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HomeMy WebLinkAboutContract 28001ll�! ! ' - � � i.i � f I 1 I" , . iil � � � 11.5, Department of Transpartation ���� ������� ,, FOR DEVELOPNIEI�TT PR�JECT Federal Ar�iation Administration Date of Offer: September 19, 2002 Airport: F'ort Worth Alliance TO: City af Fort Worth 1000 Throckmoxton 8treet Fort Warth, TX �6102 {hereip referred to as the "Sponsor") i f-}j �{jJ � � 1��h4;��-[��i Fl � �_��- i r coN �Ac� ���� o(�� � PART I-OFFER - Project No. 3-98-0296-1902 FROM: The United 5tates of America (acting through the Fedaral Aviatinn Administration, herein referred to as the "FAA"} WHEREAS, the Sponsor has submitted to the FAA a Project Applicatian (also called an Application for Federal Assistance) dated Septernber 18, 2002 for a grant of Fecleral funds for a project for development of the Fort Worth Alliance Airport (herein called the "Airport"), together with plans and specifications for sunh project, which Application for Federal Assistance, as appro�ed by the FAA is hereby incorparated herein and made a part heraof; and WHEREA5, the FAA has approved a project For de�elopment of the Airport (hsrein called the "Project") consisting of the follawing-described airport development: REHABTLITATE TAXTWAY H, �'ULLIPARTCAL DEPTH REPAIRS, Phases 1& 2, (INCLUDES LAND CREDIT AS COMPT��TE LOCAL SHARE, PARCEL H-9) all as more partieularly described in the property ma� and plans and specifications incorporated in the said Application far Federal Assistance. FAA Form 51�0-37 (10-89) Deveiopmenl or Noise Program ASW Form 5100-37 (7/1U) �-r- i = ' -- --_-�. � ���w� ���� � � ���� �;, �, - '.'j .' 4 �' J�, 'I +o Y +� „ i . Page I oi 5 Pages NOW TH�REFOR�, pursuant ta and for the purpase of carrying out the pro�isions af Title 49, United 5tates Code, herein called "Title 49 U.S.C.," and in consideration of (a} the Sponsor's adoption and ratification of the representations and assurances conkained in said Project Application and its acceptance of this Offer as hereinafter provided, and (6} the benefits to acerue to the United States and the public frorn the accomplishrnent of the Pro�ect and compliance with the assurances and conditions as herein provided, THE �'EDERAL AVIATION ADNIINISTRATION, FOR AND ON BEHALF OF THE iJNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United 5tates share of the allowable casts incurred in accompIishing the Praject, ninety percentum of aIl allowable project cnsts. 'ihis Offer is made on and subject ta tk�e following terms and conditions: Conditions 1. The ma�cimum obligatian of the United States payable under this offer shaIl be $141,69'�.DO. 2. Th� allowable costs of the project shaII not include any costs determined by the �AA to he ineligible for consideration as to allnwahility under Title 44 U.S.C. 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 Seeretary shall prescribe. Final determination aft the United 5tates share will be based upon the finai audit of the total amaunt of allovwable project costs and settlement wi1I be inade for any upward ar downward adjustments to tile Federal share of costs. 4. The sponsor shalI carry out and complete the Project without undue delays and in accardance with the terms he�reof, and such regulatio�s and procedures as the Secretary shaIl prescribe, and agrees to comply with the assurances which 4uere znade part of the project application. 5. Th�e FAA reserves tk�e right to amend or withdravw this offer at any time prior to its acceptance by the sponsar. 6. This offer shall expire and tha United States shall not be obligated to pay any part of t�e cosYs of the project unless this offer has been accepted by ihe sponsor on or before Sepfeanber 3Q, 20U2 or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsar shall take a!l steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violatinn nf Federal antitrust statutes, or misused in arzy ather manner in any project upon which �'ederal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds, however, use� ar disbursed by the sponsor that were originally paid pursuant ta this or any other Federal grant agreement. It shall obtain the appro�al of the 5ecretary as ta any datermination of the anr�ount af the Federal share of sueh funds. It shall return the recovered FecEeraf share, including funds recovered by seitlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon reyuest, all doc�ments and records pertaining to the determinat�on of the amount of the Federal share ar to any settlemant, litigation, negotiation, or other efforts taken to rec�ver such funds. All settlements or other imal positions of the sponsor, in caurt or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The i7nited States shall nvt be respansible ar Iiable for damage to property or injury ta persons that znay arise from, or be incident to, compliance �r+ith this grant agreement. 9. Unless otherwise apprvved by the FAA, the spansor will not acquire or pe�it any contractor or su3�contractor to acquire any steel or manufactured products produced outside the United 5tates to he used for any project for airpart development or noise compatibiIity for which funds are pror+ided under this grant, Th� spoasor will include in every contract a provision implementing thEs sP�cial coaditian. 10. Tha property map referred to on Page 1 af this Grant Agreement is the Property Map, Exhibit "A", attached io the Application for �ederal Assistance at#ached to AIP Grant 3-48-0�96-19-4�. 11. It is mutually understood and agreed that if, during the life of the project, the FAA dete�rrz�nes that the grant ainaunt exceeds the expected needs of the sponsor by $5,OQ0 or �ive (5%) percent, whichever is greater, the grant az►�ount can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if thera is an averrun in the eligibl� ptaject costs, FAA rnay increase the graat to cover the amount of averruz� not to exceed the statutory i�ee��x�}�ercenti�i[aii�t�, �and will advise k � ' ��':i�,;� .. i ,"j ����'���)i , �`i �' ' � � • - ;; ,. -�-� ,., �:��N � FAAFarm5100-37(10-89)DevelDpmentvrNaiseProgmm '� '��'„� ..I;;�jt�� p i�a e2of5Ya es Asw�o� sioo-�� (�«o) � �j � �"', _�@e'„ , '�_ ��Ir'���; �i the sponsar by lctter af the increase. Upon issuance of either of the aforementioned letters, the maximum obligatian of the Unified 5tates is adjusted to the amaunt speci�ied. 12. Tf a letter of credit is to be used, the sponsor agz�ees to request cash drawdowns an the authorized letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as requireci. It is understaoci that failur� to adh�re to this provisian may cause the letter of credit to be revoked. 13. The 5pvnsar agrees to perform the foilowing, if this project contains more than $250,000 of paWing: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to 6e used to comply with the quality contro] provisions of the construction contract, including, hut not limited to, ali quality control provisions and tests required by the Federal specifications. Tka prvgram shall include as a minimum: 1. The name of the person representing tha sponsor who �as overall resppnsibiiity fox contract administration for the project and the authority to tal�e necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quaLity cootral responsibilities on the project, tQgether with a description of tbe services to be provided. 3. Procednres for determining that kesting laboratories meet the requirements of the American Society af Testing and Materials standards on lahpratory evaluation referenced in the contract speciiications (D 3666, C l 077). �}. QuaIifications oi engineering s�pervision and construction inspection personnel. 5. A listing of all tests required by the contract speciiications, including the type and freyaeacy of iests to be taken, the method of sampling, the applicabla test standard, and the acceptance eriteria of tolerancas p�rmitted for each type of iest. 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are dacumented daily, and that the proper corrective acfions, where necessary, are ur�dertaken. b. Submit at completion of the project, a final test and quality control report documenting the rasults of all tests performed, hi�hlighting thvse tests that failed or did not meet the applicable test standard. The report shal] inciude khe pay reductions applied and reasons far accepting any out-of-tolerance materiai. An interim test and quality control raport shall be submitted, if requested by the �'AA. c. Failure to provide a complete report as described in paragraph b, or iailnre tn perform such tests, shali, absent any compeIliug justification, result in a reduction in Federal participation for costs inenrred in connection with construction of the applicable pavement. Such reciuction shall be at the discretion of the FAE4 wd will be based on the type or types of required tests not perfarmed or not documented and will be commensurata with the proportion of appIicable pa�ement with respect to the total pavement constructed under Y.he grant agreement. d. The FAA, at its discretion, reser�es the right to canduct independent tests and to reduce grant payments accordingly if such independent tasts determ�in.e that sponsor test results ar� inaccutate. 14. The plans and specifications referred to on Fage l of this Grant Agreement are the plans and speciiications idantiiied as Sponsar contracts — Taxiway H Rehabilitation , Land Credit as Camplete Local Share (1'arcel H-9). The Sponsor's acceptance of this Offer and ratification and adoptio�a of the Project Application incorporated herein shall be e'videnced by execution of this instiument by the Sponsor, as i�ereinafter provided, and this Offer and Acceptance shall comgrise a Grant Agreement, as pravided by Title �F9 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor with respect to ihe accamplishment of the Project and compliance with ihe assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the 3ponsor's acceptance of this Offer. PAA Fonn 5100-37 (10-89)17evelapment or Noise Program . ASW Form 5100-37 (7110) �. , . _..... _ ' _�'ll'!�•��".:��; l�1F��� ' ��I�� . � ;�..i,���'� �t�:.:�.� ����"�- il L''Sy. � �. ;_ ._ -r'"__... �age 3 of 5 Fages UNITED STATES OF AMERICA F�DERAL AVIATION ADM�NIS'�TION /����� � __ _ . .;� J. iViichael Nicely, Manager . ' Texas Airporfs De�elogment Office r — ��'� , . �, ��i� r' II '�.. E— ...'_ . , �.. �'�.��'�n�!�� , .��j �f 'I�� ;� �? .�v.. FAA Fonn 5100-37 (10-89) Development or Noise Pra�ram . pg�@ 4 af 5 PggEg ASW Form 5100-37 (711�j PART II � ACCEPTAI�CE The Sponsor does hereby ratify and adapt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and i�corporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. E7cecuted this ,��%T� (SEAL) City of Fort Worth �U40 Throckmorton Street �ort Worth, TX '�6102 f Sponsor) By: .f � � : (Sg�onsor's I] ' Q ia l2epresentative) l. Title: /�'�s:s1-�n'� eitlil��'�i T1tle; CERTIFICATE OF SPONS012'S ATTORNEY I� ���e� ���.y � �J .�.�� � �� � , acting as Attorney For the �ponsor do hereby certify: That in my opinion the Sponsor is empawered to enter into the faregoing Grant Agreement under the laws oithe State of . Further, I ha�e examzned the foregoing Grant Agreement and the actions taken by said Spansor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's afficial 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 Stafe and Title 49 U.S.C. In additian, for grants invoi�ing projects to be carried out on property not owned by the Sponsar, t�ere are no legal impediments that will prevent full perfarnn.ance by t7�e Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and 6inding obIigation of the Sponsor in accordance with the terms thereof. Dated at �'� ✓T� VV U��� X A.� ���s � day of - , 2Q �'l�, . /.- � �° 13 6 �" �r- � (Signature nso 's Attorney) �, �/� �U� FAA �orm 5100-37 (10-89) Uevelnpment or Noise Prograin ASW Form SIQif-37 (711D) day of S� � r , 20 � i� . 'i '�+€����v"Rb'�t� Yi��L���'7� � '� ���� ' � ��!�'' 'r'�,,� - F__ u� `."'�} `.*`'r �.'-"' S of5 Pages �P�LICA�It�iV FO� �����oL �4S�1S��►[�lC� � r�.r;� {,; . ' �tilBx.+rl`,$IGF:. . n�,F;;�{:,}!��x,� � Preapplfcation [,� '�c'r�lr�i��lr:i _ ' ❑ Construction ❑ Non-Construction ❑ Non-Canstrucflan � 5. APPLIl;�1N { INhUIiMA I IUN Legal Name: CITY OF FORT WORTH Address (grve crty, courrty, state, and zip cvde} I04D THROCKMOR'�ON STREET FORT WORTH, TEXA.S 7�102 I 2. UAIk�UkiMli'T'ED 3. �ATE RECEIVEp 8Y S'fATE 4. DA'T'� RECENEq 8Y FEDER.4L AGEMCY EMPLOYER IDENTIFICATfON NUNiB�Fi {EIIV): � � � � � � � � � � ; 8. 7YPE OF APPLICATIdN: � New ❑ Canfinuation ❑ Revlsian If Revisian, enterappropriate leitar(sj in box(es): � � A Inarease Award B Decrease Award C Increase bureflon D Decrease �urati�in Qiher {speclfy) OMB Approval l�o. 0348-0443 AppElpnt Identlfler 5tate Appkicattort Idenlifiar Federal Idenliier Organlzatlonal Unit: AVIA��N DEPARTMENT Name aqd telephone number af the person to be contra�ted on matters involving this appllcation {give area code) BRIDGET GARRETT ACTING DIItECTUR OT AIRPORT SYSTEMS (S!7) 871-5403 7. TYAE DF APPLICANT: (enter appraprlate letter in boxJ � A. State H. Interdependent 5chool Dlstrict B. Couniy 1. State Controlled fnsEiiutlon of Higher Learning C. Munlolpal J. Private University D. Township K. Indian Trihe E. Intsrstate L, IndEv[dual F. Intermunicipal M. Pro84 Organlzatlon G. 5pecial Distriet N. Other {Specify} B. 1VAME OF FEDEFLAL AGENCY k'EDERAL AV.IATIUN ADMINISTR.ATION, SW REG�ON FORT WORTIi, TEXAS �6193-0650 10. CATAL4G DF FE�ERAL 60MESTEC 11. ❑ESCRkPTIVE TITLE OF APPLICAN7'S PROJECT: ASSIS7A]JCE NUhhBER � �.� � � gEpAIR OF PORTION OF� TAaIIWAY H, CREDIT AS TITL�: Airpork lmprovement THE COMPi.ETE LOCAL SI3AR�+ FOR DONATION OF Propram AI� ' PARCEL H-9 12. AREAS A�� �Y b BY �RQJECT (clfies, caunlies, stafes, eta.J: CITY OF FORT WORTH/NORTH TARRANT COUNTY { 13. SPI�0�0 ,S�D ROJ� d ng na#e a4 Applican�t �SSIONAL bIS7RICT8 OF �, project I �ai� f 8101/02 1-01-03 TEXAS 6,1� TEXAS 1� I'1b. ESTI�/iATED F N�ING I i$, 15 APPLICA710N 5l1BJECT TO REV EW BY STATE EXECUTIVE ORQER i2872 PROCE55 I a. Federal $ 24����2 .0a � a. YES, THIS PREAPPLICATIOIVIAPPLIGATION WAS MADE AVAILABL�707HE STATE �XECUTNE ORQER '! 2372 PROCESS FQR R�VI�W ON b, Appiicant $ c. Siaie $ d. Local $ e. Other - - -- - $ f. Program iocome $ ti'�,236 .ao .00 bATE: .00 j b. ND � p�OGRAM IS NOT COVEFtED BY E. O. 12372 f .00 � p� PROGRAM HAS NOi" BEEN SELECTED BY STAT� FdR REVIEW .00 , I 17, i5 THE Af'flLICANT �ELII�QUENT ON ANY FEDERAL 6E8T7 Ig' ��T'� $ �72,358 •�� ❑ Yes If yes, attach an sxplanation ❑ No I18. TO THE 8E5T dF M�' KMOW LEDGE ANa B�l�I�F, ALL D�7A IiV THIS ARPLICRTfON ARE i'RUE AND CORREC7, 7HE nOCUMENT HAS BEEN pUl.Y AUTFiORiZED 6Y TH� GOV�RNING 80DY OF THE APPLIGANT AND THE APPLICAh1T WfLL COMPLY WITH 7HE ATTACHEa ASSURANCES iF THE ASSISTANC� IS AWAR�Ep �e. Typed Name of Autharized resentative b. Title c, Telephona number GARY JACK50N �� � CiTY AGE 7 � (Sl 7} 871�6191 I d. Signalure of Authorizec�epr�'senia�i � �� �,,' �1 e. Daie Signed Previous EdlGans Not �--� _ -- � �' r-a � �^ '� ��' � � �� ��-����T � t�ndard Form 424 (REV 4-65) ,, '. ' ' '.' I: _- I� .,I' ;� � are:�ribed by OMS Circular A-1U2 Lacal R�producEion � �. � a �v�flM IL`���a�v���.��r+4tib,: 4 I �a ������� U,S. �EPARTMFJVT OF TRANSPORTATION FEDERAL AVIAT[ON AOMINISTRATION OMB NO. BO-RQ184 p,4RT II �ROJ�CT APP�OVA� IN�ORMA�iON SEC710N A Item 1 Does this assistance request require State, local, Name of Governing Body regianal, or other prioriiy rating? Priorify ❑Yes �No ltefn 2. Does this assistance request require Staie, loeal �fame of Agency or Bpard advisory, educational or health c[earances? (Attach nocumentation) ❑Yes �Na Itam 3 �oes this assistance request requEre cEearinghouse re�iew (Attach Camments) in accordar�ce with OMS Circular A-957 . �Yes ❑I�o Item 4 Daes this assisfance requesf requira Stata, local, Name of ApprovRng Agency NCTCOG regiona! or ather planning approval? p�{� �Yes []Na . . • Check One: State � ❑ � Item 5. Local ❑ Is the proposed project co�ered by an approved R�gio�al ❑ cpmprehensive plan7 �Yes ❑No Location of plan C[iY OF FORT WORTH Item 6. Will the assistance requested serve a Federal Name of Federai Installation instaliakion? Federal Population benefiting fram Project ❑Yes ��lo Ifem 7 Will the assistance requested be on �ederal land Name of Federal Installa#ion or installation? Location of Federal Land ❑Yes �No percent af Project Item $ Will ihe assistance requested [�ave an im�act ar effect on the envlronm��t? ❑Yes �Na Numberaf: ��� � ltem 9. [ndividuals Wi[I tF�e assfstance requested cause the displac�:ment of Families individuals, famflies, businesses, orfarms? Businesses ❑Yes �No �arms Item '[0. Is there otf�er related �ederal assistance on this , project previous, pending, ar a�ticipat�d7 �• ,I� �� � � ❑1�85 �NO � '� �V��� �:L� � �a ; -.x.., f' . ']:�S��p�" FAA �orm 5100-100 (6-73) SUPERSE�ES FAA FqRM 5100-i0 PAGES 1 THRG 7 —` "T � ' •+��� �"—�� Pa e 2 9 . � U.S. dEPARTMEiVT OF TRANSPORTATION PEDERAL AVIATION A�MINlSTR.4TION OM8 IVO, 80-R0184 PART II — SECTI�N C T1ke �ponsor hereby represents and certiizes as follaws: 1. Compatible Land Use. — 7he Sponsor has taken the following actions to assure compatible usage of �ar�d adjace�t to or in #he ►ricinity of the airporf: THE CiTY O� �'O1tT WORT�i HAS ADOPTED ORDINANCE N[?. ? D12l, DATED JUNE �,1988, ENTI7CI,E�? �'O�.Z'� WORTH ALLI,ANCE AIRPORT Z�IVING OVEY2LAY DTSTRiCT, RELATED TO HEIGHT AND LAND U5E ZONING. 2. Defaults. — The Sponsor is not in default on any obiigation to the llnited States or any agency of the �Jnited 5tates Government relative to fhe de�elopment, operation, ar maintenance of any airport, excep# as stated herewith: NOl'�E 3. Possible Disabilities. — There are no facts or circumstances (inc[uding the existe�ce of effecti�e or proposed Ieases, use agreements or other legal inst�uments affecting use of the Airpart or the existence of pending �itfgation ar ather legal proceedings} which in �easvnable probability might make it impossible far the Sponsor ta carry out and complete the Project ar carry out the provisions�of �art V of this Appficatio�, either by limifing its lega! or financial ability or oth�rwise, except as fo!lows: NONE A�. Land. —(a) T�e sponsor holds the following prop�rty interest in the following areas of land* which are to be deve[oped or used as part of ar in cQnnectioro witih the Airport subjec# fo khe following exceptions, encumbrances, and adverse interests, alI of which areas sre identified on tY�e aforementioned property rnap designa#ed as �xhibit "A": FEE SIMPLE TITLE TO PARCELS A-1 THAU A-9, 3�HRU 7, 9,10, 11A, I1-(1}, I�,12B,13,14H,14(I),16,18, 27, 28, H, AND H-1 THRU H-10, AND EASEMENTS, CLEARANCE LICENSE, OR OTHEI2 iISE RESTRICTIONS TO PARCELS SA, SB,11,11C,1ZA,14A,14C,14C-I,14D,14F, I4L,14M,140,14R,15, H-1A, H-1 B, H-1 C, H-2A, H-2B, AND I3-3A. *State character of praperfy interesf in each area and lisf and idenfify for each aIl exce�pt��r�; ��;r�',�r��� ���� � and adverse inferests of every kind and nafure, including liens, �asemenfs, leases, etw, ���.������r�aX� �ar� ofland need only he idenfifred here 6y fhe area rrumbers shown ora the property map. '' .- �� ,;: FAA Form 51d0-400 �a-�s; � n�? ��i ��Y3� es FAA igc, oi�- U.S. d�PARTMENT QF'{�F2ANSPORTATION F�DERAL AVIATIDN AD1uFiNISTRATION OMB N0. 90-R0184 PART II — S�C�ION C (Continued) 'The Sponsor furtb.ez ceztifies that the above is based on a title exanunation by a qualified attoaney or titla campany and that such attorney or title carr�pany �as deterniined that the Spansor holds the above property iuterests. (a)7he Sponsar wi11 acquire within a reasonable time, but in any evant prior to the start of any canstruction work uncter the Project, the fallowing properfy interest in the following areas af land* on w�ich such construction work is fa be perFormed, all af which areas are identified on the aforementioned praperty map designated as �xhibit "A": NONE (c)ihe Sponsor will acquire within a reasonable t9me, and if feasible Arivr to the compEetion of all constructian work under the Project, the following praperfy interest in the fo[Eawing areas of land* which are to, be developed or use� as part of or in cannection with the Airpart as it wilf be upon campletion of the Project, all of which ar�as are identifiied on the aforementioned property map designafed as �xhibi# "A": FEE SIlVJ[PLE TITLE TO PARCEL 30 5. �xclusi�e Rights. — There i� no grant of an exclusive right for the conduct af any aeronau#ical activity at any airport owned or con#rolled by the Sponsor except as �ollows: IYONE *Sfate cf�arac#er of properiy inferesf in each area and lisf and relentify far each all exceptions. errcumbr�acp and adverse inferests of every kind and nature, including liens, easements, leases, � et�; �'�e se�,��� ��;�a� of land need only be identified here by ihe area r�umbers shown on the property map. '�� � �� �� �!� �' . . �'� , FAA Form 5100-100 �a-7s� . ���' :� Pa�'sn . F+�W}�81��13 ., i. U.S. �HAAR7MENT OF TRANSPORTATION FE��RAL qV4A710N A�iYEINI5TRATl�N RART ill— BUDGET INFORMATIQN � CONSTRl1CTION __ S�CTION A - GEN�RAL 1. Federal Domestic Assistanc� Catalog No• . . . . . . . . . . . . . . .. . . 2. Functional or Other Breakout .. . . . . . . . . . . . . . . . . . . . . . . . .. . . 'aECTION B - �A►LCULf►TIC]N �7� }���E�AL GRAN7 Use only for revisians CostClassfflcation LatestAp�r.oved Adjustment Amounf + or (-} 1. Administration �xpense $ 2. Preliminary Expense 3. Land, structures, right-of way 4. Architect�ral engineering basic fees I 5, Other architectural engineering fees 6, Praject inspectio� fees 7. l.and development 8. Reloca6on �xpenses 9. Relocatian paymer�ts fo individuals and b�sinesses 90. Demolii9on and removal 1 T. Constructian and project im�ravement 12. Equipmenf 13, Miscellaneaus 14. Fotal {Llnes 1 ihrough �3j 15. �stimated Income (if a�plica�le) 16. Net Protect Amount (L�ne 14 minus 15j �7. Less; Ineligible �xclusions � 18. Add: Contingenc9es 19. Total Pro}act Arnt, (Excluding Rehabilitation Grants) 20. Federal 5hare requested of Line 99 21, Add Rehabilitation Grants Requested (100 percent) I 22. Total Fetleral granf requesked (Lines 2a & 21) I 23, �rantee share 24. Other shares 25. Tofaf project �Lines 22, 23, & 24} FAA Form 51DO-100 (6-73) SUPERSEaES FAA FOl2M 510U-10 PAGES 7 THRU 7 � ;: .�_ _ — _ . - - r� ��,�� 8 'I��;1,.'';,I�7� s �� I ���� � I �I y �1.�������':� �e��!i, ' � � u, � OM6 N0.80-R0184 — { � Tofal Amounf Required $ z7,z3s I 1 �4,850 I 1 15,650 zos,szz Z72,358 272,358 272,358 I 245,122 I Z45,122 27,23G I 272,358 Page 4 11.5, �EPARTMEN7 OF TRANSPORTqTION FEdERAt AVIATION ADMIN�STRATiON OMB NO, 80-R0184 SECTiON C - EXC�USfONS �xcluded fi-om Can#ingency Pro�ision zs _ c2) a. $ � b.. I C. I d. I e. f. � 9• Tptals I S�CTION D� PROPOS�D MEiH00 OF �IN,4NCING NOE�-F�DERAL SHAR� I27. Grantee Share g Ia.5ecurities b. Mortgages c. Appropriafions (By Appiicant) cf. Bonds e. Tax Le�ies j f. Non Cash � Ig AEE�ar (Expfain) . Ih .TOTAL — Grantee share 28. Oth�r Shares a. 5tate b. Other Ic. To#al Other Shares I29. TOTAL � CEassification lneligible for Particlpation ��} S�C�iON E - R�MARI45 GR�NT�E SHAR� IS PROVI�ED THROUGH VA�UE OF DONATEp i�AND � PART IV PROGRAM NARRATIV� (Attach - See InsfrucEions) FAA Fom15100-iQ0 (8-73} SLJPERSEDES FAA FORM 51�0-1a PRGES ! THRU 7 _ F��� �n?z .:+.�y'��I�1YVSkIS � r��'� ��ll,� L � 7 ��'li1�i �� �I�� Y '��� a � � �. , :�N �s �7,236 �7,Z�s 27,�36 27,236 PAGE 5 ��`� �'� ������� i���1��'z�� The purpas� o�th.is project is ta perfo� em�rgency repair to a portion af the access ta�.way serving the NE developz�en# area of the airport. Zt appe�s that settling has damaged the pavement and targe aircraft using this taxiway requize resta�ation af the cc�nsistent grade to allow safe operations. The local sh�r� of funding wi1l come froin the �alue o� land donated for the airport. The value of the lanc� designated has �een appzovsd by �he FAA. . � .�ti ��� �� �'d4]� �`�'�, �:I�.il ^, � �'. .������ � ,,,, �� � � ��! ir"f��, `r SP�NSOR C�Rx'II+XCA7'ION FOR SEI.EC'['IOl�i OF CON5ULTA1VT3 CI'TY O�' �'ORT WORTH Sponsar's Name REPAIR O�' PORTIOI�f OR 'i'AXIWAY H Prn� eti Description FORT WQRTH ALLTANCE Airpart Attachment I Praject l�fvmher 5ectian 47lQS [d) af Title 49, U.S.C, Svbtitle VII, Part B(P.I..1D3-272, a� ame�ded), authorizes the �ecreiary to require certificaYian from spousors that they will compIy with statutory and administrative requireraents. Ths follnwing list of eeriif ed items includes major requiremeuts for thfs aspect of project impletne�ttation. However, the list is not comprehensive, nor does it relieve sponsors form fully eomglying witlt ail applicahle statutory and arlministrative standards. Every certifxed iiem mu�st be marked. Each certified item with a "no" response must be fully explained in an attachrnent to this certification. If the item is nat aPplacable io this project, mark the item "KIA". General procurement standards for consuItant services within �'ederal grant pragrams are described in 49 CFR �&.36. Sponsars may nse nther qualifications-based procedures provided t�tey are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/510D-1a. 1. Advertasements were placed tu ensnre fair and open competition from a wicie area of interesf. 2. F'or contracts over �25,004, consuItants were selec#ed �sing competii�ve procedures based an quaIfficatfons, experience, and disadvantaged business enterprise requiretz�ents with the fee determined thru�gh negotiation. 3. An independeut cost analysis was perfarmed, and u record of negotiations has been prepared retlecting tT�e coasiderations involved in the establishment o3'fees. 4. If engineering or other services are to be perfarmed by sponsnr farce acconnt personnel, prior approvat was o6tained from FAA. 5. The consultant services caniracts clearly establisl� the scape afwork anci deIineate the divisian of responsihilities �etweeu all parties engaged in carrying out eIements of the project. 6. Costs associated with work ineligible for AIP funding are clearly identif3ed and separated from eligible items. 7. All mandatory coutract pro�isio�s for grant-ass�sted contracts have 6een included in all cons�ltant services contracts. 8. If fhe contract is awarded witbout eompetition, pr�award review and approval was obtained from �AA. 9. Cost-pIus-percentag�of-cvst methods of contracting pr�rlvbited uz►der Federal standards were not used. Yes� No❑ N/A� Yes� No❑ 1�ilA❑ Yes� No❑ N/A❑ Yes❑ No❑ NIA� Yes� No❑ NIA❑ Yes� No❑ N1A0 Yes� Na❑ N/A❑ Yes❑ No❑ NIA� Yes� Nn0 NIAD 10. Tf the services beiug procured co�ver mure than the single grant project referencad in tttis cet�ti�icatinn, the Yes❑ No� NIA� scope nf wark was specifically descrihed in the ad�ertisement, aud future wark wiII not be inii'iated beyond three years. I certify that, far th� pr ' ct identified herein, the responses #o t orgoing itams are carrect as marked, anr3 that the attachments, if any, are correct and c Iete. 5fgned: �� ., , Aated: � Sponaor' orized Rep entati e GARY JACT�SOIY, CTTY MANAGER Typed lYame and Tiile of Spnnsor`s Itepreseutative �,- . . _ __ . _ _.. il � '�� [r- l .,r���ii�u�! , w�, ir�i��:: ���� � I ��.. -r'� i , 1 rr r` � ' �M • . �; „ _,���� ,.ta�a�� w: �, . �j . . , �;, SPONSOR CERTIFICATION FOR �ROdTCT PLANS ANll SPECIFICATIOI�S CITY OF I'ORT WORTH Sponsor's Nama FORT WORTH ALLIANCE Airpart R�PAIR OF PORTIONS O� �'AXIWAY `H' Proj ect Descri�tion Project Number Attachment 2 Section 47145 (d) af T'ttle 49, U.S.C, Subtitie VII, Paa-t S(P.I..103-272, as amended), authorizes the 5ecretary to require cerfification from sponsors that fhey wilI comply with statutory and adrninistrati�e reqnirements. The following list of certiiied items includes �najor requirem,ents for this aspecf of project implemeutatiou. However, the list is not comprehensive, nor does it reiie�e sponsors furm futly complying with all applicable statutory and adtninistratire standards. ��ery certified item must be marked. �Each certified item with a"na" response m�st be f�lly expiained in an attachuteut to thls c�rtif cation. Tf tlze item is nat applicable to this grojeet, mark the item "N/A". General A8 standards are desct-ibed in Advisory Circular 15015104-6, i501510Q-1S, and 150/5100-i6. A list of current advisory circular r�+it� specific standards far design or construcf�on of afrports and proctiremeni or installation of airport equipment and facilities 'rs referenced in Grant Assurance 34. 1. The plans and specft'rcations were develaped 'zn accordance wifh all applicable Federal standards and requirements, and ao deviatio� from or modif�catian ta standards set fnrth in the advisary circular (was) (will be) uecessary other than those previously approved by FAA. �. 5peciticafions for the procurement of equipment are z�ot proprietary or written so as ta restrict competiEian. At least two maQufacturers can meet the specifli catian. , 3. The deveIapiment included in the plans is depicted on an airport [ayout plan approved by FAA. 4. Develupment which is ineligible for AIP fund'utg has been omitted fram tl�e plans and speci�cations, or included on a separate bad schedaie. 5. Process control and acceptance #ests required for t�e project bq stxndards contained fn Advisory CircuIar 1.50153`IO-10 are included in the project specifications. 6. If a value engineering cla�se is incorporated into #he contracf, concurrence was obtained from FAA. 7. The plans and specificatinns incarporate applicable requirements and recommendations set forth in FederaIly- approvaci en�ironmental findin�. Yes�j No❑ 1�IA❑ Yes� No❑ N/A❑ Yes� No❑ NIA❑ Yes� No❑ iv1A�] Yes� No❑ NIA❑ Yes❑ l�a❑ 1�ilA� Yes� No❑ NIA❑ 8. For construci�oa act'tvities wiihdn or near aircraft operational are�s, the req�irement#s contained fu Advisory Yes� No❑ NIA❑ Circular 15�1�370-2 have been discussed wyth FAA and incarParatsd into the specifications. A sa�'etylphasing plan has been prepared, #be FAA concurrance (has been) (will be) obtained, if required. 9. The project will be physicaIIy campleted without Federal participaiion in costs Bue to errors ar amissions in the Yes� No❑ N/A❑ plans and specifications w�ich were fareseea6le at t1�e time of project design. I certify that, for the project identiiied herein, the responses to the orgoing items are correct as marked, and that the attachments, if any, are correct and complete. � � � 5ign: GAR'Y JA,CKSON, CITI' MANAGER Typed A'ame and Tit[e of Sponsor's Representative I}ate: ������ _� ii'?��i? a r LL.��� � , I . '�, �1. 6/99 SPON50R CERTIFICATIOIV RpR AEAL PROPERTY ACQiTISI'['ION CITY OF FORT WORTH Sponsor's Name �ORT WORTH A.�,LIANCE Airpnrt C,'REDTT FOR LArID DONA'FION AND REPAIIt OF TAXIWAY H Projact Descriptia�t Attachment 4 Proj act Number Section 47105 {cn of TitEe 49, XI.S.C, Subtifle VII, P�ri S(P.L.1 D3-272, as amended), author➢zes the Secretary to require certificafion from sponsors thai they wfFl comply with statutory and administrative requirements. The t'oliowing lis# of certified items incI�des major req¢iremenfs 1'or this aspect af project i�nplementution. Hawever, the list is not camprehens9ve, nor does it relleve sponsors form tully camplying wifih all applicable staiuiory and administrative staodards. Every certffed item must be marked. Each certified itetn with a"no" response musC be faliy explained in an attachment to this certificatian. Ef the item is not appiicable ta this project, mark the item "N/A". General requirements on real property acyuisit�nn and reIocation assistance are in 49 CFIt 24. The project Grani Agreement cantains speci�c requerements anci assurances an fhe Unifornn liclocafion Assistance and Real Progeriy Acquisifinn PoIicfes Aet of ]970, as amended (ilnifarm Act). I. Goo�i and sut�cient title is held on property in the pra,�ect The sponsnrTs attarney or other nfficial has prepared and has an Yes� NU�] NIAQ file title evidence on the progerfy. 2. IF defects aud/or encutu6ranCes eacist in the fitle which adversely irnpact the sponsor's intended use of property in fhe project, Yes� No❑ N/A❑ they have been e�etinguished, modi£ed, or �ubordinated. 3. i#' groperty for airport develapment is leased, the term is %r 20 years or the useful life of the project. The lessor is a gnblic yes❑ No❑ NIA� agency and the Iease containa no pravisians which prevent f�ll camplianre wltl� the grant agreement. A. Properky in the project is in canfnrmance with the current Exhibit A(praperky wap). The praperty map is based on deeds, title o�inions, IanB surveys, the approved airport lsyout plan, and projeet documentation. S. For any acqoisition nf property interest in noise sensitive approach mnes and reiated are�s, properiy interest was obtained to ensure iand is ased for purpased campatibie w[tit noise leveis associated with operation of the airport. Yes� No❑ NIA❑ Yes� No❑ NIA❑ G. Fer any acquisition af pmperty interest an runway protection zanes and areas related to FAR Part 77 surtaCes, properky yeg� No❑ NIA❑ interest was obtained for the right of tlight and right of ingress and egress to remove ohstructions. Inierest was abtained for the right to restrici the establislhment ai future ohstructtons. 3. Appraisa2s Inclnde valaaiioo data to estimate t�e current m�rket vaTue for the property interest acquired an eack parcel and Yes� No❑ NIA❑ were prepared by quali�ied real estafe appraisers I�ired by the spansor. r#n opgortunity was provided thc properEy owner or representative io accompany appraisers d�tring inspections. 8. Each appraisal has beeu revicwed by a qualiTied review appreiser to recommend an amnunt for the offer of just compensatfan. The written appraisals and review appraisal are a�ailable to FAA for reviaw. 9. A written of£er to acquire each parcei was presenYed to the property owner far not less ihan the appro�ed amonat of jnst cnmpensation. . 10. Effart wes made to acquire each property through negotiation with no coercive aetion to induce agreement. IF negatiation was successful, project fles conFain supporting decuments for settlements. Yes� Nu❑ N/A❑ Yes� No❑ N/A❑ Ycs� No❑ NIA❑ 11. Tf a negotfated settlement fs not reached, eondemnatian v�as iniflated and a court deposit not less than Yhe jusY compensatlon y�� j�jo❑ j�'IA❑ was made priar to possession of the property. Project files eontain supporting dacuments for awards. 12. If displacement of persons, �usinevses, farm operations, or nonprofit organizations is involved, a relocation assistance program was established. Displaced persons recel'ved general information an the relecation program in writing, notice of relocafinn eligihility, and a 90-day notice to vacatc. 13. Refaeation assistance services, tomparahle replacem�ent honsfng, and payment of neeessary reiocafion expenses vvere provided witiuin a reasonabie fi�e gerfod for each displaced occupant in accordance with the Uniform Act. I certify that, far the comple#e. Signed: GARY JACIfSQN, CI'Y`Y MAP[AC�R Typed 3�'ame and Title of Sponsor's Representafive SE�4 ADO-For�n C7l'rtge 2X Yes� No❑ N/A�] Yes� No❑ N/A❑ •rect as marked, and tEsaf the attacl�ments, if a�y, are cnrrect and Dated: _rra�3r..� a , t-,n,n,.,.. L ,{ ���:?�fr��, ��'���lfi�'+1 t � �������� � �� � �: j � �+�t � �� 11 .. � _ . C . � - ._ � STANDARD DOT TITLE VI ASSiIRANCES THE CITY OF FORT WORTH, TEXAS(hereinafter re�erred ta as the Spc�nsor) hereby agrees fhat as a condition to recaiving Federal financial assistance from the Department of Transportation (DOT), it will compiy with Title VI of the Civil Rights Act of 1964 (42 U.S.C. �QOOd e_ t seq.) and all requirements impased by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs af the Departmeut of Transpartation -- EfFec�uation of Title VI of the Civil Rights Act oi 1964 (hereinafter referred to as the '"Regulations"') to the end that no person in the �C.Tnited States sha�ll, on the ground of race, calor, or nataonal orYgin, be excluded frQm partieipation in, b� d�nied the benefits af, or ine otherwis� subjected to discrim�i�aation under any program or acti�xty for which the applicant receives Federal �inancial assistance aud will imxnecliately take any measures necessar� to effecL-�ate this agree�u,ent. Withont lin�ting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each '"parogram" and "faci�iiy'" (as defined in Sec�ion �1.�3(a) and 21.23(b)) wi1l be conducted or aparated in eompliance witl� all requirements of the Regulations. 2. rt wiIl insert the clauses of Attachment 1 af this assurance in every contract subjec# to the Act and the Regulations. 3. Where Federal ftn�ancial assistance is recei�ed to canstruct a facility, or part of a facility, the assurance shall axtend to ti�e entire facilify and faciiities ogerated in eonnection there�vith. 4. W�►ere Federal, fiwaucial assistance is in the form or �or the acquisition of real property or an interest in real �roperty, the assurance shall extend tp rights to space on, over, or under such praperty. �. It will i�cI�de the appropriate clauses set fo�rth in Attachment 2 of this assuranee, as a covenant ru�ning with the Ia�d, in any future deeds, leases, permits, licenses, and similar agreements entered iuto by the Sponsor with other parhes: (aj for the subsequent transfer of real properLy acquired or improved wit� Federal financial assistance �nder this projact; and {b) for the construction or use nf or access to space on, over, or under reaI pro�erLy acquired or 'rmproved with Federal fiunancial assis�ance under this Proj ect. 6. 'I'his asswrance obi'rgates the Sponsvr %r the per�od during vvvhich Federal financial assistance is extended to the pragram, excepf where the Federal financial assistauce is ta provide, or is in the form of personal property or real property or interest therein or strnc�ures or impro�ements thereon, in which case the assuarance obligafes the Sponsor or any transferee for �he Ionger of the follov�in� peri�ds: (a} the period during whicl� tl�e praperty is used for a prtrpose for which Federal financial assista�ce is extended, or for another purpose involving the provision of similar services or bene�ts; or (hj the period during which tl�e Sponsor re�ains ownership vr possession of the property. '�, �t wi�ll provide for such methods of admiuistration for the program as aare found by ihe Secretary of transpartatiQn of the of�cial to whom he deIegates specific autharity to give reasonable guarantees t�at it, afher sponsors, subgrantees, con�-actors, subcontractors, traus�e�-ees, successors in interest, and other participants af Federal �nancial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and ihis assurance. �- � �. -�. ;����� °�� �a�1�� ,� ;����,��� i �� . �' � ;�_' �'�. � 8. It agrees �hat the United States has a right to seek judicia[ enforcement with regard to any matter arising under the Act, t�e Regulatians, and this asse�rance. THIS ASSiTRANCE is gi�+en in consideraiion af and for ihe �urpose of ob#aining Federal financial assistance for �his Project and is binding on its contractors, the Sponsor, sabcontractors, tran�sferees, successors in inferest and other partxcipan#s iu the Project. The perso� ar persons whose signatures appear below are authorii.zed to sign this assur�nce on behalf of the Sponsar. DATED C1TY OF FORT WORTH, TEXAS (Sponsor) � ,�� � �'gna#ure a uthorize�ff'tcial�— � �; �. 4������a�!,�. s�;��..��� ! a;, , . ' �'"� . �.. �- . �,:� . , ASSURANCES Airport Sponsors A. B. C General. 1. These ass�rances shall be complied with in the perFormance of grant agreements far airpori developmenf, airport planning, and noise compatibifity prograrn grants for airpnrt sponsors. 2. Thes� assurances are required ta be submitted as part of the project applicafion by sponsors requesting fiunds under the provisions of Title 49, U.S.C., subtitle VI I, as arnended. As used herein, the terrr� "public agency sponsor" means a pubfic agency with cflntrol of a public-use airport; the term "pri�ate sponsor" means a private owner of a public-use airport; and the term "spansnr" includes bath public agency sponsors and private sponsors. 3. Upan acceptance of the grant offer by the sponsor, these ass�rances are i�corporated in and became part of the gran# agreement. DuratPon and Appl�cabifity. 1. Airport development ar Alaise Gampatihility Pragram ProJects Ur�dertaken �y a Public Agency Sponsor. The t�rms, conditions and assurances of the grant agreemen� sha�l remain in full force and eff�ct throughout the useful life of the faeilifias deveioped or equiprrtent acquired for an airport development or noise compatibility program project, or throughau# the useful life of the praject items instafl�d within a facility under a noise compatibi[ity pragram project, but 9n any event not ta exceed twenfy (20) years from the date af acceptance of a grant otfer of Federal funds far the projec#. However, there shafl be no limit on the duration af the assurances regarding Exclusive Rights and Airport Revenue so (ong as the aiTport is used as an airport, There shall be no limi# an t�e duratio� of the terms, conditions, and assurances with respect fo real property acquired wifh federa� funds. �urthermore, the duration of the Civil Rights assurance shall �e specifiec! in the assurances. 2. Airport Devefopment or Noise Co;npatibifi�y Projects Underta�cen fay a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except ti�at the usefuf life of proj�ct items installed withfn a facility or the �seful life of the facili#ies develo�ed or equipment acquired under an air�ar� development ar noise compafibility program project shall be no Eess than ten (� 0) years from the date of acceptance of Fecieral aid for ihe project. 3. Air�ort Planr�ing Under�aken by a Sponsor. Unless otherwise sp�cifed in the grant agreement, only Assurances 1, 2, 3, 5, 8, 13�, �8, 30, 32, 33, and 34 in section C appf}� fti planning projec#s. The ferms, conditians, and assurances of the grant agreement shall remain in fiuii force and affeet during the iife of the project. 5ponsor Certification. The spansor hereby assures and certifies, with respect ta fhis grant #hat: 1. General Federal Requirements. It wi[I comply with all applicable Federal laws, regu�ations, �:xecu#ive orders, policies, guidelines, and requirements as they relate to the applicatian, accep#ance and �se of Federal funds for this project including but not iimited to the folfowing: �'ederal Legisfation a, b. c, Title 49, U.S,C., subtitle Vll, as amended. Davis-Bacon Act - 40 U.S.C. 27fi�a), et seq.3 �'ederal Fair Labor Standards Act - 29 U.S.C. 201, et se�c. . Airport Assurances [9199) � �c�qq�����aG-+ti6 il���;���4� �i�' r . I_ 1, . .. � i� di1��j'�� �L ',I - !r-�-_- -, :, ._-.. i.: �; . � ;� . _ _ _.. . � , �, � Appendix 1 Appendix 1 d. Hatch Act - 5 U.S.C. 1501, et_ seg,2 e. Unifarm Relocation Assis#ance and Real Property Acquisitio� Palicies Act of 1970 Title A2 U.S.C. 4601, e# seq.� � f. Nationa! Historic Pres�rvatic�n Act of 1966 - Section 906 - 16 U.S.C. 470{f}.1 g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. A�69 thro�gh 4B9c.� h. Nati�e Americans Grave Repatriation Act - 25 11.S.C. Section 3001, et sea. i. Clean Air Act, P.L. 9a-148, as amended. j. Caastal Zone Managerr�ent Act, P.L, 93-205, as amended. k. F'lood �isaster PCotection Act of 1973 - Sectiion 102{a) - 4�2 U.S.C. 40�2a. � I. Title 49 ,U,S.C., Sectlon 303, {form�r�y knawn as Section 4(f)) m. Rehabilitafion Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act af 1964 - Title VI - 42 IJ.S.C. 2000d througn d-�. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et SeQ. p. American India� Religious Freedom Act, P.l.. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et._ seq. � r. Power plant and lnd�strial Fusl Use Acf of 1978 - Section 403- 2 U.S.C. 8373.T s, Contract Wark Hours and Safety Standards Act - 40 �.S.C. 327, et seq•� t. Copeland Antikickback Ac# - 18 U.S.C. 87A-.� u. National Enviranmental Policy Act of �9G� - 42 U.S.C. 4321; et sea.1 v. Wild and Scenic Rivers Act, P.L. 90-542, as a�nended. w. Single Audif Act of �984 - 31 U.S.C. 7501, et seq.2 x. Drug-Free Warkp�ace Act of 1988 - 41 U.S.C. 702 thraugh 706. Executive Orders Executive Order 11246 - Equal Employrnent Opportunity' Executive Order 1199Q -�rotection of Wetlands Executive Order '[ 1998 — Flood Plain Management Executiva Order 12372 - Intergovernmenfal Review of Federaf Programs. Executive Order 12699 - Seismic Safety of �ederal and Federally Assisted New Building Co�structian' Executive Order 12898 - En�ironmental Jus#ice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcernent Procedures. b. 14 CFR Par# 1 B- Rules of Practice For Federally Assisted Airpart Enforcement Proceedings. c. 14 C�R Part 150 - Airpart noise compatibility plannir►g. d. 29 CFR Part 4- Procedures for predetermination of wage rates.i e. 29 C�R Part 3- Coniractars and subconfractors on public buiiding or public work financed in whole or part by loans or grants from the United States.� f. 29 CFR Part 5- Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards prouisions app[icabfe to non-constructian cantracts subject ta the Contract Work Ho�rs and Safety Standards Act).� g. �49 CFR Part 60 - Office af Federa[ Gontract Gompliance Programs, Equal Employment Oppartunity, Department af E,abor (Federal and federally assisted contracfing requirements}.� h. 49 CFR Part 18 - Uniforrn adrninistrative requirements for grants and coaperative agreemenis to state and local governments.3 • }�y� I I � � �������1� �",��,� F "� �� Airpnrt Assurances (9199) �� � F �y�� l�"� � � ��'�!� Y �.�v�s ...��1 � ' '` ��11��q� �� �e �U �'a'���.�71 ���TRl1 l.._ . �� _.T.._,. i. 1• k. I. m. m. n. o. P• q� 49 CF'R Part 20 - New restrictians an labbying. 49 C�R Part 21 - Nondiscr'rmination in federally-assisted programs of the �epartment of Transportaiion - effectuatior� of Ti#le Vl af fhe Civil Rights Aci of 1964. 49 C�R Part 23 - Participation by Disadvantage Business �nterprise In Airpart Concessions. 49 C�R Part 24 - Uniform relocation assistance and reai prop�r#y acquisitio� for F'ederal and federally assisted programs.' z� 49 CFR F'art 26 — Participatio� By Disadvantaged Business Enterprises in pepartment af Transportation Programs. 49 CFR Part 27 - Nondiscriminaiion an the basis of handicap in programs and activities receiving or benefiting from Federal financia! assistance,� 49 CFR part 27 -1Vondiscrimination on the basis of handicap in pragrams and acti�ities receiving or benefiting from Federal financial assistance,� 49 CFR Part 29 — Government rruide de�arment a�d suspension (r�on- procurernent) and gaverr�m�nt wide req�irements for drug-free workplace {grar�ts). A�9 CFR Part 30 - Denial of pu�lic works contracts to suppliers of goods and services of countries that deny procurement market access ta fJ.S. conf�-actors. 49 CFR Part 41 - Seismic safety of Federal and federally assis#ed or regulated new building constructian.' Office of Management and Budget Circulars a. A-87 — Cost F'rinciples Applicable to Grants and Contracts wifh Skate and �ocal Govarnments. b. A 133 - Audits of States, Local Gov�rnments, and Non-Profit Organizations j These laws da not ap�ly ta airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CF'R Part 98 and OM8 Circular A-87 contain requirements for 5tate and �ocal Governmenis receiving Federal assistance. Any r�quirerneni levied u�on State and Loca! Go�ernmenis by this regulation and circular shall also be applicable tfl private sponsors receiving Federal assistance under Tifle 49, llnitad Stakes Code, � Specific ass�rances required fo be inciuded in grant agresments by a�y af the above laws, regulations or circulars are incorparated by reference in the gran# agreement. Responsibility and Authoriiy af the Spansor. F� Airport Assurances (9199) Public Agency Sponsar: It has legal auihority ta apply for the grant, and ta finance and carry out the proposed prajeet; #hat a resaluiion, motian or similar ac#ion has been duly adopied vr passed as an official act o# the applicant's go�erning bady authorizing the filing of the application, including all undarstandings and assurances contained ther�in, and direc#ing and authorizing the person ident�fied as the officiaf representative of the applicant to act in cannection wiih the appiication and ta pro�ide such additional information as may be required. Private Sporssor: li has lega! authority to apply for fhe grant and to fi�a�ce and carry out tF�e proposed project and comply with all terms, conditions, and assurances of fhis grant agreement. It shall designate an officiaf representativ� and shall in writing direcf and authorize that persor� to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to pra�ide such additio�al information as may be required. -- � -- - — � A�pendix 1 A�pendix 1 3. Sponsor Fund Availability. It has sufficient funds a�ailable for that partinn of the project cosfs whici� are not to be paid by #he United States. !t has sufficient funds available to . assure operation and maintenance af items funded under the grant agreement which it will own ar control. �4. Good Title. a. It, a public agency or the Federal governrn�nf, holds good tit�e, satisfactory to #he Secretary, to the landing area of the aErport or site thereof, or will give ass�arance satisfactory ta the Secretary that good title will �ae acquired. b. For noEse eompatibility program prajects to be carried out on t�� property of the spor�sar, It holds gaod title satisfac#ory to the Secretary to that poriion of the property upon which �ederal funds will be expended or w9il give assurance ta the Secretary that good title will be obtained. �, Pres�r�ir�g Righis and Powers. a. It will nai take or permit any ac#ion which would aperate ta deprive it of any of the rights and powers r�ecessary to perform any or all of the terms, conditions, and assurances in the grant agreem�nt witho�t the written appro�al of the Secretary, and will act promptly to acquire, extingufsh or rnodify any ou#standir�g rights or c{aims of right of athers whi�h would interFere with sueh perforrr�ance by #he sponsor. This shall be dane in a manner acceptable to the Secretary. b. ft will r�ot sefl, Eease, encumber, ar atherwise transfer or dispose of any part o� its title or ather interests in the property shown on Exhibit A to this app[ication or, far a noise compatibiiity program project, t�at port9on of the property upon whic� F'ederal funds ha�e been expendecf, for the duration of the ferms, conditions, and assurances in the grant agreement without a�proval by tf�e Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the abligations of the grant agreement and to ha�e the pawer, authority, and financial resources to carry out alI such obligations, #he spansor shall insert in tne contract or dacument transferring or disposing of the sponsor's inkeresi, and ma�Ce binding upon the transferee all of th.� terms, conditions, and assurances cantained in #his grant agreement. c, �or all naise compatibility program projects which are to be carried out by another unif o� local governmer�t or are on property awned by a unit of Iocal government other than the sponsor, it will enter into an agreement with tha# govemrnent. �xcept as otnerwise specified by the Secr�tary, that agreement shall obligate that government t� the same terms, conditions, and assurances that would be applicable ta it if it applied directfy fo the FAA for a grant to underiake tha naise compatibility program �roject. That agreement and changes #here#� must be satisfactory to the Secretary. Ik will take steps to enforce this agreement against fhe local government if there is subsiantial non-compliance wiin the terms of the agreement. d. For nois� compatibility program projects ta be carried out on privately awned praperty, i# wiil enter into an agreernent with th� owner of that praperty which includes provisions specified by the Secretary, It uvill take steps to enforce this agreement against the prope�y owner whene�er there is substantiaf nori-com�liance with the terms o���xt�� �,�c��,�-�-��w r��=�; -- .;.+•,��,.�;?r' �w r P ' , . i ;' � . I. � 7 ; . si �}�- ' . �: �, p ���,������ � -- - , �;'=', ,� � ' /�irportAssurances (9199) �1 __ . ' ' _,"°��_ _� — Appendix 1 e. If the sponsor is a private spansor, if will take steps satisfactory to the Secretary to ensure thak fhe airport will continue to function as a p�blio-Use airport in accardance with fhese assurances for the duration af #hese assurances. f. If an ar�angement is made for rt�anagement and operation af the airporf by any agency ar person otl��r than the sponsor or an empfayee of fhe sponsor, the spon5or wi[� reser�e sufficient rights and authority to insure that the airpart wilf be operated and r�aintained in accordance Title 49, United States Code, the regulations and the terms, conditians and assurances in the grant agreement and shall insure that suc� arrangement also requires compliance therewikh. 6. Consis�ency with Local Plans. The pro]ect is reasonably consistent witf� �lans (existing af the time of submission of this application) of public agencies that are auihorized by fhe 5tate in which the project is lacated to plan for the de�eloprnent of the area surround9ng the airpork. Y. Cansideration of E.ocal ]nteres#. It has given fair consideratian to the interest of communiti�s 9n or �ear where the project may be located. 8. Caresultatian with Users. In making a decisian to uridertake any airport development projec# under Ti#fe 49, United Sta#es Code, it has undertaken reasona6f� consultatior�s with afifected pariies using the airport at which �raject is propased. 9, Pubfic Hearings. In projecis involving the lacatior� of an airport, ar� airport runway, or a major ru€�way extensian, it has affor�ed fhe apportunity for public hearings for fh� pur�ose of cansidering the ecanomic, social, and environmental effects of the airport or runway loca:#ion and its consis#ency with goals and abjecti�es of such planning as �as been carried out by the camrriunity and it shall, when requested by the Secretary, subrr7it a copy af the transctipt af such hearings to the Secretary. Further, �or such prajects, it has on its management board either voting representation from the commuRities where the project is locafed or has advised the communities that they �ave th� right ta petikio� the Secretary car�cerning a proposed project. 10. Air and Water Quality Siandards. In projec#s involving airport locatian, a majar runway extension, or runway location it wifl provjde for ihe Governor of the state in which the project is located to certify in writing to tk�e Secretary that the project wi�i be located, designed, constrUcted, and operated so as to comply with applicable air and water quaiity standards. In any case wh�re such standards have nok been appraved and where applicable air and water qua[ity standards have been promufgated by the Administrator of the �nvironmental Protection Agency, certificafion shall be abtained frorn such Administrafior. Notic� af certification or refusal to certify shall be provided wifhin sixty days after #he project appl9cation has been received by the Secr�#ary. 'i1. Pavement Preventive Maint�nance. With respect to a projeci approved after January 1, 1995, for the replacemenk or reconstruction af pavement at khe airpnr�, it assures or certifies that it has irr�plemented an effective airport pavement maint�nance-management program and it assures that it will use such program for the usefu! �ife of any pavement cons#ructed, recanstructed ar repaired with Federal financial assisiance at the airport. It will pravide such reports on pavement condition and pav�menf management programs as #f�e Secretary determi�es may be usefu�. �2. Terminal Develapmen� Prerequisites. For �rojects which include terminal developm�nt at a�ublic use airpork, as �efined in Title 49, it has, on the date of submittal of tne projecf "i�.1/-i"�!;l"I /' ti n���i.'�('�'li N� �• Afrpart Assurances �9199j - — - � � � �If`v�I��Uti� ff��+�'���r:,�+ � �. �� ����: -i�;� � ��i i �� �y�,:,. �� ii �= yd� Appendix 1 grant application, all the safety equipment required far eerti�icatian of such airport under section 44706 af Title 49, Unifed Stafes Code, and all the security equipment required by rule or regulatian, and has pro�ided for access ta the passenger enplaning and deplaning area of s�ach airport to pa�sengers enpfaning and deplaning fram aircraft other tt�an air carrier aircraft. 13. Accounting �ystem, Ar�dii, and Recortl�Ceeping 6��qaairements. a. !t shall keep all project accounts and records which fu�ly disclose the amount and dispasition by the recipient of the proceeds of the gran#, fhe total eosk af the project in connection with which the grant is given ar �ased, artd the arnount or nature of that portion af the eost of ti�e praject su�pli�d by other sources, and such other flnancial recor�s perfinent to the project. The accounts and records shall be kept in accordance with an accounting system tF�at wiil facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shalf make a�ailable to the Secretary and the Comptro[fer General of the United States, ar any of tE�eir duly auti�arized re�resentatives, for the purpose of audit and examination, any books, documen#s, papers, and recards of the recipi�nt that are pertinent tn fhe grant. The 5eeretary may requ�re that an appropriate audit bs conducted by a recipient. In any case in which an independeni a�dit is made of the accounts of a sponsor relating io the dispositiort of the proceeds of a grant or relaiing to the project in connectian with which the grant was given or �sed, it st�al! file a certifEed copy of such audit with the Carnptroller General af the United 5tates not later than six {6) rr�onths following the close o# the fiscal year for which the audit was made. 'i4. Minimum Wage Rates. It sF�all include, in all coniracfs in excess of $2,000 for work �n any projects fu�ded under the grant agreernent whicf� involve labor, provisions estabfishing minimum rates of wages, to be predetermined by the Secretary ot Labor, in accordance with the Da�is-Bacon Act, as amended (40 U.S.C. 276a-2i6a-5), which contractors shall pay ta sEcilled and unskilled labor, and sUch mir�imum rates shall be stated in fhe �nvitafiian for bids and shall be included in proposaEs ar bids fvr #he work. 1�. Veteran's Preference. It shall include in all contracts for wark on any prajec� funded ur�der the grant agreemen# which involve labar, such prav9sions as are �ecessary to insure that, in the �m�loyment of [abor {except in executi�e, administrative, and supervisary positions), preferenca shall be given fo Veterans of the Vietnam era ar�d disabfed veterans as defined in Sec#ion 47112 of Title 49, llnited States Cade. However, this preference shalf apply only where the individuals are available and quafified to perform the wark to which the employment relates. 16. Con#otmity to Plans and Specifications. It will execute the project subject to plans, speeifications, a�d schedules appraved by the Secretary. Such plans, 5�}BCffIC3fIOftS, and schedules shall be subrriitted to the Secretary prior to commencement of site preparation, construction, ar ather perfarmance under this granf agreement, and, upon ap�roval of #he Secretary, shall be incorporated into tF�is grant agreement. Any modificatian to the approved �lans, SpBCIfIC�ffbflS, and schedules shall also be subject to approval ofi the Secretary, and incorporated inta the grant agreemenk. '�7. Construction Inspection and Appraval. It will provide ar�d maintain competent fechnical supervision at the constructian site thraughout the project to assure that f�e wark conforms to the plans, specifications, and schadules approved by the Secretary for the project. It shall subject the construction wark an any project cantained in an apprav��.�����1 application to inspection and appraval by th� Secretary and such work sh�al�ei��', ,r�,����,:� �� . �� ������� u, ; �'.'.;.�' r' - — •� , i �',��� �t Airpor^E Assurances(9I99) � -- — .,�,- � �' I, .li';�•�. Appendix 1 accordance with regulations and procec�ures prescribed by the S�crefary. Such regulations and procedures shall require such cost and progress reporting by the sponsar or sponsors of such projec# as the Secretary shall deem necessary. 18. Planning prajects. In carrying out planning pro�ec�s: It will sxecute fhe proj�ct in accordance wit� khe approved program narrati�e contained in the project application or with the modifications sirnilarly appro�ed. It will f�rnish the Secretary with such periodie reports as required perta�ning to the planning praject and pianning work activities. � c. It will include in all published rnateria! prepared in cannection with the planning project a notice that the material was prepared under a grant provided by the United 5tates. It wif� make such maferial a�ailable for examinafion by the pub�ic, and agrees that no material prepared with funds under fhis pro�ect shail be subject to copyright in the llnited States or any other country. If will give the Secr�fary unres#r�cted authority to publish, disclose, distribute, and otherwise use any of #he �nateria! prepared in connection with this grant. It will grant the Secretary ihe rfght ta disapprove fhe sponsar's employmeni of specific consultants and their subconiraciors to do all or any part of fhis project as well as the right ta disapprove the praposed scope and cost of profess�onai services. g. �t wi[I grant the Secretary the right to disa�prove the use of the spansor's �mpioyees to do all or any part af the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval af any planning material de�efape� as part af this grant daes not canstitute ar imply any ass�arance or commiimeni on the part oF #he Secretary to approve any pending or future applica#ion for a �ederal airport grant. 19. Operation and Mair�tenance. a. The airport and all facil9ties which are necessary to serve fhe aeronautica� users of the ai�port, other than facilities �wned or controlled by the United States, shall be operated at all times in a safe and serviceahle conditiart and in accordance with t�e minimum standards as may be required or prescribed by applicabl� Federal, stafe and locaf agencies for maintenance and aperation. It will nat cause or permit any acti�ity or action fherean which would interfere with its use for airport purposes. It wili suitably operate and rnaintain the airporfi and all facili#ies thereon or connected therewith, ►�vith due regard to climatic and flaod conditions. Any proposal to tem�orarily close the airport for non-aeronautical purpases must �rst be approved by the Secretary. in fur�herance of this assurance, the sponsot will have in effect arrangements for- Airport Assurances (9I99) (1) Operating the airport's aeranautical facilEties whenever required; (2} Prom�tly marking and light9ng hazards resulfing from airport canditions, i�cluding femporary conditions; a�d -�- •� _ . '�/�,� •n «� �� F�r._�c� - � ,� � � - '' -Y�;iiU`i�. ����:. k== . _ _ �=r,r : +s,f����a��:l ; �� I , i ti� �P�. . , �;. � ���_� (3} Promptly no#ifying airmen of any condition affeeting aeronautical use of fhe airpor�. Nothing confained herein shall be canstrued to require that tha airpor# be operated for aeranautical use during temporary periods when snow, flood or ather climatic conditions interfere with such operatian and maintenance. Further, nothing hereiri shal� be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility wE�ich is substantiafly damaged or destroyed due to an act of God or ather conditian or circumstance beyond fhe cantrol of the sponsar. b. [t wiR suitably operate and maintain noise cam�atibility program iterrtis #hat it owns or contrals upan which Federal funds have been expended. 20. Haxard Removal and Mitigation. It will take appropriate action to assure that.such terminal airspace as is require� to protect instrument and visual operations to the airport (includir�g established minimum flight altitudes) will be adequately cleared and protecked by removing, lowering, r�locating, marking, or lighting or otherwise i-nitigating existing airpart hazards and by pre�enting the establishment or creatior� af future airport hazards. 21, Compa�ible Land �se. It will take appropriate action, to the extent reasonable, including the adoption of zoning 1a+n�s, to restrict the use of land adjacent fo or �n the immediate v'tcinity af the airpart to activities and p�arPoses compatible wifh norma[ airport operations, including landing and takeoff a� aircraft. fn additEan, if the project is for naise compatibilify program implementation, it will nat cause or permit any change in land use, wiihin its j�risdictlan, thak will reduce its compatibiliiy, with resp�ct ta the airport, af the noise , compatibiiity program measures �pon which F'ederal funds have been expended. ��. Ecdnomic Nondiscrimination. a. �t wil! make the airport availabie as an airport for public use a� reasonable terms and without unjust discrimir�ation to a!I types, kinds ar�d cfasses of aeronautical acfivi�ies, including commercial aerana�tical ac#i�i#ies offering services to the public af the airport. b. In any agreement, co�tract, lease, or other arrang�ment under which a right or privilege at th� airport is granted io any person, firm, a� corporation to conduct or to engage in any aeronautical activity for furnishing ser�ices to the public at the airport, the sponsor will insert and enforce pro�isio�s requiring the contractor to- (e) fiurnish said services on a reasonable, and not unJ�rstly discriminatory, basis to all users tf�erea#, and {2) charge reasonable, and not unjust�y discriminatory, prices for eac� �nit or service, pro�ided that the contractor rnay be al[owed to make reasonable and nondiscrimi�atory discounts, rebates, ar other similar iy�es of price r�ductions to �olume purchasers. c. �ach fixed-based operafor at the a�rport shall be subject ta the same rates, fees, rentals, and other charges as are unifarmly applicable to all other fixed-based operatars making ihe same or similar uses of such airport and utiiizing the same or similar fac[IitEes. d. �ach air carrier using such airport shalE have the right ta service itself or fo use any fixed-based aperator that is authorized or permifted �y the airport to serve any air carrier at such afrport. e. Each air carrier using such airpori (whether as a tenant, nontenant, ar su6tenant of another air carrier tenant) shall be subjeci to such nondiscriminatory and substanfially comparable rules, regulatians, Afrpor� Assurances (9199) � il�.�. ir"tilf;,�?Ii S-, , T��x����;.�.. ., . `� ,I�` ���s'�� . . l� Appendix � � � � .. Appendix 4 conditians, rates, fees, r�ntals, and o#her charges witl� respect to facilities direcfiy and substan#ially related to providing air transportation as are applicable to aEl such air carriers which make similar use of such airport and util9ze similar facilities, subject to reasonable classifications such as fenants or nontenants and signatory carriers and nonsignatory carriers. Classification ar sta#us as tenant or signatflry sF�all not be unreasonably withheid by any airpart provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or s#atus. It wil! no# exercise ar grant any right ar privilege which operates tfl prevent any person, firm, or corporation operating aircraft on the airport from perforrning any services on its nwn aircraft with its own employess [including, but not limiied to maintenance, repair, and fueling] that it may choose to perfor�rt. g. fn the eveni the sponsor itself exarcises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply #o the furnishing of s�ch services by eommercial aeronautical service pra�iders authorized by the sponsor under these provisians. h. The sponsor may establish such reasonabie, and not un�ustly discriminatory, conditinns to be met by alf User� of the airporf as may be necessary for the safe and eificient operation of the airport. The sponsor may prohibit ar limit any gi�en fype, kind or cfass o� aeronautical use of the airport if such acfion 9s necessary for the safe operation af the airport ar nec�ssary to serve the civil aviat9on needs of the public. 23. Exclusiv� Rights. It will permit no exclusive right for the use nf the airport by any person providing, or int�nding to pro�ide, aeronautical servic�s ta tf�e public, For purposes of this paragraph, tne praviding of the services at an airport by a singfe fixed-based operator shall not be construed as an exclusir�e right if both of the following apply; a. Et would b� unreasanably castly, burder�same, or�impracfical for more than one fixed-based operator to prav9de such services, and b. ff allowing more than one �xed-based operator to provide such services wauld require the reducti�n af space leased ��rsuant ta an existing agreement between such single fixed-based operafor and such airport. It further agrees that it will not, e9ther directly or indirecfly, grant or permit any person, firm, or corporation, the exclusive right at the airport to candUct any aeronautical acti�i#ies, including, b�t not limited to charter flights, pilok trainir�g, aircraft rental and sightseeing, aerial phQtography, crop dusfing, aerial advertising and s€�rveying, air carrler operaiions, aircraft saies arid services, sale af aviation petrol�um praducts whether or nvt conduct�d in conjunction with ather aeronautical activity, repair and maintenance of aircraft, sale of aircraf# parts, artd any other acti�ities which because of their direcf relationship fo the operation of aircraft can be regarded as an aeTonautical acti�ity, and that it will terrninate any sxclusive r9ght to conduct an aeronautical activity now existing a# such an airport befare t�e grant of any assistance under Title 49, United Staf�s Code. 24. �ee and Rer�tal Str�cture. If will maintain a fee and renta! structure for the faciliti�s and services at the airport which wilf make the airport as self sustaining as possible urtder khe circumstances existfng at the particular airport, #aking into account such fac#ors a� the volume af traffic and ecanomy of collection. No par� of the F'ederal share of an airport developmenf, airport planning or no9se compatibility project for which a grant is made uroder Tifle A�9, United States Code, fhe Airport and Airway Improvement Aqt ""�, ���a�� �F - Airpor� Ac# or the , j�j',fr'.�,i�; '. � Airport Assurances �9199} 9 �- r � y1 � h��. � Appendix 1 Airport and Airway Development Act of 19i0 shall be includad in the rate basis in establishing f�es, rates, and charges far users of that airpart. ��. AirporE Revenues. a. All revenues generated by the airport and an� local taxes on aviation fue� established after December 30, 1987, will be expended by it for the capital or aperating costs of ihe airport, the local airpflrt sys#em; or other lacal faciEities whlch are owned or opera#ed by the owner or opera#or of the airport and wF�ich are di�ectly and substantially reiated to the actual air transportation af passengers or praperty; or far naise mitigatlon purposes on or off #he airport. F'rovided, however, that if covenanfs or assurances in debt abligations issued b��ore September 3, 9 982, by the ovuner or operator , of the airport, or provisians enacted before September 3, 1982, in governing statutes con#ralling the owner or operator's financing, provide far tfie use of the r�v�nues from any of the airporf owner or operatar's facilities, including the airport, ta s�pport not only fhe airport but also #he airport owner or operator's general debt obligations or other faci[ities, then this limitation on the use of all revenues g�nerated by the airport (and, in the case of a public airport, local taxes on aviation fuei} shall nat apply. b. As part of t�e annual audit required under the Single Audit Acf of 1984, the spansor will direct that the audit will review, an� tf�e resulting audit report will provide an opinion ca�cerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to �he awner or operator are paid or transferred in a manner consistent with Title 49, llnited States Cade and any ather applicable provision o# faw, including any regulation promul�ated by the Secretary or Administrator. c. Any civll penalties or other sanctians wil! be imposed far �iolation of this assurance in accardance with the pravisions of 5ection 47107 of Title 49, United States Code. 26. Reporfs and lnspections, It wili: a. submit to the Secretary such annual or special financia[ and operations reports as the Secretary may reasonably request and make such reports available to the public; make avaifahle to the public at reasor�able tim�s and p�aces a report af the airport budget in a format prescribed by the Secretary; far airport dev�lopment projects, make the airpo�t and all air�ort records a�d documa�ts affecting the airport, including deeds, �eases, operation and use agreements, regulations and other instruments, availabfe for inspeciion by any duly au#horized agent of the Secretary upon reasonable request; c. far naise compatibility program projects, make records and dacumer�ts relating to the project and continued campliance with the terms, conditions, and assurances of the grant agreernent including deeds, leases, agreements, regu[ations, and other instruments, available far inspeetion by any duly authorized a�ent of the Secretary upon reasona�le re�uest; ar�d d. in a format and time prescribed by the Secretary, provide to the Secretary and make availab[e to the public following eac� of its fiscal years, an anrtuaE repart listing in detail: (�) aA amaunts paid by the airp�rt to any other unit of government and the purposes for which each such �ayment was made; and Airpnrt Assurances (9I99) � 0 :`.�;,. _ �°�.t�`�;� , � ;, � ,�.� � .� ' ~ �I ' �� �,�i�;�!+ I� � , �`r7, . � Ir �I !�It�, , ,� Appendix 1 (ii) all ser�ices and property provided by the airpart to other units of government and the amo�nt of compensafion received for provision of each such service and praperty. 27. Use by Gorrernment Aircrafi. it wia! �nake available a11 of the facilities af the airport developed with Federal financial assistance and ail those usable for Eanding and taEceoff of aircrafit ta ths Uni#ed States far use by Go�ernment aircraft in cammon with other aircraft at all times without charge, except, ifi the use by Government aircra�t is substantial, charge may be made far a reasonable share, proportional to such use, for the cost af operating and mainiainir+g the facii�ti�s used. L�nless otharwise determined by th� 5ecretary, or ofherwise agreed ta by the sponsor and the using agency, substantial use of an airport by Go�ernment aircraft wi�i be considered to exist when operations of s�ch aircraft are in excess of those which, in the opir�ian of the Secretary, w�uld unduly interfere with use o� the landing areas by other authorized aircraft, or during ar�y ca[endar month that- a. F9ve (5) or mvre Government aircraft are regularly based at t1�e airport or an land adjacent th�reto; or b. The total number of movements (caun#ing each lancfing as a movement) of Government aircraft is 300 or more, or the gross accumulative weighf af Go�ernment aircraft using the airpori {the tatal movement of Gavernment aircraft multiplied by gross weights af suci� aircraft} is in excess of fi�e millian paunds. �8. Land far �ed�ral Facilities. It will furnish wiihaut cost tQ the Federal Gavernment for use in cannection with any air traffiic cor�trol or air nawigaiian acti�ities, or weather-rep4rting and cammunication acti�ities related to air traffic control, any areas of fand or water, or esfate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable fvr canstruction, oPeration, and maintenance at Federal expense of space or faciiities for such purposes. Such areas ar any portion thereof will be made available as provided herein within four months afier receipt of a written requesf from the S�cretary. 29. Airport La�rout P�an. a. 1# wil� keep up to date at a11 times an airport Eayout plan of the airport shawing {� ) boundaries of the airport and all proposed addifions ther�fo, #ogether with the boundari�s c�f all offsite areas owned or control[ed �y the sponsor for airport purposes and proposed additions thereta; (2) the foca#ian and nafure af afl exisfing and propased airpori faci[iiies and structures (s�ch as runways, taxiways, aprons, t�rmina� buildings, han�ars and roads), including af[ proposed extensions and reductions of existing airpori facilities; and (3} tl�� location af all existing and proposed nonaviation areas and af afl existing improvements thereon. Such airport layaut plans and each amendment, revision, or modification thereof, shall be subject ta the appro�aC of fhe Secretary which approval shall be evidenced by #he signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The spansor wilf not make or permit any changes or alterations in the airport or any of its faciiities which are not in canfarmiiy with the airport Eayout plan as appraved by the 5ecretary and which rr�ight, in th� opinion of the Secrefary, adversely affect the safety, utility oT efficiency of the airport. Airpor� Assurances (9199) ff a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or etficiency of any federal[y awned, feased, ar fundet� praperty on or off the airport and which is naf in conformity witn the airport layoui plan as approveci fay the Secretary, the ovmer or opera#or will, if requested, by the Secretary (1) eliminate sucf� adverse effecf in a manner approved by the Secretary; ar (2) bear all costs of relocating such property (or rP�la��merat-ih�r�s�;�� �r sife acceptable to the Secretary and alf costs of r�s�ar; , Uc,h �� �-����y ; 9 �I ' � I � ���,.. � : I _ I I ., 4 �`� Appendix 1 (or replacemer�t thereof) ta ine levef of safety, �tility, efficiency, and cost af operation existing before the unapproved change in the airport or iis facilifies. 30. Civil Rights. ft will compfy wifh such rules as are promulgated to ass�re that no persan sf�a�l, on the grounds of race, ereed, color, national origin, sex, age, or handicap be excluded from parficipating in any activify conducted with or benefitin� from funds received from this grar�t. This assurance obligates t�e sponsor for the period during which Fed�ral financial assistance is extended to ihe program, except where Federal flnancial assisfance is to pravide, or is in fhe form of persona! properfy or real praperty or interest #herein or sirucfures or improvernents thereon in which case the assurance obligates the sponsor or any transferee far the lan�er of the Fofiowing periods: (a) the p�;riod during whic� #he property is used for a purpose for which Federal financial assistance is extended, or for anather purpose in�oiving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownershi� or possession of the properfy. 3'i. Dispasal af Land. a. Far land purchased under a grar�t for airport naise compatibifity purposes, it wil! dispose of the iand, when #he land is no longer ne�ded for such � puTposes, at fair rnarke# value, at ii�e earliest prac�icabl� time. That portion af the proceeds of such dispositian which is praparfionate to the United States' shar� of acquis9tion of such land wilf, at the discretion of the Secretary, 1) be paid fo the 5ecretary for depasit in tha Trust Fund, or 2) be reinW+esied in an approved noise campafibiliiy project as prescribed by tYte Secreta�'y. (32}For land purchased under a grant far airport deve�apm�nt purpases (other than noise cam�atibi�ity}, it will, when the land is na lo�ger needed for airport purpases, dispos� of such land at fair market value or make available ta the Secretary an amount equal to the United Sta#es' pro�artionate share of fhe fair market value of the land. Thak portian of the pr�ceeds of such disposition which is proportlonate to the � United States' share of the cast of acquisition of such land will, (a) upon app�ieatian ta tY�e S�cret�ry, be reinvested in another eligible airport improvement projec# or projects approved by the 5ecretary at that airport ar within the national airport system, ar {f�) be paid fo #he Secre#ary for deposi# in the Trust �und if no eligibfe project exists. (2) Land sha[I be cvnsidered to be needed far airport purpases under this assurance if (a} it may be needed for aerona�utica{ purposes (including runway protection zones} or serve as noise buffer land, and (b) the revenue from inferim �ses of such land cantributes to the financial se�f-sufficiency of tYte airport. Further, land purchased with a�rant received by ar� airporf operator or awner before December 31, 1987, wifl be cor�sidered fo be needed for airport purposes it the Secretary or Federal agency making such grant before December 31, 9987, was nofified by the operator or �wner of the uses af such land, did not object tp suct� use, and the iand �ontinues to �e used far that purpose, such use having cammenced no later than December 75, 1989. c. Dis�nsi#9on of such land under (a} or {b) will be subject to the retention or reservation of any in#eres� or righfi therein necessary ta ensure that such land will anly be used for purpos�s which are compatible wiih noise Ievels associat�d wiih o�eration of fhe airport. 3a. Engineering and Design Services. lt wil] award each contrae#, or sub-cantract for program managem�nt, construction management, planning sfudies, feasibility studies, architectural s�rvices, preliminary enginesrRng, design, engineering, ��r-��r��; m'�"e�,�.n�:��- -- . — . � . '. .� � . �..i,, �� Airport Assurances 9199) �� +��,.. � '� � , L;, ��i� �'"��. ,����" yy 6 '�� Appen�ix 1 rela#ed services with respect to the project in the same manner as a contract for archi#ectural and engineering services is negoii�ted under Title IX of the �ederal Praperty and Adminis#rative Services Act of 1949 or an equivalent c{ualificatians-based reqt�irement prescrit�ed for or by the sponsor of the airport. 33. Foreign Market Restrictians. 1t will nvt allaw funds provided uncier fhis grant to be used #o fund any project which uses any product or servic� of a fdreign count�y during the period in which such foreign country is listed by the United 5tates Trade Representati�e as denying fair and equitab�e market opportunities for products and suppliers of the United Stat�:s in procurem�nt anci canstr�ctian. 34. Policies, Standards, and Speclfications. ft will carry ouf th� project in accordance with palicies, standards, and specificakions approvad by the Secrefary inciuding but not �imited to the advisory circulars listed in #he Current FAA Advisory Circulars for AIP projects, �ated and included in this grant, and in accordance with applicable stat� policies, standards, and specifications approved by the 5ecretary. 3�. Relocation and Real Proper#y Acquisition. {1) It wiEl �e guided in acquiring real property, io the greafest exfen# practicable under State law, by the Eand acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse prop�rty owrters for necessary expens�s as specified in Subpart B. (2) It will provide a relocation assis�ance program offering the services described in 5ubpart C and fair and reasonable relocaiican payments and assistance ta dis�laced persons as required in 5ubparf D and � of �9 CFR Part 2A�. (3) It will make available within a reasonable period ot time prior to displacement, comparable rep�acemenk dw�llings to displaced persons in accordance with Subpart E af 49 CF'R Parf 24. 3fi. Access By Intercity 6uses_ The airpart awner or operator wili permit, ta the maximum exienf pracficable, intetcity buses or akher modes of transportation to ha�e access to the airport, howe�er, it has no 4bligation to fu�d special faciliti�s for i�tercity �uses ar far other rr�odes of transpor#ation. 37. Q�sactvariEaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any []OT-assis#ed contract or in the administration af its DB� program or the requirements of 49 CFR Parf 26. The Recipient shall take a�l necessary and reasona�le steps under 49 C�R Pari 26 to ensure non discrimination in the award and administration of DOT-assisted contracts. The recipient's D8E program, as required by 49 CFR Part 26, and as appro�ed by DOT, is � incbrp�rated by reference in this agreement. Implementatinn of this program is a legal obligation anci failure to carry ouf its terms shalf be treated as a violaiian of this agre�ment, Upon notification to the recipient of ifs failure to carry out ifs approved pragram, the Depar�ment may impose sanctions as provided for und�r Part 26 and rt�ay, in appropriate cases, re�er the matter for enforcernent under � 8 U.S.C. �001 and/Qr #he Pragram Fraud Civil R�medies Act of 1986 {31 U.S.G 3801). Airport Assurances (9I99j -- � 13 � � �'' � i. .;=! CrGW ����f y_ I''��K���!'�i'��?� ' �� ���f�• 'S _ CURRENT FAA ADVlSORY CIRCULARS FOR AIP/P�C PROJECI"S NUMEER 701'79b0-1J 15015000-13 �sas�ia-�s 1501521Q-'� 150/521Q-13A 1�QI521a-I.�FA 1��1�210-15 15QIS�10-18 150/5�10-19 � SQ/52�0-4B 15fl/52�0-YOB 15015220-13E I5Q/�220-168 150/5�20-1"�A 150/�22D-18 1�Q15220-19 15Q/�220-20CHG 1 15a1�220-21A 15015300-13 CHG 1 2, 3, 4, 5 150/�300-I4 15015320-SB 150f5320-6D ] 50/53�U-1�C Updpt�d on: 7/1199 The foIXowing apply ta both AIP and PFC Proiects TITLE . . — _. _ - -- - -- Obstruction Marking and Lighting Announcement of Availabiliiy--ItTCA Inc., Document RTCA-221, Guidance and Recornmended Requireznents inr Aupart Surface Movement Sensars . Fainting, Marldng and Lighting of Vehicles Used on an Airport Aircraft �ire and Rescue Comrnnnications Water Rescue �laz�s, Facilities, and �quipment Airpart Fire and Rescue Personnel Protective Clothiag Air�aart Rescue & Fire%ghtur�g Station Building Design Systezns for Iute�ac�ive Tra�ining of Airpart Personn.el Dtiver's Enhanced Vision Systern (DEVS} , Water Supply 5ystems far Aircraft Fire and Rescue Protection Guide Speci�catinn for Water/Fnam Type Aircraft Rescue and Fi.refighting Vehicfes Runway Surface Condition Sensor Speei%cation Guide Antomated Weat�er Observing Systems far NonFederal App�ications Design Standards for Aixcraft Rescue Fire�ghting Training Facilities Buildings for Stazage and Maintenance af Aarport Snow and Ice Control Equipment and Materials Guide �pecification for Small, Duai-Agent Aircraft Aescne azid Firefighting VehicIes Airport Snow and Ice Control Equipment Guide Specification for Liits Used to Board Airline Passerzgers Wiih Mohility Impairments , Airport Design 154/532fl-14 l 50/53�0-16 Z50153�5�4A CHG 1 15415340-1G 150/�34Q-4C CHG1&2 1501534a-SB CHG 1 15QI534fl-14B CHGl &� 15415340-17B I501�340-i8C CHG f 1�pIS340-19 150/5340-�1 150/5340-�3B 15D/5340-24 CHG 1 15U15340-ZiA 15015345-3D I�4/534�-5A Design of Aircraft Deici3ag Faciliiies Aiuport Drainage Airport Pavement Design and Evaluation Measuxement, Cans9ructioa, and Maintenance of �kid Resistant Airpvrt Pavement Surfaces Aiipart Landscaping f�r Noise Control Purpdses Airport Pavem�nt Design £oz ihe Boeing 777 Airplane Runway Length Requirements for Airpart Design Standards for Airport Markings Installation Detaiis for Runway Centerline Toucl�dovcm Zone Lighting Systems Segmented Cizcle Anport Marker System Economy Approach Lighting Aids Standby Power for Non-FAA Airport Lighting Systcros Standards foar Airport Sign Sqsterns 'Taxiway Cen#erline Lighting System Airport MiseeIlaneous T�ighting Visual Aids Suppleznental Wind Cones Rux�way and Taxiway Edge Lighting System Aiz-to-Ground Radio ContrvI of Airport Lighting Systems Specification for L821 Panels for Remvte Controi of Airport Lighting Circuit Selectar Switch � �: a;�,c���4 R� � �:��r� ���� ��� � �1 . � ,} ,� :# ��,� ���� ; if "` : . i� .�� �5D/5345-7D CHG 1 1541�345-10E �50/5345-12C 15D/5345-13A 1�OI5345-26B CHG1&2 150/5345-27C 15015345-28D CHG 1 15QI5345-39B CHG 1 15QI5345-4�C CHG I 1501�34�-43E 1�U1534�-44F CHG 1 1 �0/5345-4�A 1�QIS34�-46A 1��1/53�4a-47A 1�0/53�5-49A 1.501�34�-�0 CHG 1 1501�345-52 CHG 1 150/534�-52 150l5345-�3A (incl. acldendum) 154/5360-9 150/536fl-1tiA 15U15360-13 CHG 1 15U/5370-�C 15015370-1QA CHG 1, �, 3, 4, 5, 6, '�, 8, 9 IS015390-�A IS0/5390-3 NUMBER 1�O/SXOQ-14C 150/�26Q-30A CI3G1&2 15Q/�20D-33 1 �D/�30(1-15 15U1�37Q-11 CHG 1 ]5015370-1Z i�0/a370-6B NUMSER xsaisaoa-1� Specification for L824 Underground Electrical Cable for Airport Lightzzxg Cu�cuits Speci�ication for Constant Cuxrent Regulatoxs Regulator Monitors Specification for Airport and Heliport Beacon Specification for �,841 A�xiliary Relay Cabinet Ass�zx�bTy far Pilot Control oi Airport Li�hting Circuits Specificaiion for L823 Plug and Receptacle, Cable Connectars Specificat�o� fox Wind Cone Assemblies Precision Appxoach Paih Indicator (PAPI) Systems • �'AA Specification L853, Runway and Taxaiway Centerline Retroreflective Markers Speci�iication for Airport Light Bases, Tzansformer Hn�sings, JunetiQn Boxes and Accessories Speaification for Obstruciion Lighting Equipmant Specifica4ion %r Taxiway and Runway Signs Lightweight Approach Light Structure Speci#ication for Runway and Taxiway Light Fixtures Isolation Trans%r�ners for Airport Lighting Systems Specification I,854, Radio Control Equipmez�t Specificatian fox PorYable Runr�ay Lights Specification fo� Discharge-Type Flasher Equipment Generic Visual Glideslope T�zdica#ors (GVGI) Aizport Lighting Equipment Cerpification Pragram Plan�ing and Design of Airport Tezaanxnal FaciIities at NanHub Locations Airport Signing & GrapYucs Planning and Design Guidance for Airport Termsnal Facilities Opezational Safety on Airparts Duzing Construction Standards for Specifying Construction of Aizports H�:lipart Design Vertiport Design The followin� auulv io AIP Proiects onXv TITLE Arehitectnral, Engineering, and Planning Consultant Services for Airpart Grant Projects A�xport Winter �a%ty and Qperations Hazardous Wildlife Atlxactants On ar Near Airports Use of Value Engineerin� for Engineering Design af Airport Grant Prajects Use oFNondestractive Testing Devices in the Evaluation of Airpnrt Pavements Quafity Cantrol of Construetion for Airport Grant Projects Construcrion �zogress and Inspection Report-Airport Grant Program The foilovvin� auulv to PFC Proiects on�v. TITLE Announcanneaat of Availability - Passenger Facility Charge (PFC) Application {FAA �'onn ssaa�� 'd � � � .���� .��s, , }'�i � �� � � �:� � �� � . ;���,� �'ity of �'ort T�Yo�th, T'exas ��.yor �.�c� �o�.��i� �����nic�.�i�� DATE REFERENCE NUMBER LOG NAME PAGE 7116/02 **���36�'� 5�REPAIR � of 1 SUBJ£CT APPROVE AND ACCEPT A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IIV THE AMOUNT OF $142,000 FOR THE REPAIR OF TAX�WAY "H" AT ALL{ANCE AI RPORT RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City manager to apply for and accept, if awarded, a grant from the Federal Arriation AdminEstration {FAA) in the amaunt of $�42,000 for engineering services and pa�emenf repairs to a portion �f Taxiway "H" at Alliance Airport; and 2. Authorize the use of land credits in the amount of $15,778 far the City's in-kind �acal match of � �% of �he project cosi; and 3. Adopt the attached appropriation ordinance increasing esiima�ed receipts and appropriations in the Granfs F'�nd by $R57,778, subjecf fo receipt of fh� grant. DISCUSSION: A sectian of Taxiway "H" at Alliance Airport is failing due to erosion beneath �he pavement. The estimated cost of design, testing, and construction related services is $240,000. The project wil{ be sp[it into two grants. The first grant from the FAA for Phase 1 is expec�ed ta be $142,OQ�. The seope of work in Phas� I wiii be design and engineering s�rvices related ta the construction, and is expected to be approximately 15°/a of the tata[ projecf cost, or $36,000. The remainder of the Phase i grant, and all of the Phase �I grant, will be used for construction services. The Aviation Advisory Board unanimously approved this actiar� at their meeting an June 20, 2aa2. FISCAL INFORMATIONICERTIF[CATION: The Finance Director certifies that upan app�-oval of the abo�e recommendations, receip� of the grant I award, and adoption of the attached apprapriation ardinance, funds will be available in the current opera#ing budget, as appropriafed, of fhe Grants Fund. MO:k 5uhmitted far CiLy lYIanager's Office by: Marc Ott Originatfng Department Head: Lisa A. Pylcs 6122 5�F03 FUND I ACCOUNI' I CENTER I AMOUNT (�p) 3} GR76 451855 0552187940D0 $942,OOO.DO 3) GR76 488349 0552187940QQ $ �15,77$.DD 3) GR76 538124 0�5218794010 $142,000.00 3) GR7B 541110 05521879402D $ 15,778.00 (from) CITY SECR�TARY APPROVED 07/16/02 ORD.#15154 Additional Information Contact: Lisa A. Py1es 5403