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HomeMy WebLinkAboutContract 45763 (2)�r U.S. Department of Transportation Federal Aviation Administration Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: City of Fort Worth (herein called the "Sponsor") GRANT AGREEMENT PART I — OFFER JUL J114, Fort Worth Alliance Airport 3-48-0296-053-2014 073170458 FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated April 8, 2014, for a grant of Federal funds for a project at or associated with the Fort Worth Alliance Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Fort Worth Alliance Airport (herein called the "Project") consisting of the following: Extend Runway 16L and 16R; credit as the complete local share for donation of Parcel FE-5 which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOILOVONGTERIVISAND C NDITIONS: OFFICIAL RECORr C��n]uvSECRETARY 3-48-0296-053-2014 WORTH,Fro TX "Wage gar, EVED JUL 2 L 2tWS CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $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 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $0.00 for planning $10,000,000 for airport development or noise program implementation $0.00 for land acquisition. 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be 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. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 1, 2014, or such subsequent date as may be prescribed in writing by the FAA. 7. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 8. United States Not Liable for Damage or Iniurv. The United States is 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. 2Ipage 3-48-0296-053-2014 9. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 31 Page 3-48-0296-053-2014 15. Maximum Obligation Increase For Nonprimary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. may not be increased for a planning project; B. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor, person, or entity. 18. Ban on Texting When Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants, contracts and subcontracts 19. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2 Procuring a commercial sex act during the period of time that the agreement is in effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 3-48-0296-053-2014 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either a. Associated with performance under this agreement; or b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)/' as implemented by the FAA at 49 CFR Part 29. 20. Exhibit A Incorporated by Reference. The Exhibit "A" updated November 13, 2013, is incorporated herein by reference. 21. AIRPORT LAYOUT PLAN: The Sponsor understands and agrees to update the Airport Layout Plan to reflect the construction to standards satisfactory to the FAA and submit it in final form to the FAA. It is further mutually agreed that the reasonable cost of developing said Airport Layout Plan Map is an allowable cost within the scope of this project. 22. LIGHTING: The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards. 23. ENVIRONMENTAL: The environmental approval for this project was issued on September 1, 2011. 24. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Grant Assurance Pavement Preventive Management. The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. The Sponsor further agrees that the program will 1. follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair; 2. detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed; 3. include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: 1) location of all runways, taxiways, and aprons; 2) dimensions; 3) type of pavement, and; 4) year of construction or most recent major rehabilitation. b. Inspection Schedule. 1) Detailed Inspection. A detailed inspection must be performed at least once a 5IPage 3-48-0296-053-2014 year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6, the frequency of inspections may be extended to three years. 2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive- by inspections, the date of inspection and any maintenance performed must be recorded. 4. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is: a. inspection date; b. location; c. distress types; and d. maintenance scheduled or performed. 5. Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required. 25. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF S250.000: The Sponsor agrees to: a. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that the testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report 6 1 'age 3-48-0296-053-2014 documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out -of -tolerance material. An interim test and quality control report must be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, will, absent any compelling justification; result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 26. PLANS & SPECIFICATIONS APPROVAL BASED UPON CERTIFICATION: The FAA and the Sponsor agree that the FAA approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor understands that: 1) The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; 2) The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; 3) If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under AIP. 7I Page 3-48-0296-053-2014 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINIS7�tATION A / Edward NSAg n ew Manager, Texas Airports Development Office Wage 3-48-0296-053-2014 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. declare under penalty of perjury that the foregoing is true and correct.' Executed this /814, day of July , 2014 City of Fort Worth (Name of Sponsor) OFFICIAL kECORD GITY UCI$STARY 1_Ft WORTH, TX 4117—Anists44 (Signature of Sponsor's Designated Official Representative) By: Fernando Costa (Typed Name of Sponsor's Designated Official Representative) Title: Assistant City Manager (Title of Sponsor) CERTIFICATE OF SPONSOR'S ATTORNEY I, Charlene Sanders , actingas Attorneyfor the Sponsor do hereby p certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor, Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated a \C\ak this 1 day of July 2014 0)(11 teif\--Ae (Signature of Sponsor's Attorney) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 9JI'a 3-48-0296-053-2014 APPLICATION FOR FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: Application 9 Construction i Non -Construction J. APPLICANT INFORMATION Legal Name: CITY OF FORT WORTH Preapplication Construction Non -Construction ■ ■ Organizational DUNS: Address: Street: 4201 N MAIN STREET SUITE 200 City: FORT WORTH County: TARRANT State: TX Country : UNITED STATES 6. EMPLOYER IDENTIFICATION NUMBER EIN): 1 i 7 5 o 8. TYPE OF APPLICATION: New 5 2 8 6 2. DATE SUBMITTED March 28, 2014 3. DATE RECEIVED BY STATE Applicant Identifier State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Continuation 1 1 Revision If Revision, enter appropriate letter(s) in box(es): (See back of form for description of letters) Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER TITLE: AIRPORT IMPROVEMENT PROGRAM 2 0 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): CITY OF FORT WORTH / NORTH TARRANT COUNTY 13. PROPOSED PROJECT Start Date Ending Date 04/01 /2014 12/9/2016 15. ESTIMATED FUNDING a. Federal b. Applicant c. State d. Local e. Other f. Program income g. TOTAL Zip Code: 76106 20,000,000 2,222,223 .uu . uu . uu .uu . uu .uu 6 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. First Name: THOMAS Middle Name: J. Last Name: HARRIS S uffix: Email: TOM.HARRIS@HILLWOOD.COM P hone number (give area code): 817-890-1000 FAX number (give area code): 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-5. 14. CONGRESSIONAL DISTRICTS OF a. Applicant b. Project TEXAS 12, 26 TEXAS 12 16. IS APPLICATION SUBJECT TO R VIEW 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. ►5 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? $ 22,222,223 'uu ❑Yes If "Yes" attach an explanation 14 No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS A PLICATION/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 ^refix MR. st Name COSTA I First Name FERNANDO b. Title ASSISTANT CITY MANAGER d. Signature of Authorized RepresentatiM� Middle Name Suffix c. Telephone number (give area code) 817-392-6122 e. Date Signed thhi 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 © No Priority Item 2. Name of Agency or Board Does this assistance request require State, local advisory, educational or health clearances? ■ Yes ©No (Attach Documentation) Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Item 4. Does this assistance request require State, local, regional, or other planning approval? Yes ■ No f❑C Yes ❑ No Item 5. Is the proposed project covered by an approved comprehensive plan? DYes © No Name of Approving Agency NCTCOG Date / / Check One: State ❑ Local 0 Regional Location of plan ■ Item 6. Name of Federal Installation Will the assistance requested serve a Federal installation? ❑YesF3No Item 7. Will the assistance requested be on Federal land or installation? 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 Will the assistance requested have an impact or effect on the environment? ❑Yes K No provided. • 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? YesKNo 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 authonzed 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 FAA FORM 5100-100 (6-73) Page 3a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II - SECTION C (CONTINUED) 9. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE 10. Land. - (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": FEE SIMPLE TITLE TO PARCELS: Al thru A9, 2 thru 7, 9, 10 11A, 11(1), 12, 13, 14E 14H thru 14K, 14P, 14Q, 14S, 14(1), 16-20 27 28, H1 thru H29, 29, 29A, 30, 30A, 30B, 31B 32A, 32B 32C, 33A 33B AIL-5A AIL-5B, AIL-5E, FE1, FE2, FE 4 AIL 6A/B-1 ATSF 1/1A, 4-1, 3-1 AND EASEMENTS, CLEARANCE LICENSE, OR OTHER USE RESTRICTIONS TO PARCELS: 8A 8B, 11, 11B 11C 12A, 14A, 14C, 14C-1, 14D 14F, 14G, 14L 14M, 14N, 140, 14R, 15, H-1A, H-1 B, H-1 C, H-2A, H-2B, H-3A FE-3, FE-4 AND (This Grant Application FE-5). The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A': NONE (c) The Sponsor will acquire within a reasonable time, and if feasible pnor 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 Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100(4-76) Page 3b 1 BUDGET NFORMATION 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 121. 22. 23. 24. 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 COST CLASSIFICATION 1. Administration expense 2. Preliminary expense 3. Land structures, nght-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 6. Project inspection fees Land development Relocation expenses Relocation payments to individuals and businesses Demolition and removal Construction and project improvement Equipment Miscellaneous Total (Lines 1 through 13) Estimated Income (if applicable) Net Project Amount (Line 14 minus 15) Less: Ineligible Exclusions Add: Contingencies Total Project Amt. (Excluding Rehabilitation Grants) Federal Share requested of Line 19 Add Rehabilitation Grants Requested (100percent) Total Federal grant requested (Lines 20 & 21) Grantee share Other shares 25. Total project (Lines 22, 23, & 24) Use only for revisions Total Amount Latest Approved Adjustment + or Required amount (-) $ $ 2,222,223.00 2,000,000.00 1,000,000.00 17,000,000.00 22,222,223.00 20,000,000.00 20,000,000.00 2,222,223.00 $22,222,223.00 FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 4 DONATED LAND DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 26. Classification a. b. c. d. e. f. g. SECTION C - EXCLUSIONS Totals $ Ineligible for Participation (1) Excluded from Contingency Provision (2) SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27 Grantee Share $ 20,000,000.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) Sponsor Local Share 2,222,223.00 h. Total — Grantee Share 2,222,223.00 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL SECTION E - REMARKS I$ 22,222,223.00 GRANTEE SHARE IS PROVIDED THROUGH THE VALUE OF DONATED LAND AS THE COMPLETE AND LOCAL SHARE FE-5. PART IV - PROGRAM NARRATIVE (ATTACH- SEE INSTRUCTIONS) FAA Form 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 all users. OMB NO. 2120-0569 3 Approach: (See approved Scope of Work in final Application) The project requires the relocation of a state highway (already relocated) and main rail line (design is complete and rail construction started January 2014). Phased approach has provided a significant 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: (incl. address & tel. no.) Thomas J. Harris President, Alliance Air/Aviation Services 2221 Alliance Blvd. Ste. 100, Fort Worth, TX 76177 817-890-1000 FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) PAGE 6 PROJECT EXHIBITS V CS AFW Runway Extension Project PROPOSED FM 156 war rTJ. 3412 ACRES A;RPORT PROPERTY Ut& • maJ;ix r HMI Sarni. FEDERAL AVIAT i ON ADM AIP i NISTRATION SPONSOR CERTIFICATIONS CITY OF FORT WORTH (Sponsor) Description of Work: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS FORT WORTH ALLIANCE 3-48-0296- -2014 (Airport) (Project Number) 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 FAA. 5. The consultant services contract clearly establish or will clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out 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 n L n n n n n n n n n n H ® n n ►_" 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. 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) (Signature of Sponsor's Designated Official Representative) Bill Welstead (Typed Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) iV/V (Date) Page 2of2 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION EQUIPMENT/CONSTRUCTION CONTRACTS City of Fort Worth Fort Worth Alliance Airport 3-48-0296- -2014 (Sponsor) (Airport) (Project Number) Descnption of Work PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for equipment and construction contracts within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. A code or standard of conduct is or will be in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are or will be engaged to perform contract administration, engineering supervision construction inspection, and testing. 3. The procurement was or will be publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes or will describe: a. The current Federal wage rate determination for all construction projects, and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was or will be obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsible bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, or Proposed contract prices are more than 10 percent over the sponsor's cost estimate. Yes No N/A AIL n z n n ►1 n n n Yes No N/A 6. All contracts exceeding $100,000 require or will require the following provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; b. Conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contact terms; and c. Compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), and Executive Order 11738. 7. All construction contracts contain or will contain provisions for: a. Compliance with the Copeland "Anti -Kick Back" Act, and b. Preference given in the employment of labor (except in executive, administrative, and supervisory positions) to honorably discharged Vietnam era veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain or will contain the following provisions: a. Compliance with the Davis -Bacon Act based on the current Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain or will contain appropriate clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity. 10. All contracts and subcontracts contain or will contain clauses required from Title VI of the Civil Rights Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been or will be made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any U.S Department of Transportation (DOT) element and appearing on the DOT Unified List. X X rs ►' ►i i I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Fort Worth (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) Bill Welstead (Typed Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) 77ate4;) City of Fort Worth (Sponsor) Desorption of Work PERFORM VARIOUS U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG -FREE WORKPLACE Fort Worth Alliance 3-48-0296- -2014 (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 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 wily 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 rs No N/A n n n n n n n Yes No N/A 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug -free workplace through implementation of items 1 through 6 above. x x I have prepared documentation shown below or attached hereto with site(s) for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified below or in the attachment. I have prepared additional documentation for any above items marked "no" and attached it hereto. I certify that, for the project identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. Location Street Address: City: State: Zip code: Location Location City of Fort Worth Name of Sponsor Signature of Sponsor's Designated Official Representative Bill Welstead Type Name of Sponsor's Designated Official Representative Aviation Director Typed Title of Sponsor's Designated Official Representative 3/ s? Date of Signature y U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION REAL PROPERTY ACQUISITION City of Fort Worth Fort Worth Alliance 3-48-0296- -2014 (Sponsor) (Airport) (Project Number) 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 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 /s ►s ►" No N/A n E n ►_2 r P C 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 less than the just compensation made prior to possession of the property, and b. Supporting documents for awards included in the project files. 12. If displacement of persons, businesses, farm operations, or non- profit organizations is involved, a relocation assistance program was 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 X X X X 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) (Signature of Sponsor's Designated Official Representative) Bill Welstead (Typed Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) 'r//4/7 (Date) U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS CITY OF FORT WORTH FORT WORTH ALLIANCE 3-48-0296- -2014 (Sponsor) (Airport) (Project Number) Description of Work: PERFORM VARIOUS FUNCTIONS TO EXTEND RUNWAYS 16L & 16R Title 49, United States Code section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as 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 ►1 rs ►s C ❑ ❑ n ❑ ❑ C ►1 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been or will be discussed with the FAA as well as incorporated into the specifications, and a safety/phasing plan has FAA's concurrence, if required. 9. The project was or will be physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. Yes EX X No N/A I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Fort Worth (Name of Sponsor) ies IL 7—C Z. (Signature of Sponsor's Designated Official Representative) Bill Welstead (Typed Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) (Date) • STANDARD DOT TITLE VI ASSURANCES THE CITY OF FORT WORTH, TEXAS (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with 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 tit, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. Dated: City of Fort Worth (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) Bill Welstead (Typed Name of Sponsor's Designated Official Representative) Aviation Director (Typed Title of Sponsor's Designated Official Representative) .. (Date) FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 3/20/2014 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory circulars NUMBER 70/7460-1 K 150/5020-1 150/5070-6B Change 1 150/5070-7 150/5100-13B 150/5200-28D 150/5200-30C Change 1 150/5200-31 C Change 2 150/5210-5D 150/5210-7D 150/5210-13C 150/5210-14B 150/5210-15A 150/5210-18A TITLE Obstruction Marking and Lighting Noise Control and Compatibility Planning for Airports Airport Master Plans The Airport System Planning Process Development of State Standards for Nonprimary Airports Notices to Airmen (NOTAMS) for Airport Operators Airport Winter Safety And Operations Airport Emergency Plan Painting, Marking, and Lighting of Vehicles Used on an Airport Aircraft Rescue and Fire Fighting Communications Airport Water Rescue Plans and Equipment Aircraft Rescue Fire Fighting Equipment, Tools and Clothing Aircraft Rescue and Firefighting Station Building Design Systems for Interactive Training of Airport Personnel FAA Advisory Circulars Required for Use in Updated 3/20/2014 AIP Funded and PFC Approved Projects ARP Page 1 of 5 NUMBER TITLE 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A 150/5235-4 B 150/5335-5C 150/5340 1 L 150/5340 5D 150/5340 18F 150/5340 30G 150/5345 3G 150/5345-5B 150/5345-7F 150/5345-1OG 150/5345-12F 150/5345-13B 150/5345-26D 150/5345-27E 150/5345-28G 150/5345-39D 150/5345-42G 150/5345-43G 150/5345-44J 150/5345 45C Management of Airport Industrial Waste Runway Length Requirements for Airport Design Standardized Method of Reporting Airport Pavement Strength — PCN (Draft approved for use) Standards for Airport Markings S egmented Circle Airport Marker System Standards for Airport Sign Systems Design and Installation Details for Airport Visual Aids S pecification for L-821, Panels for the Control of Airport Lighting Circuit Selector Switch S pecification for L-824 Underground Electrical Cable for Airport Lighting Circuits S pecification for Constant Current Regulators and Regulator Monitors S pecification for Airport and Heliport Beacons S pecification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits FAA Specification For L-823 Plug and Receptacle, Cable Connectors S pecification for Wind Cone Assemblies S recision Approach Path Indicator (PAPI) Systems S pecification for L-853, Runway and Taxiway Retro reflective Markers S pecification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories S pecification for Obstruction Lighting Equipment S pecification for Runway and Taxiway Signs Low -Impact Resistant (LIR) Structures FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 3/20/2014 ARP Page 3 of 5 NUMBER TITLE 150/5395-1A Seaplane Bases THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 3/7/2014 NUMBER 150/5100-14D 150/5100-17 Changes 1 - 6 150/5300-9B 150/5300-15A 150/5320-17 150/5370-6D 150/5370-12A 150/5380-7A TITLE Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects 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 Airport Pavement Management Program FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 3/20/2014 ARP Page 5 of 5 FAA Airports A. General. ASSURANCES Airport Sponsors 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 this grant offer by the sponsor, these assurances are incorporated in and become part of this 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 this 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. Airport Sponsor Assurances 3/2014 Page 1 of 20 z. The Federal Funding Accountability and Transpaiency Act of 2006, as amended (Pub L 109-282 as amended by section 6202 of Pub L 110-252). Executive Orders a. Executive Order 11246 b. Executive Order 11990 c. Executive Order 11998 d. Executive Order 12372 e. Executive Order 12699 Building Construction' f. Executive Order 12898 Federal Regulations - Equal Employment Opportunity' - Protection of Wetlands — Flood Plain Management - Intergovernmental Review of Federal Programs - Seismic Safety of Federal and Federally Assisted New - Environmental Justice a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations] 4' s, 6 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d 14 CFR Part 13 - Investigative and Enforcement Procedures 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h 29 CFR Part 1 - Procedures for predetermination of wage rates 1 i. 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.' j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' 1. 49 CFR Part 18 - Unifoi ni administrative requirements for grants and cooperative agreements to state and local governments.3 m 49 CFR Part 20 - New restrictions on lobbying n. 49 CFR Part 21 — Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964 o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. Airport Sponsor Assurances 3/2014 Page 3 of 20 s Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution motion or similar action has been duly adopted or passed as an official act 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 this grant and to finance and carry out the proposed project and comply with all terms conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required 3. Sponsor Fund Availability It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal 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 this 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. Airport Sponsor Assurances 3/2014 Page 5 of 20 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected 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. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11 Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal 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 o1 regulation, and Airport Sponsor Assurances 3/2014 Page 7 of 20 specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, Airport Sponsor Assurances 3/2014 Page 9 of 20 to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non - signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, Thin, 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 In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. g Airport Sponsor Assurances 3/2014 Page 11 of 20 operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and Airport Sponsor Assurances 3/2014 Page 13 of 20 roads), including all proposed extensions and reductions of existing airport facilities; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon• and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color national origin, sex, age or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct expand, renovate, remodel, alter or acquire a facility, or part of a facility the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Assurances 3/2014 Page 15 of 20 covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. £ It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another Airport Sponsor Assurances 3/2014 Page 17 of 20 with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will giant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. Airport Sponsor Assurances 3/2014 Page 19 of 20 N1&C - Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and ouncil ommunication COUNCIL ACTION: Approved on 3/18/2014 - Ordinance No. 21172-03-2014 DATE: Tuesday, March 18, 2014 LOG NAME: 55AFW 2014 RNWYEXTGRNT SUBJECT: REFERENCE NO.: C-26720 Authorize Application for and Acceptance of, if Awarded, a Grant from the Federal Aviation Administration in an Amount Up to $20,000,000.00 for the Runway Extension Project at Fort Worth Alliance Airport and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION. It is recommended that the City Council: 1. Authorize the application for and acceptance of, if awarded, a grant from the Federal Aviation Administration in an amount up to $20,000,000.00 for the Runway Extension Project at Fort Worth Alliance Airport; 2. Authorize the use of land credits in an amount up to $2,222,222.22 for the City of Fort Worth's in -kind local match of ten percent of the project cost; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Airport Grants Fund in an amount up to $22,222,222.22, subject to receipt of the grant. DISCUSSION: Each year, the City receives discretionary funding from the Federal Aviation Administration (FAA) for the Runway Extension Project (Project) at Fort Worth Alliance Airport (Alliance). The FAA has advised the City to expect an amount up to $20,000 000.00 in 2014 discretionary funding and has asked that a project application be submitted This grant will provide needed funding for the construction phase of the Project In 2001, the City received the first grant for funding the Project which is being completed in phases as federal funds become available. To date the project has concentrated on preparing for the extension of the runways. This included the relocation of FM 156 and Burlington Northern Santa Fe (BNSF) Main Line Railroad. As part of these relocations, Keller Haslet and John Day Roads had to be relocated which involved numerous right-of-way and easement acquisitions as well as many utility relocations With the completion of the relocation of FM 156 and the construction of the BNSF Mainline underway, the project will shift focus to the final phases of the project. This includes the completion of the runway extension design phase which should begin in April of 2014 and is estimated to be in the amount of $2,500,000.00. Construction, estimated at $58,500,000.00, should begin in the fall of 2015 and is expected to be completed in 2017. Staff anticipates that future FAA grants and matching land credits will fund the balance of this project cost. Fort Worth Alliance Airport is located in COUNCIL DISTRICT 7, Mapsco 7L. FISCAL INFORMATION / CERTIFICATION: I he I-inancial Management Services Director certifies that upon approval of the above recommendations, http://apps.cfwnet.org/ecouncil/printmc.asp?id=19568&print=true&DocType—Print 4/14/2014 1M1&C - Council Agenda Page 2 of 2 receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Airport Grants Fund. FUND CENTERS: TO Fund/Account/Centers 3)GR14 451856 055218702000 3) GR14 488189 055218702990 31 GR14 5 (VARIOUS) 055218702010 3) GR14 541110 055218702990 FROM Fund/Account/Centers $20,000.000.00 $2,222.222.22 $20.000,000.00 $2.222,222.22 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Bill Welstead (5402) Anne -Marie Stowe (5415) ATTACHMENTS 1. 55AFW 2014 RNWYEXTGRNT GR14 AO.docx (Public) 2. RUNWAY EXT PROJECT.pdf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=19568&print=true&DocType=Print 4/14/2014