HomeMy WebLinkAboutContract 30422 F
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CITY SECRETARY
AGREEMENT CONTRACT GRANT NO.
U.S. Department
of Transportation
Federal Aviation
Administration
PART I — OFFER
August 26, 2004....1111----.............I
Date of Offer
Fort Worth Alliance
.............................................................................................................................AirportlPianning Area
3-48-0296-24-2004
....................................................................................................................................
AiP Grant No.
City of Fort Worth
TO: 1000 Throckmorton Street
Fort Worth,TX 76102 and
(herein called the"sponsor")
The United States of America (acting through the Federal Aviation Administration,
FROM. herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Grant Application dated July 26, 2004, for
a grant of Federal funds for a project(s) at or associated with the Fort Worth Alliance Airport
which Grant Application, as approved by the FAA, is hereby incorporated herein and made a
part hereof; and
WHEREAS, the FAA has approved a project(s) for the Airport (or Planning Area) (herein called
the "Project") consisting of the following:
Runway 16L and 16R Extension, Land Acquisition, Design, Construction, and Land Credit
(Donation - Parcel H-15) as the Complete and Local Share.
all as more particularly described in the Grant Application.
a �
FAA Form 5100-37 (10-89) Page 1 of 2
ASW-600 (1104)
f e
9. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance
with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as
stated in condition No. 1 of this Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent or by an amount not to exceed 25 percent
of the total increase in allowable costs attributable to the acquisition of land or interests in
land, whichever is greater, based on current credible appraisals or a court award in a
condemnation proceeding.
10. INFORMAL LETTER AMENDMENT OF AIP GRANTS: It is mutually understood and
agreed that if, during the life of the Grant, the FAA determines that the maximum grant
obligation of the United States exceeds the expected needs of the Sponsor by$25,000.00 or
five percent (5%), whichever is greater, the maximum obligation of the United States can be
unilaterally reduced by letter from the FAA advising of the budget change. conversely, if there
is an overrun in the total actual eligible and allowable project costs, FAA may increase the
maximum grant obligation of the United States to cover the amount of the overrun not to exceed
the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further
understood and agreed that if, during the life of the Grant, the FAA determines that a change in
the grant description is advantageous and in the best interests of the United States, the change
in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the
aforementioned letter, either the grant obligation of the United States is adjusted to the amount
specified or the grant description is amended to the description specified.
11. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor
will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured
products produced outside the United States to be used for any project for airport development
or noise compatibility for which funds are provided under this grant. The Sponsor will include in
every contract a provision implementing this special condition.
12. AIR AND WATER QUALITY: Approval of the project(s) included in this agreement is
conditioned on the Sponsor's compliance with applicable air and water quality standards in
accomplishing project construction. Failure to comply with this requirement may result in
suspension, cancellation, or termination of Federal assistance under this agreement.
13. FOR SPONSORS USING LETTER OF CREDIT: The Sponsor agrees to request cash
drawdowns on the letter of credit only when actually needed for its disbursements and to timely
reporting of such disbursements as required. It is understood that failure to adhere to this
provision may cause the letter of credit to be revoked.
14. GRANTS ISSUED ON ESTIMATES: It is understood and agreed by and between the
parties hereto that this Grant offer is made and accepted based on estimates for the project;
and the parties hereby covenant and agree that within 150 days from the date of acceptance of
this Grant offer, the Sponsor shall receive bids for the projects contained within the grant
description.
15. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or
reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement
maintenance management program as is required by the Airport Sponsor Assurance Number C-
11. The Sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the
program must conform with the provisions outlined below:
FAA Form 5100-37 (10-89) Page 3 of 3
ASW-600(1104)
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49,
United States code, as amended, herein called "the Act", and in consideration of (a) the
Sponsor's adoption and ratification of the representations and assurances contained in said
Grant Application and its acceptance of this offer as hereinafter provided, and (b) the benefits to
accrue to the United States and the public from the accomplishment of the Grant and
compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Grant, 95 per centum thereof.
This offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The maximum obligation of the United States payable under this offer shall be
$9,087,397.00. For the purposes of any future grant amendments which may increase the
foregoing maximum obligation of the United States under the provisions of Section 47108(b) of
the Act, the following amounts are being specified for this purpose:
$9,087,397.00 for airport development or noise program implementation.
2. The allowable costs of the project(s) shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States' share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project(s) without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the Secretary shall
prescribe, and agrees to comply with the assurances which were made part of the Grant
application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its
acceptance by the Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Grant unless this offer has been accepted by the Sponsor on or before August 27,
2004, or such subsequent date as may be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds
spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any
other manner in any project upon which Federal funds have been expended. For the purposes
of this grant agreement, the term "Federal funds" means funds however used or dispersed by
the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It
shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share or
to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery
of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible cr !iable for damage to property or injury to
persons which may arise from, or be incident to, compliance with this grant agreement.
FAA Form 5199-37 (19-89) Page 2 of 3
ASW-699 (1/04)
Pavement Maintenance Management Program
An effective pavement maintenance management program is one that details the procedures to
be followed to ensure that proper pavement maintenance, both preventive and repair, is
performed. An airport sponsor may use any form of inspection program it deems appropriate.
The program must, as a minimum, include the following:
a. Pavement inventory. The following must be depicted in an appropriate form and
level of detail:
(1) Location of all runways, taxiways, and aprons;
(2) Dimensions;
(3) Type of pavement, and;
(4) Year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program assurances, pavements that have
been constructed, reconstructed, or repaired with federal financial assistance shall be so
depicted.
b. Inspection Schedule.
(1) Detailed inspection. A detailed inspection must be performed at least once a
year. If a history of recorded pavement deterioration is available, i.e., Pavement
Condition Index (PCI) survey as set forth in Advisory circular 15015380-6,
"Guidelines and Procedures for Maintenance of Airport Pavements," the
frequency of inspections may be extended to three years.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and
on the maintenance performed must be recorded and kept on file for a minimum of five
years. The types of distress, their locations, and remedial action, scheduled or
performed, must be documented. The minimum information to be recorded is listed
below:
(1) Inspection date,
(2) Location,
(3) Distress types, and
(4) Maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must
be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems
appropriate, as long as the information and records produced by the pavement survey can
be retrieved to provide a report to the FAA as may be required.
e. Reference. Refer to Advisory circular 15015380-6, "Guidelines and Procedures for
Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining
airport pavements and establishing an effective maintenance program. Specific types of
distress, their probable causes, inspection guidelines, and recommended methods of repair
are presented.
FAA Form 5100-37 (10-89) Page 4 of 4
ASW-600 (1104)
r
16. GRANTS WHICH CONTAIN PAVING WORK IN EXCESS„OF.,,�250,000: The Sponsor
agrees to perform the following:
a. Furnish a construction management program to the FAA prior to the start of
construction which shall detail the measures and procedures to be used to comply with
the quality control provisions of the construction contract, including, but not limited to,
all quality control provisions and tests required by the Federal specifications. The
program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall responsibility
for contract administration for the Grant and the authority to take necessary
actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be
provided.
(3) Procedures for determining that testing laboratories meet the requirements of the
American Society of Testing and Materials standards on laboratory evaluation,
referenced in the contract specifications (D 3666, C 1 077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test
standard, and the acceptance criteria or tolerances permitted for each type of
test.
(6) Procedures for ensuring that the tests are taken in accordance with the program,
that they are documented daily, and that the proper corrective actions, where
necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting
the results of all tests performed, highlighting those tests that failed or did not meet the
applicable test standard. The report shall include the pay reductions applied and the
reasons for accepting any out-of-tolerance material. An interim test and quality control
report shall be submitted, if requested by the FAA.
C. Failure to provide a complete report as described in paragraph b, or failure to perform
such tests, shall, absent any compelling justification, result in a reduction in Federal
participation for costs incurred in connection with construction of the applicable
pavement. Such reduction shall be at the discretion of the FAA and will be based on
the type or types of required tests not performed or not documented and will be
commensurate with the proportion of applicable pavement with respect to the total
pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce
grant payments accordingly if such independent tests determine that sponsor test results
are inaccurate.
17. FOR GRANTS WITH LAND ACQUISITION: It is understood and agreed by and between the
parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon the
basis of the current Exhibit "A" Property Map, the Sponsor hereby covenants and agrees that upon
completion of the land acquisition in this project, it will update said Exhibit "A" Property Map to
standards satisfactory to the Federal Aviation Administration (FAA) and submit said documentation
FAA Form 5100-37 (10-89) Page 5 of 5
ASW-600(1104)
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in final form to the FAA. It is further mutually agreed that the reasonable cost of developing said
Exhibit"A" Property Map is an eligible administrative cost for participation within the scope of this
project.
18. UTILITY RELOCATION IN GRANT: It is understood and agreed by the parties hereto that
the United States shall not participate in the cost of any utility relocation unless and until the
Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible
for payment of such costs. FAA participation will be limited to those utilities located on private
right-of-way or utilities that exclusively serve the Airport.
19. REVENUE FROM REAL PROPERTY- LAND IN GRANT: The Sponsor agrees that all net
revenues produced from real property purchased in part with Federal funds in this grant shall be
used on the airport for airport planning, development, or operating expenses, except that all
income from real property purchased for noise compatibility purposes or for future aeronautical
use be used only to fund projects which would be eligible for grants under the Act. Income from
noise or future use property may not be used for the Sponsor's matching share of any airport
grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of
these funds.
20. FUTURE DEVELOPMENT LAND: The Sponsor agrees to perform within 5 years of this
Grant the airport development that requires this land acquisition, and further agrees not to
dispose of the land by sale or lease without prior consent and approval of the Federal Aviation
Administration. In the event the land is not used within the 5 years for the purpose for which it
was acquired, the Sponsor will refund the federal share of acquisition cost or the current fair
market value of the land, whichever is greater.
21. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain
andlor acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones (RPZ):
a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to
prevent the erection or creation of any structure or place of public assembly in the RPZ,
except for NAVAIDS that are fixed by their functional purposes or any other structure
approved by the FAA. Any existing structures or uses within the RPZ will be cleared or
discontinued unless approved by the FAA.
b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take
any and all steps necessary to ensure that the owner of the land within the designated RPZ
will not build any structure in the RPZ that is a hazard to air navigation or which might create
glare or misleading lights or lead to the construction of residences, fuel handling and storage
facilities, smoke generating activities, or places of public assembly, such as churches,
schools, office buildings, shopping centers, and stadiums.
c. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire
fee title or less-than-fee interest in the RPZ for runways that presently are not under its
control within 5 years of this Grant Agreement. Said interest shall provide the protection
noted in above Subparagraphs a and b.
r
FAA Form 5100-37(10-89) Page 6 of 6----
ASW-600(1104)
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22. NOISE PROJECTS ON PRIVATELY-OWNED PROPERTY: No payment shall be made
under the terms of this Grant Agreement for work accomplished on privately-owned land
until the Sponsor submits the agreement with owner of the property required by Assurance
5d of the Assurances, Airport Sponsors, and such agreement is determined to be
satisfactory. As a minimum, the agreement with the private owner must contain the
following provisions:
a. The property owner shall subject the construction work on the project to such inspection
and approval during the construction or installation of the noise compatibility measures
after completion of the measures as they may reasonably be requested by the Secretary
or the Sponsor.
b. The property owner shall assume the responsibility for maintenance and operation of the
items installed, purchased, or constructed under this Grant Agreement. Neither the
Federal Aviation Administration nor the Sponsor bears any responsibility for the
maintenance and operation of these items.
c. The owner of the private property, or the owner's agent, the property owner shall agree
to maintain and make available to the Secretary or the Sponsor, upon reasonable
request, records disclosing the amount of funds received and the disposition of those
funds.
d. The property owner's right to sue the owner of Fort Worth Alliance Airport for adverse
noise impacts will be abrogated if the property owner deliberately or willfully acts to
reduce or destroy the effectiveness of the noise compatibility measures during the useful
life of such measures. This obligation shall remain in effect throughout the useful life of
the noise compatibility measures, but not to exceed 20 years from the date of the
Sponsor's acceptance of Federal aid for the project.
FAA Form 5100-37 (10-89) Page 7 of 7
ASW-800 (1104)
The Sponsor's acceptance of this offer and ratification and adoption of the Grant Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and this offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Grant and compliance with the
assurances and conditions as provided herein. Such Grant Agreement shall become effective
upon the Sponsor's acceptance of this offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(signature)
J. Michael Nicely
................................................................................................................................................................................................................................................................
(Typed Name)
Manager, Texas Airports Development office
............................................................................................................{Title) -......................................................-.......... ...........................
FAA Form 5100-37 (10-89) Page 8 of 8
ASW-600 (1104)
PART 11 - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Grant Application and incorporated
materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant
Application.
Executed this day of , 20
(Name of Sponsor)
(SEAL) (Sig tore of ponsor s D ig 1<ed D cial
Representativ }
By:
...................... ............. ................................................................. ......
(Typed Name of Sponso's e-.... Official
Representative)
Title:
........................................................................................................................................................................................................ ...................
Attest: (Typed Title of Sponsor's Designated Official
Representative)
• Contraot Authorization
--
C 1FICATE OF SPONSOR'S ATTORNEY
Date
acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponso emp Bred to enter into the foregoing Grant Agreement
under the laws of the State of Further, I have examined the foregoing Grant
Agreement and the actions take by said Sponsor and Sponsor's official representative has
been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and the Act. In addition, for grants involving projects
to be carried out on property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that the said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at this day of , 20
B
(Sign u e of Sponsor's Attorney)
FAA Form 5100-37 (10-89) Page 9 of 9
ASW-000(1104)
OMB Approval No.034$-0043
APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier
FEDERAL ASSISTANCE
1E C?F.:r 3. DATE RECEIVED BY STATE State Application Identifier
Btli�l ttlb .:
pPl Cayo °' Preapplicativn
'�onstruivrr`, ❑ Construction
4. DATE RECEIVED BY FEDERAL AGENCY Federal identifier
❑ Non-Construction ❑ Nan-Construction
5. APPLICANT INFORMATION
Legal Name: Organizational Unit:
CITY OF FORT WORTH AVIATION DEPARTMENT
Address(give city,county,state,and zip code) Name and telephone number of the person to be contracted on matters involving
1000 THROCKIVIORTON STREET this application(give area code)
FORT WORTH,TEXAS 76102 MICHAEL FEELEY
DIRECTOR OF AIRPORT SYSTEMS
(817)871-5403
EMPLOYER IDENTIFICATION NUMBER(E!N): 7. TYPE OF APPLICANT: (enter appropriate letter in box)
1 7 5 0 5 2 $ 6 A. State H. Interdependent School District
B. County !. State Controlled Institution of Higher Learning
C. Municipal J. Private University .
8. TYPE OF APPLICATION: D. Township K. Indian Tribe
E. Interstate L. Individual
F. Intermunicipa! M.Profit Organization
® New El Continuation ❑ Revision G. Special District
N. Other(Specify)
If Revision,enter appropriate letter(s)in box(es):
A Increase Award B Decrease Award C Increase Duration
D Decrease Duration Other(specify)
9. NAME OF FEDERAL AGENCY
FEDERAL AVIATION ADMINISTRATION,SW REGION
FORT WORTH,TEXAS 76193-0650
10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
ASSISTANCE NUMBER PERFORM PORTIONS OF VARIOUS FUNCTIONS
TITLE: Airport Improvement 1 NECESSARY TO EXTEND RUNWAYS 16R& 161,,
Program A!P INCLUDING LAND ACQUISITION AND DESIGN;
12. AREAS AFFECTED BY PROJECT(cities,counties,states,etc.): ADDITIONAL EARTHWORK; CREDIT AS THE
CITY OF FORT WORTH/NORTH TARRANT COUNTY COMPLETE LOCAL SHARE FOR DONATION OF
PARCEL H-15
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF
Start Date Ending Date a. Applicant b. Project
09-01-03 09-01-05 TEXAS 6,12 TEXAS 12
15.ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS
a. Federal $ 14,250,000 •00 a. YES, THIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
b. Applicant $ 7507000 .00
c. State $ •00 DATE:
d. Local $ .00 b. NO ® PROGRAM IS NOT COVERED BY E.O. 12372
e. Other $ •00 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
f. Program income $ .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL $ 1570007000 .00 [] Yes If yes,attach an explanation ❑ No
18, TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS
AWARDED
a. Typed Name of Authorized Representative b. Title c. Telephone number
MARC OTT ASSIST C Y MANAGER 81 871-6122
d. Signature of Authodz epre ive -�--
Previous Editions Not�Jsab e Slwq t+'d Form 424 (REV 4-88)
Authorized for Local Reproduction
Puschb6d by OMI13 Circular A-102
s i
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB No.8Q-RO184
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1
Does this assistance request require State, local, Name of Goveming Body
regional,or other priority rating? Priority
Yes ZNo
Item 2.
Does this assistance request require State, local Name of Agency or Board
advisory,educational or health clearances? (Attach Documentation)
[:]Yes ZNo
Item 3
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
ZYes []No
Item 4
Does this assistance request require State, local, Name of Approving Agency NCTCGG
regional or other planning approval? Date
ZYes E]No
Check One: State ❑
Item 5. Local ❑
Is the proposed project covered by an approved Regional ❑
comprehensive plan?
ZYes[]No Location of plan CITY OF FORT WORTH
Its
Will the assistance requested serve a Federal Name of Federal Installation
installation? Federal Population benefiting from Project
[:]Yes ONO
Item 7
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
EJYes SNo Percent of Project
Item 8
Will the assistance requested have an impact or effect
on the environment?
[:]Yes ZNo
Number of:
Item 9. Individuals
Will the assistance requested cause the displacement of Families
individuals,families, businesses,or farms?
[:]Yes NNo
Businesses
Farms
Item 14.
Is there other related Federal assistance on this
project previous, pending,or anticipated?
DYes ZNo
FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100--10 PAGES 1 THRU 7 page 2
S
U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB No.80-RO184
PART II--SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. —The Sponsor has taken the following actions to assure compatible usage of land
adjacent to or in the vicinity of the airport:
THE CITY OF FORT WORTH HAS ADOPTED ORDINANCE NO. 10121,DATED JUNE 29 1988,ENTITLED FORT
WORTH ALLIANCE AIRPORT ZONING OVERLAY DISTRICT,RELATED TO HEIGHT AND LAND USE
ZONING.
2. Defaults. —The Sponsor is not in default on any obligation to the United States or any agency of the United
States Government relative to the development, operation, or maintenance of any airport, except as stated
herewith:
NONE
3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or
proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of
pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the
Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by
limiting its legal or financial ability or otherwise, except as follows:
NONE
4. Land. —(a) The sponsor holds the following property interest in the following areas of land*which are to be
developed or used as part of or in connection with the Airport subject to the following exceptions,
encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map
designated as Exhibit"A":
FEE SIMPLE TITLE TO PARCELS A-1 THRU A-9,3 THRU 7,99 10, 11A,11-(1),12, 12B,13,14H9 14(1),16,17, 189 199
27,28,3U,H.AND H-1 THRU H-17,AND EASEMENTS,CLEARANCE LICENSE,OR OTHER USE RESTRICTIONS
TO PARCELS 8A,8B,11,110, 12A, 14A9 1409 14C-1,14D, 14F9 14L, 14M9 1409 141t., 159 H-1A,H-1B9 H-1 C,H-2A,H-2B9
AND H-3A.
*State character of property interest in each area and list and identify for each all exceptions, encumbrances,
and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas
of land need only be identified here by the area numbers shown on the property map.
FAA Fonfn 5100-100(4-76) Page 3a
FAA AC 81-06913
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U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.SO-Rolm
PART II—SECTION C(Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interests.
(a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any
construction work under the Project, the following property interest in the following areas of land* on which
such construction work is to be performed, all of which areas are identified on the aforementioned property
map designated as Exhibit"A":
FEE SIMPLE TITLE,OR OTHER PROPERTY INTERESTS SATISFACTORY TO THE ADMINISTRATOR TO
PARCEL 31B
(c)The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all
construction work under the Project, the following property interest in the following areas of land* which are to
be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all
of which areas are identified on the aforementioned property map designated as Exhibit"A":
FEE SIMPLE TITLE OR OTHER PROPERTY INTERESTS SATISFACTORY TO THE ADMINISTRATOR TO
PARCELS 31 a AND 32,AND AVIOATION EASEMENTS TO AREA B
5. Exclusive Rights. —There is no grant of an exclusive right for the conduct of any aeronautical activity
at any airport owned or controlled by the Sponsor except as follows:
NONE
*Stale character of properly 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 wrap.
FAA Form 5100-100(4-76) Page 3b
FAA AC 81-06913
It I
U.S.DEPARTMENT of TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.8O-ROl U
PART III--BUDGET INFORMATION -CONSTRUCTION
SECTION A-GENERAL
1. Federal Domestic Assistance Catalog No.. . . . . . . . . . . . . . .. . . .
2. Functional or Other Breakout.. . . . . . . . . . . . . . . . . . . . . . . . .. . . .
SECTION B -CALCULATION OF FEDERAL GRANT
Use only for revisions
Cost Classification Latest Approved Adjustment Total
Amount +or Amount
Required
1. Administration Expense $ $ $
2. Preliminary Expense
3. Land,structures,right-of-way 900,000.00
4. Architectural engineering basic fees 11400,000.00
5. Other architectural engineering fees
8. Project inspection fees 700,000.00
7. Land development
8. Relocation Expenses
9. Relocation payments to individuals and businesses
10. Demolition and removal
11. Construction and project improvement 13,000,000.00
12. Equipment
13. Miscellaneous
14. Total(Lines 1 through 13) 15,000,000.00
15. Estimated Income(if applicable)
18. Net Project Amount(Line 14 minus 15) 15,000,000.00
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants) 13,000,000.00
20. Federal Share requested of Line 19 14,250,000.00
21. Add Rehabilitation Grants Requested(100 percent)
22. Total Federal grant requested(Lines 20&21) 14,250,000.00
23. Grantee share 750,000.00
24. Other shares
25. Total project(Lines 22, 23,&24) 15,000,000.00
FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4
r
SECTION C -EXCLUSIONS
Classification ineligible for Excluded from
Participation Contingency Provision
25 1} 2)
a. $ $
b..
C.
d.
e.
f.
g. Totals
SECTION D -PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share $ 750,000.00
a. Securities
b. Mortgages
c.Appropriations(By Applicant)
d. Bonds
e.Tax Levies
f. Non Cash
g.Other(Explain) 750,000.00
h .TOTAL—Grantee share 750,000.00
28. Other Shares
a. State
b.Other
c.Total Other Shares
29. TOTAL $ 7509000.00
SECTION E -REMARKS
GRANTEE SHARE IS PROVIDED THROUGH VALUE OF DONATED LAND
PART IV PROGRAM NARRATIVE
The purpose of this project is to continue with a previously initiated project to acquire
land for, design, and construct an extension to both the primary and secondary runways
and parallel taxiway at the airport. The extensions requires relocation of a railroad, State
Highway, and a roadway within the industrial park surrounding the airport. The
extensions are necessary to allow full, gross-weight operations by aircraft currently using,
the airport and additional aircraft forecast to use the airport within the next five years.
Environmental findings and documentation of need have already been made for all of the
proposed development.
The project may include all or portions of various elements of work necessary for the
extension, including design, earthwork, and acquisition of land necessary for the actual
extension and/or the relocations. The design element could also include studies of
various phases of the project as necessary to assure most cost effective development.
As with all projects at Fort Worth Alliance Airport, the local share of funding will come
from the value of land donated for the project. The value of the land designated has been
approved by the FAA.
Attachment 1
SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS
CITY OF FORT WORTH FORT WORTH ALLIANCE
Sponsor's Name Airport Project Number
RUNWAY EXTENSION,RAILROAD AND ROADWAYS RELOCATION DESIGN AND CONSTRUCTION
Project Description
Section 47105(d)of Title 49, U.S.C,Subtitle VII,Part B(P.L.103-272,as amended),authorizes the Secretary to require certification
from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major
requirements for this aspect of project implementation.However,the list is not comprehensive,nor does it relieve sponsors form fully
complying with all applicable statutory and administrative standards.Every certified item must be marked. Each certified item with a
"no" response must be fully explained in an attachment to this certification.If the item is not applicable to this project,mark the item
"NIA".General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors
may use other qualifications-based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular
150/5100-14.
1. Advertisements will be placed to ensure fair and open competition from a wide area of interest. Yes® No❑ N/A[:]
2. For contracts over$25,000,consultants will be selected using competitive procedures based on qualifications, YesS No[] NIA❑
experience,and disadvantaged business enterprise requirements with the fee determined through negotiation.
3. An independent cost analysis will be performed,and a record of negotiations has been prepared reflecting the Yes® No❑ N/A[]
considerations involved in the establishment of fees.
4. If engineering or other services are to be performed by sponsor force account personnel,prior approval will be Yes[] No[:] NIAZ
obtained from FAA.
5. The consultant services contracts will clearly establish the scope of work and delineate the division of Yes® No❑ N/A[]
responsibilities between all parties engaged in carrying out elements of the project.
6. Costs associated with work ineligible for AIP funding will bee clearly identified and separated from eligible Yes® No❑ NIA❑
items.
7. All mandatory contract provisions for grant-assisted contracts will be included in all consultant services Yes® No❑ N/A[]
contracts.
8. If the contract is awarded without competition,pre-award review and approval will be obtained from FAA. Yes[] No[] NIA®
9. Cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards will not be used. YesS No❑ N/A[]
10. If the services being procured cover more than the single grant project referenced in this certification,the Yes[] No[:] NIA®
scope of work will be specifically described in the advertisement,_and future work will not be initiated beyond
three years.
I certify that,for the project identif ed herein,t esponses to the forgoing items are correct as marked,and that the attachments,if
any,are cor nd complete.
Signed: ,� Dated: 7 b T
Sponsor`s orized Rep se ative
MARC OTT, ASSISTAINT CITY MA"NAGER
Typed Name and Title of Sponsor's Representative
Attachment 2
SPONSOR CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS
CITY OF FORT WORTH FORT WORTH ALLIANCE
Sponsor's Name Airport Project Number
RUNWAY EXTENSION,ROADWAYS AND RAILROAD RELOCATION DESIGN AND CONSTRUCTION
-Project Description
Section 47105(d)of Title 49,U.S.C,Subtitle VII,Part S(P.L.103-272,as amended),authorizes the Secretary to require certification from
sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major
requirements for this aspect of project implementation.However,the list is not comprehensive,nor does it relieve sponsors form fully
complying with all applicable statutory and administrative standards.Every certified item must be marked. Each certified item with a"no"
response must be fully explained in an attachment to this certification.If the item is not applicable to this project,mark the item"N/A".
General AIP standards are described in Advisory Circular 15015100-6,15015100-15,and 150151 00-16. A list of current advisory circular
with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced
in Grant Assurance 34.
1. The plans and specifications will be developed in accordance with all applicable Federal standards and Yes® No[] NIA❑
requirements,and no deviation from or modification to standards set forth in the advisory circular(was)(will be)
necessary other than those previously approved by FAA.
2. Specifications for the procurement of equipment will not be proprietary or written so as to restrict competition. Yes® No[] N/A[]
At least two manufacturers can meet the specification.
3. The development included in the plans will be depicted on an airport layout plan approved by FAA. Yes® No[] NIA❑
4. Development which is ineligible for AIP funding will be omitted from the plans and specifications,or included Yes® No[] NIA❑
on a separate bid schedule.
Yes® Nod] NIA❑
5. Process control and acceptance tests required for the project by standards contained in Advisory Circular
15015370-10 will be included in the project specifications.
6. If a value engineering clause is incorporated into the contract,concurrence will be obtained from FAA. Yes[] No[] NIA®
7. The plans and specifications will incorporate applicable requirements and recommendations set forth in Yes® No[] NIA❑
Federally-approved environmental finding.
8. For construction activities within or near aircraft operational areas,the requirements contained in Advisory Yes® No[] N/A[]
Circular 15015370-2 will be discussed with FAA and incorporated into the specifications. A safety/phasing plan
has been prepared,the FAA concurrence(has been)(will be)obtained,if required.
9. The project will be physically completed without Federal participation in costs due to errors or omissions in the Yes® No[] NIA❑
plans and specifications which were foreseeable at the time of project design.
I certify that,for the project identified herein,th es oases to the forgoing items are correct as marked,and that the attachments,if any,are
correct and complete.
Sign: Dane:
A(—04/
Sponsor's AAkorkd Represehtive
MARC OTT, ASSISTANT CIT SAGER
Typed Name and Title of Sponsor's Representative
6199
S �
Attachment 4
SPONSOR CERTIFICATION FOR REAL PROPERTY ACQUISITION
CITY OF FORT WORTH FORT WORTH ALLIANCE
Sponsor's Name Airport Project Number
CREDIT FOR LAND DONATION,LAND ACQUISITION FOR RUNWAY EXTENSION,RAILROAD AND ROADWAY RELOCATION
Project Description
Section 47105 A of Title 49,U.S.C,Subtitle VII,Part B(P.L.103-272,as amended),authorizes the Secretary to require certification from sponsors that they
will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project
implementation.However,the list is not comprehensive,nor does it relieve sponsors form fully complying with all applicable statutory and administrative
standards.Every certified item must be marked. Each certified item with a"no"response must be fully explained in an attachment to this certification.If
the item is not applicable to this project,mark the item"NIA".General requirements on real property acquisition and relocation assistance are in 49 CFR
24. The project Grant Agreement contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970,as amended(Uniform Act).
1. Good and sufficient title is held on property in the project. The sponsor's attorney or other official has prepared and has on Yes® NO[:] NIA[]
file title evidence on the property.
2. If defects and/or encumbrances exist in the title which adversely impact the sponsor's intended use of property in the project, Yes® No❑ N/A[:]
they have been extinguished,modified,or subordinated.
3. If property for airport development is leased,the term is for 20 years or the useful life of the project. The lessor is a public Yes❑ No❑ NIA®
agency and the lease contains no provisions which prevent full compliance with the grant agreement.
4. Property in the project is in conformance with the current Exhibit A(property map). The property map is based on deeds, Yes® No❑ N/A[]
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 obtained YesE NOD NIA❑
to ensure land is used for purposed 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 FAR Part 77 surfaces,property Yes" NOD NIA[]
interest was obtained for the right of flight and right of ingress and egress to remove obstructions. Interest was obtained for the
right to restrict the establishment of future obstructions.
7. Appraisals include Valuation data to estimate the current market value for the property interest acquired on each parcel and Yes® No❑ NIA❑
were prepared by qualified real estate appraisers hired by the sponsor. An opportunity was provided the property owner or
representative to accompany appraisers during inspections.
8. Each appraisal has been reviewed by a qualified review appraiser to recommend an amount for the offer of just Yes® No0 NIA❑
compensation. The written appraisals and review appraisal are available to FAA for review.
9. A written offer to acquire each parcel was presented to the property owner for not less than the approved amount of just
Yes" NOD NIA❑
compensation.
10. Effort was made to acquire each property through negotiation with no coercive action to induce agreement. If negotiation YeS® No❑ NIA❑
was successful,project files contain supporting documents for settlements.
11. If a negotiated settlement is not reached,condemnation was initiated and a court deposit not less than the just compensation Yes® No❑ NIA❑
was made prior to possession of the property. Project files contain supporting documents for awards.
11. If displacement of persons,businesses,farm operations,or nonprofit organizations is involved,a relocation assistance Yes® No❑ NIA❑
program was established.Displaced persons received general information on the relocation program in writing,notice of
relocation eligibility,and a 90-day notice to vacate.
13. Relocation assistance services,comparable replacement housing,and payment of necessary relocation expenses were Yes® No❑ NIA❑
provided within a reasonable time period for each displ occupant in accordance with the Uniform Act.
I certify that, r ytheotject ide tified herein,th re on o the forgoing items are correct as marked,and that the attachments,if any,are correct and
complete.
Signed: �,. Dated: �—.�►fv��
Sponsor's .4 Aarized pres tat' e
MARC OTT, ASSLSTAINT CITY MANAGER
Typed Name and Title of Sponsor's Representative
SEA-ADO-Form C'l Page 21 ► _J
Ir
Y
1
L
STANDARD DOT TITLE VI ASSURANCES
THE CITY OF FORT WORTH,T,EXAS(hereinafter referred to as the Sponsor)hereby agrees that as
a condition to receiving Federal financial assistance from the Department of Transportation(DDT),it
will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d e,.t seq.) and all requirements
imposed by 49 CFR Part 21,Nondiscrimination in Federally Assisted Programs of the Department of
Transportation--Effectuation of Title VI of the Civil Rights Act of 1964(hereinafter referred to as the
"Regulations")to the end that no person in the United States shall,on the ground of race,color, or
national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected
to discrimination under any program or activity for which the applicant receives Federal financial
assistance and will immediately take any measures necessary to effectuate this agreement. Without
limiting the above general assurance,the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b))will be conducted or
operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and
the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility,the
assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an
interest in real property,the assurance shall extend to rights to space on, over, or under such property.
S. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant
running with the land,in any future deeds,leases, permits,licenses,and similar agreements entered
into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial
assistance under this project; and
(b) for the construction or use of or access to space on,over,or under real property acquired or
improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial assistance is
extended to the program,except where the Federal financial assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or improvements thereon,in which
case the assurance obligates the Sponsor or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which Federal financial assistance
is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which the Sponsor retains ownership or possession of the property.
7. It will provide for such methods of administration for the program as are found by the Secretary of
transportation of the official to whom he delegates specific authority to give reasonable guarantees that
it, other sponsors, subgrantees,contractors, subcontractors, transferees,successors in interest, and
other participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the act,the Regulations, and this assurance.
t T
S. 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.
BATED
CITY OF FORT WORTH,TEXAS
(Sponsor)
t5i ature of Authorized �cial)
1
ASSURANCES Appendix I
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle Vll, as amended.
As used herein, the term "public agency sponsor" means a public agency with control of a
public-use airport; the term "private sponsor" means a private owner of a public-use airport;
and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall
remain in full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty(20) years from the
date of acceptance of a grant offer of Federal funds for the project. However, there shall be
no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue
so long as the airport is used as an airport. There shall be no limit on the duration of the
terms, conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the facilities
developed or equipment acquired under an airport development or noise compatibility
program project shall be no less than ten (10) years from the date of acceptance of Federal
aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 21 31 5, 01 13, 18, 30, 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall
remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act-40 U.S.C. 270(a),
C. Federal Fair Labor Standards Act- 29 U.S.C. 2011
Airport Assurances (9199) 1
Appendix I
d. Hatch Act- 5 U.S.C. 1501, et_ SeQ.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1 970 Title 42 U.S.C. 4601, et,, SeQ.1 Z
f. National Historic Preservation Act of 1966 -Section 106 - 16 U.S.C.
470(f).'
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.'
h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001, et_ seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1 973- Section 102(a) -42 U.S.C. 4012a. '
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)}
M. Rehabilitation Act of 1973 -29 U.S.C. 794.
n. Civil Rights Act of 1964 -Title VI -42 U.S.C. 20004 through d-4.
o. Age Discrimination Act of 1975-42 U.S.C. 61011 et seq.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 41511 et sec. '
r. Power plant and Industrial Fuel Use Act.of 1978 - Section 403-2 U.S.C.
8373.'
S. Contract Work Hours and Safety Standards Act-40 U.S.C. 327, et sec.'
t. Copeland Antikickback Act- 18 U.S.C. 874.'
U. National Environmental Policy Act of 1 969 -42 U.S.C. 4321, et se g.'
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984-31 U.S.C. 7501, 2
X. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706.
Executive orders
Executive order 11246 - Equal Employment opportunity'
Executive order 11990 - Protection of Wetlands
Executive order 11998 —Flood Plain Management
Executive order 12372 - Intergovernmental Review of Federal Programs.
Executive order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
C. 14 CFR Part 150 -Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public
work financed in whole or part by loans or grants from the United States.'
f. 29 CFR Part 5- Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non-construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - office of Federal Contract Compliance Programs, Equal
Employment opportunity, Department of Labor(Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
Airport Assurances (9199) ;�
r
Appendix I
i. 49 CFR Part 20 - New restrictions on lobbying.
49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title Vi of the Civil Rights Act
of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
i. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.'2
M. 49 CFR Part 26— Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
M. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.1
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.'
o. 49 CFR Part 29—Government wide debarment and suspension (non-
procurement) and government wide requirements for drug-free workplace
(grants).
p. 49 CFR Part 30 - Denial of public.works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office of Management and Budget Circulars
a. A-87--Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 -Audits of States, Local Governments, and Non-Profit
Organizations
' These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable to
private sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the fling of the application, including
all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such
additional information as may be required.
b. Private Sponsor: it has legal authority to apply for the grant and to finance
and carry out the proposed project and comply with all terms, conditions,
and assurances of this grant agreement. It shall designate an official
representative and shall in writing direct and authorize that person to fie
this application, including all understandings and assurances contained
therein; to act in connection with this application; and to provide such
additional information as may be required.
Airport Assurances (9199) 3
i
Appendix 1
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project
costs which are not to be paid by the United States. it has sufficient funds available to
assure operation and maintenance of items funded under the grant agreement which it will
own or control.
4. Good Title.
a. it, a public agency or the Federal government, holds good title, satisfactory
to the Secretary, to the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of
the sponsor, it holds good title satisfactory to the Secretary to that portion of
the property upon which Federal funds will be expended or will give
assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. it will not take.or permit any action which would operate to deprive it of any
of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in the grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part
of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of the
property upon which Federal funds have been expended, for the duration of
the terms, conditions, and assurances in the grant agreement without
approval by the Secretary. If the transferee is found by the Secretary to be
eligible under Title 49, United States code, to assume the obligations of the
grant agreement and to have the power, authority, and financial resources
to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make
binding upon the transferee all of the terms, conditions, and assurances
contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the FAA
for a grant to undertake the noise compatibility program project. That
agreement and changes thereto must be satisfactory to the Secretary. It
will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. it will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
Airport Assurances (9199) 4
Appendix 'I
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public-use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated.and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement
also requires compliance therewith.
6. consistency with Local Plans. The project is reasonably consistent with plans (existing at
the time of submission of this application)of public agencies that are authorized by the
State in which the project is located to plan for the development of the area surrounding the
airport.
7. consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development
project under Title 49, United States code, it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by the community and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project
is located to certify in writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards.
In any case where such standards have not been approved and where applicable air and
water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty days after the project
application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies
that it has implemented an effective airport pavement maintenance-management program
and it assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will provide such
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport, as defined in Title 49, it has, on the date of submittal
Airport Assurances (9199)
s
M 1
Appendix I
grant application, all the safety equipment required for certification of such airport under
section 44706 of Title 49, United States Code, and all the security equipment required by
rule or regulation, and has provided for access to the passenger enplaning and deplaning
area of such airport to passengers enplaning and deplaning from aircraft other than air
carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or used,
and the amount or nature of that portion of the cost of the project supplied
by other sources, and such other financial records pertinent to the project.
The accounts and records shall be kept in accordance with an accounting
system that will facilitate an effective audit in accordance with the Single
Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor relating
to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not
later than six (6) months following the close of the fiscal year for which the
audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids
and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under
the grant agreement which involve labor, such provisions as are necessary to insure that, in
the employment of labor(except in executive, administrative, and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined
in Section 47112 of Title 49, United States Code. However, this preference shall apply only
where the individuals are available and qualified to perform the work to which the
employment relates.
16. conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the
approved plans, specifications, and schedules shall also be subject to approval of the
Secretary, and incorporated into the grant agreement.
17. construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to the plans, specifications, and schedules approved by the Secretary for the project. It
shall subject the construction work on any project contained in an approved project
application to inspection and approval by the Secretary and such work shall be in
Airport Assurances(9199) 6
Appendix 1
accordance with regulations and procedures prescribed by the Secretary. Such regulations
and procedures shall require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining
to the planning project and planning work activities.
C. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment
of specific consultants and their subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the'use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States} shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as maybe required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal to
temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for-
(1) operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting dam --- -�
conditions, including temporary conditions; and
Airport Assurances (9199) 7
Appendix 1
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition
or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instrument and visual operations to the airport
(including established minimum flight altitudes)will be adequately cleared and protected by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities offering
services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right
or privilege at the airport is granted to any person, firm, or corporation to
conduct or to engage in any aeronautical activity for furnishing services to
the public at the airport, the sponsor will insert and enforce provisions
requiring the contractor to-
(e) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit
or service, provided that the contractor may be allowed to make reasonable
and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
Airport Assurances(9/99) 8
4 ,
Appendix 1
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport and
utilize similar facilities, subject to reasonable classifications such as tenants
or nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this.assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed-based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft
sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate
any exclusive right to conduct an aeronautical activity now existing at such an airport before
the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the
volume of traffic and economy of collection. No part of the Federal share of an airport
development, airport planning or noise compatibility project for which a grant is made under
Title 49, United States Code, the Airport and Airway improvement Act of 1982, the Federal
Airport Act or the
Airport Assurances (9199) 9
Appendix 1
Airport and Airway Development Act of 1970 shall be included in the rate basis in
establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes
on or off the airport. Provided, however, that if covenants or assurances in
debt obligations issued before September 3, 1982, by the owner or operator
of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for
the use of the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the airport
owner or operator's general debt obligations or other facilities, then this
limitation on the use of all revenues generated by the airport(and, in the
case of a public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report
will provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner
or operator are paid or transferred in a manner consistent with Title 49,
United States Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator.
C. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States.Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
available to the public; make available to the public at reasonable times and
places a report of the airport budget in a format prescribed by the
Secretary;
b. for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent of the Secretary upon reasonable request;
C. -for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms, conditions,
and assurances of the grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary
and make available to the public following each of its fiscal years, an annual
report listing in detail:
(i) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
Airport Assurances (9199) 10
t
Appendix I
(ii) all services and property provided by the airport to other units of
government and the amount of compensation received for provision of
each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft at
all times without charge, except, if the use by Government aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of operating
and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in
excess of those which, in the opinion of the Secretary, would unduly interfere with use of
the landing areas by other authorized aircraft, or during any calendar month that-
a. Five (5) or more Government aircraft are regularly based at the airport
or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. it will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather-reporting and
communication activities related to air traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including.all proposed extensions and reductions of existing
airport facilities; and (3)the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely affect
the safety, utility or efficiency of the airport.
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 acceetable to the Secretary and all costs of restoring such property
Airport Assurances (9199) 11
}
Appendix I
(or replacement thereof)to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be
excluded from participating in any activity conducted with or benefiting from funds received
from this grant. This assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where Federal financial assistance
is to provide, or is in the form of personal property or real property or interest therein or
structures or improvements thereon in which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits, or(b) the period
during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the
Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2)
be reinvested in an approved noise compatibility project as prescribed by
the Secretary.
b. (32)For land purchased under a grant for airport development purposes
(other than noise compatibility), it will, when the land is no longer
needed for airport purposes, dispose of such land at fair market value
or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to the
United States'share of the cost of acquisition of such land will, (a) upon
application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that
airport or within the national airport system, or(b) be paid to the
Secretary for deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if(a) it may be needed for aeronautical purposes (including
runway protection zones)or serve as noise buffer land, and (b)the revenue
from interim uses of such land contributes to the financial self-sufficiency of
the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987, was notified by the operator or owner of
the uses of such land, did not object to such use, and the land continues to
be used for that purpose, such use having commenced no later than
December 15, 1989.
C. Disposition of such land under(a) or(b)will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for
program management, construction management, planning studies, feasO44Y swdies, ---
architectural services, preliminary engineering, design, engineering, survsyi<ng, ma pp ingot
Airport Assurances 9199) 2
r
Appendix 1
related services with respect to the project in the same manner as a contract for
architectural and engineering services is negotiated under Title IX of the Federal Property
and Administrative Services Act of 1949 or an equivalent qualifications-based requirement
prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions, It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. it will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to
the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated
and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) it will be guided in acquiring real property,
to the greatest extent practicable under State law, by the land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and
assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) it
will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part
24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport, however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT-assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non discrimination in the award and administration of DOT-assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1 001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801).
�n�ni.r•rMii.m-. .r.r�r-r, n�r.i .ter--- ■ i�r,�i�..
Airport Assurances (9/99) 13
4 i
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on:711199
The followin apply to both AIP and PFC Projeefe
NUMBER TITLE
7017460-1J Obstruction Marking and Lighting
15015000-13 Announcement of Availability--RTCA Inc.,Document RTCA-221, Guidance and
Recommended Requirements for Airport Surface Movement Sensors
15415210-5B Painting,Marking and Lighting of Vehicles Used on an Airport
15015210-7B Aircraft Fire and Rescue Communications
15015210-13A Water Rescue Plans,Facilities, and Equipment
15015210-14A Airport Fire and Rescue Personnel Protective Clothing
15015210-15 Airport Rescue&Firefighting Station Building Design
15015210-18 Systems for Interactive Training of Airport Personnel
15015210-19 Driver's Enhanced Vision System(DEVS)
150/52204B Water Supply Systems for Aircraft Fire and Rescue Protection
15015220-10B Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
15015220-13B Runway Surface Condition Sensor Specification Guide
15015220-16B Automated Weather Observing Systems for NonFederal Applications
15015224-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
15015220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
15015224-19 Guide Specification for Small,Dual-Agent Aircraft Rescue and Firefighting Vehicles
15015220-20CHG 1 Airport Snow and Ice Control Equipment
15015220-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
15015300-13 CHG 19 Airport Design
2,3,4,5
15015340-14 Design of Aircraft Deicing Facilities
15015320-5B Airport Drainage
15015320-6D Airport Pavement Design and Evaluation
15015324-12C Measurement, Construction,and Maintenance of Skid Resistant Airport Pavement
Surfaces
15415320-14 Airport Landscaping for Noise Control Purposes
15015320-16 Airport Pavement Design for the Boeing 777 Airplane
150/53254A CHG 1 Runway Length Requirements for Airport Design
15415344-1 G Standards for Airport Markings
1501534440 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
CHG 1 &2
15415340-5B CHG 1 Segmented Circle Airport Marker System
15015340-14B Economy Approach Lighting Aids
CHG1 &2
15415340-17B Standby Power for Non-FAA Airport Lighting Systems
15415344-18C CHG 1 Standards for Airport Sign Systems
15415344-19 Taxiway Centerline Lighting System
15415344-21 Airport Miscellaneous Lighting Visual Aids
15415344-23B Supplemental Wind Cones
15015340-24 CHG 1 Runway and Taxiway Edge Lighting System
15015340-27A Air-to-Ground Radio Control of Airport Lighting Systems
15015345-3D Specification for L821 Panels for Remote Control of Airport Lighting
15015345-5A Circuit Selector Switch
15015345-7D Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
CHG 1
15015345-10E Specification for Constant Current Regulators Regulator Monitors
15015345-12C Specification for Airport and Heliport Beacon
15015345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
15015345-26B Specification for L823 Plug and Receptacle, Cable Connectors
CHG1 &2
15015345-27C Specification for Wind Cone Assemblies
15015345-28D CHG 1 Precision Approach Path Indicator(PAPI)Systems
15015345-39B CHG 1 FAA Specification L853,Runway and Taxiway Centerline Retroreflective Markers
15015345420 CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes and
Accessories
15015345 43E Specification for Obstruction Lighting Equipment
15015345 44F CHG 1 Specification for Taxiway and Runway Signs
15015345 45A, Lightweight Approach Light Structure
150/534546A Specification for Runway and Taxiway Light Fixtures
15015345 47A Isolation Transformers for Airport Lighting Systems
150/534549A Specification L854,Radio Control Equipment
15015345-50 CHG 1 Specification for Portable Runway Lights
15015345-51 Specification for Discharge-Type Flasher Equipment
CHG 1
15015345-52 Generic Visual Glideslope Indicators(GVGI)
15015345-53A Airport Lighting Equipment Certification Program
(incl.addendum)
15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
15015360-12A Airport Signing.&Graphics
15015360-13 CHG 1 Planning and Design Guidance for Airport Terminal Facilities
15015370-2C Operational Safety on Airports During Construction -
15015370-10A Standards for Specifying Construction of Airports
CHG 19 29 39 49 51 69 79
899
15015390-2A Heliport Design
15015390-3 Vertiport Design
The following,apl3ly to AIP Pro'ects only
NUMBER TITLE
15015100-14C Architectural,Engineering, and Planning Consultant Services for Airport Grant Projects
15015200-30A Airport Winter Safety and Operations
CHG 1 &2
15015200-33 Hazardous Wildlife Attractants On or Near Airports
15015300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
15015370-11 CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
15015370-12 Quality Control of Construction for Airport Grant Projects
15015370-6B Construction Progress and Inspection Report-Airport Grant Program
The followin --apply to PFC Pro'ects only
NUMBER TITLE
15015000-12 Announcement of Availability-Passenger Facility Charge(PFC)Application(FAA Form
5500-1)
City of Fort Worth, Texas
Mayor a
COUNCIL ACTION: Approved on 7/27/2004 - ordinance No. 16055
DATE: Tuesday, July 27, 2004
LOG NAME: 55ALLIANCEEXT2 REFERENCE NO.: C-20172
SUBJECT:
Approve and Accept, if Offered, a Revised Grant from the Federal Aviation Administration in the
Amount up to $15,000,000 for Additional Work on the Runway Extension Project at Fort Worth
Alliance Airport and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Apply for and accept, if offered, a revised grant from the Federal Aviation Administration (FAA) in the
amount of$1 5,000,000 for additional work associated with the Alliance Runway Extension Project for
16R & 16L at Fort Worth Alliance Airport; and
2. Authorize the use of land credits in the amount of$780,474 for the City's in-kind local match of 5% of
the project cost; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $15,789,474 subject to receipt of the grant.
DISCUSSION:
On May 4, 2004 (M&C C-20055), the City Council approved submission of a grant from the Federal Aviation
Administration in the amount of$4,698,197 for additional work on the Alliance Runway Extension Project at
Fort Worth Alliance Airport. The FAA has advised the City that additional discretionary money may be
available and recommends that the City submit a revised application increasing the requested amount to
$157000,000.
The Alliance Runway Extension Project is a multi-phase project that will be completed based on the
availability of federal funds. Several phases have already been awarded and are in various stages of
completion.
Phases I and II comprise the environmental assessment and the land acquisition portions of the project,
which are nearing completion. Phases III and IV are the design, early earthwork, and infrastructure phases
that will include the design of FM 156, BNSF Railroad and Eagle Parkway relocations.
Upon receipt of a grant from the FAA, the scope of work to be done under this phase of the Runway
Extension Project will be identified and an amendment to the Program Management Contract with Carter &
Burgess will be prepared and brought back to Council for approval.
Alliance Airport is located in Council District 2.
Logname: 5 5 AL1,T ANCFF.XT7
FISCAL IN FORMATIONXERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the Grant
Award, and adoption of the attached appropriation ordinance, funds will be available in the current capital
budget, as appropriated, of the Airport Grants Fund.
TO Fund/Account/centers FROM Fund/Account/Centers
GR14 451856 055218935000 $15,000,000.00
GR14 488199 055218935000 $789,474.00
GR14 539120 055218935010 1.5,000,000.00
GR14 541110 055218935020 $789,474.00
Submitted for City Manager's Office b : Marc off (8476)
Originating..De artment Head: Mike Feeley (5403)
Additional Information contact: Mike Feeley (5403)
Logname: 55ALLIANCEEXT2 pane 7 of 7
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