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HomeMy WebLinkAboutContract 41608 (2)U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I OFFER March 16, 2011 Date of Offer 3=48=029643=2011 Grant No 073170458 DUNS No CITY SECRETARY CONTRACTMO. 41 taOR__ COPY Fort Worth Alliance Airport/Planning Area TO: City of Fort Worth, Texas (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHFREAS, the Sponsor has submitted to the FAA a Project Application dated March 14, 2011, 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: Extend Runway 16L and 16R; credit as the complete local share for donation of Parcel FE-1. all as more particularly described in the Project Application. • FAA Form 5100-37 (10-89)-5100-38C 1 of 7 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 $10,000,000 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: $10,000,000 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 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 March 18, 2011, or such subsequent date as may be prescribed in writing by the FAA. 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. 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. 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. 12. 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 Proaram An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years (2) Drive -By Inspection A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropnate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements,' for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress their probable causes, inspection guidelines, and recommended methods of repair are presented. FAA Form 5100-37 (10-89)-5100-38C 3 of 7 13. 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. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 14. 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 15. REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION (CCR) DATABASE' The Sponsor agrees that it will maintain an active Central Contractor Registration (CCR) database registration with current information at all times during which it has an active Federal award (i.e. an open AIP grant). 16. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. FAA Form 5100-37 (10-89)-5100-38C 4 of 7 17. AIRPORTS GEOGRAPHIC INFORMATION SYSTEM (Airports GIS requirements are applicable to all construction, planning and land acquisition projects with aeronautical surveys. Not applicable to equipment acquisition projects.) In FY11, the Airports GIS requirement is applicable to Large and Medium Hub airports and airports which received AGIS grants in FY09 and/or FY10, If this grant is for a Large/Medium Hub airport project that represents continued phased development, is already initiated, or is already in the design phase, this Airports GIS requirement for that particular project is exempt Airports GIS requirements, as specified in Advisory Circular 150/5300-18, apply to the project included in this grant offer. Final construction as -built information or planning deliverables must be collected according to these specifications and submitted to the FAA. The submittal must be reviewed and accepted by the FAA before the grant can be administratively closed. 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 or AMERICA FNDERAL AVIATION ADMINISTRATION in2t (Signature) J. Michael Nicely (Typed Name) Manager, Texas Airports Development Office (Title) OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX FAA Form 5100-37 (10-89)-5100-38C 6of7 PART II a 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 1`'l cat 2-f 1 P darSa Contract Authori v io<<, mntap k rAtM Attest: (SEAL) ISSt177Par loww4u1111 Arottra AA 0 11 2? 3: 4( °ono°114 ire,, X Ikse.ci 0stP avid, Skier/IV Title: C*7 Fora “frit, 7-2c (Name of Sponsor) di. /4,9411-- (Signature of Sponsor's Designated Official Representative) Fernando Costa (Typed Name of Sponsor's Designated Official Representative) Assistant City Manager (Typed Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S A rT ORNEY aSte(Aec 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 . E. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated a FAA Form 5100-37 (10-89)-5100-38C this fek day of VIA a r r ZU�\ BY ii_ CJe....2—.__,,,,C5-z... (Signature of Sponsor's Attorney) __1 OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX 7of7 Page 1 of 2 City of Fort Worth, Texas ayor and ouncil ommunication COUNCIL ACTION: Approved on 3/8/2011 - Ordinance No. 19581-03-2011 DATE: Tuesday, March 08, 2011 REFERENCE NO.: G-17223 LOG NAME• 55AFW RNWY EXT GNT 2011 SUBJECT: Authorize the City Manager to Apply for and Accept, if Awarded, a Grant from the Federal Aviation Administration in the Amount Up to $20 000,000.00 for Phase XII of the Alliance Runway Extension Project at Fort Worth Alliance Airport and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) 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 the amount up to $20,000,000.00 for Phase XII of the Runway Extension project at Fort Worth Alliance Airport; 2. Authorize the use of land credits in the amount up to $1,052,631.58 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 Airport Grants Fund by $21,052 631.58, subject to receipt of the grant. DISCUSSION: The Alliance Runway Extension Project is a multi -phase project that will be completed based on the availability of federal funds. Several phases have already been awarded and are in various stages of completion. Each year the City receives discretionary FAA funding for the runway extension. FAA has advised the City to expect up to $20,000,000.00 in discretionary funds and has asked that a project application be submitted. This will be the twelfth runway extension grant received, if awarded Grants one through eleven have funded environmental assessments, land acquisitions, two earth work packages, utility relocations, design and construction of FM 156. 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 and adoption of the attached appropriation ordinance funds will be available in the current capital budget, as appropriated, of the Airport Grants Fund FUND CENTERS: TO Fund/Account/Centers GR14 488189 055218517000 FROM Fund/Account/Centers http://apps.cfwnet.org/ecouncil/printmc.asp?id=14906&print=true&DocType=Print 3/14/2011 Page 2 of 2 $1.052,631.58 GR14 541110 055218517990 $1.052.631.58 GR14 451856 055 218 517 000 $20.000,000.00 GR14 5(VARIOUS) 055 218 517 010 $20,000,000.00 CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 1. 55AFW RNWY EXT GNT 2011 AO.doc (Public) Fernando Costa (6122) Kent Penney (5403) Ruseena Johnson (5407) http://apps.cfwnet org/ecouncil/printmc.asp?id=14906&print=true&DocType=Print 3/14/2011 First Name FERNANDO APPLICATION FOR FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: Application Construction Non -Construction 5. APPLICANT INFORMATION Legal Name: CITY OF FORT WORTH ■ Preapplication 0 Construction ❑ Non -Construction Organizational DUNS: Address: Street: 1000 THROCKMORTON STREET City: FORT WORTH County: TARRANT State: TX Country : UNITED STATES 6. EMPLOYER IDENTIFICATION NUMBER EIN)• 8 Zip Code: 76102 1 IL7 -15 J 0 1 0 1 5 fl 2 18 II 6 TYPE OF APPLICATION: New 0 Continuation If Revision, ente appropriate let er(s) in box(es): (See back of form for description of letters) Other (specify) u 2. DATE SUBMITTED 2/11/2011 3. DATE RECEIVED BY STATE Applicant Identifier State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Revision 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 2 0 - 1 10I 6 TITLE: AIRPORT IMPROVEMENT PROGRAM 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): CITY OF FORT WORTH / NORTH TARRANT COUNTY 13. PROPOSED PROJECT Start Date Ending Date 4/1 /2011 4/1/2015 15. ESTIMATED FUNDING a. Federal b. Applicant c. State d. Local e. Other f. Program income 20,000,000 1,052,632 .UU .Uu .uu .Uu .uu .uu Organizational Unit: AVIATION DEPARTMENT Department: Division: Name and telephone number of person to be contacted on matters involving this application (give area code) Prefix: MR. Middle Name: Last Name: WARD Suffix: Email: TIM.WARD@HILLWOOD.COM First Name: TIM Phone number (give area code): FAX number (give area code): 817-890-1000 817-430-2875 7. TYPE OF APPLICANT: (See back of form for Application Types) C Other (specify) 9. NAME OF FEDERAL AGENCY FEDERAL AVIATION ADMINISTRATION SW REGION, FORT WORTH, TEXAS 76193-0650 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT Perform various functions necessary to extend Runways 16 L&R, including relocation of FM-156 and BNSF Railroad. Credit as the complete and Local Share for the Donation of Land, Parcel FE-1. 14. CONGRESSIONAL DISTRICTS OF a. Applicant I b. Project TEXAS 6,12 I TEXAS 12 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes ■ THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b No 0 PROGRAM IS NOT COVERED BY E. O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 21,052,632 .uu ❑Yes If "Yes" attach an explanation ►1 No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED a. Authorized Representative Prefix MR. Last Name COSTA b. Title ASSISTANT CITY MANAGER A d. Signature of Authorized Representative �//7 Middle Name Suffix 8Telephone number (give area code) 17-392-6122 / ) e. Date Signed o3/ qj j y Coor Will the assistance requested have an impact or effect on the environment? DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 11/30/2007 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Name of Governing Body Does this assistance request require State, local, regional, or other priority rating? Yes Xc No Priority Item 2 Name of Agency or Board Does this assistance request require State, local advisory, educational or health clearances? ■ Yes ©No Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Yes ❑ No (Attach Documentation) (Attach Comments) Item 4. Name of Approving Agency Does this assistance request require State, NCTCOG local, regional, or other planning approval? Date / / IIcYes❑No Item 5. Is the proposed project covered by an approved comprehensive plan? DYes 3 No Check One: State ❑ Local ❑ Regional Location of plan ■ Item 6. Name of Federal Installation Will the assistance requested serve a Federal installation? Item 7. Will the assistance requested be on Federal land or installation? Yes No ❑Yes © No Federal Population benefiting from Project Name of Federal Installation Location of Federal Land Percent of Project Item 8. See instructions for additional information to be provided. ❑Yes © No Item 9. Will the assistance requested cause the displacement of individuals families businesses, or farms? ■ Yes K No Number of: Individuals Families Businesses Farms Item 10. See instructions for additional information to be provided. Is there other related Federal assistance on this project previous pending, or anticipated? ■ Yes n No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-100 (9-03) Page 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: THE CITY OF FORT WORTH HAS ADPOPTED ORDINANCE NO. 10121, DATED JUNE 2, 1988, ENTITLED FORT WORTH ALLIANCE AIRPORT ZONING OVERLAY, RELATED TO HEIGHT AND LAND USE ZONING 2 Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Consistency with Local Plans. — The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport YES 5. Consideration of Local Interest. — It has given fair consideration to the interest of communities in or near where the project may be located. YES 6. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. YES 7. Public Hearings. — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project YES 8. Air and Water Quality Standards. — In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. FAA Form 5100-100 (9-03) SUPERSEDES FM FORM 5100-100 (6-73) Page 3a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II - SECTION ION C (CONTINUED) 9. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE 10. Land. - (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests all of which areas are identified on the aforementioned property map designated as Exhibit "A": FEE SIMPLE TITLE TO PARCELS A-1 THRU A-9, 3 THRU 7 9,10, 11A, 11-(1) 12 12B, 12, 14H, 14(I), 16, 17, 18, 19, 20, 27, 28, 30, 30A, 31A 31B, 32A 32B, 32C, 33A, 33B 34, 35, 36, 37, 38, 39, H AND H-1 THRU H-28 AND EASEMENTS, CLEARANCE LICENSE, OR OTHER USE RESTRICTIONS TO PARCELS 8A, 8B 11, 11C, 12A, 14A,14C, 14C-1, 14D, 14F, 14L, 14M, 140, 14R, 15, H-1A H-1B, H-1C, H-2A, H-2B, H 3AAND (this Grant Applicaion FE-1). The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A" FEE SIMPLE TITLE TO PARCELS *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Forth 5100-100 (9-03) SUPERSEDES FM FORM 5100-100(4-76) Page 3b DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. 20-106 2. Functional or Other Breakout SECTION B - CALCULATION OF FEDERAL GRANT Use only for revisions COST CLASSIFICATION 1. Administration expense 2 Preliminary expense 3. Land, structures right-of-way 4. Architectural engineering basic fees 5. Other architectural 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 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 20. Federal Share requested of Line 19 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 23. Grantee share 24. Other shares 25. Total project (Lines 22, 23, & 24) FM Form 5100-100 (9-03) SUPERSEDES FM FORM 5100-100 (6-73) Total Amount Latest Approved Adjustment + or Required amount (-) 1,052,631.58 2,000,000.00 1,000,000.00 17,000,000.00 21,052,631.58 21,052,631.58 21,052,631.58 20,000,000.00 20,000,000.00 1,052,631.58 $21,052,631.58 Page 4 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 26. Classification a. b. c. d. e. f. SECTION C - EXCLUSIONS Ineligible for Participation (1) Excluded from Contingency Provision (2) g. Totals I$ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. Total — Grantee Share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL SECTION E - REMARKS $ 1,052,631.58 1,052,631.58 $ 1,052,631.58 GRANTEE SHARE IS PROVIDED THROUGH THE VALUE OF DONATED LAND AS THE COMPLETE AND LOCAL SHARE (Parcel FE -1) PART IV - PROGRAM NARRATIVE (ATTACH SEE INSTRUCTIONS) FAA Fomn 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) PAGE 5 PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PROJECT: Runway Extension AIRPORT: FORT WORTH ALLIANCE AIRPORT, TEXAS 1. Objective: Extend Runway 16L and 16R to an overall length of 11,000 feet to meet approved capacity demands. 2. Benefits Anticipated: Enhanced capacity, increased stage length and aircraft take -off weights for al users. OMB NO. 2120-0569 3. Approach: (See approved Scope of Work in final Application) The projectr requires the relocation of a state highway (already relocatred) and main rail line (completing the final design and will be advertised in the 2011 - 2012 timeframe). Phased approach has provided a sicgnidficant earth package for the extended portion of the runway. 4. Geographic Location: The project location is at the north end of the airport. See attached project graphic. 5. If Applicable, Provide Additional Information: 6: Sponsor's Representative: (Intl. address & tel. no.) Timothy D. Ward President, Alliance Air Services 2221 Alliance Blvd. Ste. 100, Fort Worth, TX 76177 817-890-1000 FAA Form 5100-100 (9-03) SUPERSEDES FM FORM 5100-100 (6-73) PAGE 6 4 Kil OJTER UJW(ER SITE 4.7 NAUTICAL ULES FROU RUMYAY 34 THRESHOLD. . 0 ASOS PIEVIca&T LOCALIZER CAITICAL AREA 500'X7000' 600 en l 30° TRW AUTHORIT EASEUEN1 ANNUAL RATE OF CHANGE 01' GRAPHIC SCALE 0 600 i ( IN FEET ) 777 MAIN STREET FORT WORTH TEXAS 76102-5304 PHONE (817) 735-6000 71C FUTURE RP2 - L. AREA )004 (FUTURE) ON L9$ data la 1 0 i 670 O O GENERAL NOTES 1 1 1 1 • 1. SEE SHEET 6 FOR MASTER AIRPORT BUILDING TABLE. 2. SEE SHEET 6 FOR MASTER AIRPORT LEGEND 3. SEE SHEET 6 FOR AIRPORT FACILITY LIST. 4. SEE SHEET 6 FOR POLE IDENTIFICATION CHART. 5. SEE SHEET 5 FOR DECLARED DISTANCE LENGTHS. 6. THROUGH THE FENCE ACCESS POINT (TTF) AIRPORT LAYOUT PLAN (FUTURE) SHEET 3 OF '11 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS CITY OF FORT WORTH FORT WORTH ALLIANCE (Sponsor) (Airport) (Project Number) Description of Work: PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). 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 1. Solicitations were or will be made to ensure fair and open competition from a wide area of interest. 2. Consultants were or will be selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations 3. A record of negotiations has been or will be prepared reflecting considerations involved in the establishment of fees, which are not significantly above the sponsor's independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was or will be obtained from the FM. 5. The consultant services contract clearly establish or will clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are or will be clearly identified and separated from eligible items in solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant -assisted contracts have been or will be included in consultant services contracts 8. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not or will not be used. Page 1 of 2 Yes No N/A ® C L ® n n 6� ❑ C n n n n C ® C C // PA 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was or will be specifically described in the advertisement, and future work will not be initiated beyond five years. n X I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete City of Fort Worth (Name of Sponsor) ro (Signature of Sponsor's Designated Official Representative) Kenneth L. Penney, Jr. (Typed Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) (Date) Page 2 of 2 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS CITY OF FORT WORTH FORT WORTH ALLIANCE (Sponsor) (Airport) Descrbtion of Work PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). 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. 1. The plans and specifications were or will be prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set forth in the advisory circulars or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not or will not be proprietary or written so as to restrict competition. At least two manufacturers can meet the specification. 3. The development included or to be included in the plans is depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been or will be omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are or will be included in the project specifications. 6. If a value -engineering clause is incorporated into the contract, concurrence was or will be obtained from the FAA. 7. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the Federally approved environmental finding. Yes No N/A El ■ ■ ® ❑ C ■ E ❑ Ilr 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been or will be discussed with the FAA as well as incorporated into the specifications, and a safety/phasing plan has FAA's concurrence, if required. The project was or will be physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. Yes No N/A El ►1 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) 7....-4 /.2 (Signature of Sponsor's Designated Official Representative) Kenneth L. Penney, Jr. (Typed Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) 03 AW 2,0 r/ (Date) City of Fort Worth (Sponsor) Description of Work PERFORM VARIOUS U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION REAL PROPERTY ACQUISITION Fort Worth Alliance (Airport) (Project Number) FUNCTIONS TO EXTEND RUNWAYS 16L & 16R Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on real property acquisition and relocation assistance are in Title 49, Code of Federal Regulations (CFR), Part 24. The AIP project grant agreement contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act), as amended Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. The sponsor's attorney or other official has or will have good and sufficient title as well as title evidence on property in the project. 2. If defects and/or encumbrances exist in the title that adversely impact the sponsor's intended use of property in the project, they have been or will be extinguished, modified, or subordinated. 3. If property for airport development is or will be leased, the following conditions have been met. a. The term is for 20 years or the useful life of the project, b. The lessor is a public agency, and c. The lease contains no provisions that prevent full compliance with the grant agreement. 4. Property in the project is or will be in conformance with the current Exhibit A property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was or will be obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces, property interest was or will be obtained for the following: a. The right of flight, b. The right of ingress and egress to remove obstructions, and c. The right to restrict the establishment of future obstructions. Yes L x Li rzi No n E P P r N/A n n C Yes No N/A 7. Appraisals prepared by qualified real estate appraisers hired by the sponsor include or will include the following: a. Valuation data to estimate the current market value for the property interest acquired on each parcel, and b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections 8. Each appraisal has been or will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, and the written appraisals as well as review appraisal are available to FAA for review. 9. A written offer to acquire each parcel was or will be presented to the property owner for not Tess than the approved amount of just compensation. 10 Effort was or will be made to acquire each property through the following negotiation procedures: a. No coercive action to induce agreement, and b. Supporting documents for settlements included in the project files 11. If a negotiated settlement is not reached, the following procedures were or will be used: a. Condemnation initiated and a court deposit not Tess than the just compensation made prior to possession of the property, and b. Supporting documents for awards included in the project files. 12. If displacement of persons, businesses, farm operations, or non- profit organizations is involved, a relocation assistance program was or will be established, with displaced parties receiving general information on the program in writing, including relocation eligibility, and a 90-day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were or will be provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. X n n C ® E C P C u ! certify, for the project identified herein responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no' that is correct and complete. City of Fort Worth (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) Kenneth L. Penney, Jr. (Typed Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) �3/5y/fl„ (Date) U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG -FREE WORKPLACE City of Fort Worth Fort Worth Alliance (Sponsor) (Airport) Descr'ption of Work PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards 1. A statement has been or will be published notifying employees that the unlawful manufacture, distribution dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug -free awareness program has been or will be established to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above. 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant, the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. Yes No N/A B ■ C rs L n C n n F n C Yes No N/A 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction Employers of convicted employees must provide notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug -free workplace through implementation of items 1 through 6 above. z Z ❑ P 61 E n 1 have prepared documentation shown below or attached hereto with site(s) for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified below or in the attachment. I have prepared additional documentation for any above items marked "no" and attached it hereto. I certify that, for the project identified herein responses to the forgoing items are accurate as marked and attachments are correct and complete. Location Street Address: City: State: Zip code: Location Location City of Fort Worth Name of Sponsor Signature of Sponsor's Designated Official Representative Kenneth L. Penney Jr. Type Name of Sponsor's Designated Official Representative Aviation Director Typed Title of Sponsor's Designated Official Representative 03/ 1V2 o /( Date of Signature STANDARD DOT TITLE VI ASSURANCES THE CITY OF FORT WORTH TEXAS (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and an requirements imposed by 49 CFR Part 21 Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the `Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b» will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. Dated: d 3/ (1-z 0 t r City of Fort Worth Name of Sponsor) / (Signature of Sponsor's Designated Official Representative) Kenneth L. Penney, Jr. (Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) t9 3//y/ 2,0 a (Date) CONTRACTOR CONTRACTUAL REOUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor') agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed u nder a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books records, accounts other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the n ondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations or directives issued Pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of e nforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination in the use of said facilities (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C. subtitle VII, as amended. As used herein, the term "public agency sponsor' means a public agency with control of a public -use airport; the term ' private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms conditions and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.! c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq.2 Airport Assurances (3/2005) 2 e . Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq 1 2 £ National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c 1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et semc. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 Title VI - 42 U.S.C. 2000d through d-4. o . Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P L 95-341 as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.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 seq.1 t. Copeland Anti kickback Act - 18 U.S.C. 874.1 u . National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' v. Wild and Scenic Rivers Act, P L 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq? x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11988 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations 14 CFR Part 13 - Investigative and Enforcement Procedures. 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.1 f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 Airport Assurances (3/2005) 3 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. I. 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.1 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 laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor. It has legal authority to apply for the grant, and to finance and carry out the proposed project, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor s interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that Airport Assurances (3/2005) 5 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 Airport Assurances (3/2005) reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $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 Airport Assurances (3/2005) plans specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute and otherwise use any of the material prepared in connection with this grant. f. 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 Airport Assurances (3/2005) operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 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. Airport Assurances (3/2005) Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. £ 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, Airport Assurances (3/2005) 10 aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49 United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use Airport Assurances (3/2005) 11 agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of' Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads) including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon Such airport layout plans and each amendment, revision, or modification thereof, shall Airport Assurances (3/2005) 12 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Airport Assurances (3/2005) 13 c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management construction management, planning studies, feasibility studies architectural services, preliminary engineering, design engineering surveying mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated (Q-a-- tDlWand 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 Airport Assurances (3/2005) 14 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. 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) FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 6/2/2010 View the most current versions of these ACs and any associated changes at: httn://www.faa.aov/airports/resources/advisory circulars NUMBE 70/7460-1 K 150/5000-13A 150/5020-1 150/5070-6B Change 1 150/5070-7 150/5200-28D 150/5200-30C 150/5200-33B 150/5210-5D 150/5210-7D 150/5210-13B 150/5210-14B TITLE Obstruction Marking and Lighting Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors Noise Control and Compatibility Planning for Airports Airport Master Plans The Airport System Planning Process Notices to Airmen (NOTAMS) for Airport Operators Airport Winter Safety and Operations Hazardous Wildlife Attractants On or Near Airports Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications Water Rescue Plans, Facilities, and Equipment Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 150/5210-15A Airport Rescue & Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A 150/5220-4B 150/5220-13B 150/5220-16C Driver's Enhanced Vision System (DEVS) Water Supply Systems for Aircraft Fire and Rescue Protection Runway Surface Condition Sensor Specification Guide Automated Weather Observing Systems for Non -Federal Applications 1 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 150/5220-17A and Change 1 150/5220-18A 150/5220-20 and Change 1 150/5220-21 B 150/5220-22A Design Standards for an Aircraft Rescue Firefighting Training Facility Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Engineered Materials Arresting System (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5300-13 and Airport Design Changes 1 —15 150/5300-14B 150/5300-16A 150/5300-17B 150/5300-18B 150/5320-5C and Change 1 150/5320-6E 150/5320-12C and Changes 1 through 8 150/5320-14 Design of Aircraft Deicing Facilities General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards Surface Drainage Design Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes 2 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 MBER 150/5320-15A Management of Airport Industrial Waste 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5A 150/5340 1J and Change 2 150/5340-5C 150/5340 18E 150/5340 30D 150/5345-3F 150/5345-5B 1505345-7E 150/5345-10F 150/5345 12E 150/5345 13B 150/5345-26D 150/5345-27D 150/5345 28F 150/5345-39C 150/5345 42F 150/5345 43F 150/5345-44H 150/5345 45C Standardized Method of Reporting Airport Pavement Strength PCN Standards for Airport Markings (Change 1&2) S egmented Circle Airport Marker System Standards for Airport Sign Systems Design and Installation Details for Airport Visual Aids S pecification for L821 Panels for the Control of Airport Lighting Circuit Selector Switch S pecification for L824 Underground Electrical Cable for Airport Lighting Circuits S pecification for Constant Current Regulators Regulator Monitors Specification for Airport and Heliport Beacon S pecification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits S pecification for L823 Plug and Receptacle, Cable Connectors S pecification for Wind Cone Assemblies S recision Approach Path Indicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Retroreflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories S pecification for Obstruction Lighting Equipment S pecification for Taxiway and Runway Signs Low -Impact Resistant (LIR) Structures 3 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 150/5345-46D Specification for Runway and Taxiway Light Fixtures 150/5345 47B Specifications for Series to Series Isolation Transformers for Airport Lighting System 150/5345-49C Specification L854, Radio Control Equipment 150/5345-506 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 150/5345-54B Specification for L-1884, Power and Control Unit for Land and Hold Short 150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56A 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 Planning and Design Guidance for Airport Terminal Facilities and Change 1 150/5370-2E 150/5370-10E 150/5370-11 A 150/5380-6B 150/5390-2B 150/5390-3 150/5395-1 Operational Safety on Airports During Construction Standards for Specifying Construction of Airports Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement Guidelines and Procedures for Maintenance of Airport Pavements Heliport Design Vertiport Design Seaplane Bases 4 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED• 6/2/2010 150/5100-14D 150/5100-15A 150/5100-17 and Changes 1 through 6 150/5200-37 150/5300-15A 150/5320-17 150/5370-6D Change 1-4 150/5370-12A 150/5370-13A 150/5380-7A 150/5380-8A Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Civil Rights Requirements for the Airport Improvement Program Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Introduction to Safety Management Systems (SMS) for Airport Operators Use of Value Engineering for Engineering Design of Airports Grant Projects Airfield Pavement Surface Evaluation and Rating (PASER) Manuals Construction Progress and Inspection Report — Airport Grant Program Quality Control of Construction for Airport Grant Projects Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt Airport Pavement Management Program Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 6/2/2010 150/5000-12 za Announcement of Availability — Passenger Facility Charge (PFC) Application (FM Form 5500-1) 5 rl pemo, Jan