HomeMy WebLinkAbout125-02 RESOLUTIONRESOLUTION NO. 125-02
A RESOLUTION AUTHORIZING AIRPORT STAFF TO APPLY
FOR AND ACCEPT AN AIRPORT IMPROVEMENT PROGRAM
GRANT (AIPG) FROM THE U.S. FEDERAL AVIATION
ADMINISTRATION IN THE AMOUNT OF ONE HUNDRED FIVE
THOUSAND FIFTY-SEVEN DOLLARS ($105,057.00) FOR THE
TAXIWAY "A" EXTENSION PROJECT.
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
hereby authorizes Airport Staff to apply for and accept an,,Airport Improvement
Program Grant (AIPG) from the U.S Federal Aviation'Administration 'in -the
amount of One Hundred Five Thousand Fifty -Seven Dollars ($105,057.00) for the
Taxiway "A" Extension Project.
PASSED and APPROVED this 20th day of August, 2002.
OODRUFF, 'ity Clerk
APPROVED:
By:
1
1
z
3
4
5
i,
7
S
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NAME OF FILE:
CROSS REFERENCE.
Resolution No. 125-02
•
08/20/02
Resolution No. 125-02
Copy of the Grant Agreement (Original mailed to U. S. Department of
Transportation / Federal Aviation Administration)
07/26/02
Copy of the Application for Federal Assistance
08/14/02
Letter to Mayor Coody from Edward N. Agnew, Manager,
Arkansas/Oklahoma. Airports Development Office
07/26/02
Memo to Fayetteville City Council thru Staff Review Committee from
Ray M. Boudreaux, Director, Airport, regarding Grant Review - ALP 30,
Taxiway "A" Extension Design & Engineering
07/23/02
Letter to Ray Boudreaux, Airport Manager, from R. Wayne Jones, P.E.,
Vice President of McClelland Consulting Engineers, Inc
08/20/02
Staff Review Form
08/21/02
Memo to Ray M. Boudreaux, Airport/Aviation & Economic
Development, from Heather Woodruff, City Clerk
NOTES:
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U.S. Department
of Transportation
Federal Aviation
Administration
7/L
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GRANT AGREEMENT ' COPY.
FOR DEVELOPMENT PROJECT
PART I -OFFER
Date of Offer: August 14, 2002 Project No. 3-05-0020-030-2002
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 August 8, 2002, for a grant of Federal funds for a project for development of the Fayetteville Municipal (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:
Taxiway "A" Extension, Phase I: Design
all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal
Assistance.
FAA Form 5100-37 (10-89) Development or Noise Program
ASW Form 5100-37 (7/10)
Page 1 of 5 Pages
NOV-19-2002 TUE 09:08 AM FA MUN. AIRPORT
47971876460 P. 02
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, herein called
"Title 49 U.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 TH.E UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project, ninety percenntm of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
I. The maximum obligation of the United States payable under this offer shall be 5105,057.00.
2. The allowable costs ot'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 he made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United Smtes 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 cotnply with the assurances which were made part of the
project application.
5. The FAA reserves the right to atnend or withdraw this offer at any tme 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 1, 2002, or such subsequent date as may bo 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 shell 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 bonds 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 w recover such funds. All settlements or other final positions of the sponsor. in court or
ntherwise, 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.
M. The property snap referred to on Page I of this Grant Agreement is the Property Map, Exhibit "A, included as part of the
Airport Layout Plan approved March 21, 2000.
FAA room 5106.» (10.89) Dovolopme,n ur Haim, Ymyrmn
ASW Funu 5100.31 (7110)
Page 2 of 5 Pages
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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. Fumish 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 being
developed in this grant agreement.
•
FAA Fain 5100-37 (10-89) Development or Noise Program
ASW Form 5100.37 (7/10)
Page 3 of 5 Pages
•
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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 ADMINIST • ION
Edward N. Agnew, Manager
Arkansas/Oklahoma Airports Dev op t ent Office
FAA Fonn 5100.37 (10-89) Development or Noise Program
ASW Form 5100-37 (7/10)
Page 4 of 5 Pages
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PART II - 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 ��� �
day of dera," , 20 Oil.
(SEAL)
(Sponsor's Design. Official Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
1, vii— 1 1 p its 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 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
this 2-1-1-L day of
Si!)nature of Sponsor's Attorney)
FAA Form 5100-37 (10-89) Development or Noise Program
ASW Fomt 5100-37 (7/10)
Page 5 of 5 Pages
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APPLICATION FOR
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OMB Approval No. 0348-0043
FEDERAL ASSISTANCE
2. DATE SUBMITTED
July 26, 2002
Applicant Identifier
1. TYPE OF SUBMISSION:
plication
Preapplication
3. DATE RECEIVED BY STATE
State Application Identifier
Li Construction
• Construction
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier �r
+lt-Y- 3 - oC-0o2A- 30,07-
2 Non -Construction
0 Non-Construetlon
63.A4.02.
5. APPLICANT INFORMATION
Legal Name:
City of Fayetteville
Organizational
Airport
Unit:
Division
Address (give city. county, State, and zip code):
Fayetteville Muniti al Airport
4500 S. School, Fayetteville, AR 72701
Name and
this application
Ray Boudreaux,
479-718-7642
telephone number of person to be contacted on matters involvin(
(give area code)
Director of Aviation & Eco Dev
6. EMPLOYER IDENTIFICATION NUMBER(EIN):
7. TYPE OF APPLICANT: (enter appropriate letter in box)
C
711
—
6101118141612
A. State H. Independent School Dist.
8. TYPE OF APPLICATION:
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
New ❑ Continuation
•
Revision
D. Township K. Indian Tribe
I1 Revision, enter appropriate letter(s) In box(es)
E. Interstate L. Individual
Increase Award B. Decrease Award C. Increase Duration
F. Intermunicipal M. Profit Organization
G. Special District N. Other (Specify)
A
D. Decrease Duration Other(specify):
9. NAME OF FEDERAL AGENCY:
DOT FAA SW Region, Fort Worth, TX
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER.
11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT:
2 I 0—
1 I 0 I 6
"A" & Engineering
Taxiway Extension - Design
TITLE: Airport Improvement Program
(AIP)
12. AREAS AFFECTED BY PROJECT(Cities, Counties, States, eta):
Washington County, Arkansas
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF:
Start Date
9/1/02
Ending Date
11/30/02
a. Applicant
Third
b. Project
Third
15. ESTIMATED
FUNDING:
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
ORDER 12372 PROCESS?
a. Federal
$ m
105,057
a. YES. THIS PREAPPUCATION/APPUCATION WAS MADE
b. Applicant
500
5,837
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON:
a State
$ 0°
5,836
DATE
d. Local
$ 00
b. No. 0 PROGRAM IS NOT COVERED BY E. 0. 12372
e. Other
$ 00
0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
1. Program Income
$ 00
17. IS THE APPUCANT DEUNQUENT ON ANY FEDERAL DEBT?
g. TOTAL
$ m
116,730
0 Yes If 'Yes,' attach an explanation. ® No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY
ATTACHED ASSURANCES IF THE ASSISTANCE 15 AWARDED.7
APPUCATIONIPREAPPUCATION ARE TRUE AND CORRECT, THE
OF THE APPUCANT AND THE APPLICANT WILL COMPLY WITH THE
a. Type Name of Authorized Representative
Dan Coody
b. Title
Mayor
// / ,
ilib
c. Telephone Number
(479) 575-8330
d. Signature of Authorized Representative
e. Date Signed Q
Previous Edition Usable
Authorized for Local Reproduction
Standard Form 424 (Rev. 7-97)
Prescribed by OMB Circular A-102
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DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II • SECTION C (Continued)
OMB NO. 04-R0209
The Sponsor further certifies that the above is Lased on a title examination by a qualified attorney or title company and that
such attorney or title company has determined that the :Sponsor holds the above property interests.
(b) The Sponsor will acquire within a reasonable time. hut in any event prior to the start of any construction work under
the Project. the following property interest in the following areas of land* on which such construction work is to be performed.
all of which areas are identified on the aforementioned property map designated as Exhibit "A":
None
(c) The Sponsor will acquire within a reasonable time. and if feasible prior to the completion of all construction work under
the Project, the following property interest in the following areas of land* which are to he developed or used as part of or in
connection with the Airport as it will he 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 zponsor 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 on the property map.
FAA Form 5100-100 (4-75) Page 3b
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DEPARTMENT OF TRANSPORTATION — FEDERAL. AVIATION ADMINISTRATION
OMB NO. 04.A0209
PART II • SECTIOtN C (SECTION B OMITTED)
•
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. -The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
The Sponsor has adopted Drake Field Ordinance 2607, which regulates andrestricts
all land use activities in the vicinity of Drake Field. This ordinance was
adopted January 20, 1980 and as amended.
2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency 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 proeeedinvs)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or cam• out ther
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 used as part of or in connection with the Airport, subject to the following exceptions. encumbrances, and adverse interests.
all n( 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 11.
'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and aduerse interests
of every kind and nature, including lien,, easements. leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property mop.
FAA Form 5100-100 (4.76) Page 3a
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DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. elRele.
PART II
PROJECT APPROVAL INFORMATION
SECTION A
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, educotionol or health clearances?
Nome of Agency or
Board
Yes X No (Attach Documentotion)
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
X Yes No
(Attach Comments)
•
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
Yes
X
No
Nome of Approving Agency
Dote
Item 5.
Is the proposed project covered by an approved Check one: State 1—
comprehensive plan? Local
Regional E
Yes X No Location of plan
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? • Yes X No Federal Population benefiting from Project
•
Item 7.
Will the assistance requested be on Federal land Name of Federal Installation
or 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?
Yes
X
No
See instruction for additional information to be
provided.
Item 9.
Will the assistance requested cause the displacement of
individuals families, businesses, or farms?
X Yes No
Number of•
Individual s
Families
Businesses
Farms
Item 10.
Is there other related Federal ossistance on this See instructions for additional information to be
project previous, pending, or anticipated? provided.
X
Yes No
FAA Form 5100-100 16-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 TH RU
Pooe 2
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DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION
OMB NO. eo.Rote4
FAA Form 5100-100 16 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 TNRU 7
Page 4
PART III/BUDGET INFORMATION - CONSTRIPIION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No
2. Functional or Other Breakout
20:106
•
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Totol
Amount
Required
Latest Approved
Amount
Adjustment
+ or (-)
1. Administration expense
S
S
S
2. Preliminary expense
3.. Land,struclures, right-of-way ,
4. Architectural engineering bask tees
53,880
5. Other architectural engineering fees Testing
13,070
6. Project inspection fees
49, 780
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project
improvement
12. Equipment
13. Miscellaneous
14. Total
(Lines 1 through 13)
116, 730
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
.
116, 730
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project
Amt. (Excluding
Rehabilitation Grants)
116, 730 ' •
20. Federal Share requested of Line 19
105,057
21. Add Rehabilitation Grants Requested
(100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
105, 057
23. Grantee share ,
5,837.
24. Other shares
5,836
25. Total project (Lines 22, 23 & 24)
S
S
$ 116, 730
FAA Form 5100-100 16 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 TNRU 7
Page 4
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DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION
•
oue NO 6:•-a :its
SECTION C — EXCLUSIONS
Classification
26
Ineligible for
Participation
0)
Excluded Iron
Contingency Provision
• (2)
is.
s
$
b.
c
d.
o.
1.
g. Total,
S
S
s
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
21. Grantee Share
S
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
5, 837
d. Bonds
e. Tax Levies
1. Non Cash
g. Other(Explain)
h. TOTAL — Grantee share
5,837
28. Other Shares
a. State
5,836
b. Other
c. Total Other Shares
29. TOTAL
SECTION E — REMARKS
5.836
5 11,673
•
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Form 5100.100 (S-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
Page 5
1
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PART IV
PROGRAM NARRATIVE STATEMENT
PARALLEL TAXIWAY
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 a parallel
taxiway addition, in accordance with the Master Plan Update completed in June 1999.
1. The design services for a partial parallel taxiway on the east side of the
runway to serve the USDA Forest Service Fire Fighting Tanker Base.
J:N2002\022103tcorrespondence narrative.wpd
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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 'nue
49, U.S.C., subtitle VII, as amended. 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-sporisor 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 en 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 assurances regarding Exclusive Rights and
Airport Revenue so long as the airport Is used as an airport. There shag be no limit on the duration of the teens, conditions, and assurances
with respect to real property acquired with federal funds. Furthermore, the duration of the CMI 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 shag 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 shag remain in fug
force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders. policies, guidelines, and
requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
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 sea.
d. Hatch Act - 5 U.S.C: 1501 et seo.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601 21 222,1 1 2
f. National Historic Preservation Act of 1966 - Section 106. 18 U.S.C. 470(1).1 '
O. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea.
I. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L 93-205. as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
I. Titre 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabiltation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI -42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L 95-341, as amended.
q Architectural Baniers Act of 1968 -42 U.S.C. 4151 et seo.1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327 et sea)
L Copeland Antildckback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 gt aeq,t
v. Wgd and Scenic: Rivers Act, P.L. 90542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg?
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Assurances (9/99) V-1
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Executive Orders
Executive Order 11246
Executive Order 11990
Executive Order 11998
Executive Order 12372
Executive Order 12699
Executive Order 12898
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- Equal Employment Opportunity)
- Protection of Wetlands
— Flood Plain Management
- Intergovernmental Review of Federal Programs.
- Seismic Safety of Federal and Federally Assisted New Building Construction)
- Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1
e. 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)
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 Work Hours and Safety Standards
Act).1
41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor
(Federal and federally assisted contracting requirements).)
h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 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.
49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.) 2
49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs.
49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal
financial assistance.)
49 CFR Part 29 — Govemment wide debamient and suspension (non -procurement) and govemment wide requirements for drug-
free workplace (grants).
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.
49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.1
9.
k.
m.
n.
a.
P•
q.
Office of Management and Budget Circulars
A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
a.
D A-133 - Audits of States, Local Govemments, and Non -Profit Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Govemments receiving Federal assistance.
Any requirement levied upon State and Local Govemments by this regulation and circular shall also be applicable to private
sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor. It has legal authority to apply for the grant. and to finance and carry out the proposed project; that a
resolution, motion or similar actionhas 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 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 as 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, a public agency or the Federal govemment, 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 tine 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 (9/99) V-2
•
•
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any o1 the dghts and powers necessary to perforin any or all of
the terms, conditions. and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to
acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber. or otherwise transfer or dispose of any part of its title or other Interests In the property shown on 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. 11 the
transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement
and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall Insert In the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the temts, 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 govemment 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 govemment ff Were
is substantial nonrampllance with the teens 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. It will take steps to enforce this agreement against the property
owner whenever there Is substantial noncompliandewith 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 Title 49, United States Code, the regulations and the teens, 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.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code 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 ma or 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 carded 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 shag be provided within
stilly days after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport it assures or certifies that it has implemented an effective airport pavement maintenance -management program and
it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined In Title 49. It
has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section
44706 of Title 49, United States Code, and all the security equipment required by nits 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 cancer aircraft.
13. Accounting System. Audit. and Record Keeping 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.
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.
Airport Assurances (9/99) V-3
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 47112 of Title 49. United States Code.
However. this preference shall apply only where the individuals are available and qualified to perform the work to which the employment
relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the
Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant
agreement. Any modification to the approved 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
sub'ect 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. It will execute the project in accordance with the approved program narrative contained in the project application or with the
modifications similarly approved.
b. It will fumish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a
grant provided by the United States.
d. It will make such material available for examination by the public. and agrees that no material prepared with funds under this project
shall be subject to copyright in the United States or any other country.
e. It will, give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in
connection with this grant.
f. t will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or
any part of this project as well as the right to disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material
developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any
pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled
by the United States. shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or
permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith, with due regard to cfmatic and flood conditions. Any proposal to temporarily
close the airport for non-aeronautical purposes must first be approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(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.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of
land adjacent to or in the immediate 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 w411 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.
Airport Assurances (9/99) V-4
•
22. Economic Nondiscrimination.
It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds
and classes of aeronautical activities. including commercial aeronautical activities offering services to the public at Lhe airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person. firm, or
corporation to conduct or to engage in any aeronautical activity for furnishing services to the public al the airport. the sponsor will insert
and enforce provisions requiring the contractor to -
(1) furnish said services on a reasonable. and not unjustly discriminatory, basis to all users thereof, and
(2) charge 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 the airport shall be subject to the same rates, fees. rentals, and other charges as am 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 carder using such airport sha0 have the right to service itself or to use any fixed -based operator that is authorized or permitted
by the airport to serve any air carder at such airport.
e. Each air carder using such airport (whether as a tenant, nontenant, or subtenant of another air carder 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 re ated to providing air transportation as are applicable to all such air carriers which make similar use
of such airport and utilize similar fac lities, subject to reasonable classifications such as tenants or nontenants and signatory carters
and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an
air caller assumes obligations substantially similar to those already imposed on air carders in such classiflwtlon or status.
1. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the
airport from performing any services on its own aircraft with its own employees [including, but not Whited to maintenance, repair, 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 apply to the furnishing of such services by commercial aeronautical service providers
authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable. and not unjustly discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
I. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It wig permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical
services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not
be construed as an exclusive right If both of the following apply:
a. It would be unreasonably costly. burdensome, or impractical for more than one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an
existing agreement between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the
airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air caller operations, aircraft sales and seMces. sale of aviation
petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an
aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49. United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and 'services at the airport which will make the airport
as self-sustaining as possible under the circumstances existing at the particular airport. taking Into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an a rport development, airport planning or noise compatibility project for
which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the
Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that
airport.
a.
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g.
Airport Assurances (9/99) V-5