HomeMy WebLinkAbout132-01 RESOLUTION4.
RESOLUTION NO. 132-01
A RESOLUTION TO APPROVE A GRANT AGREEMENT
WITH THE UNITED STATES DEPARTMENT OF
TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION
AND AUTHORIZATION FOR THE MAYOR TO SIGN
THE GRANT AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS -
Section 1. That the City Council of the City of Fayetteville, Arkansas
APPROVES THE Grant Agreement with the United States Department of
Transportation and Federal Aviation Administration in which the FAA agrees to
fund $2,442,201 and the City shall pay $135,678 for a project to rehabilitate the
Drake Field runway, widen and rehabilitate taxiways and aprons and re -stripe
runway and taxiways.
Section 2. That the City Council of the City of Fayetteville, Arkansas
authorizes the Mayor to execute this Grant Agreement.
PASSED and APPROVED this the 25th day of September, 2001.
APPROVED:
FAYE:
e it, By
a.
Heather Woodruff, City Cl-rk
DAN COODY, Mayo
•
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 132-01
•
09/25/01
Resolution No. 132-01
09/25/01
Grant Agreement for Development Project
09/19/01
Memo to Mayor Coody & Fay. City Council from Gary Dumas, Utility
Services Director, thru Staff Review Committee, regarding FAA/AIP
Grant 3-05-0020-2901
09/18/01
Letter to Mayor Dan Coody from Edward N. Agnew, Manager,
Arkansas/Oklahoma Airports Development Office
09/25/01
(Special Meeting) Staff Review Form
09/27/01
Memo to Gary Dumas, Utilities Services Director, from Heather
Woodruff, City Clerk
NOTES:
•
U.S. Department
of Transportation
Federal Aviation
Administration
• •
0 ya
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
PART I -OFFER
COPY
Date of Offer: SEP 1 8 2zo1 Project No. 3-05-0020-29-01
Airport: Fayetteville Municipal (Drake Field)
TO: City of Fayetteville
(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 12, 2001, for a grant of Federal funds for a project for development of Fayetteville Municipal (Drake Field)
(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:
Rehabilitate and Widen Multiple Taxiways
Expand and Rehabilitate East and West Aprons
Rehabilitate Runway 16/34
all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal
Assistance.
FAA Fann 5100-37 (10-89) Development or Noise Program
ASW Form 5100-37 (7/10)
Page 1 of 5 Pages
r
• •
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, herein called
' Title 49 13 S C ," 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 (b) the benefits to accrue to the
United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein
provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project, 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 $2,442,201.00.
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 Title 49 U.S.C.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will
be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this offer at any 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 on or before September 30, 2001, or such subsequent date as may be prescribed in writing by
the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in
violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means funds, however, used or 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 judgment, to the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other fmal positions of the sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. .
8. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be
incident to, compliance with this grant agreement.
9. 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. 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 AIP Grant 3-05-0020-29-01.
4
FAA Form 5100-37 (1049) Development or Noise Rolgmn
MW Font, 5100-37 (7/10)
Page 2 of 5 Pages
•
• •
11. 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.
12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to
adhere to this provision may cause the letter of credit to be revoked.
13. The Sponsor agrees to perform the following, if this project contains more than $250,000 of paving:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and
procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited
to, all quality control provisions and tests required by the Federal specifications. The program shall include as a
minimum:
1. The name of the person representing the sponsor who has overall responsibility for contract administration for the
project and the authority to take necessary actions to comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project,
together with a description of the services to be provided.
3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and
Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the
method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of
test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and
that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed,
highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions
applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be
submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any
compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of
the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of
required tests not performed or not documented and will be commensurate with the proportion of applicable pavement
with respect to the total pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if
such independent tests determine that sponsor test results are inaccurate.
14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as
Sponsor Contracts.
FAA Form 510037 (10-89) Development or Noise Program
ASW Form 510037 (7/10)
Page 3 of 5 Pages
• •
15. For a project to replace or reconstruct pavement at the airport, the sponsor shall implement an effective airport pavement
maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program
for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a
minimum, the program must conform with the provisions in the attached outline entitled: "Pavement Maintenance Management
Program."
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a
Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the
Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
f!/1 Edward N. Agnew, Manager
((V Arkansas/Oklahoma Airports Development Office
FAA Form 5100-37 (10-89) Development or Noise Program
ASW Form 5100-37 (7/10)
Page 4 of 5 Pages
• •
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 dayof ,cQ20 O M.a 20 O/ .
(SEAL)
By:
City of Fayetteville
of Spons
(Sponsor's Designated Official
native)
Attest:
Title: o7c/ re" 6-fir/C
CERTIFICATE OF SPONSOR'S ATTORNEY
I, I� IT L- i L L 1 ft 01 S , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of
Arkansas. 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 Title 49 U.S.C. In
addition, for grants involving projects to be carred 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 +.
« Ag
this 2-0 day of Sts�n �— 20 0/ .
(Sign's of Sponsor's Attorney)
FAA Fotm 5100.37 (10.89) Development or Noise Program
ASW Fonn 5100-37 (7/10)
Page 5 of 5 Pages
a
OMS Approval Mo. O724-0CA]
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FEDERAL ASSISTANCE
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AIP 3-05-0020-2901
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heal Mann.
City of Fayetteville
ODanuatan.l
Airport
Use :
Department
Acorns (gin Gly. county* slat.. Are Dp wd.J
Airport' Department
4500 S. School, Suite F
Fayetteville, AR 72701
Name and trovew num of CL prig, to On oral 4 on Ramat IWa.nnc
tnt sopa con w.o area tea)
Gary Damas, Airport Manager
501-575-8330
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AirfieldpPa Pavement OP R hab litation which in-
Tfl1. Airport Improvement Program, .
cludes taxiway overlays, taxiway rehabiltta-
tion, runway surface rejuvenation sealer, .
taAna Amato nnea/■crrisamoss. sun WAS
Washirigton-and Benton Counties, Arkansas
•
taxiway widening and strengthening to serve
airport tenent and pavement re -striping.
is. /.O.011=17 M16JECt:
11. COMO■6tIOMAL OpT -.CTS W:
Sun Dao
10-01-01
Ending Dau
07-01-02
a AcoraAnt
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11. ti Af►LICaTOM LULL ta TO Ann ST STATE 02Canrn Oaca tnn ►■OCSSTn
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s 2,442,201 m
..
a IES THIS PREAPPLCATIOWAPP..CATgl WAS LADE AVAILABLE TO THE
STATE EJEQJTIVE ORDER 12372 PROCESS FOR REVIEW ON:
O. Apdad
•s 135,678 .Be
DATE
cwt.
$ 135,678 m
D NO. 0 PROC,aA1/ 6 NOT COVERED BT E.0. 12372
d Lacal
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OR PROGNALA HAS MOT BEEN SO.ECTFD BY STATE FOR REVEW
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1. Prapra Income
$ DO
17. 11 M Antcarf 06 toJc T OM AMT MOW- DCi17
r:. • M "Yea.' enact an enianntin ® M0
u TOTAL
s 2,713,557 �D
IL TO Tel MST d Mr
ALJMOMZED M TMS CIOVIVellpta
teOrLSDO1 AM0 aLLM,. ALL DATA a TOO
AODT /TM AI/LJCAMT AMD
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Dan Coody
Mayor
501-575-8330
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•
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
•
OMB No. 30.salla
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes
X
No
Name of Governing Body
Priority Rating
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Yes
X
Name of Agency or
Board
No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
Yes
No
(Attach Comments)
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
Yes X No
Name of Approving Agency
Date
Item 5.
Is the proposed project covered by an approved
comprehensive plan?
Yes
x
Check one: State
Local
Regional
No Location of plan
r•
Item 6.
Will the assistance requested serve a Federal
installation? Yes X No Federal Population benefiting from Project
Name of Federal Installation
Item 7.
Will the assistance requested be on Federal land
or installation?
Name of Federal Installation
Location of Federal Land
Yes X No Percent of Project
Item 8.
Will the assistance requested have an impact or effect
on the environment?
See instruction for additional information to be
provided.
Yes .XL_ No
Item 9.
Will the assistance requested cause the displacement of
individuals families, businesses, or forms?
X
Yes
No
Number of:
Individual s
Families
Businesses
Farms
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
Yes —X—_— No
See instructions for additional information to be
provided.
FAA Form 5100.1nn I6-731 cuoroccncc CAA pen oM 5100-10 PAGES 1 THRU 7
PA.,. 2
• •
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION orae NO. o•.aoaC)
PART 11 • SECTION C (SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
the r1. Copat able. airport:dUse.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
ic
The Sponsor has adopted Drake Field Ordinance 26^7 which regulates and restricts
all land use activities in the vicinity of Drake Field. This ordinance was
adopted January 20, 1980 and as amended.
Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern-
ment relative CO 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 proceedings)
;hid: in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
. 4. Land.—(a) The Sponsor holds the following property interest in the following areas of land' which are to be developed
or u.;cd 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 hold fee 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 projects. Status has not changed since approval.
Land and easements acquired under AIP 3-0020-05-11 & 15 include easements,
Tracts C, D, F, J, G; and K; 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 adverse interest:
of every kind and nature, including liens, easements, (eases, etc. The separate areas of land need only be identified here by the
area numbers shown on she property map.
FAA Form 5100-100 (4.76)
•
Page 3a
• •
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION
PART 11 - SECTIO C (Continued)
OMB NO. 04.R0209
Thr ?pun -.•r further certify- !hat the aLnte i, Lased 011 a title cxaminali•m by a qualified altonte or title con:pain and thal
51.1• 11 atO.rurt ••r Iillr enigreut Ila- drtee pined Ilial the `pun -..r Ind.;, On aLute proper;' iulrtt IS.
11.1 1 be -11••11-nr tall acquire aillliu a pea-nualde limn. I•ut in inn rtenl prior In the star; of am ninthnn-tiun onrl, wider
the Pr.11e• I the I•.I6 in- pr,:perlt inlere-I iia the ('Ilia. ink arra- u( laud" on hi•'L -urL rnn-lrurli•nI w•,r{, i- 1.. 1,, prrl.lnu• •!
all •.( 11. L ar•a-.u. Idyll! din! .111 IL.•afnrenn"ulinn,d prnperit 11101• Irsitmale.l
None
(c) The ?punsnr will acquire within a reasonable tiulr. and if feasibly prior to the completion of all construction work under
the Project. the following property interest in the following area: of land" which are to Ie developed or used as part of or in
connection with Illy Airport as it will hr upon completion of the Project. all of which areas are identified on the aforementioned
property map designated as Exhibit "A-':
None
5. Exclusive Rights.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the-ponsor except as follows:
None
...state character of property interest in each area and list and identify for each all exceptions, encumbrances. and adverse interests
of every kind and nature, including, liens, easements. leases, etc. The separate areas of land need only be identified here by the
area numbers shown an the property map.
FAA Form 5100-100 01-76) Page 36
°Me NO. 130.ne1BJ
FAA Form 5100-100 (6 73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7
age
PART II•BUDGET INFORMATION — CONSTRIVION
SECTION A — GENERAL
1. Federal Domestic Assistance Catalog No
2. Functional or Other Breakout
20.106
ATP
SECTION B — CALCULATION OF FEDERAL GRANT
Cost Clossificot on
Use only for revisions
Total
Amount
Required
Lotwe Approved
Amount
Adjustment
♦ or (-)
1. Administration expense
S
S
S 1,200
2. Preliminary expense
3. Land,structures, right-of-way
4. Architectural engineering basic fees
-
75,070
5. Other architectural engineering fees
5,500
6. Project inspection fees
76,600
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
2,555,442
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
2,713,812
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
2,713,812
17. Less: Ineligible Exclusions
(255)
18. Add: Contingencies
19. Total Project
Amt. (Excluding Rehabilitation Grants)
2,713,557
20. Federal Share
requested of Line 19 ..
2,442,201
21. Add Rehabilitation Grants Requested
(100 Percent)
22 Total Federal grant requested
(Lines 20 8 21)
2,442,201
23. Grantee share
135,678
24. Other shares (State Aeronautics)
135,678
25. Total project (Lines 22,23 8 24)
S
S
S 2,713,557
FAA Form 5100-100 (6 73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7
age
Totals
•
DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION
SECTION C — EXCLUSIONS
•
0'"6 N. Z.: . .c
Cla s sil icatian
26
Ineligible for
Participation
a
(1!
E.ciVded Irom
Contingency Pro. ision
(7,
d
21. Grantee Share
5
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
a. Securities
S
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
$135,678
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL — Grantee share
$135,678
28. Other Shares
a. State
b. Other
$ 135,678
c. Total Other Shares
29. TOTAL
SECTION E — REMARKS
These Documents are Attached and Incorporated herein:
1. Property map Exhibit "A" dated June, 1991
2. Standard DOT Part V Assurances and Title VI Assurances
$ 135,678
S 271,356
ART
FAA Form 5100-701) 16-731 SUPERSEDESPIRNARRATIVE FAA FORM 5 OO. tO PAGES 1 7Attach — See Instructions
Poor 5
•
• •
PART IV
PROGRAM NARRATIVE STATEMENT
AIRFIELD PAVEMENT REHABILITATION
DRAKE FIELD
FAYETTEVILLE, ARKANSAS
The proposed improvements are located at Drake Field, Fayetteville Municipal Airport,
Fayetteville, Arkansas. The objective of these improvements is to provide an upgraded
airport taxiways and runway pavement, taxiway widening and strengthening and
General Aviation Apron renovation and additions, in accordance with the Master Plan
Update completed in June 1999.
1. The Runway is to be rejuvenated through removing paint and rubber,
applying a rejuvenating sealer and restriping the runway.
The taxiways are to be overlaid, strengthened and widened to 50 feet to
accept the aircraft form the US Forest Service Firefighting Air Tanker
Base to be in operation in 2003
3. The westside general aviation apron is to be expanded for a Air Freight
operation and a portion of the apron to be rehabilitated to provide desired
grades into the adjacent Corporate Hangar and future hangar.
4. The eastside apron is to be expanded to provide access to planned
Corporate Hangars along the east edge of this apron complex.
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PART V
ASSURANCES .
Airport Sponsors
A General
1 These assurances shall be candled with in the performance of grant agreements for airport development. airport planning. and noise
compatibility program grants for airport sponsors.
2. Theseassurances we rewired to be submitted as part of the project appidafbn by sponsors requesting funds under the provisions of Tate
49. U.S.C.. subtitle Vil. as amended. As used herein, the term 'public agerry sponsor means a public agency with contra of a pubic -use
airport the term 'private secretor meets a private owner of a pubic -.ns aiport and the to.... Sponsor includes both public agency
sponsors and private sponsors.
3. Upon acceptance d the grant offer by the spasor. Mese assurances me incorporated In and bee ne pan of the grant agreement.
B. Duration and Applicability.
1. Mrpart developnwnt or Noise Compatibility Program Projects Undertaken by a Pubic Agency Sponsor. The tams. conditions and
assurances of the gram agreement shad remain in full force and effect dsonghout the useful fife of the facilities developed or equipment
acquired for an airport development or raise compatibility program project, or mou4iad the useful life of the project dons installed within a
faeity under a noise compadbiily Program project. but in any event not to exceed twenty (20) years from the date of acceptance of a grant
ala of Federal funds for the pmgect However, there shall be no limit on the duradon of the assurances regarding Exclusive Rights and
Akpat Revenue so long as the airport is used as an airport There shalt be no rota an the duration of the tam; conditions, and assurances
with respect to real property acquired with federal funds. Furthermore, the duration of ate CM Rights asaaarnce stag be specified n the
assurances
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a
private sponsor scope that the usehd roe of project item kutall& within a fadilty or the useful life of the fae9tlas developed or equipment
acquired under an algal development or noise compatihirdy Program project shall be no less Man ten (10) yeas bpm the date of
acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless of envise specified in the grant agreement only Assaarees 1. 2. 3, 5. 6. 13. 18. 30,
32.33. and 34 in sectlon C apply to planning projects. The terns. conditions. and assaancm of the grana agreement shag remain in fun
force and effect during the life of the pitied.
C. Sponsor Certification. The sponse hereby assures and certifies, with expect to this grant that
1. General Federal Requirements. It will comply with all appicabb Federal laws. regulations. executive orders. po8des, guidelines, and
requirements as they react to the application, acceptance and use of Federal funds for this project including but not limited to the bearing:
Federal Lagisiatbn
a. Title 49. U.S.C.. subtitle VII. as amended.
b. Davis-9acan Aa - 40 U.S.C. 276(a) 91122.1
c. Federal Fair Labor Standards Ad - 29 U.S.C. 201 Suit
d. Hatch Act - 5 U.S.C. 1501 Aim?
e. Uniform Relocation Assistance and Real Property Acquisition Pokes Ad of 1970 Title 42 U.S.C. 4601, g(3gy1 2
1 National Historic Presentation Ad of 1966 - Section 106 -16 U.S.C. 4700.1
g. Artheolagid and Historic Preservation Ad of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Ameriram Grave Repatriation Act - 25 U.S.C: Section 3001. g3gg.
i. Clean Air Ad. P.L 90-148. as amended.
j. Coastal Zane Management Act, P.L 93-205 as mended.
It Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012x1
L Tibe 49 .U.S.C.. Seddon 303, (formerly known as Section 40)
m. Rehabifaua+ Ad x.1973 - 29 U.S.C. 794.
n. Civil Rights Act el 1964 - Title VI - 42 U.S.C. 2000d through de.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101 nit .,
p. American Indian Religious Freedom Act P.L 95-341, as an.Med.
q Architectural Barriers Ad of 1968 -42 U.S.C. 4151, ggegal
r. Power plant and Industrial Fuei Use Ad al 1978 - Section 40312 U.S.C. 8373.1
s. Contract Wadi Hours and Safety Standards Act -40 U.S.C. 327, anti
L
Copeland Mtiddd3adt Ad - 18 U.S.C. 874.1
u. National Environmental Policy Ad of 1969 - 42 U.S.C. 4321 gigs
v. Wad and Scenic Riven Act, P.L 90-542. as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, Sag?
Drug -Free Workplace Ad of 1988 - 41 U.S.C. 702 through 706.
1
Airport Assurances (9/99) V-1
• •
•
Executive Orden
Executive Order
Executive Order
Executive Order
Executive Order
Executive Order
Executive Order
Federal Regulations
11246 - Equal Employment Opportuniyt
11990 - Protection of Wetlands
11998 - Flood Plain Management
12372 - Intergovernmental Review of Federal Programs.
12699 - Seismic Safety of Federal and Federally Assisted New Building Consauctionl
12898 - Environmental Justice
a 14 CFR Pat 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enlacement Proceedings.
c. 14 CFR Part 150 - Airport noise mmpadbdiy planning.
29 CFR Part 1 - Procedures for predetermination ofwage rates.l
• a 29 CFR Pat 3 - Contractors and subcontractors on public Wilding or pubic work financed hi whole or part by loans or grants from
the United States.1
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also
labor standards provisions applicable to non -construction contracts subject to the Contract Wok Hours and Safely Standards
Act).1
g. 41 CFR Pat 60 - Office of Federal Contact Compliance Programs, Equal Empkryment Opportunity, Department of labor
(Federal and federally assisted contracting requiremans).l
h. 49 CFR Pat 18 - Uniform administradve requiremenb for grants and cooperative agreements to slate and local govemmerro.3
1. 49 CFR Pat 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Tide VI of
the Civil Rights Act of 1964.
49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessioe.
49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted prograns.1 2
It.
m. 49 CFR Part 28 - Participation By Disadvantaged Business Enterprises in Department of Transportation programs,
n. 49 CFR Pail 27 - Nodisov .inadon on the basis of handicap in programs and activities receiving or benefitting from Federal
filarial assbmnce.1
o. 49 CFR Part 29 - Government wide debarment and suspension (non -procurement) and government wide requfemems for drug-
free workplace (grants).
p. 49 CFR Pat 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market
access to U.S. contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building wnstrrction,1
Office of Management and Budget Circular
a. A87 - Cost Principles Applicable to Gants and Contracts with State and Loaf Governments.
b A-133'- Audits of States. Local Governments. and Non -Profit Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance.
Any requirement levied upon State and Local Governments by this regulation and similar shall also be applicable to private
sponsors receiving Federal assistance under Tide 49, United States Code.
Specific assurances required to be included In grant agreements by any of the above laws, regulations or circulate we 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
resdul on, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the
filing of the application• including all understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection wiN the application and to provide such addTanal
information as may be required.
b. Private Sponsor tt has legal authority to apply for the grant and to finance and carry out the proposes project and comply with all
terns. condition, and assurances of this grant agreement It shad 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 a t in caneedah with
this applf®tion: 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 ane not to be paid by the United
Sates. It as sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or
control.
4. Good Tale.
a It, a puhfc agency or the Federal government holds good tide, satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good tide will be acquired.
b. For noise compatibility program projects to be carried out m the property of the spavor, it holds good Mb satisfactory to the Seaetary
to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title %d be
obtained.
Airport Assurances (9/99) V-2
• •
22. Economic Nondiscrimination.
a. It well mane the airport available as an airport for public use on reasonable terms and without unjust d scrimitate° to al types. kinds
aid classes of aeronautical activities. including commercial aeronautical activities offering services to the public at the airport.
b. In any agreement Contract lease, or other arargernent under which a right or privilege at the airport is grated to any person. firm, or
corporation to conduct orb engage in any aeronaud®1 activity for furnishing services to the public at the *pal. the sponsor wit irnen
ad enforce provisions requiring the cat mix to -
(1) finish said servicer on a reasonable and not unjustly decimat s% base t atl users thereof. and
(2) dnarge reasonable, and not unjustly discriminatory, prices for each unit or senkx, provided that the contactor may be Clewed to
make remade and nondiscriminatory discounts. rebates. or other sinker types of prim reductions to volume purchasers.
c. Fact feed -based operator at the airport stall be subject to the same rates. fees. rentals. and cher charges as are uniformly appicable
to all other fixed -based operators making the same or similar uses of such aipot and utilizing the sane or similar facilities.
d. Each air carder using such airport shay have the right to service itself or to use any fixed -based operator Orate a ttnor¢ed or permitted
by the airport to serve any ail carrier at such airport.
e. Each air Care using such airport (whether as a tenant. nontenant or subtenant of another ail outer tenant) shall be subject to such
nondiscriminatory and substantially comparable rules. regulations. conditions. rates, fees. rerntae, and other charges with respell to
facilities directly and substantially related to providing air transportation as are applicable b all such air tamers wtidh make sirdar use
of such airport and utifae similar faddties, subject to reasonable classifications such as tenants or nontenants and signatory omen
and nonsignatory criers. Classification or stabs as tenant or signatory shad not be urseahorably withheld by any airport provided an
air carrier assumes obligations substantially simtar to those already imposed on air carriers in such classification or status.
f. it will not exercise or grant any right or privilege which operates to prevent any person, firm, or uprporstion operating aircraft on the
airport from performing any services an its own aircraft with its own employees [including. g. but not faded to maintenance, repar. and
fueling] that It may choose to perform.
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 appy to the furnishing of such services by commercial aeronautical service providers
authorized by the spa or under these provisions.
h. The sponsor may establish such reasonable. and not unjustly discriminatory. oond tiers to be mer by all tsars d the airport as may be
necessary for the safe and efficient operation of the airport
The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the public.
73. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide. aeronautical
services to the public. For purposes of the paragraph. the providing of the services at an airport by a single Posed -based operator shall not
be construed as an exclusive right if both of the fdlowtng appy:
a. ft would be unreasonably costly. burdensome. or nmpraetlol for more than one fixed -based operator to provide such services, and
b. 11alowig more than one Pomd-based operator to provide such services wprlo rewire the reduction of spam leased pursuant to an
existing agreement between such single fixed -based operator and such arpot
It further agrees that ft will not, either directly or indirectly, grana or pennit any person, firm. or caporaticn, the exduahme right at the
airport to conduct any aeronautical activities. including, but not fimded to charter fights. pilot training. aircraft rental and sightseeing,
aerial photography, sop dusting. aerial advertising and surveying, air caner operations, aircraft sales and services, sale of aviation
petroleum produdswemether or not conducted in conjunction with other aeronautical activity. repair and maintenance of aiaaf, sale of
auaaft parts, and any other activities which because of their diad relationship to the operation of aircraft can be regarded as an
aeronautical activity. and that it will terminate any exclusive right to conduct an aeronautical activity now exerig at such an airport
before the grant of any assistance under Title 49. United States Code.
24. Fee and Renal Structure. It will makdain a fee and rental structure for the facilities and services at the *sir! which will make the airport
as sett -sustaining as passible under the circumstances existug at the particular airport taking Ulla account lath factors es the vdune 01
traffic and economy of collection. NOpartof the Federal share of an airport development airport planning or noise mmpatlbThty project for
which a grant is made under TAB 49. United States Coda, the Airport and Airway Improvement Ad of 1982, the Federal Airport Ad or the
Airport and Airway Development Ad of 1970 shall be included in the rate basis in establishing fees, rates, and Charges for men of that
airport.
9•
Airport Assurances (9/99) V-5
• •
25. Airport Revenues
a. Al reveres generated by the airport and any local taxes on aviation fuel este:def e t alter December 30. 1987, MI be expended by it
for the capital or operating costs of the airport the local airport system; or other local facilities which are owned or operated by the
rawer or agitator of the airport and which am directly and substantially related to the aural air transportation of passengers or
property: or fpr noise mitigation purposes an or off the airport Provided. however. that if covenants or assurances in debt obligations
issued before September 3. 1982. by the owner or operator of the airport. or provisions enacted before September 3. 1982. in
governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any al the airport owner or
operator's facilities, including the airport, to support not only Me airport but afro the airport owner or operator's general debt obegatiore
or other facilities. then this imitation an the use of all revenues generated by the airport (and, in the rase of a public airport local taxes
on aviation fuel) shal not apply.
D. As pat of the annual audit required under the Single Audi Act of 1984. the sponsor will direct that t e audit will review. and the
resulting aid report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a). and indicating whether
haws paid or transferred to the owner or operator am paid ce transferred in a manner consistent with Title 49, United States Code ad
any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other saiictiorn will be imposed for violation of this assurance in accordance with the prowgre of Section 47107
of Title 49. United States Code.
26. Reverts and Inspections It well:
8. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make
such reports available to the pubtia make available to the public at reasonable times and places a report of Me airport budget in a
format prescribed by the Secretary;
b for airport development projects. make the airport and as airport records and documents affecting the alpett including deeds. leases,
operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the
Secretory upon reasonable request
C. for noise compatibility program projects. make records and documents relating to the project and continued compliance with the tams.
conditions. and assurances of the grant agreement including deeds, leases. agreements, regulations. and other instruments. available
for inspection by any duly authorized agent of the Secretary upon reasonable request and
d. in a forma and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal
yeas, an anual report listing in detail:
(1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
(ii) at services and property provided by the airport to other units of government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal finance' assistance and as
Buse usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all tknes
without dage. except if the use by Government aircraft is substantial. charge may be made for a reasonable share. proportional to such
use for the cost of operating and maintaining the facilities used. Unless othe.Wse determined by the Secretary. or of anise agreed to by
the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations 01 such
aircraft are in excess of those which. in the opinion of the Secretary. would unduly interfere with use of the landing areas by other authorized
aircraft, or during any calendar month Ma-
a. Five (5) or mom Govenenent aircraft are regularly based at the airport or on land adjacent thereto:
•
b. The total number of movements (counting each landing as a movement) of Government aircraft is 304/Or more, or the gross
accumulative weight of Government aircraft using the airport (the total movement of Goverment aircraft multiplied by gross
weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities It will furnish without cast to the Federal Government for use in connection with any ar traffic control air air
navigation activities. or weather -reporting and ammunicatbn activities related to alt traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation. and maintenance
at Federal expense of space or facilities for such purposes. Such seas or any portion thereof will be made available as provided herein
within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of Me airport and all proposed additions
thereto. together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto: (2) the location and nature of all existing and proposed airport facades and structures (such as runways. taxiways,
aeons. terminal buildings. hangars and roads), including all proposed extensions and reductions of existing airport facilities: and (3)
the Iodation of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and
each amendment revision, or modification thereof. shall be subject to the approval of the Secretary which approval shall be evidenced
by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sporeor will not make
or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as
approved by Me Secretary and which might in the opinion of the Secretary. adversely abed the safety, utility or efficiency of the
airport.
Airport Assurances (9/99) V-6
• •
5. Pmeerving Rights and Powers
a. h will not take or permit any action whicJh would operate b deprive t ex any of the rights and Powers newsaay to Prom any a a9 of
the term, cordons. and assurances in the grant agreement without the mitten appo at of the Seoemry. and our ad pnsnpdy to
acquire. extinguish or modify any outstanding rights or dakns or right of others ..nidi would interfere with such performance by the
sponsor. This shat be done in a manner acceptable to the Secretary.
b. It will not sea lease. encumber. or otherwise transfer or dispose of any part of its mise or other interests in the property shown on Exhibit
A to the =Oman or. for a noise compatibility Program project. that portion of the granny upon which Federal hods have been
expended, for the duration of the taro, °madam. and assrarces in the gram agreement without approval by the Seaelry. t the
transferee is found by the Secretary to be eligible under rise 49. United States Code. to assume the obligations of the gnat agreement
and to have the paver, authority, and financial resources to tarty out all such obligations. the sponsor shag insert in to contract a
document transfent g a deposing er the sponsors interest and make binding upon the transferee all of the term, conditions, and
assurances contacted in this grata agreement
c. For as nrise compatibly program pitects which are to be carried out by another unit of tool goverment or an on property owned
by a unit of local government other than the sponsor. it will enter into an agreement with that goverment Except as otherwise
specified by the Secretary. that agreement shall obligate that goverment to the sane terms. cordtion% and assurances that would be
applicable to d it applied dandy to the FAA for a gram to undertake the noise cvnpabbi ity program project That agreement and
changes thereto rust be satisfactory to the Secretary. It will take steps to enfors this agreement against the local government if there
is substantial nen-WmplIant a with the terns of CM agreement
Fa rocs oompabbifty program projects to be carried out on privately awed property. it `sit enter into an agreement with the owner of
that popery 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 teens of the agreement
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.
1. 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 Tela 49, United Slates Code. the regulations and the Irma, conditions and assurances in the grant
agreement and shat insure that such arrangement also requires compliance herewith.
0. Consistency with Local Ptans. The project is reasonably consistent with plans (existing at the lime of submission of this appkcation) of
public agencies that am authorised by the Sate in which the project is looted to plan Inc Me development of the area surrounding the
airport
7. Consideration of Local Interest It has given fair consideration to the interest of communities in or near More the project may be located.
6. Consultation with Users In making a derision to undertake any airport development project under Tate 49. United States Code it has
undertaken reasonabie 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 rummy. 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 is consistency with goals and objectives of such panning m has been carried out by the commaiy and It shad, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further. for such projects, it has ah its
management board either voting representation mom the communities where the project is located or has advised the communities that they
have the right to petition the Secretary conceming a proposed project
10. Alt and Water Quality Standards In projects involving airport location, a major runway extension, or hurray (notion it will provide for the
Governor of the state hi which the project is located to certify a writing to the Secretary that the project wit be looted, designed.
coltsaucled. and operated se as 10 campy with applicable air and water quafity standards. In any case where such standards have not
been approved and where appkabe air and water quality standards have been promulgated by the Administrator of the Emifpnnental
Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within
sixty days after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1. 1995. for the replacement or rearmWction of
pavement at the airport. it assures or certifies that it has implemented an effective tarpon pavement maintenance -management program and
it assures that it will use such program Inc the useful life of any pavement constructed. reconstructed or repaired with Federal financial
assistance at the airport It will provide such reports on pavement condition and pavement management programs as the Sectary
detemines may be useful.
12. Terminal Development Prerequisites For projects which include terminal development at a public use airport as defined in Tito 49. it
has, on the date of submittal of the project grant application, all the safety equipment required for certification of such akpat under section
44706 of Tale 49, United States Code, and at the security equipment required by Nla or regulation. and has Provided Inc 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 Record Keeping Requirements
a. It shat keep at 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
oma of the project supplied by other sources, and such other financial records pertinent to the project The amounts and records shall
be kept in attendance with an atxshating system that Wil facilitate an effective audit k1 accordance with the Single Audit Act of 1984.
b. fished make available ate Secretary and the Comptroller General of the United Sates, or any of their duly authorized
representatives, for the purpose of audit and examination. any books, documents, papers and recd th of the receded that are
peaent to the grant The Secretary may require that an appropriate audit be conducted by a recipient In any case in Mich an
.dependent audit is made of the account of a sponsor relating to the dispos4ion of the proceeds of a grant Or relating to the Project in
=mann with which the gram was given or used. it shall fide a certified copy of such audit with the Compeller General of the United
Sates not tater than six (6) months following the dose of the fiscal yea for which the audit was made.
e.
Airport Assurances (9/99) V-3