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HomeMy WebLinkAboutContract 28016� � , , �ITY S��RE�qRY , ,, ��, :. � �ON��AC� �p � � � ��� �������� U.S. Depa�tment of Transportation Federal Aviation Administration Date oi Offer: ��� 2 7 Z002 Airport: Fort Wvrkh All'rance FOR DEVELOP1VIEl�1'I' PROJECT PART I�OFFER Project Na. 3-48-0296��00� TO: Cit� of Fart Worth 1000 Throckmorton Street Fori Worth, TX 76102 (herein refe�xed to as the "Sponsor") ,� — �,�`�������`� �� ��,s , _ , FROM: The United States of America (�cting throug� the Federal Aviation Admin istration, herein referred tn as the "FAA") WHEREAS, the Sponsor has submitt�d to the FAA a Project Application (also called an Application For Federal Assistance) dated Septembee 20, 20f}2 for a grant of �'ederal fvnds for a project for development ai the Fort Worth Alliance Airport {herein cailed the "A�rport"), together with plans and specifications %r such project, which Application for Federal Assistance, as approved by the FAA, is he.reby incorporatad herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein caIIed the "Project") consisting of the fallowfng-described airport development: CONSTRUCT TAXIWAY AND APRON FOR SW CARGO FACILITY PHASE �I all as �nore particularly described in ihe property zx�ap and plans and speciiicafiipzzs incorporated in the said Application for Federal Assistance. FAA Fonn 5100-37 {l �-89) Developmwil or Noise Pragram ASW Fonn 5100-37 (7110) - �,._� _� - � ''>l�b�����s� �. "�� � �� � �:� ��� ��. ; ': �� � . �'.i+ "' :tf� _ ���� � Yage I oi'��Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Cade, herein called "Title 49 U.S.C.," and in consideration of (a) the �ponsar's adoption and ratificaiion of the representations and assurances contained in said Pzoject Application and its acceptance of tkiis Offer as hereinafter provided, and (b) the benefits to accrue to the United Statas and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein pravided, THE I+'EDERAL AVIATI�N ADN�TISTRATION, FOR AND ON BEHALF OI<' TH� UNITED STATES, HEREBY QFFERS AND AGR�ES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percentum of aII allowable project costs. This Offer is made on and subject to ihe following terms and conditions: Conriitions 1. The maximum ohligation of t�e United 5tates payable under this affer shall he $4,3Qfl,000.00. 2. The all�owable costs of th.e proje�t shall not include any costs determined by the FAA to 6e ineligible far consideration as to allowability under Title 49 U.S.C. 3. Payment oi the United States share of the allawable project costs will be made pursuant to axkd in accordance with the provisions oF such regulations and pracedures as the Secretary shall prescxibe. Final determination of the United States share will he based upon the final audit of the total amount of allowable project costs and settlement wilI be made for any upward or downward adjustments to th� Federai share of costs. 4. The sponsor shall carry out and complete the Project wzthout undue delays and ix� accordance with the terms hereof, and �uch regulations and procedures as tt�e Secretary shall prescribe, and agrees to corrkply with the assurances which were inade part of'the project application. 5. The F�1A reserves the right to amend or withdraw this offer at any tirne prior to its acceptance by ihe sponsor. 6. This offer shall expire and the United States shall not be ohligated to pay any �art of the casts of the project unless this offer has been accepted by the sponsor on or before September 30, 26Q2 or such suhsequent date as may he prescribed in writing hy the FAA. 7. The sponsor shall talce all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which F�d�ral fnnds ha�e been expended. For t3ie purpvses of this grant agreement, the term "Fedaral funds" means funds, however, used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It ahall obtain the approval o� the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recoverec� Federal share, including funds reco�ered by settlement, order or judgment, ta tkze Secretary. It shall furz►ish ta the Secrekary, upon request, all doc�ments and records pertaining to the deter�nination of the amount of the Federal share or ta any settlement, iitigation, negotiation, or other efforts taken to recover such funds. All s�ttlements ar othcr final pasitions of the sponsor, in court or otherwise, involving ihe reca�ery of such Federal share shall be approved in advance by the Secretary. $. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incidsnt tn, compliance with this grant agreement. 9. iTnless atherwise appz-oved by the FAA, the sponsor will not acquire or permit any contractor or subcontractar to acquire any steel or manufactuxed products groduced outside the United States to be used for any project for airpart developitne�.t or noise compaiibility far which funds are provided under tl�is grant. The sponsor will include in every contract a provision implementing this special conditian. 1p. The property map referred to on Page 1 of this Grant Agreement is the Property Map, E�chibit "A", attached to the Application �'or �'ederal Assistancc attached to AIP Grant 3-4$-0296-20-Q2 11. It is rr�utually understoad and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or izve {5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter fram the FAA advising of the budget change. Conversely, if fihere is an overrun in the eligible projec# costs, FAA may increase the grazit ta cover the amount of averrun not to e�ceed the statutory fifteen (1 S%) percent limitation, and will ad�ise FAA Porm S10D-37 (10-89) Develop�nent or Noise Progrzm Page 2 of SPages ASW �'onn 5100-37 (71I0) the sponsor by letter of khe increase. Upan issuance of either of the aforementioned letters, the maximum abligation of the United StaYes is adjusted to the aznount specifeci. l2. Tf a letter of credit is to be used, the sponsar agrees to request cash drawdowns on the authorized lelter of credit only when actually n�eded for its eEisbursements and to timely reporting af sueh disbursements as required. It is understoQd that failure to adhere to this provision may cause the Ietter of credit to be ravaked, 13. The Spansor agrees to perform the folIowing, if this project contains more than $25�,000 of paving: a. F�rnish a construction management pro�;raui to FAA prior to the start of construction which shall detail the measures and procedures to be used to co�nply with the quality conErol pro�isions af the construct�on contract, including, bnt nat limited to, a!1 quality eontroI pro�isions and tests required by ihe Federal speciiications. The program shall include as a rninimum: 1. The �ame of the person representing the sponsor who has overall responsibility for contract administratian for khe project and the autharity to take necessary actions to comply with the contract. 2. Na►nes nf testing laboratories and consulting engineer firms with yua�ity cantrol responsibiliti�s on the project, togather with a description of the services to be provided. 3. Pracedures for determining that testing lahnratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract speciitcatians (D 3666, C 1077). 4. Quali�'ications of engineering supervision and const�uction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency af tests ta be taken, the methad of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type oi test. 6. Procedures far ensuring that the tests are taken in accardance with the prograrn, that tt�ey are documentad daily, and that the proper corrective actions, where necessaiy, are undertaken. b. Submit at completion of the project, a final test and quality control report documanting the results of all tesfs petiarm�d, highligMting those tests that failed nr did nat meet the applicable test standard. The report shall include the pay reductions applieci and reasons for accepting any out-af-tolerance matarial. An in#erim test and quality control repnrt shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or fa.ilure to perform such tests, shall, absent any coinpeiling justifica�ion, result in a reduction in Federai participation far costs incurred in connectian with canstruction of the applicable pavement. Sueh reduction shall be at the discretion af the FAA and will be based an the type or types of required tests nat performed ar not documented and will be carnmensurate with the praportion of applicable pavement with respect to tha tpfal pavement constructed under the grant agreement, d. The FAA, at its discretion, reserves the right ta conduc# independent tests and ta reduce grant pa�ments accvrdingly if such independent tests determine that sponscrr test results are inaccurate. 14. The plans and specificakions ceferted to on Page 1 af tE�is Grant Agreement are the plans and specifications identified as Sponsor contracts — Consfruct Soathwest Cargo Taxiway and Apron, Phase II, Land Credit as Complete and Local Share, the Donaiion of Parcel H-10. The Sponsor's acceptance of this Offer anc� rati�cation and adoption of the Project Application incorpvrated herein shall he evidenced by execution of this instrument by the Sponsor, as hereinafter pro�ided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided hy Title 49 U.S.C., eonstituting the contractual obligations and rights of th� United States and tt�e Sponsor with respect to the accomplisl�ment of the Project and compliance with the assurances and conditions as provided harein. 5uch Grant Agreement shall become effecti�e upon the Sponsor's acceptance oithis Offer. ;° � �r�'G' ���'"+�4'�1�'I � � (��j';'' _ ',,�,,�, " , :�� � FAA Form 5100-37 (18-59) I]evelopment or Dfaise Program � �jfry �x.� ° ��.:;p�.�'�� Of�Pages ASWFdrmS10D-37(7/L0} 4rp' ��T ' ���iAix��,�5 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATTON FAA Form S100.37 (10-89) Development or Noise Program ASW Fo�rn 5100-37 (7/L0) �����v J. �chael Nicely, Manager Texas Airparts Development Office ��:������. � . :.��� ���':. � ;rr� n�,�r � i� -i.�...'�� .� .,, ��� � _ � , _ ��� :�- ' ry' P�4 o Pages PART II � ACCEPTAli�CE � i�� �� � i �� i i � ■ � w i i�. i r� ��� The Sponsor daes hereby ratify and adopt all assurances, staterr�ents, representations, warranties, covenants, and agreements contained in the Project Applicatian and incorporated materials referred to in the faregairng Offer and daes hereby accept this Offex and by such acceptance agrees to comply with all of the terms and conditions in this O�fer and in fihe Praject Applicatipn. {-�,, . Executed this day of , 20 � (SEAL) City af Fort Worth 1000 Throckmorton Street F'ort Worih, TX'�6102 (Name of Sponsor) By: � _Q� lK, _ (Sponsor's Designate Official Aepresentative} Title: � ' % �� �i' j� /��,a�� 1 �- - � Attest: ,.,�,, t �- t - - — Title: � i + � - � � — •�— �.� :- A . I, � �"' i , �. i �.y CERTIFICAT� OF SPON50R'S ATTORNEY , acting as Attorney for the Sponsar do h�reby certify: That in my opinio� th� Sponsor is empowered to �nter infio the iaregoing Grant Agreement under the Iaws of the State of %�� .�_; . Further, I have examin�d the fnregoing Grant Agreement and the actions taken by said Sponsor relating ��reto, arid find that Yhe acceptance thereai by said Sponsar and 5ponsor's off'icial reprasentative has been tiuly authorized and that the execation thereof is in all r�spacts due and proger and in accordance with the laws of t�ie said State and Title 49 U.S.C. In addition, for grants invalving projects to be carried aut on property nnt owned by the Sponsar, there are no legal impediments that will pre�ent full performance hy the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of tha 5ponsor in accardance writh the terms thereof. Dated at {� �'+� , f y . � ` r`"� � % � �' K ..: this � u�, day oi ^� � ' �y: . ,��- , 20 �. �. ��s '-G ' ' j�.' �.t� _ '.7 i.i b (Signature,a{.$ponsor's Attomey) s ry, 7� �� J ,` �..,� aed , , �-�+.,"- . - �.� FAA Farm Si00-37 (10-89) Develapment or Noise Program , , . ��� S�f SpSgES ASW Form 51��-37 (7/L0) . - � � , . ��"r���si"'i�l�� ��� ��D���� 1"o��7�J 1 I`11�Gb� 1. 7YP� Op SUBMISSION: 'yYY���'�'��'n"} Pr�applkafion �] Cq^v;rur,upn ❑ Construcfion ❑ Non-Canstruction ❑ Non-Construction 5. APPLICANT INFORMATIDN l.egal Neme: City of Fort WarEh Address rgiue cify, caunfy, sfate, and zip codeJ A1000 Throckmorton Street Fart Worth, TK'�6102 2. �ATE SUBMI77Ed 3. �ATE RECEIVE� BY STATE q. bA7E REC�IVEO BY FEQERALAGENCY A¢plicanl Itlenlifier OMB Approval No. 0348-4043 State Appllcalion Idenlifier Federei Idenllfier Organizational Unit: AVTATION DEPARTMENT EMPLOYER I�ENTIFiCAT10N �UMeER (ElN): � � � � � � � � � e. 7YPE OF APPLICATION: � New ❑ Continuation ❑ Revisibn If Revision, enter appropriate lettar(s) in hox(es): � � A Increase Award B❑ecrease Award C Increase Durafion D becrease buration Olher (specify) Name and telephone number of the person lo be coMracted on mattars involving this applicailon {grve area code) BRIDGET GARRETT ACTING DIl2ECT�R OF ATRPORT SYSTEMS 81i-871-5403 7. TYPE OF APpLICRNT: (enter appropriats letter in boxJ � R. State H. Interdependent School Districl 8, County I. State Conlrolleck ]nslifution of Fiigher Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. ]ntermunicipal M. ProFt Organizatlon G. Special Dlstrict N. Other (Spec9fy) 9. NAM@ �F FE�ERALAGENCY �EDERAL A�IATION ADMINISTRATION, 5W REGION FORT WORTH, TEXAS'�6193-05�Q 10, CATALOG OF FEUERAL UOPAESTIC 17. pESCRIPTIVE TI7LE bF APPLICAN7'S PRQJEC7: AS515TANCE NUMBER � �+ � � � WEST CARGO/TAXIWAY - PHASE II TIiL�: Airport Improvement 44 � Program AIP} 12. AREAS AFF CTE� BY PROJEC7 (cltres, counfies, states, etc.): • CITY OF FORT WORTHINORTH TARRANT COUNTY 13. PRQ�'D5�1] PROJECT 14. CONGRESSIDMAL DISTft4CT5 OF Start�ate �nding bate a. Applicant b. F'rojeat 1/1103 12/31/03 TEXAS 6, 12 T�XAS 12 15. ESTIMA7E� �UNDING 16. 1S APPLICATIfl�V SUBJECT TO REV EW BY STRTE EXECUTIVE OR�ER 12372 PROCESS a. Federal �$ ��3Q��ODd •DO a. YES, TFiIS PREAPPLICATIONIRPPLICATION WAS M1hRRE AVAIIABLE TO THE STA'fE EXECUTNE Oi�DER 12372 PROC�SS FOFi REVIEW ON b. Appilcant c. 5tate d. Local e. Other (. Program incorne $ $ $ $ $ �ATE: � PROGRAM IS NOT COVERE� BY E. O. i2372 ❑ QR PROGRAM HA5 NO7 B�EN SELECi'ED BY STATE FOR REVIEW ,p0 17. 1S THE APPLICANT DELINQUENT ON ANY F�UERAL DEBT? g. TOTAL � 4,'�iq,7i8 •a� ❑ Yes If yes, attach an explanaUon � Na i8. TO THE BEST OF MY KNOWLEDGEAN� BEL{�F, ALL D 17A ]N 7H15 APPLICATtON ARE TRUE AN� CORRECT, THE �OCUM�N7 MAS BEEN aULY AUTHORIZ�b BYTHE GOVERNING BO�Y OFTFEE APPLICANTAND THE APPLICANT WILL COMPLY WITH THE ATTACHE�ASSURANCES 1F THE ASSiSTANCE iS AWARdfD a, Typed Name of Auth i d Representativ b. Title c, Telephona numher GARY ,TACKS�rJ�N� CI'�MANA R 817-Si1-6191 d. Signature otAu orize� Represent v /` / / ; _ e. �ate Signed � � � �Y/ � ` '+ � ,`�! ` [1~ � l '� � �'� ..; � � , 1, L .,;�.�„�� Previous Editions Nof Usable � / �o+in�� a r 3�M'i 7�-PA �y}Q , 9-88) Au�horized for Lacal Reproduction ���f�'"3� '�•�-� ':4 c�rw1,� �;,�,:uia; A-iU2 �77,7i$ .00 .00 .OD b. NO .00 ` , ,' . L �r �i/� f �f U.S.�EPAR7MENTflFT1�RNSPORTATION FE�ERAIAVIATlONADMIIVf57RATION PART II ��OJECT APPROVAL IN�O�MA���N S�CYION A Item 1 Does this assistance request req�ire State, local, Nam� of Governing Body regional, or other priority rafing? Priariiy ❑Y�s �No ltem 2. Does this assistance request require State, lacal Name of Agency or Board advisory, educational ar hea[fh clearances7 (Attach Documentation) ❑Yes �No Item 3 Does k�is assistance request require clearingf�ouse r�view (Attach Comments) in accordance with OMB Circular A-95? �Yes ❑No Item 4 �nes fhis assistance request require State, Iocal, IVame of Approving Agency NCTCOG regional or other planning appro�al? Date �Yes ❑No ' ltem 5. Is the propased proJect co�ered by arz approved comprehens9ve pfan? Item 6. Will the assistanc� requested serve a Federal installation? Check One: 5tate ❑ Local ❑ Regianal ❑ ❑Yes �No L.acation of plan Name of �ecferal Insfalfafion Federal Populatian �enefiting frnm Project DYes �Na Iterr� 7 Will the assistance requested be on Federal land Name af Fetlera! lnstaElafion or installation? Location of Federal E�and ❑Yes �No Percent of Project � Ifem 8 WiU fhe assistance rec�uestEcf have an impact or effect on fhe env9ronment? ❑Yes �No Item 9. Will the assistance requesfed cause #he displar�ment of individuaEs, farnilies, businesses, orfarms? ❑Yes �No Item 10. !s there other related Federal assistance on this praject previous, pending, or anficipated? ❑Yes �No �P,A Form 5100-1a0 (6-73} SUPERSEaES FAR FORN{ 514U-10 PAG�S 1 TIiRU 7� IVumber of: Indi�iduals Families $usinesses Farms .. if11.; :Y �j OMB N0. 80-l�0184 , - -- ; . � � �, � ��� Y� .. Pa�ie 2 � c� U.S. �EPARiMENT OF TR,4IVSPOFtTATtON FE[lER.4L AVIA710N AOMINISTRATIpN OMB N0. 80-RQ18A PART II -- SECTION C The Sponsor hereby represents and certifies as failows: 1. Compatible Land EJse. — The Spansor has taken the following actians to assure compatible usage af land adjacent to or in the vic�nity of the airport: THE CTTY Qk' FORT WORTH HAS ADOPT�D ORDINANCE NO. IOI21, DATED JUNE 2,1988, �NTITLED F"�RT WORTH ALL�ANCE ATRPORT ZONYNG OVERLAY DISTRICT, RELATED TO HEIGHT AND LAND USE ZONING. 2. Qefaults. —The Sponsar is nat in default on any o�ligation to the l7nited States or any age�cy of the United States Go�ernme�t relative to the de�elopment, nperation, ar maintenance of any airport, except as stated hefewith: 3. Possible Disa�ilities, -- There are no facts ar circumstances (including the existence of effiecti►►e ar proposed leases, use agreements or ather legal instruments af�ecting use of the Airport or the existence of pending li�igation or other legal proceedings) wi�ich in reasonable probability might make it impassible far the Sponsnr to carry out and complete th� Proj�ct or carry out the provisio�s of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as fo{lows: 4. Land. —(a) �he sponsor hoids the following property inierest in #he fo�lowing areas of land'" which are ta be developed or used as part of or in connection with the Airpo�t subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforemen�ioned property map designated as �xhibit "A": *Sfate characfer of properiy interest rn each area and �isf and rdenfify for each a!! exceptions, �nrumbrances. _ and adverse interesfs af every kind and nafure, including l�ens, easements, leases, eic, The. s���a#� ,a�e,�� .,,��:,li.,, �' of land need only 6e iderrfifred here by the area numbers shown on the praperty map. "-+. �� �� ��� .,�: � FAA Form 51UD-100 �a.�s� � � i � �� ��t� ,,''�,y�' .• � 9�7�9�.� � � .��a � �' ,I 1 U,S. D@PARTMENT OF 7RANSPORTATlON FE�ERAI. AVIATION A�MINISTRR7ION OMB NO. &0-RQ1B4 . PART II — SECTION C (Cantinued} The Sponsor further certifies that the above is based on a title examinatinn by a qualified attorney or title cvrripany and that such attorney or tit�e company has determined ihat the Sponsor halds the above property interests. (ajThe Sponsor will acquir� within a reasonable time, but in any eveflt prior fo the start af any cansfrucfion work under the Project, the following praper�y interest in the following areas of land* an which such constructjon work is to be pertflrmed, all of which areas are identified or� the aforemention�d property map designated as Exhibit "A": . FEE SIMPLE TITLE TO PARCEL H-10 (c}ihe Sponsor will acqui�e within a reasonab[e time, and if feasible p�ior to the completion of all cor�structior� work under the Praject, the followir�g praperty interest in the follawing areas of land�` which are to be developed or used as part of or in connection with ihe Airport as it will be upon completion af the Project, all of which areas are identified an the aforementioned property map designated as Exhibit "A": 5. Exclusive Rights. — i�efe is no gran� of an exclusive right for the conduct ofi any aeronautica[ activity af any airport owned or contro[ied by the Sponsor except as follows: NONE *State character of property infer�s� in �ach area and list and identify for each all exceptions, encumbranees, arrd adverse interests of every kind and nafure, irrcluding liens, easements, feases, eic. The separate areas of lar�d rreed only be idenirfied here by fhe area numbers shown on fhe property map. � _.�- i. . -: 1 '��' �e c FAA Form 5100-900 �a-�sf 1���_ ���.�.��� 1 „r �� : . . -- _ . �' � U.S. p�PARTM6NT DF TRANSPORTATION FEdERAL AViATIOH AtiMINI5TRA71DN PART ill— BUDCET [N�ORMA�[ON - CONSTRUCTION SECTION A - G�N�RAL 1. Federal Domestic Assistance CataEog Na . . . . . . . . . . . . . . .. . . . OMB NO. 80-RO'i84 2. F'unctional or Other Breakout• . . . . . . . . . . . . . . . . . . . . . . . . .. . . S�CYI�fV �- CAL.CULATION Q� IF�DERF►L GR�#NT Use only for revisions Cost CiassiHcafion Latest Approved Adjustment Amount + ar (-) I1. Administrafion Expense 2. Preliminary Expense $ $ 3. L.and, structures, right-of-way �4, Architecturai engineering basic fees 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation �xpenses 9. Relocation paymenks to individuafs and businesses 10. Qemolition and removal 11. Construction and project impravement 12. Equ9pment 13, Miscellaneous 14. Totaf (Lines 1 through 13) 15. Estimated Incame (if applicable) 16. Net Project Amount (Line 1h minus 15) 17, Less; lneligible Exclusions �$. Add: Contingencies 19. Total Projec# Amt. (Excluding Rehabiliiatian Grants) 20. Federal Share requested of Line 19 I21. Add Rehabilitation Grants Requesfed (100 p�rcen#) � 22. Tatal Fetleral grant requested (Lines 20 & 21) 23. Grantee share 24. Other shares 25. �otal project (Lines 22, 23, & 24) �AA Form 5100-1oD (8-73) SUPERSED�S FAA FORN4 5i00-1 o PAGES 1 THRU 7 Total Amount Required � �oa,00a 4„6��,'��$ 1 I �,777,77� �4,777,778 4,�77,��$ 4,300,aao 1 k � 4,300,�40 4,7i'7,778 � �_ � �, .���� ;�: „� .�� ' ���l;l, 54f 'J I" �� Ir+ � I�1 �� � ...���, ��� � : . '�� � . = r U.S. �EPARTM�NT QF TRANSPpRTATIpM FEDERAL AVIATION A�MINISTRA710N OMS N0.80,R61B4 1 SECTION C - �XCLUSIDNS zs a. I b.. I c. G d. e. f. I g. Classiftcation S Ineligible for Pariicipation (1] b Excludad from Gontingency Provision (2) Totals S�CTIOIV D-�'R�POSED hA�THO� OF FINANCING NON-F�DERAL SHARE 27. Grantee 5�are $ a. 5ecu rities b. Moftgages c. Appropriatians (By Applicant) d. Bonds e, Tax Levies f, Non Cash g .Other (Explain) h .TQTAL -- Grantee share 28. Qther Shares a. State h. Othar c. Total Oth�r Shares 28. TOTAL � S�CTION I� - R�MARKS GRANTEE SHAf�� IS PROVID�D �'HROUGM VALU� OF �ONATE� �AND 4�' 1,�!$ 1 1 I 477,i'78 4�i,ii8 $ �77,778 PARi lV PROGRAM NARRATIV� (Attach w See [nstructionsy k FAFS Fom15700-100 �B-73j SUPERSEb�S �AA FORM 51UU-i0 PAGES 1 THRU 7 - _ ,�P}AG� S FAA F�C:+.3�� , . i.. I� � Ilf'��� ��. ! , .: II � �� d ' i �� �� �-� '",� I„��, ��n'J.'t , .� ',;� w"�+ � :ll "}, �: , PART IV PR�GR�IVI 1�iARRATNE PROJECT: WEST CARGO TAXIWAY PHASE I � AIRP�RT: ALLIANCE AIRPORT L Objective: • Thc purpose of this project is to provide a cargo apron and associa�ed connecting taxiways to Runway 16R-�34L for the sauthwest side of Alliance Airport. The loea! share of fund.ing will come firam the value of land donated for the airport. The value of the land desi�nated has been approved �y the FAA. 2. Benef ts A.nticipated: 3. Approach: (See approved 5cope of Work in final Application) 4. Geographic Location: Nortih Fort Wo�-t� and Tarrant County . '�. Jvstifica#ion for Force Account yVo�rk: (if applicable) 6: Sponsor's Representative: (incl. address & tel. no.) [. � • � �a� ,{�� ��� . ��..��.�'1��� � �� 'r�,�I 'I � . �� ��' �"-:p���-,� . �� � � - � ',� � SPONSOR CERTIFICATTON FOR SELECTIOI� OF CONSULTANTS C'rty oS�'ort Worth, Texas Spansor's l�ame West CargolTaxiway - Phase II Project Description Alliance Airpart Airport Aftachment 1 Project Nvmber Section 47105 (d) af Title 49, U.S.C, Suhtifle VII, Part B{P.L.103-2�2, as amended}, authorizes the Secretary to require certifcation from sQonsars that they will comply with statutory and administrative requirements. The follawing list af cerfi�ed itema includes major reqairements for this aspecE of project i�plernentation. However, the list is nnt comprehensive, nar does it relieve sponsors %rm fully complyiag with a!1 applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a"na" response mnst be fully explained in an aftachment ta this cer#ification. If the item is not app[icable to this project, �nark the item "1�IA". General procurement standards for consultant sarvices wiihin Federal grani programs are described in 49 CFR 18.36. Sponsors•may Use other qualifications-6ased proeedures provided they are equivalent to specific standards in 49 C�'R 1$ and Advisory Circ�elar 150I5i00-14. 1. Advertisements were piaced to ensure fair and open competition t'ram a wida area af interest. 2. For eontracts over $25,Of1D, consultants wece selected using competitive proeedures based on qualifrcations, experience, and disad�anfaged husiness enterprisa requirements with the fee deter�nined through negotiafion. 3. An independent cost analysis was perfnrmed, and a record of negotiaiians lias baen prepared reflecti�g the consideratinns involved in the establishment of fees. 4. If engineering or other services are #o be peri'orroed by sponsor force accoant person�el, prior ap�reval was o6tained from FAA. 5. The eonsultanf services contracts clearly establish fhe scope of wark and del'tt�eate the division of responsibilifies between alI parties engaged in carryiag aut elements oithe pro,jeet. 6. Cnsts associated with work ineligi6le for A,� funding are clearly identificd and separated from eligihle items. 7. All rtsandatAry contract pravisio�s for granf-assistad cantracts have been included in all eonsultant serviees contracts. 8. If the contract is awarded without cQmpetition, pre-award review anci approv�l was obtained from FAA. 9. Cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards were not used, 10, I�'the aervices being procured cover more than the single grant prajeet referenced in this certification, the scope af work was specifically described in the advertisemeat, and future work will not be init�atad beyond three years. I certify that, for ihe � correct aud complefe. Sfgned: Gary dacksan, City Manager "I'yped Name and T'rtle of 5ponsor's Representative SE� ADO-Form C7 Page 18 / . . Uated: e � �- �p • �� _ I' _ ;� _il����.: Ui;s� �I�'' � L� `' ,.�,i� i , �..��:r�. :���` �f�i�� ���;�`, .:'� �:R �'.+�;�,�f�,, . Yes� Na❑ 1VIA❑ 'Yes� No❑ 1�IIA❑ Yes� i�To❑ N/A❑ Yes❑ No❑ N/A� Yes� No❑ N/A❑ Yes� No❑ NIA❑ Yes� No❑ N/A❑ Yes❑ Nn❑ NIA� Yes� l�io❑ NIAD Yes❑ No❑ NIA� identi�ied herein, the responses io #he far'going items are correct r�s marked, and that the atfacl�men�s, if xny, are SPONSOR CER'I'IFIGA'I'ION FOR PRO.IECT PLANS AND Sl'ECIFICAT'ION5 City of Fort Wprth, 'I'exas Sponsor's 1�'ame West CargolTaxiway - Phase II Projact Description � ALIiance Airporf Airport Attachmenf 2 Project Number Section �47i05 (d) of Title 49, U.S.C, Sabtitle VII, I'art B(P.L.103-272, as amended), authorizes the Secretary fo require certi�eation from sponsors that they will comply with staiufnry and administrat�ve requirements. 'I'he following list af certified items sncludes snajor requirements far this aspect of project imglementatinn, Howe�er, tlie list is not comprehensi�e, nor does it reiieva sp+onsars form fully compiying with all applicable statutory and administrative standards. Every certif ed item mt�st be marked. Each certifred item with a"no" response must be fully explained in an attaehmagt Eo this certification. If the itern is nof applicable ta this project, mark the ifem "NIA". General AIP standards are described in Advisory Circular 15015700-6, 150/5lOQ-15, and 150151D0-16. A list oFcurrent advisory circular with specific standards for design ar constructian of r�irports and procurement ar instaflation of airport equi��neni and faciiitfes is referenced in Grant Assuranee 34. 1. The plans and speci�cations were developed in accordance with all applicable Fedaral standards and Yes� No❑ NIA❑ requirements, and no deviation from or modificatian to sfandards set forth in the advisory cireular (was) (witl he) necessary other than those previously approved �y FAA.. 2. Speci�cations for Yhe procurement of equipment are nof proprietary or written so as ta restrict competition. At least two manufactarers can meet the specificatian, 3. The development included in the plans is depicied on an airport layout plan appraved by FAA. 4. Development wiiich is ineligible for AIP funding has baen amitted from the plans and specifieations, or included on a separaie bid schedu1c. 5. Process control and accep#ance Yests required for the project by staodarda contained in A.dvisnty Circular I50/5370-10 are inciudad i� the project specilicafions. G. If a value engineering elause is incorporated into the confract, concurrence was obtained from IS'AA,. 7. The pIans and specifications 'rncorporate appticable requirements and recommendations set forth in Federally- approvad envir4nmental finding. Yes� Na❑ NIA❑ Yes� No❑ N/A❑ 7Ces� No❑ NIA❑ Yes� No❑ HIA❑ Yes❑ No❑ NIA� Yes� Na❑ N/A❑ S. For construction activities within or near aircraft aperational sreas, the requirements contained in Advisory Yes� No❑ NIA❑ Circular ISU15370-z have been discassed with FAA and incorporated into the speei�cafions. A safefylphasing plan has bean prepared, the �`AA concurrence (has been) {will be) obtained, if required, ' 9. The project will be physically compieted withaut Federal participation in casts due to errors ar omissions in the Yes� 1Vo❑ 1�ilA❑ plans and speei�eations which were fnreseeable at the time of project design. � certify that, far the prolect iden ' d herein e respons o the forgoing items are correct as marked, and fhat the attachments, if aay, are correct and camp e. 5egned: � �i1', Dated: �- �� , o�- � S�onsor's Authori c ei taHve Gary Jackson, City Manage� Typed l�amc and Title of Sponsor's Representative 5'EA ADO-Farm C7 Page I9 I' Il f r�yt� ����u ti� ��Li� �� �ti � � '� (ra�'!� �rf�cr�r� ih;?�-R�y � i � ; `�� �� � ����. � 5PON50R CERTII7CATIOP�1 FOR REAL PROP�RTX A,CQUI5IT101�I City of �'ort Worth Sponsor's 1lame West CargolTaxiway - Phase II Project nascription Alliance Airport Airport Attachment 4 Pro,ject Number $ection 47i05 (d) of'I'itle 49, II.S.C, SubHtle VII, Part B(P.L.103-272, as amended), authorizes the Secretary ta reguire certifieatian from sponsors that they will comply with statufory and administrative requirements. The k'ollowiag list vf ceriified iterns includes ma,jor requirements for this aspeci oSproject implementetion. However, the list is not comprehenaive, nor does i! relieve spansnrs form falfy complying with a11 appiicable state�tary and administrative stendards. Every certifed item mus# 6e marked. Each eertiTied item with a"no" response must be fnlly explained in an attachment to this certification. if the ite�n is nat applicahlc to this project, mark t6e item "N/A". General requirements an rexl properry acquisition and relocation assistance are in 49 CFR 24. The praject Grant Agreement contains spec9Tic requirements and ass�rances on the YJnEtorm Reloeaiion Assistance and Rea] Property Acquisition Pnlicies Act of 1970, as amencied {ilniform Act). 1. Cpad and sufticient titie is held un progeriy in the project. '1'he sponsar's attorney or other afficisl has pregared and has on yes� No❑ NIA❑ file titie evidence on the property. 2. If defecEs andlnr eneumbranees exist in the title which adversely impact the sponsor's iutenc3ed use oF praperty in tE�e project, Yes� No❑ NIA❑ they have 6een extinguished, madified, or subnrdinated. 3. If property for airport develapneent is leased, the Yerm is for 2D years or the usefui life of the project. The lessor i§ a gublic ageney and the Iease contains na provisious which prevent full comp6ance with fhe grant sgreemenL 4. Property ire the project is in conformsnee wiih the e�rrent �xhibit A(property map). The property map is based on deer�s, title oginions, land surveys, the approved airpark layaut plan, and project dacamentation. S. Far any acquisition of property interest in naisc sensirive apprnacli zones and related areas, property lnterest was abtained to ensure land is used for purpased compati6le with noise levels associated wifh aperation of the airport. Yes❑ No❑ ATIA� Yes� 1Vo❑ 1�/A0 Yes� No❑ N/A❑ 6. For any atquisitian oi property interest in runway ptoYeeHnn znnes and areas related tn FAR Part 77 surfaces, property Yes� No❑ N/A❑ interest was obt�ined for the right of il[ght and right of ingress and egress to remove nbstructions. Interest was abtained fnr the right to restrici the.establishment oFiuture obstruet�ans. 7, Apgraisals inciude valuaiion dafa ta esiimate the current market �atue far the property inierest �cquired on each parcel and 'Yes� No❑ NIA❑ were prepared 6y qualified real estate Appraisers hired by the sponsor. An appariunity was pravided the praperfy awner or re}�resentative ta aecompany appraisers during inspecHons. 8. Each apgraisal has been rewicwed by a qualified rev9ew apgraiser to recommend an amount far the offer of jus4 compensation. The written appraisals and re�iew appraisal are available to TAA for review. 9. A written aSier to acquire each parcel was presented to the praperty owner fvr nnt less than ihe approved amaunt of just cnmpensation. 10. Effurt was made to acquire eac� property through negotiation with no cacrci�e action to indace agree�nent. If uegoiiatian was successful, project 61es contain s�pporting documents for setflements. Yes� 1Vo❑ N/A❑ Yes� Nn❑ N/A❑ Yes� Na❑ 1VIA❑ il. If a negodated settiement is not reached, candemnation wss initieted and a cnurt deposit noc less tf�an the just compensation yes� No❑ NIA❑ was made priqr to passession of khe praperty. Pro,ject files contain supparting documents for awards. 12. If dispIacement at persons, hasinesses, farm operations, or nanpra�it organizations is involved, a relocarion assistance progra�n }vas esfehlished. Displaced persons recefved general ir�farmation on the relacation program in writing, nntice of relocatian eligibility, and � 90-day notice to vaca#e. 13. Reloraition assistance services, camparable replacement housing, and payment o#' necessary relocation expenses wer.e provided rvithin a reasonahie time period For each displaced oecupanf in accordance with the Uniform Act. Yes� No❑ N/A❑ Yes� No❑ N/A❑ I certify that, for the proje ide ti£ied he �, the respons t fhe forg ' ' em e correct as marked, snd that the attachments, if any, are correct and complete. p� Signed: �v/s� , � Dated: �� d`a ' p� Sp;6nsor's Author➢ze�Representa ' e . '� Gary Jackson, Cik,y Mana�er � Typed Name and Title of 5punsor's Represenfative SEA ADO-Far►n C7 Page 2I 1,��'4IIIN�i��t � � F � � i� � � '+���1 � i '� ;�I� � ,�'l 4+r 1�( fl ,'�s r � �F���n � r STANDARD DOT TITLE V� ASSUR.ANCES The Citv of Fort Wort�, Texas (hereinafter referred to as the Sponsor} hereby agrees that as a condition to receiving Federal fntantial assistance frontx tl�e Depariment of Transpartation (DOT), it will com}�ly with Title VI of fhe Civil Rigl�ts Act of i964 (4� U.S.C. �OUOd et se .) and ali requirements imposed by 49 CFR Part 21, Nondiscrimination in �'ederally Assisted Programs o� tl�e Depart�aaent of Transpartation -- Effectuation of Title VI of the Civil Ritghts Act af 1964 (herei�after referred to as t�e "Regu�ations") to the end that uo persou in the United States �hall, on the ground of race, color, or natianal origin, be excluded from participation in, be denied the benefi�s of, nr be otherwise subjected to discriminatian under any program nr activrty for whir.h the applicant receives Federal f�nancial assistance and will tmmediately take an� �neasures necessary to effectuate this agre�ment. Witho�t limi�in� the above generaf assuranee, the Sponsor agrees concerning this grant that: 1. Ea�ch "program" and "facility" (as defined in Secti�n 21.�3(a) and 21.23(b)) will be conducfed or aperated in com�Iiance with all requirennents of t�e Regulations, 2. �t will insert tl�e cEauses of Attachmeut 1 of �his assurance in evety contract subject to fhe Act aud the Regula.tions. 3. Where Federal financial assistance is reeeived to construct a faciliiy, or parfi of a£acility, the assuranee shall extend to the entire faeility and faciIities opera�ed in connection therewith. 4. Where Federal financial assistance is in the form ar for ti�e acq�tisition af real properiy or an interest in real pwoperty, fhe assurance shall extend to rights to space an, over, or under such property. �. Tt wili include the appropria�e cEauses set forth in Attach�nent 2 of this assurance, as a covenanf running with the land, in any future deeci�, leases, permits, licenses, and simiEar agreements entered into 6y the Sponsor with other parties: (a} for #he subsequent transfer af real praperty acquired or improved with Federal financial assistance under this projec�; and (b) for the coustruction or use of or aecess to space on, over, or under resi property acquired or improved with Federal �nancial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal iinancial assistance is extended ta the progr�m, except where the Federal financial assistance is to provide, or is in the for� of personal praper[y or real property nr interest #herei�n or structures ar improvements thereon, in which case the assurance obligates the Sponsor or any tra�sferee for the longer of t[�e followxng periods: (a) the period during which the praperty is used for a purpose for which Federal financial assistance is extended, or for another purpase invo[ving the pravxsion n� similar services or benefits; or (b) the period during whic� the Sponsor retains ownershi� or possessfon of the properiy. '�. It will provide far such methods of administration for th� pro�ram as are fQund �by the Secreiary of transporiation of the of�cial to whom he delegatea specific authoriiy to �ive reasonable guarantees that it, otb�er sponsors, s�bgrantees, contractors, subcontractars, #ransferees, sueeessors in interest, and other participants of Federal financial assistance under such program will comply with all req�iremeats im�rosed or pursuant to the act, the Regulation�s, and �his assurance. " 1�'�` '� i � �!I^JM�.� :�., � r � � t 8. It agrees that the United States E�as a right to seek judicial enforcement with regard to any ma�fer arising under the Act, the Regn[afions, and this as5urance. TFIIS ASSUItANCE is given in coasidera#ion of and for the �urpose of obtaining Federal �inancial assistance for this Project and is binding on its contracfinrs, t1�e �ponsor, subcontractors, transferees, successors in interest and ather participants in the Project. The person or persons whase signatures appear belaw are authorized ta sign this assurance an behalf oi the S�onsor. DATED �-,°�� •- fJ�-. �� ( �1 � /ar-� Lcl/J ��f7 � ` {Sponsor) i � � ignat�re o Authorized O icial) i ��.i ._�_ t . -,_;I�ys�i'�I �,'� Vileyr u b �.1,4'-_'I-"�� ��,�. �.y, � ���'�t' {'' I; , . assuRaNc�s Airpflrt Sponsors A. General. 'I. These assurances shall be camp{ied with in the performance of grant agreements for airport de�eloprnent, airport plar�ning, and noise compatibility program grants far airport s�onsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting fiunds under the provisions ofi Title 49, U.S.C., subtitle Vlf, as amended. As used herein, the term "public agency 5ponsor" means a public agency with car�trol of a public-use airpork; the t�rm "pri�ate sponsar" means a private owner of a public-use airpart; and the term "sponsor" includes bot� public agency sponsors and private sponsors. 3. Upon acce�tance ofi the grant offer by the �ponsor, these assurances are incorporated in and become part of the grant agreement. B. Dura�ion and App[icability. 1. Airport de�elo�r►�ent or Noise Com�atihility Program Projects Undertabsen by a public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facifities developed or equipment acq�ired for ar� airport develapment or noise compatibility program project, or throughout the usefuE life of the project items install�d within a facility under a noise compati�ility pragram project, but in any ev�nt nat to �xceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, t�ere sha[I be no limit on the duratio� of the assurances r�garding Exclusive Rights and Airport Revenue so long as fhe airport is used as an airport. There shail be no limit on the duration of the terms, cond9tions, and assurances with respect ta real property acquired wiih federal funds. �urthermore, the duration of the Civil R9ghts assurance shall be specified in the assurances. 2. Airport Aeuelopment or Noise Compatii�ility Projects Underta�sen by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful [ife of project iterns i�stalEed wikhin a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibiliiy program praject shall be na less than ten ('[0) years from the date ofi acceptance of.Federal aid for the project. Airport Planning Undeetaken by a Sponsor. Unless atherwise specified in the grant agreement, onlyAssurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, condit9ons, and assurances oF the grant agreemeni sl�all remain in fufl force and efFect during the life of the projecfi. C. Sponsor Certification. The spansor hereby assures and certifies, with respect to this g�ant that: 1. General Federal Requirements. It will compjy wikh al1 applicabie Federal laws, r�guEations, executiv� orders, policies, guidelines, and requirements as they relate fo the application, acceptance and use of Federal funds for this praject inciuding but not limited to the foilowing: �edepal Legislation a. Title 49, �.S.C., subtitle VII, as amended. b. Da�is-Becnn Act-40 U,S.C, 276(a), etse�,' c. Federal Fair l.a�or Standards Act - 29 U.S.C. 201, e# sea• Appendix 1 .. , , � , , ., . Airport Assurances (9I99j � . ' � �;, � ',��( u " �� � , . "� „ e. � h. i. J• k. I. m. n. o. p� q• r. 5. t. v. w x. Hatch Act - 5 U,S,C. 1501, et sea•z Unifiorm Relacation Assisfance and Real Property Acquisition Policies Act af 1970 Tikie 42 U.S.C. 4609, et,� seq.i z National Historic Preser�ation Act of 1966 - Section 1�6 -18 U.S.C. 470(f}.1 � Archeologica! and Historic Preservafion Act af 1974 -16 �,S.C. 469 #hrough 469c.' Native Americans Grave Repatriaiian Act - 25 1J.5.C. Section 3001, et sea. Clean Air Act, �.L. 90-1�48, as amended. Coastal Zone Management Act, P.L.. 93-2a5, as amended. Flaod Disaster Protectian Act of 1973 - Sectiqn 1D2(a) -42 U,S.G. 4012a � Title 49 ,U.S.C., Section 303, (fo�merly known as 5ection 4(f}) Rehabilitation Act of 1973 - 29 U.S.C. 794. Civil Rights Act of 1964 - Title Vl -�2 U.S.C. 2000d through d-4. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et se . American lndian Religious Freedam Act, P.L. 95-341, as amended. Ar�hitectural Barriers Act of 1968 -42 U.S.G. 4159, ek sea• � Power plant and lndustrial Fuel Use Act of 1978 - Sectian 403- 2 U.S.C. 8373.i Contract Work Hours and Safety 5tandards Act - 40 U.S.C. 327, et_ seq.� Copeiand Antikickback Act -18 U.S.C. 874.� I�ational Enviranmental Policy Act af 1969 - 42 U.S.C. 4321, et seq.� Wild and Scenic Rivers Act, P. L. 90-542, as amended. Single Audit Act t�f 1984 - 31 U.S.C. 7501, et S�q,2 Drug-Free Workplace Act of 3988 - 41 �.S.C. 7D2 through 706. Executi�e Orders �xecuti�e Order 'k 1246 - Equal Employment Opportunity� �xecutive Order 11990 - Protectian of Wetlands Executi�e Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Revi�w of �ederal Programs. Executive Order 12699 - Seisrrtic Safety of Federal and FederaEfy Assisted New Building Construction� �xecuti�e Order 12898 - En�ironmental Justice �ederal Regu�atinns a. 14 CFR Part 13 - Investigative and �nforce�nent Procedures. b. 14 CFR Part 16 - Rules af Practice For Federally Assis#ed Air�ort Enforcement Praceedings. c. 14 CFR Part 15Q - Airport noise compatibility planning. d. 29 C�R Part 1- Procedures for predetermination flf wage rates.� e. 29 CFR Pari 3- Contractors and subcontractors on public building ar public work financed in whole ar part by loans or grants from the United 5tates.' f. 29 CFR Part 5- Labar standards �rovisions ap�licable to coniracis covering federally financed and assisted constructian (also labor standards prorrisions applicable to non-construction contracts subject t� the Contract Work Haurs and Safety Standards Act).� g. 41 CFR Park 6� - �ffice gf Federal Contract Campliance Programs, �quaf Employment Op�ortunity, Department of Labor (Federal and federally assisted contracting requirements).� • h.. 49 CFR Part 18 - Unifo�m administrafive requirements for grants and cooperative agreements to state and loeal governments.3 Airport Assurances (9199) 2 f�il�. r Appendix 1 �, � i. 49 CFR Park 20 - iVew restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuatian of Title Vl of the Civil Rights Act af � 9fi4. k. 49 GFR Part 23 - F'articipation by Disadvantage Business Enterprise in Airport Conc�ssions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisi#ion for Federal and Federally assisted programs.12 m. 49 CFR Part 26 — Participation By Disadr�antaged Business Enterprises in Departrneni of Transportation Programs. m. �19 C�f� Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.l n. 49 CFR Part 27 - Nondiscrimir�ation on the basis of handicap in pragrams and activities receiving or benefiting from �ederal financial assistance.� o. 49 C�R Part 29 — Gpvernment wide debarment and suspensian (Ran- procurement) and govemment wid� raquirements for drug-free workplace (grants). p. 49 CFR Part 30 - Deniai of public works contraets to suppliers of goods ar�d services Qf countries that deny procurement market access ta U.S. contractors. q. 49 CFR Par� 41 - Seismic safety of Federal a�d federally assisted or regulated new building consfructian.� Office af 1Vl�anagement and Budgat Circulaps a. A-87 — Cost �'rinciples Applicabke to Grants and Contracts with 5tate and Local Governments. b. A-133 - Audits of States, Local Go�ernments, and Non-�rofit Organizatians ' These laws do not apply to airport planning sponsors. . 2 These laws do not apply to priwate sponsors. 3�49 CFR Par# 18 and (3MB Circ�lar A-87 contain requiremenks for State and Local Gavernments receiving Federal assisiance. Any requirement le�ied upon State and Local Governments by ihis regulation and circular shall al�o be appiicable to private sponsors receiving Federal assistance under Titfe 49, United 5tates Code. �. Specific assurances r�quired to be included in grant agre�rnents by any a# the abo�e laws, reg�lations or circulars are incorporated by reference in the grant agreemen#, ResPonsibility ar�d Aufho�ity of the Sponsar. a. � AirportAssurances (9199) Puhl€c Agency Sponsor: It i�as legal authority ta apply for thE grant, and to finance and carry aut the proposed project; that a resolUtion, matian or similar action has been duly adopted or passed as an official act of ti�e applicant's go�erning body a�thorizing the filing vf the a�plicatian, including all understandings and assurances contained therein, and directing and authorizing the person identified as th� official representative af the applicant to act in connection wi#h the applicatian and to provide such additional information as may be required. �ri�ate Sponsor: ft has legal authority to apply for the grar�t and to finance and carry out the proposed pro�ect and comply with all terms, conciitions, ar�d assurances of this grant agreement. It shall designate an afficial representa#iv� and shali i� writing direct and authorize that person to file this appljcation, including all understandings and assurances containeci therein; to act in connection with this application; and to pro�ide such additional informatian as may be requ9red. — 3 . ; Appendix 1 �:-u�ii F �i �. 3. Sponsor Fund A�ailability. It has sufficient funds available for that partian of the �roject costs wt�EcF� are not to be paid by the United States. It has sufficient fiunds available to assure operation and maintenance o� items funded under the geant agreement which it will own or control. 4. Goad Title. a. It, a public agency or the Federal gavernmenf, holds good title, satisfactary to the Secretary, to the landing area of the airpo�t or site thereof, ar will gi�e assurance satisfactory ta the Secretary that gaod title will be acquired. b, For noisa compa�ibility program projects to be carried out on fihe prap�rty of the sponsor, it holds good title satisfaetory to the 5ecretary to that portion of the prop�rty upon whjch F'ederal funds will be expended or will give assurance to the Secretary that goad tit[e will be obtained. �. � preserving Rights and �owei�s. a. {t will not kake or permit any ac#ian whic� utirauld operate fo deprive it of a�y of the rights and powers necessary to per�orm any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the 5ecretary, and wiil act prompt[y ta acqU[re, extinguish or modify any outstanding rights or claims af right of otf�ers which wauld interfere with such perfdrmance by the sponsor. This shall be done in a manner acceptak�le ka the 5ecretary. It inrill not sell, lease, enc�mber, or otherwise transfer or dispose of any part nf its title or other interests in the properiy shawn an Exhibit A to this application ar, for a noise compatibility program project, that partion of the property upon which Federal funds have been expended, far #he duration of the terms, conditions, and assurances in the grant agreement wikhout approval by the 5ecretary. If the iransferee is found by fhe Secretary to be eiigible under Title 49, United 5tates Cade, io assume the ob]igations qf the grant agreement and to have the power, autharity, and financ[al resources to carry out all such obligations, the spansor shali insert in the con#ract or document transferring or disposing of the sponsor's interest, and make binding upon the fransferee all of fhe terms, conditions, and assurances contained in this grant agreement. c. For all noise cnmpati�ility program projects which are �a be carried out by annther unit of local government or are pn property owned by a unit of locaf govemment other than the sponsor, it will enter into an agreement with that government. Excepf as �therwise specifed by the 5ecretary, that agreement shall obligate that gavernment to #he same terms, conciitions, and assurances that would be applicable to if if it applied directly to t[�� FAA for a granf to under�ake the noise compaiibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It wi11 take st�ps to enforce this agre�ment against the local government if there is su�stantial non-complEance with the ferms of the agreemenf; Appendix � d. For noise compatibility program pr�jects to be carried out an �rivately owned proper�y, it will enter into an agreement with the owner of that proper�y which includes provisions specified by the Secr�tary. It wifl take steps to enforce this agreement against the prop�rty owner whenever there is substantial nan-compliance with the terms of the agreement. Airport Assurances (9199j �, �� j� r e. If the sponsor is a private sponsor, it will take steps satis'Factory to the Secretary to �nsure that the airpo�t will continue ta functian as a public-use airport in aceordance with these assUrances for the duration of khese assurances. If an arrangement is made for management and operation of the sirpor� by any ag�ncy or person ather than the spansor or an employe� of tf�e sponsor, i�e spansor will reserve sufficient rights and authority to insure that the airpart will be operated and maintained in accordance Title 49, lJnited Siates Code, the regulations a�d the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6, Consistency with Local �+lans. The project is reasonably consistent with plans {existing at the time of submission of this application) of public agencies that are authorized by the State in which the praject is located to plan for the develapment of the area surrounding the airport. Consideration oi Lacal Interes#. I� has given fair consideration to the inferest of communities in or nearwhere the p�oject rrTay be located. 8. Consultatian with Users. In rnaking a decision to unde�take any airport �e�elopment project under Titfe 49, United States Code, it has undertalcen reasonabfe con�ultations with affected par�ies using the airport at which project is prnposed. 9. Public Heaeings. In projects involving tF�e location of an airport, an airport runway, or a major runway extension, it has affarded the oppartunity for public hearings for the purpose af considering the economic, sacial, and environmental �f�ects of ti�e airport or runway locatior� and its consis#ency w�tE� goals and objectives af such plannin� as has been carried aut by the community and it shall, when requested by the 5�cretary, submi# a copy of the transcript of such hearings to #h� Secretary, Further, for such proj�cts, it has on its management board either �oting representation from the communiti�s where the project is lacated or has advised the cammunitaes that they have the right to peiition the Secretary concerning a pro�osed project. 'I�. Air and 1l4fate� Qua[ity Sfandards. In prajects invalving airport location, a major ruRway extension, ar runway location it will pravide for the Gavernor of th� state in which the project 9s focated to certify in writing to the Secretary that the proj�ct will be locatsd, desig�ed, constr�acfed, and operated so as to comply with applica�le air and water quali�y standards. In any case where such standards have not been ap�roved and where applicable air and water quaEity siar�dard5 have been promufgated by ti�e Administrator of the EnvironrrZenta[ Protection Agency, certification shall be obtain�d from such Administra#or. Natice of certification or refusal to certify shall b� provided�within �ixty days after the project applicakian has been received by the Secretary. 11. Pa�ement Preventir►e Maintenance. With respect to a project approved after January 1, 1995, for the replacement ar reconstruction of pavernent at the airport, it assures or certifies that it has implemenfed an effectirre airport pavernent maint�nance-management program and it ass�res that it wilf use such program for the useful life of any pavement cflnstrucfed, reconstructed or repaired with Federal financia[ assistance at tE�e sirport. It will provide such reports on pavement condition and parremen# management programs as the Secretary determines may be useful. � 12. Terminaf Deve[opment �rerequisites. For projects which inclu�e terminal development ak a public use airport, as defined i� Title 49, it has, on the date of submiftal of the project Appendix 1 �-�.,,•�I' , ; ,� � ��E Airpor�Assurances (9199) � � � � �I�u,�•.,L '� . . Il:�t� C s� i��, . grant application, all the safety equipment required for certifjcation of such airport under section 44706 of Title 49, l�nited States Code, and all the security e�uipmant required by rule ar regulation, and has pravided far access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning fram aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping iiequirements. - a. It sha[I keep all project accou�ts and recards which fully disclose the amount and disposition by the reci�ient of the proceeds of the grant, the kotal cost of the project in co�nectior� with which the grant is given or used, and the amount or nature of that portion of the eost af the project supplied by other sourc�s, and such Qfher financial records pertinent to the project. 7he accaunts and records shall be fcept in accordance witt� an accounting system that wili facilitate an efFective audit in accardance with the Sing�e Audik Act nf 1984. b. it shall make available to the Secreiary and the Comptroller General of the lJnited States, or any of their duly,authorized representatives, for the purpose of audit and examination, any books, docurrsents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require tE�at an ap�ropriate audit be conducted by a eecipient. ]n any case in which an independent audit is made of the accounts of a sponsor relating #a the disposition of tE�e proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such eudit with the Camptroller General of the United States not later than six (6) months follawing the close of the fisca� year far w�ich the audit was made. 14. Minimum Wage Rates. It shall include, in all contrac�s in excess of $2,Oaa for work on any proj�cts funded under the grant agreement which invol�e labor, provisions estabfishing minimum rates of wages, to be predetermined by fhe Secretary of Labor, in accordance with the Davis-Bacon Act, as amended {40 11.S.C. 276a-276a-5), which contractors shall pay ta skilled and unskilled labor, and such minimum rates shall be stated in the in�itafion for bids and shall be included in proposals nr bids for the work. 9�. Veteran's Peefeeence: It shall include in all contracts for wark on any project funded under the grant agreement which involve iabor, such provisions as are necessary to insure that, in the emplayment of labor (except in executive, administretive, and supervisory positions), pr�ference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Ti�le 49, Un9ted States Code. However, this preference shall apply only . where the individuals are available and qualified to perform the work to wh9ch the employment relates. 16. Confar�nity to Plans and Spec�fications. It wifl execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schadules shall be st�bmitted to the Secretary prio�- to commencement af site preparatian, canstruciion, or other performance under this grartt agreement, and, upan approval af the Secretary, shafl be incorporated into this grant agreement. Any modif�cativn to khe appraved pfans, specifications, a�td schedules shall afso be subject to appro�al of fihe Secre#ary, and incarporafed inta the grant agreement. Appendix 1 17. Construction Inspection and ApprovaL It will provid� and maintain competent technical supervision at the construction site throughout the projecf to assure that the work conforrns to the plans, sp�cificatior�s, and scheduies approved by the Secretary for the project. it shail subject the construction work on any project cantained in an appraved project application to ins�ection and appro�al by the Secretary and such work shall be in • �. ` . _.. _ . - ."� , , : . _' ..4 '. �Airpork Assurances(9199) � + accordance with regulations and proc�dures prescribed by the Secretary. Such regulations and pracedures shall require such cost and progress reporting by the sponsor or sponsars of such project as the Secretary shall deem necessary, 18. Planning Projects. In carrying ouf planning projects: a. lt wi11 �xecute the project in accordance with the approved program narrati�e contained in the project appfication or with khe modifications similarly appro�ed. b. It wili furnish the Secretary wit� such periodie r�ports as required pertaining to the planning p�-oject and planning work activities. c. It will include in all published materiel prepared in connecfion with the planning projec# a notice that tE�e materia{ was prepared under a grant prflvided by �he United States. It will make such materiaf a�ailable for examination by the p�ablic, and ag�ees that no material pr�pared with funds under this project shall be subject'ta copyright En th� United States or any other country. e. lfi will giv� the Secretary unrestrict�d authorify ta pub�ish, disclose, distribute, and otherwise use any of khe material prepared in connectian witn this grant. It will grant the Secretary fhe right to disapprave the sponsor's employmet�t oi specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost af professional services. It will grant the Secretary th� right to disapprove the use of the sponsor's employees to do all or any part of the project. h, It understands and agrees that the Seeretary's approval of this project grant or the Secretary's approval of any p3anning material developad as part of this gra�t daes not constifiute or imply any assurance or commitment on the part of the Secretary ta approve any pendEng or futur� application for a Federal airpart grant. 19. Operation and Niaintenance. a. The airport and all facilities which are necessary to serve the aeronauticak users of the airpart, other than facilities owned or contralled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with ti�e minimum standards as may be required or prescribed by applicable Federal, state and lacal agencies for maintenance and operation. It will not cause or permit any acti�ity or actian thereon which wauld interfere with its use for airport purposes. {t will suitably operate and maintain t�e airport and all fiacilities thereon or connected therewikh, with due regard ta climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the S�cretary. �n furtherance of this assurance, the spansor will have in effect arrangemen#s far- (1) Operating the airport's aeror�autieal facilities whenever required; (2} Pramptly marking ar�d lighting hazards resulting from airport conditions, including temporary conditions; and Appendix 1 Airport Assurances (9199) '] '�}��-'- -.;.,����;,!t'� I.. ,� � : . ;� (3) Promptly notifiying airmen of any condition affecting aeronaufical use of the airpor#. Nothing contained herein shall be canstrued to require that the airport be operated for aerona�atical [ase during temporary pe�iods when snow, flood or otY�er climatic conditions interfere with suci� aperation and maintenance. Further, nokhing herein shall be construed as requiring the maintenance, re�air, restoration, or replacement of any structure or facility whic� is substantially damaged or destroyed du� to an act af God or ather cnnditivn or circumstance beyond the control of the spor�sor. � lf wilf suitably operate and maintain noise cornpaiibility prograrn items that it owns or controls upon which Federa� funds have been expended. 20. Hazar�d Remo�al and iVlitigation. It wi[f take appropriate action to assure fhat such terrr�inal airspace as is r�quired to proi�ct insirument and visual operations fo the airport (including established minEmum flight aititudes) will be adequately cleared and pratected by removing, lowering, relocating, marking, or lighting o�- otherwise mitigating existing airport hazards and by preventi�g the estabfish�nent or creatian of fu#ure airport hazards. �1. Compatible Lar�d Use. li will take appropriate action, to the extent reasonable, includi�g t�e adaptian of zoning Eaws, to restrict the use of land adjacent to or in the immediate vicinity of the airpor� to acti�ities and purposes compatible wit� normal airport operations, including Eanding and takeofF of aircraft. In addiiion, if the projeet is for noise compati�ifiiy p�ogram implementatian, it will nat cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airpor�, of the noise campatibikity program meas�res upon which Federal funds have been expended. ��. �conomic Nondiscrimination. It will make the airport a�ailab�e as an airpor� for public use on reasonable terms and without unjust discriminatian to all types, kinds and classes of aeronautical acti�ities, includ9ng commercial aeronauticaE acti�ities offering services to �he public at the airpor#. b. ln any agreement, contract, lease, or other arrangement under which a right or pri�ilege at the airport is granfed to any person, firm, or carporatian to conduct or to engage in any aeranautical activi�y for furnishing services to the public at the airport, the spanspr will insert and enforce �rovisians requiring ihe cantractor to- .(e) furnish said services on a reasanable, ar�d not unjustly discriminatary, basis to all users thereof, and (2) eharge reasonable, and not unjustly discriminatory, prices for each unit ar service, pro�ided that the contractor may be allowed ta make reasanable and nondiscriminatary discounts, rebates, or other simifar types of price reduc�ions ta �oiume purchasers. c. 0 e, Each fix�d-based operatar at the airport shall be s�bject to the same rates, fees, rentals, and oiher charges as a�e uniformEy applicable to al1 other fixed-based operators makjng the same or simlla� t�ses ofi such airport a�d utilizing the same or similar facilities. Each air carrier using such airpori shal{ f�ave the right to service it�elf or to use any fixed-based aperator khat is authorized ar permitted by the airport to serve any air carri�r at such airport. Each air carri�r using such airport (wnether as a tenant, nontenant, or subtenant of another air carrier tenant) shall �e subject ta such nondiscriminatory and substantially comparable rules, regufations, Airport Assurances (9l99) � Appendix 9 � '4�Ir+ �.�_-_- . -_ 1 '�`1 I II� �I I \�%`� � .. , r . i � I Appendix 1 conditions, rates, fees, renkals, and other charges wikh respect to facilities directly and substanfiafly related to prQviding a�r transportation as are applicabl� to all such air carriers which make sirr�ilar use of s�uch airport and utiliz� similar facilities, subject ta reasonabie classifications such as tenanfs ar nontenants and signatory carriers and no�signatory carriers. Classification or stakus as fienant or signatory shall r�ot b� unreasonably with�eld by any airpor� provid�d an air carrier assvmes obligations substantially similar to those already impased on air carriers in such classification or status. It will not �x�rcise or grant any right ar privilege which aperates to prevent any person, firm, or corparation operating aircraft on the airport fram performing any services on its own aircraft with its own emp�oyees [including, but n�t fimited to maintenance, r�pair, and fueling] that it may chaose to perforrn. In the e�ent the sponsor ifself exercises any of fhe rights and privi[eges referred to in this assurance, fhe services in�olved will be provided on the same conditions as would apply ta the furnishing flf suc� services by commercial aeronautical service providers authorized by the sponsor under these provisions. The sponsor may es#ablish such reasana�le, and nof unjustly discriminatory, con�itions to be me# by all users of the airport as may be necessary for th� safe and efficient operatiar+ af the airport. 7he sponsor may prohibit or limit any given type, kind or class of aeronautical us� of the airport tf such acfion is nacessary for ihe safe operation of the airport or necessary #a serve the civil aviation needs of the public. �3. E�ccluspve Rights. li will perrrzit no exclusive right for the use of the airport by any person providing, or iniendir�g to pro�ide, aeronautical services ta the public. For purposes of this paragraph, the providing of ihe services at an air�ort by a single fixed-based aperator shall na� be construed as an excl�si�e right if both of the follawing apply: a. It wauld be unreasonably costiy, burder�some, or irnpractical for more than one fixed-based operator to provide such services, and �. If a[lowing more than one fiaced-based nperator to provide such s�rvices . woufd require #h� reduction af space leased pursuant fio an existing agr�sment b�tween such single fixed-based operakor and s�ach air�or�. It further agr�es that it will not, eifher directly or indirectly, gra�t or permii any person, firm, or corporation, th� exclusive right at the airpor� ta conduct any aeronautical activities, incl�ding, but nat lirnited to c�arter flights, piiot training, aircrafi rental and sighfseeing, aerial photography, crop dusfing, aerial adverkising and s�arveying, air carrier operations, aircraft sales and services, sale af aviativn petroleum prodtacts rnrhether or no# conducted in conjunction with other aeronautical activity, repair and maintenance of arrcraft, sale of aircraT# pa�ts, and any other acti�ities which because of their direct relatiQnship to khe operatian of aircraf� can be regarded as an aeronautical acti�ity, and that it wiil kerminate any exclusive right to eonduct an aeronautical activiky now existir�g at such an airport before the grant of any assistance under Title 49, United States Code. �4. �'ee anci Ren#al Sfructure, It wi[f maintain a fee and rental structure for the facilities and s�;rvices at the airport which will make the airport as seif-sustaining as possible under the circumstances existing at the par�icular airport, taking into account such factars as the volume of trafiFic and economy of coll�ction. No part of �he Federal share of an airport deveEopment, airport planning or noise compatibility project for which a grant is made under Title A9, United States Code, the Airport and Airway Impror�ement Act af 1982, th���d���-�----.�--- -- —_— Airport Act or the � � . -,. � �� � t( il'�;�f�I Airpnrt Assurances (9I89) � �� � �u�' 'a�� k`'i � �� Appendix 1 Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 2.�°i. Airport Revenues. a. All revenues generated by the a�rporC and any local faxes on a�iation fue! established after Qecembe� 30, 1987, will be expended by it fior the capital ar operating eosts of tY�e airpart; the lo�al airport system; ar other local facilities which are owne� or operated by fhe owner or operatar of the airport and which are directly and substantiaily related to the actual air transporfatian of passenge�-s or property; or for noise mitigation purposes on or off the airport. Provi�ed, however, fha� if covenants or assurances in debt obligatians issued be�ore Sepfember 3, 1982, by the owner or operator of the airport, or pro�isions enacted before September 3, 1982, in governing statutes contro�ling the owner or aperator`s financing, pr�vide for the �se af the revenues from any of the airport own�r or operator's facilities, including tl�e airport, to support not only the airpori but also the airport ow�er or operatar's general debt obligations ar other facilities, then this limitation on the use of all revenues generated �y the airport (and, in the case of a�ublic airpart, koca! taxes on aviation fuel) shall not apply. b. As part of fh� annua[ audit required under ihe Single Audit Act af '� 984, the sponsor will direct that fhe audit will review, and the resulting audit report will provide an opinian concerning, the use of airport re�enue and iaxes in paragraph (a), and indicafing whether f�nds paid or transferred to the owner or operator are paid or iransferred in a manner cansis#ent with Title 49, United States Code and any other applieable provision of law, {ncfuding any regulatian promulgat�d by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violafinn of this assurance in accordance with the provisions of Section 47107 of Title 49, United 5tates Code. �6. ReparEs anc� tnspections. It wil4: a. submit ko the Secretary such annual ar special financia� and operations reports as #he Secretary may reasonably request and make such reports available to the public; make availabia to th� public at reasonable firnes and places a repori of the airport budget in a format prescribe� by ihe Secretary; b. far airport development projects, malce the airpor� and al! a�rpork records and documents affecting the airport, inclu�ing deeds, leases, nperation and use agreements, regulations and ofher instrumen�s, available for inspection by any d�ly authorized agent of the Secretary upor� reasonable request; c. for noise compatibility program projects, make records and documents rela�ing ta the project and continued compfiance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instrumer�ts, available for ins}�ection by any duly authorized age�t of the Secretary upon reasona6le request; and d. in a forma# and time prescribed by the Secretary, provide to the Secretary and make available �a the public following each of its fiscal years, an annual repork listing in detail: (i) all amo�ants paid by the airport to any other unit of gov�rnment and khe purpQses for which each such payment was made; and Airport Assurances (9199) �a �l � _�i.�' 4 L I' 4 Appenaix 1 (ii} all services and properfy provided by th� airport to ot�er ur�its of government and the amount of compensation received for pravision af each such service and prnperty. 2i, Use by Gor►ernment Aircraft. It will make a�ailable all of the facifities of the airport dev�lopetl with Federal financial assistance and ail those usable for landing and takeoff of air�craft to the United States far use by Government aircraft in carnm�� with other aircraft at all times without charge, �xcept, if the use by Gove�nment aircrafi is substantial, charge may he made for a reasonable share, proportionai to such use, for the cost of operating and maintaining th� facilities used. I1nl�ss ofharwise determined by the Secretary, ar otherwi�e agre�d to by the sponsor and the using agency, substantial use of an airpart by Government aircraft will be considered to exist when operations of such aircraf� are in excess of fhose which, in the opinion of the Seeretary, wauld' unduly interFere with use o# the landing areas by ather autharized aircraft, or during any calendar month that- a. Five (5) o�- more Governrr3ent aircrai� are regularfy based at the airport or on land adjacent thereto; or b. 7h� total n�mber of rr�ovements (counting each landing as a movement} of Government aircraft is 300 or more, ar the gross accum�lative weight af Government aircraft using th� airport (the tatal movement of Government aircraft multipGed by gross weig�ts of such aircraft} is in excess of five million �aunds. �8. Land for Federal �aciliiies. lt will furnish without cast to ihe Federal Go�ernment for use in connection with any air fraffiic cantrol or air navigatio� activities, or weather-rePorting and communication activities related to air traffic eor�trol, any areas of land or water, or estake kherein, or rights in buildings of the sponsor as fhe Secretary consi�ers necessary or desirable for construction, aperatian, and rnaintenance at Federal expense of space or facilities for sueh purposes. Such areas or any portion thereof will be mad� available as provided herein within four mantF�s after receipt of a writ�en request frorr� the Secretary. �9. AirporE Layaut Plan. a Et will keep up to date at a!I times an airport lay�ut plan of the airpart � showing (1) baundaries of the airport and al! proposed additions theretQ, tog�ther with the boundaries of all offsite areas owned or cantrolled �y the sponsor for airport purposes and proposed additians thereto; (2) the location and nature of all existing and proposed airpart �aeilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and raads), including all proposed extensions and reductions of exisking airport facilities; and (3) fhe Eocation of all existi�g and proposed nonavia#ion areas and of ai1 existing impro�ements thereon. Such airpor� layout plans and each amendment, revisian, or modi#ication thereof, shall be sub}ect to the approval of the Secrekary which appro�al shall be e�idenced by the sig�ature of a duly autharized representative of the Secretary on the face oi the airport layout plan. The spflnsor will not make or pe�mit any changes or afterations in the airport or any of iis facilities which ars not in confarmity with the airport layout plan as approved by the 5ecretary and which mig}�t, in the opinion of the Secretary, adversely affect t1�e safety, utility or efficiency of the airport. b. If a change or aEteration in the air�ort or the facili#ies is made which the Secretary determines adversely affects the safety, utility, ar efiiciency of any federally owned, leased, or funded property on or aff the airport and wi�ich is not in conformify wi#h the airpor� layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (Z) bear all costs of relocating sueh properfy (or replacement thereaf� to a site acceptable to the Secretary and all costs oi restorinq such prape�ty A9rport Assurances (9199) � � _ ' ��k�' , __ Appen�ix 9 (or replacement thereof� io the level of safety, utility, efficiency, and cast of operation existing before the unapproved change in the airpart or its �acilifies. 30. Civil Rights. lt will comply with such rules as are pramulgated to assure that no person shall, on the grounds of race, creed, calar, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting fram funds received from this grant. This assurance ohligates the sponsor for fhe period during which Federal financial as5istance is extended to the program, �xcept where Federal financiai assistance is ta pravide, or is in ti�e form of personal proper#y or real property or interest therein or s#ructures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of th� foliowing periods: {a) the period dUring which the property is used for a purpose far which Federal financial assiskance is extended, or for another purpose involving the pro�ision of similar services or benefifs, or {b) the p�riod during which the s�onsor retains ownership or possession of #he prope�ty. 37. Disposal of Land. a. For land purchased under a grant for airport rtaise compatibility purposes, it will dispose of tF�e Eand, when the lanc! is no fonger needed for such purposes, at fair marEcet value, at the earfiest practicabEe time. That portion of the proceeds of such disposition which is praportionate ta the lJnited States' share of acquisition of such Eand will, at the discretinn af the Secretary, 1} be paid to the 5ecretary far depasit in the Trus# Fund, or 2) be reinves#ed in an approved noise compatibility project as prescribed by th� Secre#ary, b. (3�}For land purcF�ased under a grant for airport develaprnenf purposes (other than naise compatibility), it will, when the land is na longer needed far airport purposes, dispose of such land at fair market value or make available to fhe 5ecretary an amount equal to the l3nited States' proportionate shar� af t�e fair market vaiu� of the land. That portion of the proceeds of s�ch dispasition which is propor�ionate to khe Uni�ed States' share of the cost of ac�uisitian of such land wil4, (a) upon application fo the Secretary, be reinvested in another eligible airpart improvement prajeck or pra}ects apprp�ed by the Secretary at that airport or within the national airport system, or (b} be paid to the S�cretary far depasit in the Trust Fund i� na eligible project exists. {2} Land shall �e considered to be needed for airport purposes under this assurance if (a) it may be needed far aeronautica! purposes {including runway pratecfion zones) or serve as naise buffier land, and (b} the revenue fror� interim uses of such land contribukes to the finar�cial self-sufficiency of the airpart. Further, land purchased with a grant r�ceived by an airport operator or awner befor� �ecember 31, 1987, will be considered to be needed for airport purpases if the Secretary or Federaf agency making such gra�t before Decamber 39, 1987, was notified by the operator or owner of the uses of such land, did not object to sucE� use, and the �and continues to be us�d for ti�at purpase, such Use having camrnenced no later than December 16, 1989. c. Disposition of such land under (a) or (b) will be subject fo the retention or reservation af any interest or r{ght therein necessary to ensure that su�� land wilf only be used far purposes which are compatible with noise levels associated with operation of the airport. 3�. Engineering and ❑esign Se�vices. 1t will award each contrac�, or sub-cor�tracf for program management, constr�ction management, pla�ning sfudies, feasibil��y �;�;�:�'���."��-�- architectural services, preliminary engineering, design, engineering, surveyi+�dl���r�;���,F,��,,� �p AirportAssurances 9/99) �� � � ��-• - .� . ,i;;�,� ��: -'-�'�� -r.sb.7 I', ' Appendix 1 related services with respect to the project in the same manner as a cantract for arc#�iteckural and engineering services is negatiated under Tit1e IX of the Federal Property and Administrativ� Services Act of 19�49 or an equivalent quaiifica#ians-based requirement prescribed for or by the sponsor of th� ai�pori. 33. Foreign h�arkei Restrictions. ft will not allow funds provided under this grant to be �sed to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the lJnited 5fates Trade Representative as denying fair and equitabfe mark�t oppc�rtunities for praducts and suppliers of the United States in procurement and construction. 3A�. Pnlicies, Standards, and Specifications. It will carry out the �roject in accordance with polieies, standards, and specifications approved by the Secretary including but not limiied to the ad�isory circulars listed irr the Current FAA Advisory Circuiars for AIP projects, dat�d and incfuded in this grant, and in accardanc� with applicable state palicies, standarr�s, and specifications approved by the 5ecretary. 3�. Re[ocat�on and Real ProperEy AcquisiEion. (1} It will be guided in acquiring real praperty, to the greatest extent practicable under State �aw, by the land acquisition polici�s ir� 5ub�art B of 49 CFR Part 24 and will pay or reimburse pro�e�ty owners far necessary expenses as sp�cified in 5ubpart B. (2} It will provide a relacation assistance program offering the services described in Subpark C and fafr and reasonable relocation payments and assistance to dispfaced persons as required in Subpa�t D and E of 49 CFR Part 24. (3) It will make available within a reasor�able period of time prior to displacement, comparable replacement dwellings to displaced persans in accordance with 5ubpart � of 49 CFR Part 24. 36. Access By Intepc�ty Buses. The airport owner or operator will perrr►it, to the maximum extent praciicable, intercity buses or o#her mod�s of transpartation to have access to the airport, however, it has na obligatian to fund special facilities for intercity buses or for other modes of transportatian. 37. nisadvantaged �us�ness �nterppises. "ihe recipier�t shall not discriminate on ths basis of race, colar, national origin or sex in the award and performance of any D�T-assist�d cont�act or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shalE take ali necessary and reasonable steps under 49 CFR Part 26 tv ensure non discrimination in the award and administrat3on of DOT-assisted cantracts. The recipi�nt's dRE pragram, as required by 49 CFR Park 26, and as approved by D4T, is incorporated by reference i� this agreement. Irnplementation of this program is a legal obligation and failure to carry out its terms shall be freated as a violafia� of this agreement. Upon notificatian to the recipient of its faifure to carry out its approved program, the Depar�ment may irr�pose sanctions as provided for under Part 26 and ma,y, in appropriate eases, refer �he matter for enforcement under � 8 U.S. C. � 001 andlor the �rogram Fraud Civil Remedies Act of 1986 {31 U.S.C. 3861}. Ai rport Assurances (9199) '9 3 � � . �'�� -� �} , ;�1�1 . C`itjr oj`'.F'o�� Wo�th, T'exas M�.��r a�d Co�nciY C��r��nic�.���r� QATE REFERENCE I�llMBER I LDG NAME PAGE 91'� 71�� �"��-1373� ��E�la�� � �SCARGO 1 af 2 sus��cT APPLY �OR AND ACCEPT A GRANT FROM THE FEDERAL AVIATION ADM1N[STRATION FOR CARGO APRON AND TAXI LANE [MPR�VEMENTS AT FORT WORTH ALLIANCE AIRP�RT RECOMMENDATION: it is recommended that the Gi#y Council: �. Authorize �h� City Manager to apply for and accept, if awarded, a grant from the Federal A�iation Administration {FAA} in fih� amount ofi $4�9�AB9 ��,3�Q,�Qp for cargo apran and taxi lane improvements at Fort Worth Alliance Airport; and 2. Authoriz� �he use of land credits in the amount of �^^� ��77,7�� ��r the Ci#y's in-�Cind local match; and 3. Authorize the City Manager to execute a grant agreement with the FAA o�tlining the terms and conditions regarding use of the grant funds, and 4. Adopt the attached appropriatian ordinance increasing estimated receipfs and appropriatians ir� the Grants Fund by $4;444;444 ��,���,77#�, subject to rece�pt af the grant. DISCUSSION: As corporaie ancf general aviation activity at Fort Warth Alliance Airpart cantinues to increase, there is a need ta se�ara#� carga activity from general aviatian and corporafe aircraft activity tha� rou�inely occurs. On Navember 9, 1999 {M&C G-12728), the City Council authorized the City Manger to appfy far and accept a granfi agr�ement with the FAA in the amaunt of $6,�77,390. The FAA only awarded the City $2,198,029 of the $6,477,3�0. This was an insufficient amount ta fund the cargo apron and taxiway addifions. A grant to cover these remaining impro�ements, whose cost is estima#ed to be �^,�'�� ��k,7TT,7�8, will �e requested from the F'AA. The federal participati�n in the project will be $4;999�A99 $4,34�,�0�,, the required City maich wifl be $444444 ���T,7T$, The City's focal matcY� will be met rrvith the in-kind land credit that the City has as a result af land danated for the original airport acqui�ifian and the land donated for the praject. �'iiy o, f l�o�t Y�orth9 T'exas l�J[���� �.�dl � o�n��l � ��r�ur��c��io�. I]A7� R�F�RENCE NUMB�R I�OG NAM� PAGE 91171a2 �*��� 3'��6 p,���p�� 55CARGD 2 of 2 SIJBJECT APPLY FOR AI�D ACCEPT A GRANT FROM HE FEDERAL AVIATION ADMlN15TRAT40N FOR CARGO APRON AND TAXI LANE IMPROVEMENTS AT FORT WORTH ALLIANCE AIRPDRT FISCAI� INFORMATION/CERTIFICATIDN: The Finance Director certifies that upon approval of the above recammendations, receipt of the grant, an� adoptian of the attached appropriatian ordinance, funds will be availa�le in the c�arrent operating budget, as appropriated, of the Grants Fund. M�:k �ubmifted for Cify Manager's Office 6y: Marc Ott Originating Department Hea[I: Bridgette Garrett (Acting} Additional Tnformation Contact: Bridgette Garrett {Acting) 847G 5403 � 5403 I I'UND {to) 1 &4) GR76 2&4) GR76 4) GR76 q} GRi6 (fram) � ACCOUNT I 451856 488199 53912D 541910 CENTER 055218811QOD 0�5248811D00 0552'f 88'I 1010 0�5218811020 � An�rou�vT ��,30�,0�0:00 � �'�,�f'!8_(1�7 ��i ����{� F{��� ��� � �4�T�77�,�Q CITl' SECRETARY APPROVED AS AMENDED 9117/02 ORD. #15252