HomeMy WebLinkAbout108-94 RESOLUTION•
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RESOLUTION NO. 108-94
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ACCEPTANCE AGREEMENT
FOR THE FEDERAL GRANT OFFER A1P #3-05-0020-19 FOR
THE TERMINAL EXPANSION AT DRAKE FIELD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVII.LF., ARKANSAS:
Section 1. The City Council hereby authonzes the Mayor and City Clerk to execute
the Acceptance Agreement for Federal Grant offer A1P #3-05-0020-19 for terminal expansion
at Drake Field. A copy of the grant agreement is attached hereto marked Exhibit "A" and made
a part hereof.
PASSED AND APPROVED this 20th day of September , 1994.
APPROVED:
1
By:
Fred Hanna, Mayor
ATTEST:
By: tha Imo_
Traci Paul, City Clerk
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EXHIBIT A
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
PART 1 - OFFER
Date of Offer: Project No. 3-05-0020-19
Airport: Drake Field Contract No. DOT FA 94 SW -8040
TO: City of Fayetteville, Arkansas (herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein referred
to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for
Federal Assistance) dated September 16, 1994, for a grant of Federal funds for a project for development of
the Drake Field Airport (herein called the "Airport"). together with plans and specifications for such project,
which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made
a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project")
consisting of the following -described airport development:
Renovate/Expand Passenger Terminal
all as more particularly described in the property map and plans and specifications incorporated in the
said Application for Federal Assistance.
WHEREAS, this project will not be completed during Fiscal Year 1994 and the total estimated cost of
completion will be $547,488 of which the Federal share is $492,739.
FAA Fon 510n.i7 (10 89) Development or Noise Program
Page 1 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and
Airway Improvement Act of 1982. as amended by the Airport and Airway Safety and Capacity Expansion
Act of 1987, and the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal
Transportation Act of 1992, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act
of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and
(h) the benefits to accrue to the United States and the public from the accomplishment of the Project and
compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF TIIE UNITED STATES, HEREBY OFFERS AND
AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project,
ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $411,427.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible
for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in
accordance with the provisions of which regulations and procedures as the Secretary shall prescnhe.
Final determination of the United States share will be based upon the final audit of the total amount
of allowable project costs and settlement will be made for any upward or downward adjustments to the
Federal share of costs.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the
terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply
with the assurances which were made part of the Project Application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the
Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the
Project unless this offer has been accepted by the Sponsor by September 30, 1994, or such subsequent
date as may be prescribed in writing by the FAA.
FAA Form 5100-37 (:0-84) Dc.elcpmert or Noise Program
Page 2 of 5 Pages
The Sponsor shall :take all steps, :including litigation if necessary, to recover Federal funds spent
fraudulently.: Tastefully, or in violation of Federal antitrust Statutes, or misused in any other manner
in any project upon which Federal funds have been expended. For :the purposes of this Grant
Agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were
originally paid pursuant to this or any other Federal Grant Agreement. It shall obtain the approval of
the Secretary as to any determination of the amount of the Federal share of such funds. It shall return
the recovered Federal share, including funds recovered by settlement, order or judgement, to the
Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any settlement, litigation, negotiation. or other
efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court
or otherwise, :involving the recovery of such Federal share shall be approved in advance by the
Secretary.
The United States shall not be responsible or liable for damage to properly or injury to persons which
may arise from. or be incident to. compliance with this Grant Agreement.
Unless otherwise approved by the FAA. the Sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States to be
used for any project for airport development or noise compatibility for which funds are provided under
this grant. the Sponsor will include in every contract a provision implementing this special condition.
10. It is mutually understood 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 five (5%) percent, whichever
is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget
change. Conversely, if there is an overrun in the eligible Project costs. FAA may increase:the grant
to cover the amount of overrun not to exceed the statutory :fifteen (15%) .percent limitation and will
advise the Sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the
maximum obligation of the United States is adjusted to:the amount specified.
11. If a letter of credit is to be used, the Sponsor agrees to request cash drawdowns on the authorized letter
of credit only as and when actually needed for its disbursements and to timely reporting of such
disbursements as required. It is understood that failure to adhere to this provision may cause the letter
of credit to he revoked.
12. The property map referred to on Page 1 of this Grant Agreement is the Property Map, :Exhibit 'A",
attached to the Application for Federal Assistance attached to the Grant Agreement 1br Project
No. 3-05-0020-18.
13. The plans and specifications rcfcrred to on Page 1 of this :G.rarit Agreement are the plans and
specifications approved by the FAA on September 12. 1994.
:FAA Form 5100-37 110.69; Development rr NooL Program
Page 3 of 5 Pages
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PART 11 - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements contained in the Project Application and incorporated 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.
Executed this Zsmy day of,szR-n0E-R , 19g4..
(SEAL)
Attest:
Title:
CITY Cii Et'K
By:
City of Fayetteville, Arkansas
,':ane of Sponsor)
ISpo .ors Designated Official Representatve)
Title: Piwt 02
CERTIFICATE OF SPONSOR'S ATTORNEY
I det.0 C i ( ,1) iVel yacting as Attorney for the Sponsor do hereby certify:
That in my opi ion the Spo sor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of�'(a(1) 5 . Further. I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and
Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due
and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving
projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes
a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at_ Q v, t f thi
- 1 �K st,l day of,S Nrr• P E21917 �.
Igoe re of Sporsor's
g,
FAA Form 5:00-37 (10-89) Des e:opment at Noise Program
Page 5 of 5 Pages
APPLICATION FOR
FEDERAL ASSISTANCE
t
oaf 1 Aso.eva r 1110. 03LI coa 2
I SATE aaRITTEo
9-16-94
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a DATE R(LIMD ST ITD(AsL A4tcy
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AIP h3 -C5 -002C-19
1 AI.IILIC, * A.MA!ION
LAypI Pismo
City of Fayetteville
Droanu.rpnn 1Jn
City of Fayetteville
Mores (gree C#ry. mow.. State re by code)
'.13 W. Mountain.
Fayetteville, Washington County
Arkansas, 72701
fern* and te4Mtb- number of the p.rson to d w,t.c .d T rnanra n.aerep
Na •OdVtort ane mdef
Dale Frederick, Airport Manager
501-521-4750
a OdPLOM t0(NT7f CATON MIMS(a 1111.1'
7
6
0
:
8 14
6
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t TYPE Of APPLICATOR
❑ w.
0 Contmaton 0 Revision
I Fleecr%w.t scaaprl. 4ner(sP n pmf"I 0 0
A. Increase Award B Daws Antd G Straw Durston
0. Daa.aa Deaton Ourr (TD.ahk
(. TY►1 OF APPLICANT:
A SUI•
B Courcy
C. Munecipel
D. TowPNio
E Intestate
F. M.rmnlrapr
a spoor Perin
*Ulf 400"00014/* re.e Tall bo')
M Wdewr4anl Scrod an.
I. St1. Conbdrd Iwbtdtal or Il,/_. lam";
.1 Pmn tkw..r*ty
K bd'on Trib.
1.. Mrndu.l
11 Praia Oraansnlon
N 011l.r (Sy..fyl.
LTJ
IL NAM 1 OF PIDnAA A0 MCA:
DOT FAA SW Region, Ft. Worth, TX
It CAWALOO p PIC(ML DON[OM 2
A:WITAMCI 1WN.(1!
0 i.
int
Airport Improvement
1
0
1
Program
it ARIA( APYICTo SY Mona (Obes. COunMt gm. .ftt
Washington and Benton Counties, AR
it Dorm ITL( OF APPLICANTS 1•11011CT:
Teo objective of this improvement is to
expand the Term -nal Building in accordance
with the Master Plan update completed in
1992 and to corply with the Americans with
Disabilities Act (ADA) regulations.
1t P.OPOSID I.OJtCT
la OONOtflSIONAA DITTIICTI or.
$tan Data
10-01-94
&Wino Dat
3-31-95
a Awaken
THIRD
n roes!
THIRD
111. IITaATa 1nAMaw0.
■ F.dr.1
1 510,739
.Do
n Atglcart
1 56,749
. 00
c$um
1
. 00
d local
1
. 00
. Oe,.r
m
it K AMucstgw WtrncT TO *MM IT ITATI Earn ORD01 'says PROCSUI
• TES THLS PREAPOfl71OWApOUCATIDN WAS ((ADE AVAILABLE TO THE
STATE EJnEQJME ORDEA 12372 PROCESS FOR REVIEW ON
DATE 1-25-94
e NO ❑ PROGRAM 6 NOT COVERED Br CO 12172
❑
1:111 PROGRAI( WAS NOT BED' SELECTED BY STATE FOR REVIEW
prop.rn lyre
S O
9 TOTAL
f
567,488
-00
17. ■ TNI AIPUCAMT DnranHT CM APY PWOIAL can
. ❑ Yes • R 'Tele .nacll Ml .mtrlator .
NO
la TO mit UST win tNOwt2Da( Afro ILLAP. ALL {WA a TIM AI.LIUTION O LIMICl Tow ARI TIV( IMO COP /CT. TMa DOCW (NT MAI Im1 WLT
Auil.Oatzse n TMa DCIWIN1na (ODI 0111,11 aPPUCANT APO TNI APPLICANT wl%S COMPLY WITH 1111 ATTAOQD ASIyRANQ* ■ 1111 ISSIITANCI q ARAPO(o
a Tim. Nerve al AveNn ad qc.. rUb..
Fred Hanna
tram
. Mayor
c T.4Trae meet..
501-521-7700
d. Sgtae al Autos
Sputa, st•or•w••mair.
s .
• Ona Signed
9-16-94
Authorized for Local Reproduction
—SWadard Tarin 1211 .Lav 1.481
P.>cnbw Or OUB C•c-Ia AIC:
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CEPARTMFNT OF TRANSPORTATION • 1 EDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SEC1ION A
OMB NO 110 w0•e.
Item 1
Does this assistance request require State, oral, Nome of Governing Body —
regional, cr outer p•iority rating? -_ or iority Rating
Item 2.
Does this assistance request require State, or local
odvssory, educoi ono! or health clearances?
No
Nome of Agency or
Board _ _
_Yes_ X _No (Attach Documental on)
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-957
X_ ._ Yes _ Na
Item 4.
Does this assistance request recurre Stcte, Icrcl,
regional or other p coning approval?
X
(Attach Comments)
Nc-re of Approving Agency
Date _ .
_ No
item S.
Is the proposed project covered by a-1 approved Check one: State
cemprehens ve plan? Local
Regional r'
Yes X No Location of plan _.
Item 6.
Will the assistorce requested serve a Federal Name of Federal Installation
installation.? _ Yes X No Federal Popu!ation benefiting from Project
Item 7.
Will the assistance requested be on Federal land Name of Federal Installol on
cr taste lotion? Location. of Federal Lcnd_
_Yes_ X __No Percent of Project _
Item 8.
Will the assistance requested have an impact or effect See irstruction for additional information to be
on the environment? p•ovided.
Yes X No
Itern 9.
Will the assistance reeuesled cause the displacement of
.ndividua's families, businesses, or farms?
Yes X _ No
Item '.0.
Is there other related federal assistance or This
project previous, pending, or aniiripated?
Numbei of
Individuals
Families
Businesses
Forms
_Yes X _No
FAA Fo•m 5100-100 16 11) SUPERSEDES FAA FORM
1
See instructions for additional information to be
provided.
5100-'0 PAGES 1 THRU
Page 2
1
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DEPARTMENT OF TRANSPORTATION — FEDERAL. AYIATICN ADMINISTRATION
PART 1I - SECTION C (SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
OMB NO. 04-aO2c9
1. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent In or in
the vicinity of the airport:
The Spor.sor has adopted Drake Field Crdinance 2697 which regulates and restricts
all land use activities in the vicinity of Drake Field. This ordinanc, was
adopted January 20, 1980-
q.
980
3. Defaults.—Th .Sponsor is not in default on any obligation to the united States or any azencv of the united States Govern-
ment relative to the development, operation, or maintenance of any airport, except as stated herewith:
3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases. use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedinvs)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out tie
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise. except as follows:
4. Land.—(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed
nr used as part of or in connection with the Airport, subject to the following exceptions. encumbrances, and adverse interests,
all of which areas are identified on the aforementioned property map designated as Exhibit • A":
The Sponsor holds nee simple title to Tract A and easements shown in Tract B of
the attached property map, Exhibit "A". Title for Tracts A and B were approved
under previous prcjects. Status has not changed since approval.
Land and easements to be acquired under ASP 3-05-0020-11 & 15 include easements,
Tracts C, D, F, .3, G, AND R; Fee Simple Tract D, E, and H.
'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and aduene interests
of euery kind and nature, including liens, easements, leases, etc. The separate creat of !and need only be identified here by the
area numbers shown an the property map. .
FAA Form 5100-100 t4461 Page 3a
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRAT ON
PART I1 SECTION C (Continued)
OMB NO 0' R0209
The Spin %%%%% further entitle- that ;lir aLu'r 1- on a 111Ir c\animation in a ridallfud altorne% lir title compam and that
such attnrnrs or title cm -twain ha- c.eter Wined that thr `pnn-or hold- the abode properly intrre-is
(1.) 1 hr %pi.n-or "ill a. 11:11 r. illim a err-1'11al•Ir time tui in dr. esenl prior to the r.tart of ano roe-ttw thin unit, tied, r
the Prop•rl the follm. ur, pro 1( rls odere-I ;n 1I r Inllm.111, arra- O( laud` on 3hir11 •urh con:trurtlo r' work r- to Lc per'•rnird
all of 3 licit arra- arm identdici on thr aforen;enl•or cd proper -h. reap dr,rn rated a- E\IliL t \
None
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(c) 1111' upon -or 3111 a. quire stithrn a r4 a-onalde time. and if fea,it•Ir prior to the completion of all con•irur iron orb uudrr
the Project. the fnllouing prop rt inleri•-1 pi 111. (oIIo.nie arra: of land' 3hie1: are to lie dereloped or u,ed a. parr of or 111
connection uitIi tier \Irport a- it It hi up'•u . onlp.rlion of the Proje( 1. al: of %luclr area are identified on the aforeirrntiorcd
properly Wrap designated a• }.xhdr.t ' k -
None
5. Exelu-ire RiQhls.-7 here i- rrorant of an exelu•iman e right for the conduct of aaeronautical actin it. at airport ovoid
or controlled L1 the Dponcor exrrpl a- follo3
None
*State character of property interest in each area and list and Identify for each all exceptions, encumbrances. and adverse interest
of every kind and nature, including hens, easements. leases, etc. The separate areas of land need only be identified here b.- the
area numbers shown on the prapert) map.
FAA Form 5100-100 14.961
Page 36
ULt AR.MLN1 OF TRANSPORTATION- TEOCRAT. AVIATION ADM.N.STRATION
Om0 as of np,e,
PART III - BUDGET INFORMATION - CONSTRUCTION
mEm
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No 20•::=.
2. Furdicriol or Other Breakout __-;IP
SECTION B - CALCULATION CF FEDERAL GRANT
Cosi Clos:•Ii. morn
1. Adin nistration expense
2. Preliminary expense
3. Land,slrucl.nes, right -of way
4. Architectural engineering basic fees
5. Other architecluial gpgireering fees
6. Project inspection fees
7. Land develoamenl
8. Relocation Expenses
Use on:7 foe rev IS.ont
Toles. Appo.ed
Amount
Adiu simef•
4 Or (-)
1
Total
Areoon.
Req,nted
7.500
32,900
i
9- Re'ocalion peyr.:enls to hd,vicuals ano Businesses
10. Demolition and removal
li. Construction and project improvement
12. Equipment
13. Mrscellaneous
14. Total (Lines 1 through 13)
8,225
498,863
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
18. Add: Contingencies
547,488
547,488
20. OCC
19. Total Project Amt. (Excluding Rehabilitation Grants)
20. Federal Share requested of Line 19
567,488
J
510,739
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 8 21)
23. Grantee share
24. Other shares
510,739
56.749
25. Total project (Lines 22, 23 8 24)
S 567,488
FAA Form 5100-100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 TNRU 7
Page 4
DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION
SECTICN C EXCLUSIONS
76
b
c
d
e
Clos s.l,ca••on
r.
9
27. G'anlee Share
a. Securities
b Mortgages
T olols
Our. r.o 1
Ir.eliy.Lle Ior
Po. .c•Par mfl
11)
S
Emeludee I•o—
Conli-yenc y Prons'on
1?)
5
1
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
c. Approplral lccs (By An 'ca,
d. Bcrds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL — Grantee shre
2fi. 011e- Stales
a. Slate
b. Other
c. Total Othe Shales
S
56,%49
56,749
29. TOTAL IS 56,749
SECTION E — REMARKS
These documents are attached and incorporated herein:
1. Property Map Exhibit 1tA" dated June, 1991.
2. Standard DOT Part V Assurances and Title VI Assurances
These documents are herein incorporated by reference:
J. Plans and Specifications to be approved by FAA
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Fonn 5100-100 16-731 SUPERSEDES FAA FORM Slop- to PAGES 1 TMPU 7
Poge 5
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PART IV
PROGRAM NARRATIVE STATEMENT
Proposed Improvements to
DRAKE FIELD
FAYETTEVILLE, ARKANSAS
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The proposed improvements are located at Drake Field, Fayetteville Municipal
Airport, Fayetteville, Arkansas. The objective of this improvement is to expand
the Terminal Building in accordance with the Master Plan Update completed in
1992 and comply with current Americans with Disabilities Act (ADA) regulations.
1. The terminal expansion is required to adequately serve the
airline passengers with additional Terminal, restroom and restaurant
space. The Terminal building was designed to handle an annual
passenger 0 & D of approximately 180 000 . The passenger 0 &
D for 1993 was 413,697, which far exceeds the capacity which results
in very crowded condition during normal and peak usage. In
addition, some terminal areas do not currently comply with all ADA
regulations. This renovation will allow compliance with all ADA
regulations regarding the terminal structure.
•
PART V
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development. airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of the Airport and Airway Improvement Act of 1982, as
amended, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term
public agency sponsor means a public agency with control of a public -use airport; the term private
sponsor means a private owner of a public -use airport; and the term sponsor includes both public
agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor. these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in
full force and effect throughout the useful life of the facilities developed or equipment acquired
for an airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project. but in any
event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds
for the project However, there shall be no limit on the duration of the assurance against exclusive
rights or the terms, conditions and assurances with respect to real property acquired with Federal
funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life of project
items installed within a facility or the useful life of the facilities developed or equipment acquired
under an airport development or noise compatibility program project shall be no less than ten (10)
years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement.
only Assurances 1, 2, 3, 5, 6. 13, 18, 30, 32, 33, and 34 in section C apply to planning projects.
The terms, conditions, and assurances of the grant agreement shall remain in full force and effect
during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. 11 will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines, and requirements as they relate to the application,
acceptance and use of Federal funds for this project including but not limited to the following:
Airport Assurances (7-94) Page 1 of 12
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Federal Legislation
a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et seq.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -
42 U.S.C. 4601, et seq.1 2
f National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
I. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seq.
I. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
m. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1
n. Airport and Airway Improvement Act of 1982, as amended 49 U.S.C. 2201, et seq.
o. Powerplant and Industnal Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1
q. Copeland Antil:ickback Act - 18 U.S.C.874.1
r. National Environmental Policy Act of 1969 - 42 U.S.C.4321, et seq 1
s. Endangered Species Act - 16 U.S.C. 668(a), et seq.1
t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
u. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 11246 • Equal Employment Opportunity'
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Buildmg
Construction'
Federal Regulations
a. Uniform administrative requirements for grants and cooperative agreements to state and
local governments.3
b. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
c. 49 CFR Part 23 - Participation by minority business enterprise in Department of
Transportation programs.
d. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal
and federally assisted programs.1 2
e. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities
receiving or benefitting from Federal financial assistance.'
f. 49 CFR Part 29 - Governmentwide debarment and suspension (non -procurement) and
governmentwide requirements for drug-free workplace (grants).
g. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.1
i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States)
j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted
construction (also labor standards provisions applicable to nonconstruction contracts subject to the Contract
Hours and Safety Standards Act))
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity. Department of Labor (Federal and federally assisted contracting
requirements))
Airport Assurances (7-94) Page 2 of 12
1. 14 CFR Part 150 - Airport noise compatibility planning.
m. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new
building construction.'
n. 49 CFR Part 20 - New restrictions on lobbying.
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local
Governments.
b A-128 - Audits of State and Local Governments.
1 These laws do not apply to airport plannmg sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for Stale and Local
Governments receiving Federal assistance. Any requirement levied upon State and Local
Governments by this regulation and circular shall also be applicable to private sponsors
receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as
amended.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility. and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and
carry out the proposed project that a resolution, motion or similar action has been duly
adopted or passed as an official act of the applicants governing body authorizing the
filing of the application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out
the proposed project and comply with all terms, conditions, and assurances of this grant
agreement. It shall designate an official representative and shall in writing direct and
authorize that person to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide such
additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project
costs which are not to be paid by the United States. It has sufficient funds available to assure
operation and maintenance of items funded under the grant agreement which it will own or
control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title will be
acquired.
b For noise compatibility program projects to be carried out on the property of the sponsor,
it holds good title satisfactory to the Secretary to that portion of the property upon which
Federal funds will be expended or will give assurance to the Secretary that good title will
be obtained.
Airport Assurances (7-94) Page 3 of 12
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5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the tcrms, conditions, and assurances in
the grant agreement without the written approval of the Secretary, and will act promptly
to acquire, extinguish or modify any outstanding rights or claims of right of others which
would interfere with such performance by the sponsor. 'This shall be done in a manner
acceptable to the Secretary.
b. 1t will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or
other interests in the property shown on Exhibit A to this application or, for a noise
compatibility program project, that portion of the property upon which Federal funds
have been expended, for the duration of the terms, conditions, and assurances in the grant
agreement without approval by the Secretary. If the transferee is found by the Secretary
to be eligible under the Airport and Airway Improvement Act of 1982 to assume the
obligations of the grant agreement and to have the power, authority, and fmancial
resources to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the
transferee all of the terms, conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of
local government or are on property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government. Except as otherwise
specified by the Secretary, that agreement shall obligate that government to the same
terms, conditions, and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project. That agreement
and changes thereto must be satisfactory to the Secretary. It will take steps to enforce
this agreement against the local government if there is substantial non-compliance with
the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it
will enter into an agreement with the owner of that property which includes provisions
specified by the Secretary. 11 will take steps to enforce this agreement against the
property owner whenever there is substantial non-compliance with the terms of the
agreement.
e. if the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure
that the airport will continue to function as a public -use airport in accordance with these
assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance with the Airport and Airway Improvement Act of 1982, the regulations and
the terms, conditions and assurances in the grant agreement and shall insure that such
arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at
the time of submission of this application) of public agencies that are authorized by the State
in which the project is located to plan for the development of the area surrounding the airport.
For noise compatibility program projects, other than land acquisition. to be carried out on
property not owned by the airport and over which property another agency has land use
control or authority, the sponsor shall obtain from each such agency a written declaration that
such agency supports that project and the project is reasonably consistent with the agency's
plans regarding the property.
Airport Assurances (7-94) Page 4 of 12
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7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project
under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable
consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the airport or runway location
and its consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of
such hearings to the Secretary. Further, for such projects, it has on its management board
either voting representation from the communities where the project is located or has advised
the communities that they have the right to petition the Secretary concerning a proposed
project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project
is located to certify in writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards. In
any case where such standards have not been approved and where applicable air and water
quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty days after the project
application has been received by the Secretary.
11. Local Approval. In projects involving the construction or extension of any runway at any
general aviation airport located astride a line separating two counties within a single state, it
has received approval for the project from the governing body of all villages incorporated
under the laws of that state which are located entirely within five miles of the nearest
boundary of the airport.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public airport, it has, on the date of submittal of the project grant application, all the safety
equipment required for certification of such airport under section 612 of the Federal Aviation
Act of 1958 and all the security equipment required by rule or regulation, and has provided
for access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of the grant, the total cost of the project in
connection with which the grant is given or used, and the amount or nature of that
portion of the cost of the project supplied by other sources, and such other financial
records pertinent to the project. The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the
Single Audit Act of 1984.
Airport Assurances (7-94) Page 5 of 12
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b. It shall make available to the Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, for the purpose of audit and examination,
any books, documents, papers, and records of the recipient that are pertinent to the grant.
The Secretary may require that an appropriate audit be conducted by a recipient. In any
case in which an independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection with which
the grant was given or used, it shall file a certified copy of such audit with the
Comptroller General of the United States not later than six (6) months following the
close of the fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids
and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under
the grant agreement which involve labor, such provisions as are necessary to insure that, in
the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in
Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this
preference shall apply only where the individuals are available and qualified to perform the
work to which the employment relates.
16. Conformity to Plans and Specifications. 1l will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation.
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the approved
plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms to
the plans. specifications, and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and procedures shall
require such cost and progress reporting by the sponsor or sponsors of such project as the
Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects -
a. 1t will execute the project in accordance with the approved program narrative contained
in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project
a notice that the material was prepared under a grant provided by the United States.
Airport Assurances (7-94) Page 6 of 12
d. It will make such material available for examination for examination by the public, and
agrees that no material prepared with funds under this project shall be subject to
copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the
right to disapprove the proposed scope and cost of professional services.
g
It will gram the Secretary the right to disapprove the use of the sponsor's employees to do
all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does not
constitute or imply any assurance or commitment on the part of the Secretary to approve
any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal to temporarily
close the airport for nonaeronautical purposes must first be approved by the Secretary.
The airport and all facilities which are necessary to serve the aeronautical users of the
airport, other than facilities owned or controlled by the United States, shall be operated at
all times in a safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable Federal, state and local agencies
for maintenance and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes.
In furtherance of this assurance, the sponsor will have in effect at all times arrangements
for -
(I) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the
airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be
construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed due to an act of God or
other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or
controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to the airport (including
established minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and
by preventing the establishment or creation of future airport hazards.
Airport Assurances (7-94) Page 7 of 12
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21. Compatible Land Use. 1t will take appropriate action, including the adoption of zoning
laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use on fair and reasonable terms
and without unjust discnmination, to all types, kinds and classes of aeronautical use.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege
at the airport is granted to any person, firm, or corporation to conduct or engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will
insert and enforce provisions requiring the contractor to -
(1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all
users thereof, and
(2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to volume
purchasers.
c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the
same rates, fees, rentals,and other charges as are uniformly applicable to all other fixed -
based operators making the same or similar uses of such airport and utilizing the same or
similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -
based operator that is authonzed or permitted by the airport to serve any air carrier at
such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of
another air carrier tenant) shall be subject to such nondiscriminatory and substantially
comparable rules, regulations, conditions, rates, fees, rentals, and other charges with
respect to facilities directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of suet] airport and utilize
similar facilities, subject to reasonable classifications such as tenants or nontenants and
signatory carriers and nonsignatory carriers. Classification or status as tenant or
signatory shall not be unreasonably withheld by any airport provided an air carrier
assumes obligations substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any nght or privilege which operates to prevent any person,
firm, or corporation operating aircraft on the airport; from performing any services on its
own aircraft with its own employees (including, but not limited to maintenance, repair,
and fueling) that it may choose to perform.
g
In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply
to the furnishing of such services by contractors or concessionaires of the sponsor under
these provisions.
Airport Assurances (7-94) Page 8 of 12