HomeMy WebLinkAboutResolution - 3706 - Grant Agreement - FAA - Development Project, LIA - 09_12_1991Resolution No. 3706
September 12, 1991
Item #15
LLC:js
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock Grant Award No.
3-48-0138-10 from the Federal Aviation Administration for Airport land acqui-
sition and snow equipment. Said Agreement is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 12th
ATTEST:
L
APPROVED AS TO CONTENT:
a
ern E. Case, Director of Aviation
APPROVED AS TO FORM:
Linda L. C ama es, Assistant City
Attorney
day of September , 1991.
c
B. C. McMIN7, MAYOR
Date of Offer:
GRANT AGREEMENT
f
Resolution No. 3706
September 12, 1991
Item #15
FOR DEVELOPMENT PROJECT
PART 1-OFFER
Q Project No. 3-48-0138-10
Airport: Lubbock International Airport Contract No. DOT FA 91 SW-8305
TO: city of Lubbock
(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 26, 1991, for
a grant of Federal funds for a project for development of the Lubbock
International 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:
Acquire snow broom; Acquire land ( fee simple title to tracts A and B as
shown on property map exhibit "A", or other property interests satisfactory
to the Administrator)
all as more particularly described in the property map and plans and
specifications incorporated in the said Application for Federal Assistance.
FM Form 5100-37 (2-88) Development or Noise Program Page 1 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Airport and Airway Improvement Act of 1982, as amended
by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein
called the "Act," and/or the Aviation Safety and Noise Abatement Act of
1979, and in consideration of (a) the Sponsor's adoption and ratification
of the representations and assurances contained in said Project Application
and its acceptance of this Offer as hereinafter provided, and (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, 90 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 $500,000.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States share of the allowable project costs
will be made pursuant to and in accordance with the provisions of
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, 1991, or such
subsequent date as may be prescribed in writing by the FAA.
FM Form 5100-37 (2/88) Development or Noise Program Page 2 of 5 Pages
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 judgement, to the Secretary. It shall
furnish to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or
to any settlement, litigation, negotiation, or other efforts taken to
recover such funds. All settlements or other final positions of the
sponsor, in court or otherwise, involving the recovery of such
Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident
to, compliance with this grant agreement.
9. 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.
10. The sponsor agrees to request cash drawdowns on the authorized letter
of credit only as and when actually needed for its disbursements and
to timely reporting of such disbursements as required. It is
understood that failure to adhere to this provision may cause the
letter of credit to be revoked.
11. 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.
12. The property map referred to on Page 1 of this Grant Agreement is the
Property Map, Exhibit "A", attached to the Application for Federal
Assistance attached hereto.
FAA Form5100-37 (2-88) Development or Noise Program
Page 3 of 5 Pages
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 the Act, 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
EDERAL AVIATION ADMINISTRATION
OF
Manager, Airports Division
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 12th day of September , 1991
By
( SEAL)
Title Mayor
Attes L4:226
Title: City Secretary
CITY OF LUBBOCK, TEXAS
(Name of Sponsor)
FAA Form 5100-37 (2-88) Development or Noise Program Page 4 of 5 Pages
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Linda L. Chamales
hereby certify:
, acting as Attorney for the Sponsor do
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Texas
Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor relating thereto, and find that the acceptance
thereof by said Sponsor and Sponsor's official representative has been
duly authorized and that the execution thereof is in all respects due and
proper and in accordance with the laws of the said State and the Act.
In addition, for grants involving projects to be carried out on property
not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that
the said Grant Agreement constitutes a legal and binding obligation of
the Sponsor in accordance with the terms thereof.
Dated at this 12th day of September , 19 91
signature of sponsor-s Attorney Linda L. Chamales
APPROVED AS TO FORM:
Assistant City Attorney
APPRO LDASTO CONTENT:
Bern E. Case, A.A.E., Director of Aviation
FAA Form 5100-37 (2-88)Development or Noise Program Page 5 of 5 Pages
OMl Approval No. 0344"3
AFFLK,A I IWO rVM
FEDPEAAL ASSISTANCE
2. WE SUOssrrriD
Apdiunt tdsrwher
AUGUST 26 1991
I. rr►t OF susmiswK.
L 6ATt ouctwro rr PATi
Seta Appr:caton tdrnti(iar
AcdKa+a++ Pr+aad�catron
O Coristrml on ❑ Construction
a. DATt REtttYED By rMOA . A4E)s"
FyOeral 1Denrtgr
Non-COnstrucucn ❑ Non-C"ruction
1. A/PLP"WT W"ImEAT10N
Lao Noma CITY Uf LUBBOCK Lk'A:
organ�ettona,
LU
BBOCK RNATIONAL AIRPORT
INTECITY
AoOrw (g" city. courtly, stare. we zip code)
Name aWd %40h rte nunttw of Ute poson to be oontecud an mature enanmq
ROUTE 3 BOX 389
1A" &Wcat 1 a" Ams f?o&)
LUBBOCK
BERN C. CASE, A.A.E.
LUBBOCK COUNTY, TEXAS 79401
DIRECTOR OF AVIATION
(806) 767-2035
a- (EYILOY't11 tOtknn"T1pN k"011R 4000:
7. TY►t OF APPUCAM: Hitter a~ate letter to box) El
7 5— 16 10 1 01 0 -5-1 9 0
A` Sat' " "td•pw%do t Sd'oot Dtat.
s Coway t State C Won.d V*Vt~ of 16Vw Loominv
C Mwirpol J. P4ivsu LV#vw y
D. To;rryArp K Wien Tripe
t_ ryrt of APIKXANK
Ej New ❑ Contownon ❑ Nmaon
E ►+wmto L frtdroidual
❑ ❑
F. htwwduncvw Y Profit Ory.nintion
N Reviim enter appropriate latter(s) in box(**).
O So" District fl Ott+sr (Spouty)
A Icrosst Award A. Devoe Award C. v4so s Dwstion
D Da7"n Dwattort Ouw (spovfy)•
1. MAMS Or ►EDCRAL AGVOCY:
FEDERAL AVIATION ADMINISTRATION
FT. WORTH, TEXAS 76M-0610
1a. CATA 0O OF F FFINUWJMUDopes 2 0 . 1 0 6
11. ocsmrnvE TTTL.t OF APPL CAMM ►flo.ltcr:
1. LAND ACQUISITION
AIRPORT DFROVEMENT PROGRAM
2. -ACQUIRE RUNWAY SNOW BROOM
u. Aft" NY PROACT ft'ho& COtan"& slasaa. NC.k
LUBBOCK, LUBBOCK COUNTY, TEXAS
1a. MOPOM PROJW:
14. COMOR23StOMAL OtM Cn Of.
A.n Date
Ending eta
a Amk" b ►raps
SEPT 91
MAR 92
19 19
1[ t. OKATO FVfaXNO:
it. eE AMLICATION tulwlcr r0 *rA w EY rATt Vmcv vt ORNM 12172 PAOC=SSA
a. YES Tres PAEAPPLCATt 4XPPU ArlON WAS MADE AVA,uaLE TO THE
a FabarW
1 500, 000 AD
STATE E)MOU"A ORDEA 12372 P940CESS FOR AEV 'W ON
DATE SEPTEMBER 10, i990 for LAND ACQUISITION
b A0p`"'t`
1 55,556 .00
PLAINS ASSOCIATION OF GOVERNMENTS
c Suu
t .00SOUTH
b NO. ❑ PPOOP(AM 6 0007 COVERED NY ILOL Mn
OA ►ROGP AW KCS NOT 9M (►aWTW IY STATE FOR REVIEW
d Local
t 00
a OtpW
t 00
I. Program Income
t 00
17. r T1,t APVtKAW MJNQVOR ON AffY FED[ 4 DiiT7
,❑ Yis • N -YeL- eftoch an s.oterution. No
v TOTAL
f 555,556 .00
It rO" Mr OF MY LNOWLfD4t A" tutu. ALL DATA IN MS A"* _1 r1QK111Lk"%r_AT10h AJtt rout ANa OOMCT. Nd DOCVW FW tW IErN DUtr
AVTrto*M sY TM WytttNiNO WDv Of THE Am1UxT AND rNE A/ MART MLt COW►LY W I rOt ATTApf/D AssVttAMCtt r TM A *WA)KX 4 AWAR.1t:
a- Typed Nsrne of Autt*m"d ReprtaantstM
b Title
a T@40ww rw rbr
BERN E. CASE A.A.E.
—
d S'gn&t-* Autttor6Md Ri0+/4Glntatn*
a Dote sgMd
OLAB
U.S. DF,PARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
OMB NO. 804R018A
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, Name of Governing Body
regional, or other priority rating? Priority Rating
Yes X No
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-951.)
X Yes No
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Date
Yes X No
Item 5.
Is the proposed project covered by an approved Check one: State (�
comprehensive plan? Local
Regional 73
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
tern 8.
Ike assistance requested have e impact or effect See instruction for additional information to be
.,n the environment? provided.
Yes X �+o
I•eT 9. Number of:
+• the assistance requested cause the displacement of Individuals
lies
..cuaiBusinesses
s families, businesses, or 'crTs? sines
Businsses
Yes X No Farms
Item 10.
s --.ere other related Federal assistance on this See instructions for additional informatic7, :o be
_ _ _c` previous, pe-,ding, or antic ip_ _-? provided.
Yes y_No
FAA Fora 5100.100 s,;a_:Rsw^�s -- -,5.0c•10 PAGES 1 -,riu 7 Page 2
U.S. DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMB NO. 04•RO209
PART II • SECTION C
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:
2. Defaults. —The S onsor 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:
RM
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)
which 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:
I►M
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. encumbrance;, and adverse intere>t-.
all of which areas are identified on the aforementioned property map designated as Exhibit
TITLE IN FEE SUBJECT ONLY TO THE ENCUMBERANCES AS SHOWN ON THE
ATTACHED PROPERTY MAP.
.*Mate character of property interest in each area and list and idenrifN for each all exrep.'ions. encumbranres, and adverse interests
of every kind and npture, including liens, easements, leases, etc. The separate areas of land need only be identified here b_v the
area numbers shown on the property map.
FAA Form 5100-100 (4-76) P.- 1,
'DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMONo. 04•0tom
PART 11 . SECTION C (Continued)
The Sponsor further certifies that the above is based 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, but 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 ".X":
N/A
(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 be developed or used as part of or in
connection with the airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
N/A
5. Exclusive Rights. —There is no grant of an exclusive right for the conduct of an% aeronautical activity at any airport owned
or controlled by the llpomor except as follows:
None
*State character o.f property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
Of every kind and nature. including lions. easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the pruperty map.
FAA Form 5100-100 (4-76) Page 3b
u,s. DUARTMM of TRANSPORTATION —FEDERAL AVIATION ADMINISTRATION
ome RO. so-R0164
PART III — BUDGET INFORMATION — CCNSTRUCTION
SECTION A — GENERAL
1. Federal Domestic Assistance Catalog No ............. 20-106
12. Functional or Other Breakout ................... .
SECTION B — CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
T otoI
Amount
Required
Latest Approved
Amount
Adjustment
t or (-)
1. Adminlstfatlon expense
2, Preliminary expense Appraisals
S
S
S
10,450.00
3. Landtstructures, right-of-way Land
341 666.OD
4. Architectural engineering basic fees
5. Other architectural engineering fees
S. Project inspection tees
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals ano Businesses
10. Demolition and removal
11. Construction and project improvement
12. Equipment Runway Snow Broom
203,440.00
13. Miscellaneous
14. Total (Lines 1 through 13)
' 15. Estimated Income (it applicable)
16. Net Project Amount (Line 14 minus 15)
555, 556.00
17. Less' Ineligible Exclusions
18.`>�
19. Total Project Amt. (Excluding Rehabilitation Grants)
20. Federal Share requested of Line 19 90%
500,000.00
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
500 000.00
23. Grantee share 10%
55,556.00
24. 0!1er shares
25. Total project (Lines22,23&24) S
S S 555,556.00
FAA Form 5100-100 (6 73) SUPERSEDES FAA FORM 5100 -IC PAGES I THRL' 7 Pogo 4
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. GO -ROTS&
SECTION C — EXCLUSIONS
26
Classification
Ineligible for I
Participation I
1
E.cluded fron
Contingency Pro+ision
2
a.
S I
=
b
c
i
d
e.
g-
—_•3is
S
c
SECTION D
— PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
S
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
55, 556.00
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL — Grantee share
2R.
Other Shares
a. State
b. Other
1
'
c. TOtal Other Shares
29.
TOT
55 556.00
I
SECT :"'• E — REMARK`,
1
r
II
I
I
PART IV PROGRAM NARRATIVE (Attach — See I,s-uctio,,$)
FAA Fort 5100-100 i6-73) SUPERSc-C—cc - =v 5.:: _ - - --
sa % Ac -s-ova, rage I
PART V
ASSURANCES
(Public Agency Sponsors of Development or Noise Program Projects)
A. aNERA'.
1. These assurances aboll be complied with in the performance of the following grant agreements:
Airport development and noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors reques :.ng
funds under the provisions of the Airport and Airway Improvement Act of 1982. as amended by the Airport acd
Airway Safety and Capacity Ltpaosioa Act of 1987, or the Aviation Safety and Noise Abetment Act of 1979. TSis
not of assurances includes only those assurances which are applicable to a sponsor who is a public aEency with
oontrol of a public -use airport.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become pert
Of the grant agrement.
B. DURATION AND APPLICABILITY.
Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The
terms, conditions and assurances of the grant agreement shall remain is full force and affect thm ugbout the
useful life of the facilities developed or equipment acquired for aD airport development or noise compatiti/ity
p-ngri ;rc;e:t, or throughout the useful life of the project items installed r_V.ic a facility under a ctise
coe;atitillty program project, but in any event not to exceed twenty (2) year from the date of acceptc:e :f s
grant offer of Federal funds for the project. However, there shall be no limit on the duratioc of the ass_ramce
against exclusive rights or the terms, conditions, and assurances vith respect to real property acquired wit'_
Fade -al f::nds. Furthermore, the duration of the Civil Rights assurance shell be am specified Im the ase_ra�e.
C. S?:NS;= CV.T:FICATION. The sponsor hereby assures and certifies, with raepe:t to this grant that:
1. ",ens -el ?ode -al Rs uiresbats. It will comply with all a;plicat:e Fede:-al laws, re galations, ate::t:ve
orders, policies, r- t lace an requirements as they relate to the a;;lication, acceptance and use of Fe:ers-
funds for this project including but not Iiiited to the following:
Federal legislation
a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, at seq.
b. Davis-Becon Act - 40 U.S.C. 276(a), at seq.
c. Federal Fair Labor Standards Act of 1938 - 29 U.S.C. 201, at *eq.
d. Hatch Act - 5 U.S.C. 1501, at ate.
e. Uniform Nelocation Assistance and Real Property Acquisitioc Policies Act of 1970 - 42 ".S.C. 4'_::,
et seq.
f. Tational Riatoric Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
g• Arcboological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through. 469C.
b. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012m.
1. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Nights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
k. Aviation Safety and Noise Abatement Act of 1979. 49 U.S.C. 2101, at ■eq.
I. Age Discrimination Act of 1975 - 42 U.S.C. 6101. at @°3.
s. Arcbitectural Berriera Act of 1968 - 42 U.S.C. 4151, at seq.
c. Airport and Airway Improvement Act of 1982. as amended-- 49 U.S.C. 2201. at Be;.
o• Powerplant and Industrial Teel Use Act of 1978 - Section 40', - 2 C.S.C. 8r3.
p. Contract York Hours and Safety Standards Act - 40 U.S.C. 327, at a*q.
q. Copeland Antikickback Act - 18 U.S.C. 874.
r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321. et at;.
e• Endangered Species Act - 16 U.S.C. 668(a), at seq.
t. Single Audit Act of 1984 - 31 U.S.C. 7501, at ate.
u• Drug -Pram Workplace Act of 1988 - 41 D.S.C. 702 through 706.
Executive Orders.
Nxecutive Order 12372. Intergovernmental Review of Pedersl Programs
Executive Order 11246 - Equal Employment Opportunity
Federal Regulations.
a. 49 CFR Part 18 - Uniform Administrative Requiremecte for 'Grants a=• Cooperative Agreements :_ `:ate
and Lots: Covernmacts.
b. 49 M Part 21 - load iscriainstior in Federally -Assisted Programs cf the :,epertme:: of
Tra:aportation - Effectuation of Title VI of the Civil Rights Act of 1% 4.
FAA Fern 5100-100 (11-89) Development or Noise Program - Public Spenser ?xJ0 6
c. 49 CPE Part 23 - Participation by Minority business Enterprise in Department of Tra&sportation
Programs.
d. 49 CFP. Part 24 - Uniform Relocation Assistance a=d Real Property Acquisition lsgulatio= for Fe!e-e:
and Federally &existed Programs.
e. 49 CFR Part 27 - won -Discrimination on the basis of Handicap in Programs and Activities leceirirg or
Benefiting from Federal Financial Assistance.
f. 49 CTR Part 29 - Debarments Suspensions and Voluntary Exclusions.
g. 49 CFR Part 30 - Denial of Public Yorks Contracts to Suppliers of Goods and Services of Countries
That Deny Procurement Market Access to U.S. Contractors.
b. 29 CFR Part 1 - Procedures for Predetermination of Wage bates.
i. 29 CFR Part 3 - Contractors or Subcontractors on Public buildings or Public Works PJm&sed in WA-:e
or Part by Loans or Grants from U.S.
J. 29 C" Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Finance! &.nd
Assisted Construction.
k. 41 CFF. Part 6: - Office of Federal Contract Coc;:iance Prograae, Equal 1m;loystat C-,;c-n=ity.
Department o! labor (Faders. and Federally-asslste! Ccc:rs_ne Requirements).
1. 14 CFk Part 150 - Airport Noise Compatibility Planning.
Office of Managemect and Budget Circulars.
a. A-T" - Cost Principles Applicable to Grants and Coctracts with State and :oca: Gcvt:�ente.
b. A-120 - Audit& of State and Local Governme=is.
Specific assurances required to be included in grant agreements by any of the above laws, regulaticts or
circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
It has legal authority to apply for the grant, a=! tc finance and carry out the propose'- ;-olec:; mat ■
resolution., mcticn or ■izilar action has been duly adopted or passed as an official act of the &;,:!cant'•
governing body authorizing the filing of the applicatioc. including all understandiage and ua a -,:ea coa:a•led
therein, and dire:tiag and authorizing the person ldertifiad as the official representative of tM appliciz: to
act in connection with the application and to provide sucl additional information as may be
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the pr-:oct costa wt :-
are not to be paid by the United States. It bee sufficient funds available to •@sure operatic= s-d suir:ri=:e
of items funded under the grant agreement which it wil: or- or control.
4. Good Title.
■. It holds good title, satisfactory to the Se. -rotary, to the landing ores of the •inert or @:ta
thereof, or wil: give assurance satisfactory to the Secretary that good title will be acquire!.
b. For noise compatibility program projects to be carried out on the property ofptbe sper-mor. !t t:.de
good title satisfactory to the Secretary to that portion of the property upon which Faderal f:z=s wil: be
expanded or will give assurance to the Secretary that good title will be obtained.
5. Preserving Eights and Powers.
a. It will Dot take or peratt any action whlck would operate to deprive it of any of tbo rights ad
powers necessary to perform azW or all of the terse, conditions, and assurances in the grant ag-eMont w=tho�t
the written approval of the Secretary, and will act promptly to acquire, extingulah or modify azy outstas:ag
rights or clsime of right of others which would Interfere with such performance by the sponsor. 'bib &Aa:. be
done in a manner acceptable to the Secretary.
b. It will rot sell, lease, encumber or otherwise transfer or dispose of any part cf its titre :r :t*er
Interests In the property shown on Exbibit A to thie apF::cation or, for a noise compatibility --.a:*-.
that that portiot of the property upon which Federal funds have been expanded, for the d=rat:ot of to terms,
conditions, and assurances in the grant agreement vltbout approval by the Secretary. L' the :t.af*rte :s !c.=!
by the Secretary to be eligible under the Airport and Airvay Improvement Act of 19e2 to ass -wee :he cb::gs:!ons
of the grant agreement and to have the power, autbo r.ty, an! financial resources to carry oct a:: suz`
obligations, the sponsor •ball insert in the contract or document transferring or disposing of the apeza:r's
interest, and sake binding upon the transforms. all of the terms, conditions, and assurances csztains'- :,z :t-s
grant agreement.
FAA Fore 51:)C-N00 (11-F9`, Developmett or Noise Ptogcaz - ?c::i: Sponsor -tie -
c. For all noise compatibility program projects which are to be carried out b another unit of iota:
goverment or are on property owned by a unit of local governmect other than the sponsor. it will motor Iotc at
agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate
that government to the same terms, conditions, and assurances that would be applicable to it if it applied
directly to the FAA for a grant to undertake the noise compatibility program project. Th&t agreement and
ohangea thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the
local goverment if there is substantial soncomplianee with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it Will
enter into an agreement with the owner of that property which includes provisions specified by the Secretary.
It will take steps to enforce this agreement against the property owner whenever there is substantial
noncompliance with the terms of the agreement.
e. Deleted.
f. If an arrangement is mad• 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 rie..ta and authority to
insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvesett
Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure
that such arrangement also requires cospliance therewith.
6. Consietetev with Local Plans. The project is reasonab:y consistent with plans (existing at the tine of
submission o! this application, of public agencies that are av: :cited by the state it rich tb* project is
located to plan for the development of the area surrounding the airport. For noise compatibility program
projects, other then land acquisition, to be carried out an property not owned by the airport and over which
property another public agency hat land ace control or authority, the sponsor @ball obtain from each such agency
a written declaration that such agency supports that project an_ the project is reasonably consistent with the
agency's plans regarding the property.
I. Consideration of Local Interest. It has given fair coceideratioz to the interest of co®unities it or
near which the project may be located.
S. Consultation with Users. In making a decision to undertake any airport development project under t'_e
Airport and Airway provement Act of 1962, it has undertaken reasonable consultations with affected partite
using the airport at which the 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 tb• opportunity for public bearings for the purpose of considering the
economic, social, and environmental effects of the airport or rsway location and its consistency with the goals
and objective& of such planning as has been carried out by the Community. It shall, wbem requested by the
Secretary, submit a copy of the transcript of such bearings to 11e Secretary.
10. Air and later Qualit Standard@. In project& involving airport location, a major runway extension, or
runway location it willprovI • or the Governor of the state it which the project is located to certify it
writing to the Secretary that the project will be located, desig=ed, constructed, and operated me as to coap:y
with applicable air and water quality standards. In any case were such standards have not been approved at!
whare applicable air and rater quality standards have been pros::gated by the Administrator of the Fsvironmeztal
Protection Agency, certification shall be obtained from such A;s:zistrator. Notice of certification or refaaal
to certify shall be provided within sixty days after the project application ban been received by the Secre.ary.
11. Local Approval. In projects involving the constructioc or extension of soy runway at any genera,
aviation airport located astride a line *operating two counties within a single state, it has received apf?Cvol
for the project from the governing body of all village& incorporated under the lava of that state which ore
located entirely within five miles of the 'nearest boundary of the airport.
12. Terminal Develo ant Pare uimltem. for projects whit; include terminal development at • public
airport. it has, on the date o subittal of the project grant application, all the safety equipstat required
for certification of sueb airport under Section 612 of the Federal Aviation Act of 1958 and all the security
equipment required by rule or regulation, and has provided for &teems to the passenger emplaning and depleting
arms of such airport to passengers anplaming or deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Nseordiesping N*qulrements.
a. It shall keep all project seeonots and records whicb fully disclose the amount and dispositiot by
the recipient of the proceeds of the gnat, the total coat of the project In connection with which the grett in
given or used, and the amount and nature of that portion of the cost of the project supplied by other &our:ts,
and such other financial records pertinent to the project. The accounts and records shall be kept in acecr'_acce
vitb an accounting system that will facilitate an effective av_:t in accordance with 'r`.e Single Audit Act :_
1984.
FAA Form 5100-100 (11-499) Development or Noise Progr&x - Public Sponsor page B
b. It *ball make available to the Secretary and the Comptroller General of the United States, or any
of their duly authorised representatives, for the purpose of audit and examination, any books, documents,
paper@, 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 great or relating to the project in
connection with which the grant was given or used, it &ball file a certified copy of such audit with the
Comptroller General of the United States not later than 6 months following the close of the fiscal year for
which the audit was made.
14. XinLva Ya a Antes. It •ball include, in all contracts in excess of $2,000 for work on any projects
funded undo the grant agreement scion involve labor, provisions emtablimhing minimum rates of wages, to be
predetermined by the Secretary of labor, in accordance with the Davis -Bacon Act, as amended (40 D.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. Veterans Preference. It shall include, in all contracts for work on any projects fined under the
grant agreeaent which Inv r• labor, such provisions a& are necessary to insure that, in the employment of labor
(except in executive, &dainistrstive, and supervisory positions), preference shall be given to veterans of the
Vietnam er& and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement
Act of 1962. However, this preference shall apply only rbere the individuals are available an qualified to
perform the work to whicb the employment relate@.
16. Conformity to Plans and Specifications. It will execute the project subject to plaza, specifications,
and schedules approved by the c»t&rf. ch place, specifications, and schedules shall be a.bs:.tted t: tte
Secretary prior to commencement of site preparation, construction, or other performance under this grant
agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any
modifications to the approved plans, specifications, and schedules shall also be subject to approval by the
Secretary and Incorporation into the great agreement.
17. Construction Inspection and Approval. It will provide and maintain competent tacbnical supervision at
the construction site throughout the project to assure that the work conforms with the plans, specifications,
sad schedules approved by the Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the Secretary sad 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. Deleted.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for
nonaerosautical purposes must first be approved by the Secretary. The airport and all facilities which are
necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the
United States, shall be operated at all times in a oaf* and serviceable condition and in accordance with the
minimum standards am may be required or prescribed by applicable Federal, state, and local agencies for
maintenance and operation. It will not cause or permit any activity or action thereon which would interfere
with its use for airport purposes.
In furtherance of this assurance, the sponsor will have in effect at all times arrangement■ for--
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting free airport conditions, including temporary
conditions; an
(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 anon, flood, or other climatic conditions interfere with such
operation and maintenance. Further, act,,'- g berein shall be construed as roquiriag the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially donated 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 owna or coctrole
upon which Federal f"da have been expanded.
20. Hazard Removal and Aitigstion. It will take appropriate actioc to assure that such terminal a:repace
as is required to protect instrument and visual operations to the airport (including established ■inimuz flight
altitudes) will be adequately cleared and protected by remoring, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport
hasords.
FAA Form 5100-100 (11-09) Development or Noise Program - Public Sponsor Pace 9
21, Can atiDle Lnd Use. It will take appropriate action, including the adoption of Boning laws, to the
extent rearoaa e, o »strict the use of land adjacent to or in the immediate vicinity of the airport to
activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.
In addition, if the project is for noise compatibility program implementation, it will act cause or permit or.;
change to land nee, within its jurisdiction, %bat will reduce the compatibility, with respect to the airport, of
Us noise compatibility prograa massures upon which Federal funds have been expanded.
22. Eoonamic londiscriaiaation.
a. It will make its airport available as an airport for public -use on fair and reasonable terms and
without unjust discrimination, to all types, kinds, and classes of aeronautical uses.
b. In any agreement, contract, lease or other arrangement under which a right or privilege at the
airport is granted to say person, fire, or corporation to conduct or engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the
contractor to --
(1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
thereof, and
(2) cborge fair, reasonable, and not unjustly discriminatory prices for each unit or service,
provided, that the contractor may be allowed to make reasonable and nondiacriainatory discounts, rebates, or
other similar types of price reductions to volume purchasers.
c. Each fixed -based operator at any airport ovne: by the sponsor shall be sut ect to the same ratee,
fees, rentals, and other charges as are uniformly applicable to all other fixed -Dosed operators making the Base
or similar uses of such airport and utilising the same or similar facilities.
d. Fach air carrier using such airport shall have the right to service itself or tc use any fixed-tasei
operator that is authorised or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontonant, or @,.;Dtenant of another air
carrier tenant) shall be subject to such mopdiocrisinstory and substantially compareb;e rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all such air carriers which sake similar use of
much airport and which utilise similar facilities, subject to reasonable classifications such an tenants or
nontensnts and signatory carriers and nomsign•tory carriers. Classification or status as tenant or signatory
@bell not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially
similar to those already imposed on sir carriers is such classifications or status.
f. It will not exercise or great acy right or privilege which operates to prevent any person, fir&, or
corporation operating aircraft on the airport frog performing any services on its own aircraft with its own
eaployees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
C. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the aervieea involved will be provided on the same conditions as would apply to the furnishing of
such services by contractors or concessionaires of the sponsor under these provisions.
b. The sponsor may establish such fair, equal, and not unluetly discriminatory conditions to be at, by
all users of the airport as may be necessary for the safe and efficient operation of the airport.
1. The sponsor may prohibit or limit any given type, kind, or close of ■eroca.tical use of the afr;ort
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 lights. It will permit no exclusive right for the use of the airport by any persons
providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the
providing of services at an airport by a single fired -based operator shall not be construed as an •xclumive
right if both of the following apply: (1) It would be unreasonably costly, burdensome, or impractical for sore
than one fixed-baaod operator to provide such services, and (2) If allowing more than one fixed -based operator
to provide such services would require the reduction of space leased pursuant to an existing agreement betw en
m4cb single fixed -based operator and such airport.
It further agrees that it will not. either directly or indirectly, grant or permit any person, fir& or
oorporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to
conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft
rental mad sightseeing, serial photography, crop dusting, aerial advertising and surveying, air carrier
operation&, aircraft sales and services, sale of aviation petroleum producte whether or not conducted in
conjunction with other soreneutical activity, repair and maintenance of aircraft, save of aircraft parts, ac_
any other activities which because of their direct relationship to the operation of aircraft can be regard,: as
an aeronautical activity, and that it will terminate say exclusive right to conduct an aeronautical activity now
*rioting at much an airport before the great of acy assistance under the Airport and Airwsy Iaprovement Ac: c.
2962.
FAA Form 5100-100 (11-89) Development or Noise Program - Public Sponsor Pace 10
21. lee and Rental St-:cturs. It will maintain a fee and rental structure consistent with Aseurances 22
and 23, for the facilitlep and services Reins provided the airport users which will make the airport as
aelf-sustaining as possijle under the circumstances existing at that particular airport, taking into account
such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport
development, airport planz:ng, or noise compatibility project for which a grant is made under the Airport and
Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Let of 2970 *ball
be included in the me Lame in establishing fees, rates, and charges for users of that airport.
25. At rt !@veto@. If the airport is under the control of a public agency, all revenues generated by the
airport any ocil taxes on aviation fuel established after December 30, 1987, will 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 owner or operator of the airport and directly and substantially related to the actual sir
transportation of passengers or property; or for noise mitigation purposes on or off the airport. provided,
however, that if covenants or aamuranc*s in debt obligations issued before September 3, 1"2 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 tb* revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the airport owner or operator's
Central debt obligations or other facilities, then this limitation m the use of all revenues generated by the
airport (and, in the came of a public airport, local taxes on aviation fuel) •ball not apply.
26. Reports and Ins :tions. It will submit to the Secretary much amual or special financial and
operations report■ as the Secretary may reasonably request. For airport development projects, it will also make
the airport and all airp•:rt records and documents affecting the airport, including deeds, leases, operatic: and
use agreements, regulatio:s and other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request. For noise compatibility program projects, it will also make records and
documents relating to the project and continued compliance with the terms, conditions, and assurances of the
great agreement including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorised agent of the Secretary upon reasonable request.
27. Use of Government Aircraft. It will make available all of the facilities of the airport develop*" with
Federal financial ass.sta --o and all those usable for landing and takeoff of aircraft to the Unittt States for
use by Government aircraft in common with other aircraft at all times withe.t charge, except, if the use _y
Government aircraft in ribetantial, charge may be made for a reasonable &bare, proportional to such use, for the
cost of operating and maittaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft
will be considered to extol when operations of such aircraft are in excess of those which, in the opinion of the
Secretary, would unduly interfere with use of tht landing areas by other authorised aircraft, or during any
calendar month that --
a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total amber of movements (counting each landing as a movement) of goverment aircraft is 300
or more, or the gross aceamulative weight of goverment aircraft using the airport (the total movements of
government aircraft multiplied by groom weights of such aircraft) is in excess of five million pounds.
28. land for Federal Facilities. It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities, or vtatbtr-reporting and co=unicatioc
activities related to air traffic control, any are&& of land or voter, 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. Sueh areas or any portion thereof will be made
available as provide: be-vin within four months after receipt of a written request from the Secretary.
29. Airport layout Flan.
a. It will keep up to date at all times an airport layout plan of the airport shoving (1) bounl&rios
of the airport and all proposed additions thereto, together with the boundaries of all offaite areas ovine! or
controlled by the spoo.or for airport purposes and proposed additions thereto; (2) the location and nature of
all existing and propoo*'_ airport facilities and structures (such as runways, taxiways, aprons, terminal
buildings, hangers, and roide), including all proposed extensions and reductions of existing airport facilities;
and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon.
Such airport layout plan mad each amendment, revision, or modification thereof, sball be subject to the approval
of the Secretary which approval *bill be evidenced by the signature of a duly authorised representative of the
Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or
alterations in the airport or in any of its facilities which are Dot in conformity with the airport layrt plan
as approved by the Secretary and which might, in the opinion of the Secretary, adversely offset the safety,
utility, or efficiency of the airport.
b. If a ebazge or alteration in the airport or its facilities is made which the Secretary deter nea
adversely affects the safety, utility, or efficiency of any Federally owned, leaned, or funded property cm or
off the airport and vt`c_ is not in conformity with the airport layout plat as approved by the Secreta-. . the
owner or operator will, if requested by the Secretary (1) eliminate such adverse effect in a manner approved by
the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acce;table
to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety.
utility, efficiency, and cost of operation existing before the unapproved Ole go in the airport or its
facilities.
FAA Form 5100-100 (11-e'C' Development or Moist program - Public Speasor =age 11
Unit niynts. It will curply wmtn such rules as are praouuy.,ted to assure that no persun
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from
par n cipating in any activity conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal financial assistance is extended
to the program, except where Federal financial assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or improvements thereon, in
which case the assurance obligates the sponsor or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits or (b) the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will, when
the land is no longer needed for such purposes, dispose of such land at fair market value at the
earliest practicable time. That portion of the proceeds of such disposition which is proportionate
to the United States share of the cost acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an
approved noise compatibility project as prescribed by the Secretary.
b. (1) For lard purchased under a grant for airport development (other than noise
compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of
such land at fair market value or make available to the Secretary an amount equal to the United
States proportionate share of the fair market value of the land. That portion of the porceeds of
such disposition which is proportionate to the United States share of the cost of acquisition of such
land, will, (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national
airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible
project exists.
(2) lard shall be considered to be needed for airport purposes under this assurance if
(a) it may be needed for aeronautical purposes (including runway protection tone) or serves as noise
buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator or
owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary
or the Federal agency making such grant before December 1, 1987, was notified by the operator or
owner of the use of such land, did rat object to such use, and the land continues to be used for that
purpose, such use having commenced not later than December 15, 1989.
c. Disposition of such lard under (a) or (b) will be subject to the retention or reservation
of any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with the operation of the airport.
32. Engineering and Design Services. It will award each contract, or subcontract for program
management, construction management, planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying, mapping, or related services with respect to
the project in the same manner as a contract for architectural and engineering services is negotiated
under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent
qualifications -based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restriction. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in which
each foreign country is listed by the United States Trade Representative as denying fair and
equitable market opportunities for products and suppliers of the United States in procurement and
construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to the
advisory circulars listed in the "Current FAA Advisory Circulars for AIP Projects,
dated 'j - 29 - q 1 and included in this grant, and in accordance with applicable state
policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property,
to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of
49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in
Subpart B. (2) it will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required
in Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time
prior to displacement comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Drug Free Workplace. It will provide a drug -free workplace at the site of work specified in
the grant application in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its
employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the sponsor's workplace and specifying the actions that will be taken
against its employees for violation of such prohi4ition: (2) establishing a drug -free awareness
program to inform its employees about the dangers of drug abuse in the workplace and any available
drug counseling, rehabilitation, and employees assistance programs: (3) notifying the FAA within ten
days after receiving notice of an employee criminal drug statute conviction for a violation occurring
in the workplace: and (4) making a good faith effort to maintain a drug -free workplace.
FAA Form 5100-100 (6-91) Development or Noise Program - Public Sponsor Page 12
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Effective Date: 7-29-91
NUMBER SUBJECT
'J/7460-1G Obstruction Marking and lighting
1.50/5100-148 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
CH,; 1
'50/5260 30 Airport Minter Safety and Operations
CHG 14 2
159/5210 58 Painting, Marking and lighting of Vehicles Used on an Airport
150/5210-78 Aircraft Fire amid Rescue Communications
15G15210 14 Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue and Firefighting Station Building Design
150/5220-4A water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10 Guide Specification for water/Foam Type Aircraft Fire amid Rescue Trucks
CHG 1 4 2
150/5220-11 Airport Snowblower Specification Guide
150/5220-12 Airport Snowsweeper Specification Guide
150/5220-13A Runway Surface Condition Sensor Specification Guide
150/5220-14A Airport fire and Rescue Vehicle Specification Guide
150/5220-15 Buildings for Storage and Maintenance of Airport Snow Removal and Ice Control Equipment: A
Guide
150/5220-16 Autoxwated weather Observing Systems for Nan -Federal Applications
/50/5220 17 Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5300-13 Airport Design
150/5320-58 Airport Drainage
150/5320 6C Airport Pavement Design and Evaluation
CHG 14 2
150/5320-12A Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5325-4A Runway length Requirements for Airport Design
CMG 1
150/5340.IF Marking of Paved Areas on Airports
150/5340-4C Installation Details for Runway Centerline Touchdown Zone lighting Systems
CHG 1 4 2
150/5340-58 Segmented Circle Airport Marker System
CHG 1
150/5340 148 Economy Approach lighting Aids
CHG 1 4 2
150/5340-17B Standby Power for Mon -FAA Airport Lighting Systems
150/5340-188 Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-238 Supplemental wind Cones
150/5340-24 Runway and Taxiway Edge lighting System
CHG 1
150/5340-27A Air -To -Ground Radio Control of Airport lighting Systems
150/5345-3D Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-71) Specification for L-924 Underground Electrical Cable for Airport lighting Circuits
CHG 1
150/5345-IGE Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-266 Specifications for L-823 Plug and Receptacle, Cable Connectors
CHG 1 4 2
150/5345-27C Specification for wind Cones Assemblies
150/5345-28D Precision Approach Path indicator (PAPt) Systems
150/5345-39B FAA Specification L-853, Runway and Taxiway Centerline Retoflective Markers
CMG 1
150/5545-42C Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
150/5345-43D Specification for Obstruction lighting Equipment
150/5345-44D Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach light Structure
150/5345-46A Specification for Runway and Taxiway light fixtures
150/5345 -47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification l-BS4, Radio Control Equipment
150/5345-50 Specification for Portable Runway lights
CHG 1
150/5345-51 Specification for Discharge -Type Flasher Equipment
CMG 1
15C/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5360-9 Planning and Design of Airport Terminal Facilities at Mon -Hub locations
150/5360-12 Airport Signing and Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities at Mon -Nub locations
150/5370-2C Operational Safety on Airports During Construction
150/5370-69 Construction Progress and Inspection Report -Airport Grant Program
150/5370-10 Standards for Specifying Construction of Airports
CHG 1,2,3
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
CHG 1
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5390-2 Heliport Design
150/5390-3 Vertiport Design
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LMOCI INTERNATIONAL AINPOW
EXHIBIT X
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