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HomeMy WebLinkAboutContract 35530 "Pr"RETARY ON Ah eftil 410� U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER v.......-, ' ... n-. r... . X17___ _ Date of Offer Fort Worth Alliance AirportlPlanning Area 3-48-0296-32-2007 --------------------------------------------- Grant No 073170458 DUNS No TO: City of Fort Worth (herein called the"Sponsor') FROM: The United States of America (acting through the Federal Aviation Administration,herein called the"FAA") WHEREAS,the Sponsor has submitted to the FAA a Project Application dated May 7, 2007,for a grant of Federal funds for a project at or associated with the Fort Worth Alliance Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS,the FAA has approved a project for the Airport(or Planning Area)(herein called the I-iProject 1�) consisting of the following: Rehabilitate Runway 16U34R, Rehabilitate Taxiways, Replace Airport Beacon, Rehabilitate Airfield Sign age System (Design), Install Airfield Lighting Control and Monitoring System, Credit as the complete local share the donation of Parcel H-23. all as more particularly described in the Project Application. 7777-�, T FAA Form 5100-37(10-89}5100-38C I of 7 t 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 Sponsors adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and b the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF of THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 95 per centurrr thereof. This Offer is made on and SUBJECT To THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be $932,758. 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: $932,758 for airport development or noise prograrn implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to aIlowabiIity under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any tirne prior to its acceptance by the Sponsor. 5. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor o n or before August 3 0, 2007, 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 epended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. LETTER of CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revered. 10. INFORMAL LETTER AMENDMENT of AIP PROJECTS: It is mutually understood and agreed that if,during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,990.00 or fire percent (5%), whichever is greater, the maximum FAA Form 8100-3 (10-89)-5100-3&C 2 of obligation ation 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 allocable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant descdp#ion will be unilaterally amended by letterfrom 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. PAVE MAII TE RAN CE MANAG E M E NT PROGRAM: For a project to replace or reconstruct pavement at the airport,the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number c-11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below Pavement Il aintenange Manaaement Proctrar An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. Are airport sponsor may use any form of inspection program it deems appropdate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in are appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program AIP assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index(PCI)survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements,"the frequency of inspections may be extended to three years. (2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and Kept on file for a minimum of fire 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 perfon ned. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. d. information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference. Refer to Advisory circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements,"for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. FAA Form 5100-37(1 - 9100- of 12. PROJECTS WHICH CONTAIN PAVING WORK C IN EXCESS OF $250,,000: The Sponsor agrees to perform the following: EPM a. Furnish a construction management program to FAA prior to the Mart 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 net limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The naive of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) blames of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications D 3666, C 1077). (4) Qualificartions of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any cut-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 ender the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 13. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which fends are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 14. MA iMUM OBLIGATION INCREASE FOR PRIMARY AIRPORTS:TS: In accordance with Section 47108(b)of IMMM the Act, as amended, the maximum obligation of the United States, as stated In Condition No. I 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 for land projects. 15. RUNWAY PROTECTION ZONES: The Sponsor agrees to tape the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: a. Existing Fee Title Interest in the Runway Protection Zone, The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the runway Protection Zone, except for IAVAIDS than are fined by their functional purposes or any other structure FAA Form 5100-37(10-89}-5100-3 4 of approved by the FAA. Any existing structures or uses within the Runway r Protection Zone will be cleared or discontinued unless approved by the FAA. b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway r Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. 15. AIR AND-WATER QUALITY. Approval of the project included in this agreement is conditioned on the sponsor's compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply with this requirement may result in suspension, cancellation, or termination of Federal assistance under this agreement. FAA Form 5100-37(10-89)-5100-38C do The Sponsors acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United states and the sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein, Such Grant Agreement shall become effective upon the Sponsors acceptance of this offer. UNITED STATES of AMERICA FEDERAL uo - (Signature)t ION A ISTRATION 0194,v J. Michael Nicely (Typed Name) Manager,Tess Airports Development office (Title) PART 11 -ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated matedals referred to in the foregoing offer and does hereby accept this offer and by such acceptance agrees to comply with all of the terms and conditions in this offer and in the Project Application, Executed this -day of City of F b (Name o orb (SEAL) (Signature of Sponsor's esigna fflcial Representative) By: MaEc (Typed Name of sponsor's Designated official Representative) Title: `..{si�nl...City ia�� er` (Typed Title f Sponsor's esignated official Attest: Representative) y Attested By- CONTRACT AUTHORIZATION: M & C G15684; Approved 4/17/07 M & C G15744; Approved 6/5/07 .1rty Heridrtx 0-1tv Secretary FAA Form 5100-37 1 0- 1 00- CERTIFICATE OF SPONSOR"S ATTORNEY i, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement ent under the lavers of the Mate of Teas. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated t Sri's day of (,AL� By V Sigr;at r of Sponsor's Attorney) FAA Fora 5100- (10-89y5lOD- of OMB A royal Igo.0348-0043 •APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE . TYPE 3, DATE RE EIVED BY TATS state Appficaficn Identifier SUBMISSION: Application Preapplication Don tnucbon onstrucfion 4. DATE R5 EIVED BY FEDERAL AGENCY Federal Identifier ❑ Non-Construction ❑ Non-Construction . APPLICANT INFORMATION Lega4 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 ratters involving 1000 TROIORTON STREET this application(give area code) TORT WORTH,TEAS 7 102 TIM FARO PRESIDENT,ALLIANCE AVIATION SERVICES (817)890-1000 EMPLOYER IDENTIFICATION NUMBER(EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) C 1 7 A. Slate K Interdependent School District B. County 1. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K Indian Tribe 8, TYPE OF APPLICATION- E. Interstate L. Individual F. lntermunicipal M.Profit Organization New � ontinualivn ❑ Rev4s4os� Special District 4 . Other(Spe fy) If Revision,enter appropriate letter(s)in boxes): 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 FORTH,TEXAS 76193-0650 10. CATALOG OF FEDERAL DOMESTIC 11, DESCRIPTIVE TITLE OF APPLICANT'S T'S P# JE T: ASSISTANCE NUMBER DESIGN AND CONSTRUCT REHABILITATION OF . RUNWAY SHOULDERS AND ADDITIONAL PAVING TITLE; Improvement , Program AIP INCLUDING JOINT SE LING; DESIGN AIRFIELD 2 1 . AREAS AFFECTED B PROJECT(cities,counties,slates,etc.): SIGN REHABILITATION AND RELOCATION OF CITY OF FORT WORTHINORTH TARRANT COUNTY AIRPORT BEACON,AND INSTALL AIRFIELD LIGHTING CONTROL AND MONITORING SYSTEM; CREDIT AS THE LOCAL SNARE FOR DONATION OF PARCEL H- 1 _ PROPOSED PROJECT 14. CON RESBI NAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project 7-01-x? 7-01-08' TEXAS 6,12 TEAS 12 15.ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Federal 9329758 .0 a. YES, THIS PRE PPLIDATI IIAPPLIr;ATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE DRDER 12372 PROCESS FOR REVIEW ON b Applicant 49 092 :1 c. State •00 DATE: d. Local .00 b. NO PROGRAM IS NOT COVERED BY E,0, 12372 e. Otter .00 OR PROGRAM HAS NOT BEEN SELECTED 13Y STATE FOR REVIEW f Program incorne .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL 9$1,$50 ❑ Yes It Yes,attach an explanation 21 No 18, TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLI ATt N 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 ASSURANGF-S IF THE ASSISTANCE I AWARDED a. Typed Name of Authorized Representative b. Title c, Telephone number MARC'OTT ASSISTANT CITY MANAGER (81 392-6122 d. Signature Au1 ripe epr s►tattr e. Date Signed f Prewous N sable -.- ,••,r,r --• Standard Form 424 (REV 4-88) Prescribed r Authorized for Local F pro du i t OMB Circular A-102 U.S.DEPAPtTMENT OF TRANSPORTATION F50EF AL AVIATION AOMINISTRATI N OMB NO.8c FR 1 e4 PA Ror PROJECT APPROVAL INFORMATION SECTION A Rem 1 Does this assistance request require Mate, local, Name of Governing Body regional,or other priority rating? Priority Yes �to Rte Does this assistance request require State, local tame of Agency or Board advisory,educational or health clearances' (Attach Documentation [-]Yes �No Item Does this assistance request require clearinghouse review (Attach Comments) in accordance With OMB Circular A-95? Zyes E]No Item 4 Dees this assistance request require Mate, local, lame of Approving Agency NCTCOG regional or ether planning approval"? Date E]Yes [:]No Check One: State ] Item 5. Local Is the proposed project covered by an approved Regional E3 comprehensive plan? NYesE:]No Location of plan CITY OF FORT WORTH Item 6._ Will the assistance requested serve a Federal Jame of Federal installation installation.? Federal Population benefiting from Project []Yes �No Item Will the assistance requested be on Federal land Warne of Federal Installation or installativn? Location of Federal Land []Yes No Percent of Project Item Will the assistance requested have an impact or effect on the environment? []Yes[DNo Number of: Items Individuals Will the assistance requested cause the displacement of Families individuals, families, businesses, or farms' Businesses[]Yes ZNo Farms Item 10. Is there other related Federal assistance on this project previous,pending,or anticipated? []Yes ZNo FAA Form 5100-100( -73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page US,DEPA TMENT OF TRANSPORTATION FEDERAL AVIATION ADMINI TRAT10N 0 M NO.8Q-Ro184 PART 11—SECTION The Sponsor hereby represents and certifies as follows: 1. Compatible land Use. —The Sponsor has taken the foliowing actions to assure compatible usage of lard adjacent to or in the vicinity of the airport: THE CITY OF FORT WORTH HAS ADOPTED ORDINANCE NO.1 121,DATED JUNE 2119889 ENTITLED FORT WORTH ALLIANCE AJRPORT 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 male 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. band. — 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 reap designated as E hibit;`A FEE SIMPLE TITLE T 0 PARCELS A-1 THRU A-9,3 THRU 79 9, 101 11A,11-(1)7 129 12B, 13, 14H, 14(1)9 1 , 1'7, 187 1 20, 27,28,307 31b,32A,32%32C9 33A5,33R5 3%H,AND H-1 THRU H-23,AND EASEMENTS, CLEARANCE LICENSE, OR OTHER USE RESTRICTIONS TO PARCELS 8A, 8B7 117 11 C,12 ,1 , 14C1,1 -19 14D,, 1 F, 14L, 14M7 140114R, 15,H-1A1 H-1R, -1 ,H-2A,H-2R#AND R-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 mead only be identified here by the area numbers shorn on the property Flap. FAA Form 100-100(4-75) Page 3a FAA AC 8'1-0691 3 U.S.OEPA TMENT OF TRANSPORTATION PEDERAL AVIATION AOMINISTRAT( N OMB NO.80-R O184 PAR' II—SEC'T'ION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attoruy 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 evert prior to the start of any construction work under the Project: the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit"A": NONE c)The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project: the following property interest in the following areas of land*which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit"N': FEE SIMPLE TITLE TO PARCELS , , -1 7t AND 38 5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The ,separate areas of lard reed only be identified here by the area numbers shorn on the property reap. FAA Form 5100-100(4-76) Page 3b FAA AC 91-06913 Y r U.&DEPARTMENT OF'TRANSPORTATION FEDERAL AVIATION AD Wil N IST RATION O IB NO.W-Rol" PART 111—BUDGET INFORMATION-CONSTRUCTION SECTION A-GENERAL 1. Federal Domesfic Assistance Catalog W. . . . . . . . . . . . . . .. . . . 2. Functional or Other 0 rea kcot:. . .. . . . .. . . . . . . ., . . . . , . ... . . . SECTION B-CALCULATION OF FEDERAL GRANT U se on ly No r rev' io n Cost Classification Latest Approved Adjustment Total Arnount +or - Amount Required 1. Administrabon Expense 26,341.00 2. Preliminary Expense 1 Land,structures,right-of--r ay 491092,52 4, Architectural engineering basic fees 1007000.D0 5. Other a rehitectu r,l an gi neerin 9 fees 6. Pnr t inspection fees 545000.00 7. Land development 8. Rokc ton Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 7567417.00 12. Equipment 13, Miscdlaneous 14, Total(Lines 1 through 13) 9811854.52 15. Estimated Income +f applicable) I& Net Project Amount(Line 14 minus 15) 981,850.52 17. Less:Ineligible Exclusions 18. Add:Gonfingencies 19. Total Project Arnt,(Excluding Rehabilitation Grants) 981,850.52 0. Federal Share requested of Line 19 9327758.00 21. Add Rehabilitation Grants Requested(100 percent) 22. Total Federal grant requested(Lines 20&2 } 932,758.00 23. Grantee share 497 2.52 24. Other shares 25, Total project(Lines 22,23,8 24) 981,850,52 FAA Form 1 OG-100( -7 ),SUPERSEDES FAA FORM 5100-10 PACES 1 THRU 7 Page SECTION D - EXCLUSIONS Classification Ineligible for Excluded from Partidpation Contingency Provision 1) P a. b.. C. d. e. f. 9. Totals SECTION D -PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 7. Grantee Share 49,092.52 a.Securities b. Mortgages c.Appropriattons(By Applicant) d.Bonds .Tax Levies f.Non Cash g .Other(Explain) 49,092.52 h.TOTAL—Grantee share 49,092.52 28. Other Shares a.State b.Other c.Total Other Shares 29. TOTAL 499092.52 SECTION E - REMARKS GRANTEE SHADE IS PROVIDED THROUGH VALUE OF DONATED LAND f f v e PART IV PROGRAM NARRATIVE The purpose of this project is to perform various improvements at the airport including rehabilitation of shoulder pavement on Runway l L- (between Taxiways a 'A' an ` D'), as well as other pav ment rehab 111 tati n and joint sealing; re l eati n o f the aiarp rt beacon to improve risibility after the two runways are extended; design a rehabilitation of the airfield sign system; and to install an unproved lighting control and monitoring system-. The pavement improvements are necessary to repair sections of pavement which were constructed with the airport's original development more than 15 years ago. The beacon relocation is necessary to allow more effective use of the property in the vicinity of the current location and to place it in a more central location after the two new runway extensions are operational. The new lighting control and monitoring system will facilitate more efficient operation of the system after completion of the runway improvements. Finally, the sign system requires changes to meet new FAA requirements and to assure compatibility with the proposed new airfield layout. As with all projects at Fort worth Alliance Airport, the local share of funding will come from the value of land donated for the project. The value of the land designated has been approved by the FAA. # R U.S.DE PA RTME NT OF TRAN SP 0RTATI0N FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION N SELECTION of CONSULTANTS CITY OF FORT T WO TH FORT T O TH ALLIANCE - (Sponsor) (Airport) (Project Number) REHABILITATION F RUNWAY SHOULDERS AND OTHER PAVEMENT, INCLUDING JOINT SEALING, RELOCATION OF AIRPORT BEACON, INSTALLATION OF NEW LIGHTING CONTROL AND MONITORING SYSTEM, AND DESIGN OF REHABILITATION OF THE AIRFIELD SIGN SYSTEM. (Work Description) Title 49, United States code, section 47105(d), authorizes the Secretary to require certification from the sponsor that It will comply with the statutory and administrative requirements in carrying out ar project under the Airport Improvement Program AIP . General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning consultant services for Airport Grant Projects. Except for the certtified items below rnarked not applicable (N/A)9 the Ilst includes major requirements for this aspect of project implementation, although it is net comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standard. Yes No N/A 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. 2. For contracts over$100,000, consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are � ❑ ❑ not significantly above the sponsors independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was (will be) obtained ❑ ❑ from the FAA. 5. The consultant services contracts clearly establish (will establish)the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in ❑ ❑ solicitations, contracts, and related project documents. 7. ,Mandatory contact provisions for grant-assisted contracts have been (will be) included in consultant services contracts. 8. The cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards were not (will not be) used. 9. If the services being procured corer more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement, and future work will not be initiated beyond five years. N 1 certify, for th e project 1d e ntifr ed h e re in, responses to the fo rgol n items are accurate as ma rked and have prepared documentation attached hereto for any item marked "no"that is correct and complete. i CITY OF FORT WORTH (Name ons 4r _0L (Signature of Spons s Designated Official Representative) MARC OTT (Typed Name of Sponsor's Designated Official Representative) -ASSISTANT CITY MANAGER (Typed Title of Sponsors Designated Official Repmsentative) �� r7 _� _ (Date) U.S.DEPARTMENT T F TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT 1 T I PI VEM EC T PROGRAM SPONSOR EI TIFI ATI I PROJECT PLAINS AND SPECIFICATIONS CITY OF FORT T WO TH FORT T WO TH ALLIANCE - (Sponsor) (Airport) (Project dumber) REHABILITATION N F RUNWAY SHOULDERS AND OTHER PAVEMENT, INCLUDING ,JOINT SEALING, RELOCATION F AIRPORT F T BEACON, INSTALLATION OF AIRFIELD LIGHTING CONTROL AND MONITORING SYSTEM, AND DESIGN OF AIRFIELD SIGN REHABILITATION.. (work Description) Title 49, United States code, section 10d , authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular AC 150/5100-6, Labor Requirements for the Airport Improvement Program, Ac 150/5100-15, Civil Fights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One--General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as pr cur m ntlinstallation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained In the grant agreement. Except for the certified Items below marked not applicable (NIA), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No lllA 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements, sc no deviation or modification to standards set Z ❑ ❑ forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not b proprietary or written so as to restrict competition. At least Z ❑ El two manufacturers can meet the specification. 3. The development included to be included) in the plans is depicted on the airport layout plan approved by the FAA. 4. Development than is ineligible for AIP funding has been (will be) Z omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/537 0-1 Z ❑ are (will b included in the project specifications. 6. If a value engineering clause is incorporated into the contract, ❑ concurrence was (will b obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the � � ❑ Federally approved environmental finding. Yes No N/A 8. For construction activities within or near aircraft operational areas, the requirements contained Iii Advisory Circular 150/5370-2 have been gill be discussed with the FAA as well as incorporated into the specifications, and a safet /phasfn plan has FAA's concurrence, if required. 9. The project was gill be physically completed without Federal participation in costs due to errors and omissions in the plans ands specifications that were foreseeable at the time of 'e z p project t design. i certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no"that is correct and complete. CITY OF F T;W H - f SP or (Signature of Sponsor's Desi Ater a Repr sentative) MARC OTT (Typed Name of Spon oes Designated Official Repr rotative) (Typed Title of Sponsoes Designated Official F epm entative) ASSISTANT CITY MANAGE r ...................... J.S.D E PA kTM ENT of TRANS PO RTATIO N FEDERAL AVIATI 0 N ADM I N I STRATI 0 N AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG-FREE WORKPLACE CITY OF FORT WORTH FORT WORTH ALLIANCE -33 (Sponsor) (Airport) (Project Number) REHABILITATION OF RUNWAY SHOULDERSAND ADDITIONAL PAVEMENT, INCLUDING JOINT SEALING, RELOCATION OF AIRPORT BEACON, INSTALLATION OF AIRFIELD LIGHTING CONTROLS AND MONITORING SYSTEM, AND DESIGN OF AIRFIELD SIGN SYSTEM REHABILITATION. (work Nscription) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport improvement Program (AIP). General requirements on the drug-free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug-Free Workplace Act of 1988. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. A statement has been (will be published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and F specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug-free awareness program has been will be) established to inform employees about: a. The dangers of drug abuse in the workplace; b., The sponsor's policy of maintaining a drug-free workplace; C. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been (will be given a copy of the statement required within item 1 ❑ above. 4. Employees have been ( ►ill be) notified in the statement required by item 1 above that, as a condition employment under the grant, the employee wilk a. Abide by the terms of the statement-1 and 0 0 b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. Yes No N/A 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice: including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or ether appropriate agency. 7. A good faith effort will be made to continue to maintain a drug-free Z 0 workplace through implementation of items 1 through 6 above. I have prepared documentation attached hereto with site(s)for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified in the attachment. I have prepared additional documentation for any above items marked "no" and attached it hereto. J certify that, for the project identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. CITY OF FORT W9P e of S nsor) (Signalum J1 S es Designated Officiai'"epresentative) MARC OTT (Typed Name of Sponsor's Designated Official Representative) ASSISTANT CITY MANAGER (Typed Title of Sponsor's Designated Official Representative) J.S.D E PARTM E NT of TRANS POI TATI N FEDERAL AVIATION ADMINISTRATION All IMPROVEMENT PROGRAM SPONSOR CERTIFICATION REAL PROPERTY ACQUISITION CITY OF FORT WORTH FORT WORTH ALLIANCE -33 (Sponsor) (Airport) (Project Number) REHABILITAION OF RUNWAY SHOULDERS AND ADDITIONAL PAVEMENT, INCLUDING JOINT SEALING, RELOCATION OF AIRPORT BEACON, INSTALLATION OF AIRFIELD LIGHTING AND MON ITO RING SYSTEM, AN D DESIGN OF A I RFIELD S I GN SYSTE M RE HAB I L ITATI 0 N, (work IDescription) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on real property acquisition and relocation assistance are in Title 49, Code of Federal Regulations (CF R), Part 24. The AIP project grant agreement contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act), as amended. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implement fion, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A I The sponsor's attorney or other official has (will have) good and Z El 0 sufficient title as well as title evidence on property in the project. 2. If defects and/or encumbrances exist in the title that adversely impact the sponsor's intended use of property in the project, they Z ❑ ❑ have been (will be extinguished, modified, or subordinated. 3. If property for airport development is (will be) leased, the following conditions have been met: 3. The term is for 20 years or the useful life of the project, b. The lessor is a public agency, and C. The lease contains no provisions that prevent full compliance with the grant agreement. 4. Property in the project is (will be) in conformance with the current Exhibit A property map, which is based on deeds, 1:1 1:1 title opinions, land surveys, the approved airport layout plan, and project documentation. 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was (will be) obtained to El ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For any acquisition of property interest in runway protection zones and areas related to 14 CFI 77 surfaces, property interest was (will be)obtained for the following: a. The right of flight, b. The right of ingress and egress to remove obstructions, and C. The right to restrict the establishment of future obstructions. Yes No 7. Appraisals prepared by qualified real estate appraisers hired by the sponsor include (will include) the following. a. Valuation data to estimate the current market value for the property interest acquired on each parcel, a n d ❑ ❑ b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections. B. Each appraisal has been (will be) reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, the it El and a wry ten appraisals a well as review appraisal are available to FAA for review. 9. A written offer to acquire each parcel was (will be) presented to the property owner for not less than the approved amount of just ❑ ❑ compensation. 10. Effort was (will be) made to acquire each property through the following negotiation procedures: a. No coercive action to induce agreement, and � � ❑ b. Supporting documents for settlements included in the project files. 11. if a negotiated settlement is not reached, the following procedures were (will be) used: a. Condemnation initiated and a court deposit not less than the � ❑ ❑ just compensation made prior to possession of the property, and b. Supporting documents for awards included in the project fifes. 12. If displacement of persons, businesses, farm operations, or non- profit organizations is involved, a relocation assistance program was (will be)established, with displaced panties receiving general El information on the program in writing, including relocation eligibility, and a -day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were (will be) provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked un "that is correct and complete. CITY of FORT T Na o orb (Signature Sponsor's wbe sign a cia{Representative MARC OTT (Typed Name of Sponsors Designated Official Representative AS51 TANT CITY MANAGE (Typed Title of ponsot's Designated Official Representative S_-' v— Y (Date) F STANDARD DOT TITLE VI ASSURANCES THE CITY OF FORT WORTH,T XAS(hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial w sslstance from the Department of Transportation (DOS),it will comply with Title VI of the Civil Rights Act of 1964 U.S.C. l d et and all requirements imposed by 49 CFR fart 2 1,Nondiscrimination in Federally Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Fights 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 other-vise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately tale 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 Z 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 facifity and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as 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 WW comply with all requirements imposed or pursuant to the act, the regulations, and this assurance. 8. It agrees that the United States has right to Seely judicial enforcement with regard t any matter arising under the Act,the Regulations, and this assurance, TIRS 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. DATE] CITY OF FORT WORTH,TEXAS (Sponsor) (Signature of Authorized ffiial .5 r r L ' y ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49,U.S.C.,subtitle VII}as amended. As used herein,the terra "Public agency sponsor"means a public agency with control of 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. L 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 gears From the date of acceptance of a grant offer of Federal Bards for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive bights 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 bights assurance shall he 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 gears from the date of acceptance 0f Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unie s otherwise specified in the grant agreement,only Assurances 1,2P 3,57 61 139 18,30,32,33,and 34 in section C apply to planning projects. The tens,conditions,and assurances of the grant agreement shall retrain 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 lin ited to the following: Federal Legislation a. Title 49P U.S-C.,subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C.276(a),et seg.' C. Federal Fair Labor Standards Act-29 U.S,C-201,et seq. d. Hatch Act-5 U-S. . 1.501, Airport Assurances (3/2005) 6 Uniform relocation Assistance and Deal PrDperry Acqu'sition Policies pct of 1970 Title 42 U.S,C. 4601,et seq.12 f. National Historic Preservation Act of 1966-Section 1 - 16 U.S.C. 470(1 .1 g. Archeological and Historic Preservation Act of 1974 - 16 U, . , 469 through 469c-1 h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et M. i. Clean Air Act, P.L. -148,as amended. j. Coastal Zone Management Act, P1.93- 0 ,as amended. k. Flood Disaster Protection Acl of 1973-Section 102 ar -4 2 U.S.C, 4012a.I 1. Title 49 U.S.C.,Section 303,(formerly known as Section f M. rehabilitation Act of 1973 -29 U. .C. 794. n. Civil Fights Act of 1964-Title V1 -42 U.S.C.2000d through d-4. o. Age Discrimination Act of 1975-42 U.S.C.6101,et seg. P. American Indian Feliious Freedom Act, P.L.9 -341,as amended. q Architectural Barriers Act of 1 968-42 U9 . .415 1,et 1 r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.1 S. Contract Mork Hours and Safety Standards Act-40 U . . 327,et t. Copeland Anti kickback Act- 18 U.S.C.874. U. I ationaI Envirorunental Policy Act of 1969-42 U. C.4321,et seq. V. Wild and Scenic Firers Act,P.L.9 -542,as amended, W. Single Audit Act of 1984 -31 U.S.C.7 501,et seq.2 . Drug-Free Workplace Act of 1988-41 U.S.C. 702 through 706. Executive Orders Executive Order 11246-Equal Employment Opportunity' Executivc Order 11990-Protection of Wetlands —__ - -- -- -L - - —'Exec u_fi a rd r T -- l d atn an' agernent --- Executive Order 12372-Intergovernmental review of Federal Programs. Executive Order 1 2699-Seismic Safety of Federal and Federally Assisted New Building Construction) Executive Order 1 898 -Environmental Justice Federal Regulations a. 14 CFR Part 13 -Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For F d Tall r Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150-Airport noise compatibility planning. d. 29 CF R Part 1 -Procedures for predetermination of wage rates.� e. 29 CFR Part 3 -Contractors and subcontractors on public building or public work financed in whale or part by loans or grants from the United States.I f. 9 Fi Part 5-Labor standards provisions applicable to contracts covering federally financed and assisted constructs on(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act .I g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor(Federal and federally assisted contracting requir ments).1 Airport Assurances (3!2005) 7 h. 49 CFR Part l - [uniform administrative requirements for grants and cooperative agreements to state and local go ernrnents.3 i. 49 CFR Part 20-New restrictions on lobbying. J. 49 CFR?art.21 -Nondiscrimination on in federally-assisted programs of the Department of Transportation-effectuation o f Title V1 of the Civil Rights Act of 1964, . 49 CFR Part 2 -Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted prograrns.1 2 M. 49 CFR Part 2 —Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs aknd aGcfiv1ties receiving or benef itin from 1~ dera I financia I assistance.� o. 49 CFR Fart 2 —Govemment wide debarment and suspension(non- procurement)and government oxide 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.I Office of Management and Budget Circulars a. - 7-Cost Principles Applicable Lo Grants and Contracts with State and Local Governments. b A-13 3-Audits of States,Local Governments,and Nc)n-Profit Organizations i These laws do not apply to airport planning sponsors. _.. Vie-la r -d -not-apply t - ry ate-sponsors. - 3 49 CFR Part 18 and OM B Circular A-87 contain requirements for Mate and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Govemrnents by this regulation and circular shall also be applicable to primate sponsors receiving Federal assistance under Title 49,United Mates 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 are official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions,and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person - Airport Assurances (312005) to file this application,including all understandings and assurances contained therein;to act in connection with this application;and to provide such additional information as may he required. 3. Sponsor Fund Availability, it has sufficient funds available for that portion of the project costs which are not to be paid by the United Mates. It has sufficient funds mailable 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 goad 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. 'reserving 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 Ex hlbIt A to [his —------ A.---. ap Pfic ati moo;,or -no Es -' m VL 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 shail 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 go eniment or are on property owned b y a u it o 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 tens,conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the none compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will tape 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 eater into an agreement with the owner of that Airport Assurances (3/200 5) property which includes provisions specified by the Secretary, it will tale steps to enforce this agreement against the property owner whenever There is substantial non-compliance with the terms of the agreement. e- if the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f: If an arrangement is made for management and operation of the airport by any agency or person ocher than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code,the regulations and the terms,conditions and assurances in the grant agreement acid shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plants(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 United States bode,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. —�v--- --�--R ---� c I ring :- r-Pro t-in o ving-th - a � C,�n szmmw�r,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 consistence 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 cornmunities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. Yd. Air and Water Quality Standards. In projects involving airport location,a major runway extension, or runway location it will provide for the Govemor of the state in which the project is located to certify in wTiting to the Secretary that the project will be located, designed,constructed,and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such Airport Assurances (3/2005) 1 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49, it has,on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49,United States Code,and all the security equipment required b y 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. 1 . Accounting System, Audit, and Record seeping 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 narure 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 male available to the Secretary and the Comptrolier General of the United States,or any of their duly authorized representatives, for the purpose of audit and examination,any boobs,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 - — --' - — --�--- _—--� latir-th-a-n-si'x-T6Tm-o--n-tVs-following the close of the fiscal gear for which the audit was made. 14. Minimum wage Mates. It shall include,in all contracts in excess of S2,000 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 0 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 fended 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 Mates Code,However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications,and schedules approved by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction,or other performance under this grant agreement,and,upon approval of the Secretary,shall be incorporated into this grant agreement. Any modification to the approved Airport Assurances{312005} 11 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 const ciion site throughout the project to assure that the work conforms to the plants,specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning prujeet . 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 male 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 f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably Airport Assurances(3/2005) s f: . Y l r • yr - 1 operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and Tod 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; Promptly marring and lighting hazards resulting from airport conditions, including temporary conditions,and 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 mainrenancet repair,restoration,or replacement of any structure or facillry 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. 0. Lazard 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. ]. Compatible Land 5e. 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 �- —---aim purposes comp i e with normal irp op Ens, 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 rea~sonabie terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person, firm,or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a reasonable, and not unjustly disczirrui natory, basis to all users thereof, and charge reasonzble,and not unjustly discriminatory,prices for each unit or service,provided that the contractor may be allowed to mare reasonable and nondiscriminatory discounts,rebates,or other similar types of price reductions to volume purchasers. Airport Assurances (3/2005) . 13 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 tamer 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. . Each air carrier using such airport(whether as a tenant,non tenant,or subtenant of another air carrier tenan►)shall be subject to such nondiscriminatory and substantially comparable rules,regulations, conditions,rAtes, fees,rentals,and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make sirnilaruse of such airport and utilize similar facilities,subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air tamer 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 awn aircraft with its awn 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 a�mrr is ae out a ery p v de t sot er ----y- —.--- 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 serge 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 fix ed-based opera tor shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such services,and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not,either directly or indirectly,grant or permit any person,firm, or corporation,the exclusive right at the airport to conduct any aeronautical activities, including,but not limited to charter flights,pilot training,aircraft rental and sightseeing, aerial photography,crop dusting,aerial advertising and surveying,air carrier operations, Airport Assurances (312005) 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 are 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 Cade. 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 rraffic and economy of collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for which a grant is made under Title 49,United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates,and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation Fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the airport;the local airport system;or other local Facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property;or for noise mitigation purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3, 1982,in governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of the airport owner or operator's facilities,including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation on the use of all revenues generated by the - ---- ---.. _�. -- ----- -- -1 Wm-t—of-TpUblic airport., o axes on av to- it T dIT'-'-'----.- --- -r----- - - ---not apply. b. As part of the annual audit required under the Single Audit Act of 1 984, 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 its accordance with the provisions of Section 47 l 07 of Title 49, [united States Code. Reports and Inspections. It will- a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects,make the airport and all airport records and documents affecting the airport,including deeds,leases,operation and use Airport Assurances (312005) �.�w r-�r�� J :T iT.4 I• 1 agreements, regulations and other in torments,available for inspection by any duly authorized agent of the Secretary upon reasonable request; o. 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 [o the public following each of its fiscal years, an annual report fisting in detail: i all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by GoverrLment 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 countin _each landing as a movement of _-- . --- _ — Government aircraft is or more,or the gross accurrtulatie weight of Govemment 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 Federai 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 Pl2n. a. It will keep up to date at all times an airport layout plan of the airport slowing 1 boundaries of the airport and all proposed additions thereto, together with the boundaries of all office areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,aprons,terminal buildings, hangars and roads), inciuding all proposed extensions and reductions of existing airport facilities;and the location of all existing and proposed nonavxation areas and of all existing improvements thereon. Such airport layout plans and each amendment,revision,or modification thereof,.shall Airport Assurances (312005) 1 be subject to the approval of the Secretary which appra ail shall be evidenced by the signature of a duly authorized representative of the i 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 ire 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 o n o r off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the ow-ner or operator will, if requested,by the Secretary 1 eliminate such adverse effect in a manner approved by the Secretary; or bear all costs of relocating such property or replacement thereof) to a site acceptable to the Secretary and all costs of restoring srich property or replacement thereof)to the level of safety,utility,efficiency,and cost of operation existing before the unapproved change in the airport or its facilities. 30, Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color,national origin, sex,age,or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,except where Federal financial assistance is to provide,or is in the farm 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,orb the period during which the sponsor retains ownership or possession of the property. 1. 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 be reinvested in an approved noise compatibility proj 17 C. Land shall be considered to be needed for airport purposes under this assurance if 1 it may be needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land,and 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, 1997,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1 987,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 corrunenced no Later than December 15, 1989. d. Disposition of such land under a b or c will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction management,planning studies, feasibility studies,arhiterural services, preliminary engineering, design,engineering,surveying,mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport, 33. Foreign Market Restrictions. It will not allow funds provided under th-is 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 a 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. l eloca tion and Real Property Acquisition. 1 It will be guided in acquiring real property, to the greatest extent practicable under State lain,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. It will provide a relocation assistance program of erring the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and P 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 tram portation 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. 9 CFR Part 26 to ensure Airport Assurances 00 � �... .. . j I� 1 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 ils terms shall be treated as a violalion 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. 100 1 and/or the Program Fraud Civil Remedies Act of 1986 1 U.S.C.3 80 1 . 38. Haagar C onstruction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner' expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport as defined in section 47102 of title 49,U.S.C.)has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- I. Describes the requests; Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any,the airport will be able to accommodate the requests. b- Such report shall be due on either February l or August 1 of each year if the airport has been unable to acc ommodate the requests) in the s c month period prior to the applicable dine date Airport Assurances (3/2005) CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS Dated: 711105 •; � .',6i A rLC •'AIL Ya�,i.. -ia ;c oA7t ,554� 's 70/7460-land Change 1 Obstruction Marking and Lighting 15015000-13 Announcement of Ava ila bility--RTCA Inc.,Document RTCA-221,Guidance and Recommended Requirements for Airport Surface RAAwAman# ananr¢ 15015100.15A Civil fights Requirements For The Airport Improvement Program 15015070- A Airport Master Plans 1506190m5 and Change 1 Exclusive Fights and Minimum Standards for Commercial Aeronautical Activities 15015200-28B Notices to Airmen(N TAMS)for Airport Operators 15015210-5B Painting,Marking and Lighting of Vehicles Used on an Airport 150!5210-7C Aircraft Fife and Rescue Communications 150/5210-138 Water Rescue Plans,Facilities,and Equipment 15015210-14A Airport Fire and Rescue Personnel Protective Clothing 15015210-15 Airport Fescue&Firefighting Slation Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-10 Drivees Enhanced Vision System(DEVS1 15015220-48 Water Supply Svstems for Aircraft Fire and Rescue Protection 15015220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 15015220-13B Runwav Surface Condition Sensor Specification Guide 15015220-16C Automated Weather Observinq Svstems for Nonfederal Applications 15015220-17A and Change 1 Design Standards for Aircraft Rescue Firef'iohtina Traininq Facilities 15015220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 1 5015220-1 9 Guide Specification for Small,Dual-Agent Aircraft Fescue and Firefighting Vehicles 15015220-20 and Change 1 Airport Snow and Ice Control Equipment 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 15015220-22 and Change 1 Enqineered Materials Arrestinq Svstems(EMAS)for Aircraft Overruns 15015300-13 and Changes 1 through 8 Airport Design 1 5015300-14 and Changes 1 and 2 Design of Aircraft Deicinq Facilities 150/5320-5B Airport Drainage 150!5320-6D and Changes 1 through 3 Airport Pavement Design and Evaluation 150/5320-12C and Changes 1 through 6 Measurement,Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces 15015320-t 4 Airport Landscaping for Noise Control Purposes 150/5320-15 and Change 1 Mannement of Airport Industrial Waste 150/5320-17 Airfield Pavement Surface Evaluation and bating(PASER)Manuals 150!5325-4A and Change t Runway Length Requirements for Airport Design 15015335-5 and Change 1 Standardized Method of Reportinq Pavement Strength PCN 15015340-1J Standards for Airport Markings 1 5015340-58 and Change 1 Segmented Circle Airport Marker System 150/5340-180 IStandards for Airuart Sign Svstems 15015340-19 Taxiway Centerline Lighting System 15015345-3E Specification for L821 Panels for Remote Control of Airport Lighting 150)5345-5A Circuit Selector Switch 15015345.7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 15015345-1 OE Specification for Constant Current Requiators Requlator Monitors 154!5345-12C Specification for Airport and Heliport Beacon 15015345.13A Specification for L841 Auxiliary Relay Cabinet Assembiv for Pilot Control of Airport Llqhting Circuits 150!5345-2C Specification for L823 Plug and Receptacle,Cable Connectors 15015345-270 Specification for find Cone Assemblies 15015345-28F Precision Approach Path Indicator(PAPI)Systems 150/5345-398 and Change 1 FAA Specification L853,Runway and Taxiway Centerline I etrore#Iective Markers 1 5015345420 Specification for Airport Light Bases,Transformer Housings.Junction Boxes and Accessories 15015345-43E Specification far Obstruction Lighting Equipment 150/5345-44G Specification for Taxiway and Runway Signs 150/5345 45 Light eight ADOroach Light Structure , 1� � w'•~r� --. -���ra'�,y5`Yt� -' - �:�'s tiK�,'�:k'.F"'d. R:t++..�.�?'-.,t -'� #�.ri-.4,_,:+�' �•.t�x:: ..:-rY�,S.'. MW * � -Y •E► .. - 'a.« art:`•`G}r.{± 1 M/5,3454 15B Specification for Runway and Taxiway Light fixtures 15015345-47A Isolation Transformers for Airport Lighting Systems 150/5345-49A Specification L854,Radio Control Equipment �- 15015345-50 and Change 1 Specification for Portable Runway Lights 15015345-51 and Change 1 Specification for Discharge-Type Flasher Equipment T 1150/5345-52 Generic Visual Glideslope Indicators( VI) 1 5015345-5 8 Airport U.0ting Equipment Certification Program ,150/5,345-54A and Charge 1 pecrfication for L-f 884 Power and Control Unit for Land and Hold Short 15015345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 15015360-11 Energy Conservation for Airport Buildings 15015360-12D Airport Signing&Graphics 150/5360-1:3 and Change 1 Planninq and Desim Guidance for Airport Terminal Facilities 15018370- E= iOperational Safety on Airports Durinq Construction 1 5015370-10 B Standards for Specifying Construction of Airports 15015370-13 Offpeak Construction of Airport Pavements Usinq Hat-Mix Asphalt 15015390-6A Guidelines and Procedures for Maintenance of Airport Pavements 180!8380-7 Pavement Management System 18018380-9 Handbook for Identification of Alkali-Silica Reactivity In A4rfiieid Pavements 15015390-213 Heliport Design 150/5390-3 Vertipert Design 15015395-1 Seaplane lases 15015200-30 Airport Winter Safety and Operations 15015200-33 Hazardous Wildlife Attractants On or Near Airports 150/5300-15 Use cf Value Engineering for Engineering Design of Airport Grant Project 150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370.12 Quality Control of Construction for Airport Grant Projects 15015370-6 Construction Progress and Inspection Report-Airport Grant Program THE FOLLOWING ADDMONAL APPLY to AIP PROJECTS ONLY Dated: 7/1/05 �} .- ln..�Y k.. fie_' z:- r > .� tJ r :•ra Jy 19T"*f :- •' y.}. #r NUMBE l • : . +- ,{.,..- 7 i,•1 'F.f;w+- w*+ .L~.+*vR1Jk M'LrY { �."il`K w. rJ r j' : t l r 1150/5100-14C Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects 15015100-15A Civil Eights Requirements For The Airport Improvement Program 15015100-17 and Changes 1 through 4 Land Acquisition and Relocation Assistance for Airport improvement Program Assisted Projects 150/5190-5 and Change 1 Exclusive Bights and Minimum Standards for Commercial Aeronautical Activities 15015200-30A and Changes 1 through 8 Airport VVinter Safety and Operations 15015200-33A, Hazardous Mci ife Attractants on or blear Airports 15015300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects 15015320-17 Airfield Pavement Surface Evaluation and Bating(PA ER)Manuals 15015360-11 Energy Conservation for Airport Buildings 15015370-613 Cfonstruction Progress and Inspection Report—Airport Grant Prograrn 15015370-11A Use on!Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 15015370-13 10ffpeak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7 Pavement Management System 15015380.8 Han book for identification of Alkali-Silica reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY Dated: 711105 �i -FxjG ".*TL-# - - +4- TITLE -1.,- ., ' Y±F`t r' yw''+r _, ^sue �' ' r- 1 r'• : 150/5000-1 Announcement of Availability—Passenger Facility Charge(PFC)Application(FAA Form 88041) 5 a CONSULTANT SERVICE/ENGEWERING A RE FOR TJE[E.,4LLL4NCE MENT VA JOUS P"R VEMENTS EROJECTDESCEMMON.-__ ern and C nst mcG0nM&* # 'ta on of gray shoulders,Rekmdlon of Airport Beacon, Airfield fighting Control and Monitoring systems atiftIng AlAa.nc xntement Grant for various projects. The City of Fort Worth Charter&more spy aW the Ma Code in Chapter 2 AR , Article IV, ivisi D 1 on 7, Sec. -173. "Duties of the epa ent " state that the Dqn 'lent of Engineering "shall be respensible for the engineering desip and constmedon of city luftsumm" improvement projects, as rr� end m cooperation with the other city department and which are not otherwise covered in Chapter 30 and 35 of the qty of Dort Worth Code."It also stout, "the departm4st s i he stractared as the internal service fond and as sivcb, estabh rates to recover cost of services from ether city departments," the Aviation Department, in this instanm A reprint of the Article from the MuWeipal Code dealkg with the mandated amen is attached for rvvicw- '* SCOPE OF Cenanhmt Services personnel have been mi nod the following duties In the vets Rations ncawm7 to administer Bring consnkmt serves for the above mentioned pr0i � l PHASES: • S rive as a consultant selection committee member in the selection of an outside consultant for engineering services. e Prepwm documents(M&C)for award of a cering services contract by the City. • Preparaftwiew conbra+ct documents for execution aftr the M&C is approve,for approval by the l anagees rrr Depa ent,Aviation Department,Department of Bngineerin and the censaltaat. • Review eng a ring plans and contract d4emmenis dig azoaftring d" phase and assist Action iepart in finalryany these ph=for bid. • Prepare docum k for amendments to the original contract,if aired. rt i 4 n n e_"n D .1 i Phase ont. 0 Prepare documents required to advertise these projects,including DBE Goal and compliance documents. e Originate and attend a pre-bid conference with the prospective bidders, consultant engineer and the Aviation Department. • Prepare and isaue addends,if required,before bid. Attend bid opening and assist the design eng eer in reviewing bid documents and bid tabulations, CONSTRUCTION PHASE. • Prepare documents for award of the conatructinn contract bated on the responsive low bid and coordinate with the AvUtion Department for project budgets and fiends available, Fo[low through the process of approval of the award and execution of the contract by the City Counci t II COST ALLOCATION FOR TMS EXPENSE IS LIST D IN T BUDGET AS STAB PROGRAM COORDINATION,INATION, ND AS INCLUDED IN TM APPILJCATION FOR FEDERAL ASSITANCE ON PAGE 4 TENDER SECTION 1,ADMMS 1 RA `IVE EXPENSE, INDEPENDENT C TIC �RQEQ City of Fort worth personnel who have knowledge of the engineering design and construction of the city infrastructure improvements roust perform the scope of ser ees a outlined. 'The issue, as they relate, to the r uuvments of the City cannot be assigned to an outside contmetorfconsultantg therefore, an V ndependent rate propwal would not serve any useful purpose, AL CATION F II N Y RF ;NWiG M The Project Manager assigned to perform the scope of services is a licensed Professional Engineer by the'Terms Board of Professional Engineer.He has been licensed for 29 years and has been in the engineering field for over 39 years. The Project Manager has been emplo red by the City of Dart Worth for 12 years and g months. He has been volved in the engineering administrative duties,as required,,on FAA Grant funded projects. CAPABILITIES PERE RM KS ORKLO The Project Manager has am in depth worldng knowledge of the project management services for various engineering design and construction management services for Airport Improvement Program assisted projects as set forth in the Advbory Circular No. 150/5100-17 and AC 15015100-14. The project Manager has been assigned for exclusive use on airport grant funded proje . used on the workload as forecast, it is anticipated the project should be completed in a timely manner as outlined above. RcspectfuUy submitted by: Date: A. Douglas Rademaker,P.I . D' o of engineering IP Worth Concur. Date: 07 gee nd Acting Di e r Department f Aviation Concur: Date: Rich Compton,FAA Airport Dhrbion .�,,, ,i IV.DIPAFJ3WMNTS* Page I aft i - OrMON T.ENGMEERW + "' d vt no c Secdton 1 of Card.No, 11604,edopbgd Jura 28, 1 Mg.arnerlded this ode by the a&Mm of Ch.12A,§§ 1 A-1—i A . Id nr pFovW*m a bow redeelgroted as 99 2-471-2474 he in,in order to prods for bet#eRr mes on.Sm hh0cf note fob each won for spedfio dot on goof. ` 2mi7i. hdmd;organized • A Of eft' is hweW a, ab ed. the dlepaftwirg sWI be der the do u n 0t o e gone l ,who shed be �is � � the ly . The Salary of t 1e em 1"1e0iR7 WW be In mft the � � pia of the chy. The der of to depmtrwd of engineeft engine shal be a AP al engtnew�st�d d used to prate hWtm wNssion in the ate ofTe . (Ord.,No.11604p§ 1(12A-11 6-28-N) qP �. 472m fiffm of direeW gm wa alfym The cgrecwr of engineedng shal b re pon is for onforcon rrt of Uft dh&%on mid for FAR � , � � � a mMI d rem en*mrin Wntes fog the CIV Raged by the&%primeft of orK#n9eiin . (Ord,Rio, I I W4� 1 12A-A&2 8,094) �. 4n.Dudes of the �r The d of cnoineedng sisal hm the fbbMng des: (1) The of the dep himmutt sW ad to 000cduft v&dn the de�� a shall p�1de overall� �i.rn� the�� , dud mwm en nk #bad cmikd, p rsanne saf ly mr , and adm ln ratfon of the c s M SM im pro ec s In on with OtW dly d rrtf (2) The crwectw of the IM9 It of amplearbg *ud serve as The enter for the dty,or he ma may appoint an mpkryw of ft d i nt to serve as city er ,kmr, � mph � be a 'on eater rid and c p�oe in.the Shft of Tam&M e wi* *wK siota 2M Plam and sp�c iar s ost3ucon# re o Ir. or makitermce of or.pare fah bid ors, ender, or a1v car pper#y and Nhts-*f- pubk way, such approved to be evidenced orgy by mar on such plans erd spectkaflow. No such work sW be coniff unk= and wvbI such appmml h bm ob lam. (3) Tim deparin ent shat be a for a as with WV nor vcfi nor pr isms and epo s by pwbm** i p bona oo�con of dly plc- The Immil shag be as an Memd #p icode.c 117 l ent-R=4 3191M 5 • JIF or r US. Deportment Airports Division Fort Worth,Texas 76193-0600 of Transportation Southwest Region F d rcil Avicition Arkansas, Louisiana, Administr ion New Mexico.Oklahoma, Texas JUL 6 + The Honorable Bike Moncrief Mayor, City of Fort North 1000 Throckmorton Street Fort Worth, TX 7 102 Dear Mayor Moncrief: Enclosed are two originals for Airport Improvement Program (AIF) grant 3-48-0296-32-2007 for projects at Fort Worth Alliance Airport. This grant offer in the amount of$932,758, is funded through fiscal year 2007 cargo entitlement funding in the amount of$782,758 and non-primar y entitlement funding in the amount of$150,000 for; Rehabilitate Runway 1L , Rehabilitate Taxiways, Replace Airport Beacon, Rehabilitate Airfield Signage System (Design),Install Airfield Lighting Control and Monitoring System, Credit as the complete local share the donation of parcel H-23. Please accept b y resolution of the city of Fort Worth and return the original to this office on or before August 30, 2007. An or'ginal of this grant is provided for you files. Please note that the Attorney's Certification should not be dated prior to the acceptance date. We direct you attention to Grant Assurance Number 25. By acceptance of this grant offer, you are assuring the Federal Government that all airport revenues are being used only for airport purposes or other transportation purposes identified in this assurance. This applies to aeronautical lease revenue as well as nor -aviation uses of airport property, such as industrial, ' recreational or agricultural. In order to issue this grant, we are required by the National Environmental Policy Act to make a determination of the environmental impacts of the proposed projects. The Federal Aviation Administration conducted an environmental review for the projects and issued Categorical Exclusion (CATER), which was completed on May 14, 2007. U.7 UL J 4 Should you have any questions or require additional information,please call met 817-222- 5650. Sincerely, ORIGINAL SIGNED By: J, Michael Nicely Manager, Texas Airports Development office Enclosure 2 o : Mr. Tim Ward,President Alliance Air Services /211 Alliance Blvd. Suite 100 Fort Worth,,TX 76177 V City of Fort Woft Texas Ma Y or and Comm pica for COUNCIL ACTION: Approved on 61512007 -Ordinance No. 17578-4D6-2007 ATE: Tuesday, June o , 2007 LOG NAME. 55ALL FAA ADDTL REFERENCE Flo.: **G-1 5744 SUBAC Tr Approve Additional Funding in the Amount of $189,366.31 from the Federal Aviation Administration to Design and Construct Various Improvements and Purchase and Install Airfield Lighting Control and Monitoring ring System at Fort Worth Alliance Airport and Adopt Appropriation Ordinance RF,CQMMF,NDAT10N: It is recommended that the City Council authorize the City Manager to: 1. Approve addhi nal funding in the amount of$179,898.00 from the Federal Aviation Administration (FAA) to design and construct airfield pavement rehabilitation and pavement joint resealing, design airfield sign rehabilitation, design airport beacon relocation and purchase and install airfield lighting control panel at Fort Worth Alliance Airport} 2. Authorize the use of laird credits in the amount of $9,468.31 for the City's in-kind local swatch of percent of the project cost; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations to the Grants fund by $189,366.31, subject to receipt of the reprised grant. DISCLM"IN: On April 17, 2007, M G-15684) City Council approved the City Manages' to accept, if awarded, a grant from the FAA for various improvements at Alliance Airport in the amount of $752,860,00 and the City's percent ire-kind local match of $39,624.21, making the total grant $792,484.21. Each year Fort Worth Alliance Airport is eligible to receive Airport Cargo Entitlement and Nora-Prinnary Airport money from the FAA based on a combination of the previous calendar year cargo activity and discretionary dollars available in the airport improvement program. This money is available through grants to fund airfield improvements. The amount of entitlement and non-primary airport money available to Alliance Airport was increased from $756,860.00 to .00 shortly after the approval of M&C G-15684, thereby creating the need to increase the authorized funding. The City's 5 percent in-lend local match was increased from $39,624.21 to $49,092.52 making the total grant$981,850.52. This M&C will authorize the additional funding which will be used to complete the projects listed below. Construct pavement rehabilitation (taxiway smoulders on taxiway"A" and tai ary"H" t Design additional pavement rehabilitation and joint seal runway 16L-34R) Design, purchase and instal( airport lighting panel; • Design airfield sign rehabilit ation. Fort Forth Alliance Airport is located in COUNCIL DISTRICT 2. Lo name: 55ALL FAA A DTL Page 1 '2 FISCAL I R TI ICERTlFIC 4�TI f The Finance Director certifies that upon approval of the above recommendations, receipt of the revised Grant Award, and adoption f the attached appropriation ordinance, funds will be available in the urrent capital budget, as appropriated, of the Airport Grants Fund, TO FundAc ount entem FROM Fun lA eo nt Centers GB14 451856 05521818500 17 ,8 . R'I 4 488159 055,218186000 R14Y 6A )_0552181860 179.896_00 R14 541110 055215186020 $9,468.31 Su mated f r�t�r ill na " ice by Marc Ott(8476) rl In tiro n Head: Angie Highland (Acting) (5402) Additional Inform-atIgn Contact. Angie Highland (5402) Logna : 55ALL FAA ADDTL Page