® ❑ ❑
parties engaged in carrying out elements of the project.
6. Costs associated with work ineligible for AIP funding are (will be) clearly
identified and separated from eligible items in solicitations, contracts, and ❑ ❑
related project documents.
7. Mandatory contact provisions for grant -assisted contracts have been (will ® ❑ ❑
be) included in consultant services contracts.
8. The cost -plus -percentage -of -cost methods of contracting prohibited under ® ❑ ❑
.Order 5100.38B Appendix 25. Standard Sponsor Certification Forms 1/8/04
Change 1
........................................................................................................................................................................
Yes No N/A
6. All contracts exceeding $100,000 require (will require) the following
provisions:
a. A bid guarantee of 5 percent, a performance bond of 100 percent,
and a payment bond of 100 percent;
b. Conditions specifying administrative, contractual, and legal remedies, ® El ❑
including contract termination, for those instances in which
contractors violate or breach contact terms; and
c. Compliance with applicable standards and requirements issued under
Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of
the Clean Water Act (33 USC 1368), and Executive Order 11738.
7. All construction contracts contain (will contain) provisions for:
a. Compliance with the Copeland "Anti -Kick Back" Act, and
b. Preference given in the employment of labor (except in executive, ® ❑ ❑
administrative, and supervisory positions) to honorably discharged
Vietnam era veterans and disabled veterans.
8. All construction contracts exceeding $2,000 contain (will contain) the
following provisions:
a. Compliance with the Davis -Bacon Act based on the current Federal ® ❑ ❑
wage rate determination; and
b. Compliance with the Contract Work Hours and Safety Standards Act
(40 USC 327-330), Sections 103 and 107.
9. All construction contracts exceeding $10,000 contain (will contain)
appropriate clauses from 41 CFR Part 60 for compliance with Executive ® ❑ ❑
Orders 11246 and 11375 on Equal Employment Opportunity.
10. All contracts and subcontracts contain (will contain) clauses required from
Title VI of the Civil Rights Act and 49 CFR 23 and 49 CFR 26 for ® ❑ ❑
Disadvantaged Business Enterprises.
11. Appropriate checks have been (will be) made to assure that contracts or
subcontracts are not awarded to those individuals or firms suspended,
debarred, or voluntarily excluded from doing business with any U.S. ® ❑ ❑
Department of Transportation (DOT) element and appearing on the DOT
Unified List.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Fort Worth
(Name of Sponsor)
(Signature of Spo�or's Designated Official Representative)
Kenneth L. Penney, Jr.
(Typed Name of Sponsor's Designated Official Representative)
Airport Systems Director
_...._..._...._.__........... - - .... -----..._.........__...._._... .. ..
(Typed Title of Sponsor's Designated Official Representative)
Date.
1 /8/04
Appendix 25. Standard Sponsor Certification Forms Order 5100.38B
Change 1
.......................................................................................................................................................................
Yes No N/A
Federal standards were not (will not be) used.
9. If the services being procured cover more than the single grant project
referenced in this certification, the scope of work was (will be) specifically
described in the advertisement, and future work will not be initiated
beyond five years.
I certify, for the project identified herein, responses to the forgoing items are accurate as
marked and have prepared documentation attached hereto for any item marked "no" that is
correct and complete.
City of Fort Worth
of Sponsor)
(Signature of Spo�r's Designated Official Representative)
Kenneth L. Penney, Jr.
_.__._._......__... ___..................._..._............._......._.._..._.............._....................-...._..._.._.--
(Typed Name of Sponsor's Designated Official Representative)
Airport Systems Director
_.._.........._.._...._.._.._..._.._..._..--......_.-
.............__......_._....._.._...._._..........__......__..... ..............._..._......
(Typed Title of Sponsor's Designated Official Representative)
O 6/0 / AP Pt
(Date)
❑ ❑
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended.
As used herein, the term "public agency sponsor" means a public agency with control of a
public -use airport; the 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, 31 51 61 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.
Airport Assurances (9/99) �
Appendix 1
Appendix 1
d. Hatch Act - 5 U.S.C. 1501, et se .2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et seq.' 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.'
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 42 U.S.C. 4151, et seq. 1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.'
t. Copeland Antikickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.'
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 1 - 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.'
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).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
Airport Assurances (9/99) 2
Appendix 1
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.
I. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.1 2
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
m. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.1
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
� These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
s 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable to
private sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application, including
all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such
additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance
and carry out the proposed project and comply with all terms, conditions,
and assurances of this grant agreement. It shall designate an official
representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained
therein; to act in connection with this application; and to provide such
additional information as may be required.
Airport Assurances (9/99) 3
Appendix 1
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
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.
Airport Assurances (9/99) 4
Appendix 1
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public -use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement
also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at
the time of submission of this application) of public agencies that are authorized by the
State in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development
project under Title 49, United States Code, it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by the community and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project
is located to certify in writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards.
In any case where such standards have not been approved and where applicable air and
water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty days after the project
application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies
that it has implemented an effective airport pavement maintenance -management program
and it assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will provide such
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport, as defined in Title 49, it has, on the date of submittal of the project
Airport Assurances (9/99) 5
Appendix 1
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 Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or used,
and the amount or nature of that portion of the cost of the project supplied
by other sources, and such other financial records pertinent to the project.
The accounts and records shall be kept in accordance with an accounting
system that will facilitate an effective audit in accordance with the Single
Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor relating
to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not
later than six (6) months following the close of the fiscal year for which the
audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be 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 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
Airport Assurances(9/99) 6
Appendix 1
accordance with regulations and procedures prescribed by the Secretary. Such regulations
and procedures shall require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining
to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment
of specific consultants and their subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal to
temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for-
(1) Operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
Airport Assurances (9/99) 7
Appendix 1
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition
or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instrument and visual operations to the airport
(including established minimum flight altitudes) will be adequately cleared and protected by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities offering
services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right
or privilege at the airport is granted to any person, firm, or corporation to
conduct or to engage in any aeronautical activity for furnishing services to
the public at the airport, the sponsor will insert and enforce provisions
requiring the contractor to-
e) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit
or service, provided that the contractor may be allowed to make reasonable
and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates,
I rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed -based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
Airport Assurances (9/99) 8
Appendix 1
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport and
utilize similar facilities, subject to reasonable classifications such as tenants
or nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed -based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft
sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate
any exclusive right to conduct an aeronautical activity now existing at such an airport before
the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the
volume of traffic and economy of collection. No part of the Federal share of an airport
development, airport planning or noise compatibility project for which a grant is made under
Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the
Airport Assurances (9/99) 9
Appendix 1
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 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
Airport Assurances (9/99) � 0
Appendix 1
) all services and property provided by the airport to other units of
government and the amount of compensation received for provision of
each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft at
all times without charge, except, if the use by Government aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of operating
and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in
excess of those which, in the opinion of the Secretary, would unduly interfere with use of
the landing areas by other authorized aircraft, or during any calendar month that,,,
a. Five (5) or more Government aircraft are regularly based at the airport
or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather -reporting and
communication activities related to air traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely affect
the safety, utility or efficiency of the airport.
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
Airport Assurances (9/99) � �
Appendix 1
or replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be
excluded from participating in any activity conducted with or benefiting from funds received
from this grant. This assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where Federal financial assistance
is to provide, or is in the form of personal property or real property or interest therein or
structures or improvements thereon in which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits, or (b) the period
during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the
Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2)
be reinvested in an approved noise compatibility project as prescribed by
the Secretary.
b. (32)For land purchased under a grant for airport development purposes
(other than noise compatibility), it will, when the land is no longer
needed for airport purposes, dispose of such land at fair market value
or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to the
United States' share of the cost of acquisition of such land will, (a) upon
application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that
airport or within the national airport system, or (b) be paid to the
Secretary for deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if (a) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (b) the revenue
from interim uses of such land contributes to the financial self-sufficiency of
the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987, was notified by the operator or owner of
the uses of such land, did not object to such use, and the land continues to
be used for that purpose, such use having commenced no later than
December 15, 1989.
c. Disposition of such land under (a) or (b) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for
program management, construction management, planning studies, feasibility studies,
architectural services, preliminary engineering, design, engineering, surveying, mapping or
Airport Assurances 9/99) 12
Appendix 1
related services with respect to the project in the same manner as a contract for
architectural and engineering services is negotiated under Title IX of the Federal Property
and Administrative Services Act of 1949 or an equivalent qualifications -based requirement
prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to
the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated
and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property,
to the greatest extent practicable under State law, by the land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and
assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It
will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part
24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport, however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT -assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non discrimination in the award and administration of DOT -assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801).
Airport Assurances (9/99) 13
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1/99
The following apply to both AIP and PFC Projects
NUMBER TITLE
70/74604J Obstruction Marking and Lighting
150/500043 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and
Recommended Requirements for Airport Surface Movement Sensors
150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport
150/52104B Aircraft Fire and Rescue Communications
150/521043A Water Rescue Plans, Facilities, and Equipment
150/521044A Airport Fire and Rescue Personnel Protective Clothing
150/521045 Airport Rescue & Firefighting Station Building Design
150/521048 Systems for Interactive Training of Airport Personnel
150/521049 Driver's Enhanced Vision System (DEVS)
150/52204B Water Supply Systems for Aircraft Fire and Rescue Protection
150/522040B Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/522043B Runway Surface Condition Sensor Specification Guide
150/522046B Automated Weather Observing Systems for NonFederal Applications
150/522047A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/522048 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
150/522049 Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20CHG 1 Airport Snow and Ice Control Equipment
150/5220-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/530043 CHG 19 Airport Design
2, 3, 4, 5
150/530044 Design of Aircraft Deicing Facilities
150/5320-5B Airport Drainage
150/5320-6D Airport Pavement Design and Evaluation
150/532042C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement
Surfaces
150/532044 Airport Landscaping for Noise Control Purposes
150/532046 Airport Pavement Design for the Boeing 777 Airplane
150/53254A CHG 1 Runway Length Requirements for Airport Design
150/53404G Standards for Airport Markings
150/5340-4C Installation Details for Runway Centerline Touchdown Zone Lighting Systems
CHG 1&2
150/5340-5B CHG 1 Segmented Circle Airport Marker System
150/534044B Economy Approach Lighting Aids
CHG 1 & 2
150/534047B Standby Power for Non -FAA Airport Lighting Systems
150/534048C CHG 1 Standards for Airport Sign Systems
150/534049 Taxiway Centerline Lighting System
150/5340_21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
150/5340-24 CHG 1 Runway and Taxiway Edge Lighting System
150/5340-27A Air -to -Ground Radio Control of Airport Lighting Systems
150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
CHG 1
150/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/534542C Specification for Airport and Heliport Beacon
150/534543A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
150/5345-26B Specification for L823 Plug and Receptacle, Cable Connectors
CHG 1 & 2
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D CHG 1 Precision Approach Path Indicator (PAPI) Systems
150/5345-39B CHG 1 FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers
150/534542C CHG 1 Specification for Airport Light Bases, Transformer Housings, Junction Boxes and
Accessories
150/534543E Specification for Obstruction Lighting Equipment
150/534544F CHG 1 Specification for Taxiway and Runway Signs
150/534545A Lightweight Approach Light Structure
150/534546A Specification for Runway and Taxiway Light Fixtures
150/534547A Isolation Transformers for Airport Lighting Systems
150/534549A Specification L854, Radio Control Equipment
150/5345-50 CHG 1 Specification for Portable Runway Lights
150/5345-51 Specification for Discharge -Type Flasher Equipment
CHG1
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5345-53A Airport Lighting Equipment Certification Program
(incl. addendum)
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/536042A Airport Signing & Graphics
150/536043 CHG 1 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C Operational Safety on Airports During Construction
150/537040A Standards for Specifying Construction of Airports
CHG 11 29 35 49 59 6, 79
8, 9
150/5390-2A Heliport Design
150/5390-3 Vertiport Design
The following apply to AIP Projects only
NUMBER TITLE
150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
150/5200-30A Airport Winter Safety and Operations
CHG 1 & 2
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
150/530045 Use of Value Engineering for Engineering Design of Airport Grant Projects
150/537041 CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/537042 Quality Control of Construction for Airport Grant Projects
150/5370-6B Construction Progress and Inspection Report -Airport Grant Program
The following apply to PFC Projects only
NUMBER TITLE
150/5000-12 Announcement of Availability -Passenger Facility Charge (PFC) Application (FAA Form
5500-1)
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 Ith Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or improvements thereon, in which
case the assurance obligates the Sponsor or any transferee for the longer of the following periods.
(a) the period during which the property is used for a purpose for which Federal financial assistance
is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which the Sponsor retains ownership or possession of the property.
7. It will provide for such methods of administration for the program as are found by the Secretary of
transportation of the official to whom he delegates specific authority to give reasonable guarantees that
it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the act, the Regulations, and this assurance.
8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter
arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial
assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees,
successors in interest and other participants in the Project. The person or persons whose signatures
appear below are authorized to sign this assurance on behalf of the Sponsor.
DATED
CITY OF FORT WORTH, TEXAS
(Sponsor)
(Signature of A(ithorized Official)
PART V
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise
compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title
49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency
sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement.
Be 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 seg.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea,
d. Hatch Act - 5 U.S.C. 1501, et sa,2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
I. Title 49 ,U,S,C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et se .1
t. Copeland Antikickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et se .1
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Assurances (3/2005) V-1
Executive Orders
Executive Order 11246 - Equal Employment Opportunityl
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs,
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction)
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 -Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.)
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.l
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).l
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,
49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.) 2
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal
financial assistance.)
o. 49 CFR Part 29 — Government wide debarment and suspension (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
1 These laws do not apply to airport planning sponsors.
2 These Taws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance.
Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private
sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws; regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a
resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the
filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all
terms, conditions, and assurances of this grant agreement. it shall designate an official representative and shall in writing direct and
authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with
this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs that are not to be paid by the United States.
It as sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary
to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be
obtained.
Airport Assurances (3/2005) V-2
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of
the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to
acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit
A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been
expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement
and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
c. For all noise compatibility program projects that are to be carried out by another unit of local government or are on property owned by a
unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by
the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable
to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes
thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is
substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of
that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property
owner whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a
public -use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an
employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and
maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant
agreement and shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of
public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has
undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the
opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is located or has advised the communities that they
have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the
Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not
been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within
sixty days after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and
it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section
44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the
passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the
grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the
cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall
be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United 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.
Airport Assurances (3/2005) V-3
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement
which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the
Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates
shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such
provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment
relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the
Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant
agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction, Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout
the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and
such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall
require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the
modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a
grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project
shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in
connection with this grant.
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 faces which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled
by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or
permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily
close the airport for non -aeronautical purposes must first be approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when
snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as
requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been
expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument
and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of
land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any
change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
Airport Assurances (3/2005) V-4
22. Economic Nondiscrimination.
a. It will make the
airport available as an
airport for public use
on reasonable terms and without unjust
discrimination
to all types, kinds
and classes of
aeronautical activities,
including commercial
aeronautical activities offering services
to the public at
the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable
to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted
by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to
facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use
of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers
and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an
air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the
airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and
fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be
provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers
authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical
services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not
be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an
existing agreement between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the
airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation
petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an
aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49, United States Code.
24, Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport
as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for
which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the
Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that
airport.
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.
Airport Assurances (3/2005) V-5
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107
of Title 49, United States Code.
26, Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make
such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases,
operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms,
conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available
for inspection by any duly authorized agent of the Secretary upon reasonable request; and
d, in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal
years, an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other units of government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all
those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times
without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such
use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by
the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such
aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized
aircraft, or during any calendar month that -
a, Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross
accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross
weights of such aircraft) is in excess of five million pounds.
2E. 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, orweather-reporting and communication activities related to air traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance
at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein
within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions
thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3)
the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and
each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced
by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities that 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
Airport Assurances (3l2005) V-6
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.
For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the an is no
longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal
to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition
which is proportionate to the United States' share of the cost of acquisition of such land will, (a) Upon application to the Secretary,
be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the
national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
c. Land shall be considered to be needed for airport purposes under this assurance if (a) It may be needed for aeronautical
purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land
contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or
owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use,
and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989,
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 and safety associated
with operation of the airport.
32. Engineering and Design Services. It will award each contract, orsub-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 744MG /O12'91e�
and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State
law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and
reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make
available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance
with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of
transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of
transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26, The
Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration
of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the
airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term
lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable
to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air
carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to
the Secretary that:
1. Describes the requests
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the
request(s) in the six month period prior to the applicable due date.
Airport Assurances (3/2005) V-7
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP
FUNDED AND PFC APPROVED PROJECTS
Dated: "IMM2008
View the most current versions of these ACs and any associated changes at:
http://www faa qov/airports airtraffic/airports/resources/advisory circulars
NUMBER
TITLE
70/7460-1 K
Obstruction Marking and Lighting
150/5000-13A
Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airports Surface Movement Sensors
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-613
Chan e 1
Airport Master Plans
150/5070-7
The Airport System Planning Process
150/5200-28D
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-3013
Airport Winter Safety and Operations
150/5200-3313
Hazardous Wildlife Attractants On or Near Airports
150/5210-5C
Painting, Marking and lighting of Vehicles Used on an Airport
150/5210-7D
Aircraft Fire and Rescue Communications
150/5210-1313
Water Rescue Plans, Facilities, and Equipment
150/5210-14B
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15A
Airport Rescue & Firefighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
150/5210A 9
Driver's Enhanced Vision System (DEVS)
150/52204B
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-1 OD
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B
Runway Surface Condition Sensor Specification Guide
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
October 29, 2008
NUMBER
TITLE
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
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20
Airport Snow and Ice Control Equipment
and Change 1
150/5220-21 B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A
Engineered Materials Arresting System (EMAS) for Aircraft Overruns
150/5300-13
and
Airport Design
Chan es 1 —13
150/5300-14
and Changes
Design of Aircraft Deicing Facilities
1 & 2
150/5300-16A
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
150/5300-176
General Guidance and Specifications for Aeronautical Survey Airport Imagery
Ac uisition
150/5300-186
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5300-5C
Airport Drainage
150/5320-6D
and Changes 1
Airport Pavement Design and Evaluation
through 4
150/5320-12C
and Changes 1
Measurement, Construction, and Maintenance of Skid Resistant Airport
through 8
Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5320-15A
Management of Airport Industrial Waste
150/5325-413
Runway Length Requirements for Airport Design
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
October 29, 2008
NUMBER
TITLE
150/5335-5A
Standardized Method of Reporting Pavement Strength PCN
150/5340-1 J
Standards for Airport Markings (Change 1 &2)
150/5340-5C
Segmented Circle Airport Marker System
150/5340A 8E
Standards for Airport Sign Systems
150/5340-30D
Design and Installation Details for Airport Visual Aids
150/5345-3F
Specification for L821 Panels for Control of Airport Lighting
150/5345-56
Circuit Selector Switch
1505345-7E
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
150/5345A3B
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26C
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28F
Precision Approach Path Indicator (PAPI) Systems
150/5345-39C
FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/534542F
Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F
Specification for Obstruction Lighting Equipment
150/5345-44H
Specification for Taxiway and Runway Signs
150/534545C
Low -Impact Resistant (LIR) Structures
150/534546C
Specification for Runway and Taxiway Light Fixtures
150/534547B
Specifications for Series to Series Isolation Transformers for Airport Lighting
System
150/5345-49C
Specification L854, Radio Control Equipment
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
October 29, 2008
NUMBER:
TITLE
150/5345-508
Specification for Portable Runway and Taxiway Lights
150/5345-51A
Specification for Discharge -Type Flasher Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53C
Airport Lighting Equipment Certification Program
150/5345-54A
and Change 1
Specification for L-1884 Power and Control Unit for Land and Hold Short
150/5345-55A
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
150/5360-12E
Airport Signing and Graphics
150/5360-13
and Change 1
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2E
Operational Safety on Airports During Construction
150/5370-10C
Standards for Specifying Construction of Airports
150/5370-11A
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-68
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-213
Heliport Design
150/5390-3
Vertiport Design
150/5395-1
Seaplane Bases
M&C Review Page 1 of 2
COUNCIL ACTION: Approved on 2/24/2009 - Ord. No. 18494-02-2009
DATE: 2/24/2009 REFERENCE G-16485 LOG NAME: 55AFWPAVARFFGNT
NO..
NOW PUBLIC
CODE: G TYPE: CONSENT HEARING: NO
SUBJECT: Approve and Accept, if Awarded, a Grant from the Federal Aviation Administration in an
Amount up to $1,200,000.00 for Runway and Taxiway Pavement Rehabilitation and the
First Year Portion of a Multi -Year Grant for an Airport Rescue and Firefighting Vehicle ani
Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, a grant from the Federal Aviation
Administration in an amount up to $1,200,000.00 for runway and taxiway pavement rehabilitation an(
first year portion of a multi -year grant for an Airport Rescue and Firefighting Vehicle at Fort Worth
Alliance Airport;
2. Authorize the use of land credits in an amount up to $63,157.89 for the City's in -kind local match
of five percent of the project cost; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Airports Grant Fund by $1,263,157.89, subject to receipt of the grant.
DISCUSSION:
Each year Fort Worth Alliance Airport is eligible to receive Airport Cargo Entitlement and Non-Primar
Airport money from the Federal Aviation Administration (FAA). This is based on the amount of cargo
activity from the previous calendar year and discretionary dollars available in the airport improvemen
program. The total amount of entitlement and non -primary airport money available to Alliance Airport
this year is an amount up to $1,200,000.00.
Upon receipt of a grant from the FAA, Airport Cargo Entitlement and Non -Primary Airport funds will be
used for:
1. Runway and taxiway pavement rehabilitation; and
2. First year portion of a multi -year grant for an Airport Rescue and Firefighting (ARFF) Vehicle.
Fort Worth Alliance Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services 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.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=11163&councildate=2/24/2009 6/18/2009
M&C Review
Page 2 of 2
TO Fund/Accoun-VCenters
3R14 488189_055218340000
3R14 541.110 05521_834OXXX
3R14 45.1.856 055218340000
01101,09
63 157.89
$1 200, 000._00
GR14_5
LVARIOUS)-055218340XXX V_,200 000.0.0
FROM Fund/Account/Centers
Submitted for City Manager's Office Carl Smart (6525)
Ori ig nating_.Department Head:
Additional Information Contact:
ATTACHMENTS
55AFWPAVARFFGNT.doc
Kent Penney (5403)
Aya Ealy (5406)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=lll63&councildate=2/24/2009 6/18/2009