HomeMy WebLinkAboutResolution - 6447 - Grant Application - FAA - Y2K Upgrades For Various Systems - 08_12_1999Resolution No. 6447
Aug. 12, 1999
Item No. 37
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 a Grant Application for
Federal Assistance, in substantially the form of the Agreement , attached hereto, by and
between the City of Lubbock and the Federal Aviation Administration for funding the
Y2K upgrades for Security Access System (Part 107), HVAC Control System, and
Airfield Lighting Control System; acquire Interactive Training System; acquire 18 ARFF
Proximity Suits and related documents. 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 City Council.
Passed by the City Council this 12th day c
ATTEST:
'N. Earle
ion Manager
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
cp:ccdocs/Airport-FAA.res
August 3, 1999
Resolution No. 6447
Aug. 12, 1499
Item No. 3-7
OMB AppraM Na o3/"M
,APPGCATION FOR
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FEDERAL ASSISTANCE
4815.8107
1. TYPE OF SUBMksSION:
e. DATE RECE3VED BY STATE
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t DATE RECEIVED BY FEDER&AGEHMFidral
Identliar
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6. APPLICANT DIFORMATION
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aror+mdwu.r
City of Lubbock. Texas
Lubbock International Airport
Addrnt (pbt sq, =arty. sm•. and sip sode►:
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Route 9, Boa 389
Mark H. Earla
Lubbock County
Director Of Aalndion
Lubbock. Texas 79401-0710
0" M-3128
fL EMPLOYER IDENTIFICATION NUMBER MW
T. TTPE OF APPLICANT: (rdar appreprtata loNer In bm4 [C]
75-4000590
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FedsnlAvlatlon Adminlo rabon
Fort Worth, Texas 76193-0000
/a CATALOG OF FEDERAL. DOMESTIC
ASS35TAWXMl1MSER: 20.105
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Instal C ugdefor Security Acces
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TITLE. AkpodtmprovemwdProWam
2. HVAC Control System
3 Airfield Lighting Control System
ILAREAZAFFl=KDBYPRwECr(aNds.emala,ota000,.dea
4. Acquire Interactive Training System
CIlyafLubbock.Lubbock County. Texas
5. Acquire 18 ARFF Proximity Suits
1S. PROPOSED PROJECT:
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is ES a IMATED FUNDING:
15.13 APPLICATION StIOJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
a YES. THIS ►REAPPLIrAT10WAPPLICATION WAS MADEAVAtLABLE TO THE
L Federal
8 330,597
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STATE EXECUTIVE ORDER 12372 /ROCM FOR REVIEW Ott
August 10, 1999
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18. TO THE BEBT OF MY KNOWLE13E AND BEiIEF. ALL DATA N TIES APPUCATIONIPREAPPL1CATION ARE TRUE AND CORRECT. TTTE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OFT HE APPLICANT AND THE APPUCAMT WALL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE Q AWARD
a Typed Name d Adhnind Roprpen4lve
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Mark N. Earle
Director of Aviation
775-3120
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Authorized for Local Reproduction
Resolution No. 6447
� G A GREEMENT �e 12, No. 3799
U.S. Department
of Transportation
FOR DEVELOPMENT PROJECT
Federal Aviation
Administration
PART I -OFFER
Date of Offer. SEPTEMBER 1, 1999
Airport: LUBBOCK INTERNATIONAL
TO: CITY OF LUBBOCK. TEXAS
(herein referred to as the "Sponsor")
Project No. 3-48-0138-21-99
Contract No.
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 for a grant of Federal funds for a project for development of the LUBBOCK INTERNATIONAL Airport
(herein cal(ea ine "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:
Install Y2K upgrades for Security Access System (Part 107), HVAC Control
System, and Airfield Lighting Control System; Acquire Interactive Training
System; Acquire 18 ARFF Proximity Suits.,
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 (1049) [kvelopmem or Noise Progimn Page 1 of 5 Pages
ASW Form 3100-37 (10-97)
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Cod4 herein called
"Title 49 U.S.C.," and in consideration of (a) the Sponsoes ,adoption and ratification of the representations and assurances
contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the
United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein
provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project, NINETY (90) pemcntum of all allowable project costs.
This Offer is made on and subject to the following terns and conditions:
Conditions
The maximum obligation of the United States payable under this offer shall be,$330, 597
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to
allowability under Title 49 U.S.C.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will
be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer
has been accepted by the sponsor on or before September 30,1999' or such subsequent date as may be prescribed in writing by
the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in
violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means funds, however, used or disbursed by the
sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share,
including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request. all
documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other feral positions of the sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
S. 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. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
10. The property map referred to on Page I of this Grant Agreement is the Property Map, Exhibit "A" attached to the Application
for Federal Assistance attached hereto.
FM Form 5IW37 (10-99) Development or Noise Program Page 2 of 5 Pages
ASW Fomm 3100-37 (10-97)
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 S5,000 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 S250,000 of paving:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and
procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited
to, all quality control provisions and tests required by the Federal specifications. The program shall include as a
minimum:
1. The name of the person representing the sponsor who has overall responsibility for contract administration for the
project and the authority to take necessary actions to comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project,
together with a description of the services to be provided.
3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and
Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the
method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of
test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and
that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed.
highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions
applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be
submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph. b, or failure to perform such tests, shall, absent any
compelling justification, result in a reduction in Federal participation for costs incurred In connection with construction of
the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of
required tests not performed or not documented and will be commensurate with the proportion of applicable pavement
with respect to the total pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if
such independent tests determine that sponsor test results are inaccurate.
14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as
Sponsor contracts Bid Number 98182, Project Number 4615.8107.
FM Form S 100-37 (1049) Development or Noise Program Page 3 of 5 Pages
ASW Form 5100-37 (10.97)
The Sponsors acceptance of this Offer and ratification and adoption of the Project Application incorporated heroin 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 Sponsors acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Otis T. Welch, Manager
Texas Airport Development Office
FM Form 5100-37 (10-89) Development or Noise Program Page 4 of 5 Pages
ASW Form 5100-37 (10-97)
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 119
CITY OF LUBBOCK, TEXAS
(Fume of Sponsor)
By:
(SEAL) (Sponsors Designated Ofticiai Representative)
WINDY SITTON
Title: for
Attest:
KAYTHIE DARNELL
Title: City Secretary
CERTIFICATE OF SPONSOR'S ATTORNEY
1, , 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
Texas. Further, 1 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 notowned 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 day of ,19
(Signature of Sponsoes Attorney)
FAA Form SI00-37 (1049) pevelopmem or Noise Prop= Page 5 of 5 Pages
ASW Form 5100-37 (10-97)
MI.,
Resolution No. 6447
"iewwoo G RANT GREEMENT
U.S. Department
of Transportation
FOR DEVELOPMENT PROJECT
Federal Aviation
Administration
PART I -OFFER
Date of Offer: September 13,1999
Airport: Lubbock International
TO: CITY OF LUBBOCK, TEXAS
(herein referred to as the "Sponsor")
Project No. 3-48-0138-2199
Contract No. DOT FA 99 SW-8233
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 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 INTERACTIVE TRAINING SYSTEM; ACQUIRE 18 ARFF PROXIMITY SUITS;
INSTALL Y2K UPGRADES FOR SECURITY ACCESS CONTROL SYSTEM (PART 107),
PASSENGER TERMINAL HVAC CONTROL SYTSTEM, AND AIRFIELD LIGHTING CONTROL
SYSTEM
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 Page I of 5 Pages
ASw Form 5100-37 (1-99)
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 Sponsoes adoption and ratification of the representations and assurances
contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the
United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein
provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project, ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $193,932.00.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to
allowability under Title 49 U.S.C.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will
be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this offer at anytime 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, 1999 or such subsequent date as may be prescribed in writing by the
FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in
violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means funds, however, used or disbursed by the
sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share,
including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other 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. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
10. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application
for Federal Assistance.
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
FAA Form 5100-37 (10-89) Development or Noise Program Page 2 of 5 Pages
ASW Form 5100-37 (1-99)
the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United
States is adjusted to the amount specified.
12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to
adhere to this provision may cause the letter of credit to be revoked.
13. The Sponsor agrees to perform the following, if this project contains more than $250,000 of paving:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and
procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited
to, all quality control provisions and tests required by the Federal specifications. The program shall include as a
minimum:
1. The name of the person representing the sponsor who has overall responsibility for contract administration for the
project and the authority to take necessary actions to comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project,
together with a description of the services to be provided.
3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and
Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the
method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of
test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and
that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed,
highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions
applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be
submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, . or failure to perform such tests, shall, absent any
compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of
the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of
required tests not performed or not documented and will be commensurate with the proportion of applicable pavement
with respect to the total pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if
such independent tests determine that sponsor test results are inaccurate.
14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as
Sponsor contracts 99 SW-8233.
15. The sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed or repaired
under this Airport Improvement Program project has completed, or will complete, successful verification and validation of the
year 2000 (Y2K) date change data processing. The sponsor shall ensure Y2K compliance of the facilities, systems, or equipment
prior to its acceptance and/or commissioning to verify it meets operational standards. The sponsor must provide for continuous
operation and maintenance of such, or alternate courses of action. The future Y2K awareness, assessment (including associated
testing), renovation, validation, and implementation work related to the project will be the responsibility of the sponsor or its
contractor. The Government will not participate in additional costs of Y2K assessment, testing, or repair work for the automated
data processing subject to this grant agreement.
FAA Form 5100-31 (10-89) Development or Noise Program Page 3 of 5 Pages
ASW Form 5100-37 (1-99)
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a
Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the
Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Otis T. Welch, Manager
Texas Airports Development Office
FAA Form 5100-37 (10-89) Development or Noise Program Page 4 of 5 Pages
ASW Form 5100-37 (1-99)
REpEIVED: 9-27-99; 8:14An; 8172225989 — LIA; /2
SEP 27 199 08:44 FR FAA TX ADO ASW-650 l3i7222S9e9 M LBB INTL ARPT P.02/02
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 silt of the terms and conditions in this Offer and in the Project Applicadon.
Executed this 17• day of
cin OF LUBBOCK,
(Fume of ns ` a
(SEAL)
(t3ponlat's ige omei e
Windy Sitton
Title: Mayor
Attest:
*CitcDara'
ll
Title: ry
CERTIFICATE OF SPONSOR'S ATTORNEY
I, 1 e a ! . actiag as Attorney for the Sponsor do hereby certify:
S!'ered to e.^.ter Into the fereooicg Cram Aarecutent under the laws of the State of
Texas. Further. I have examined the foregoing Ch=t Agreement and the actions taken by said Sponsor relating thereto, and find
that the acceptance thereof by said Sponsor and Sponsoes official representative has been duly authorized and that the execution
a{eitau{ � ui a{t 1Gairt�is due auu ptYjaci dBV �i dtrGv{dariGe`wlw1 t% Aawt+ G► ..u, eaw .a= arid sstt. rrs L—S.,.. ui i�auu�vu, un
grants involving proDjects to be carried out on property not owned by the Sponsor. there are no legal impediments that will prevent
furl perfornsance 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 4 , ,6h�c �<7, J cnn3 tWsday of C-V%^1 cr ,l9 9i -.
AfPf9V Fb As lc) Cdra7y'N7
A�:
v�a,7z—
A W Fww SIW37 (1-09)
(ajgnat= of Sponsor; Aaomcy)
Approved as to form:
-emu-:— 'elk /r4--.--,
William de Haas
Competition and Contracts Manager
Pope. S nf S 13"CreG
VI \I
TtJ1UL FfGS.02 MaK
DEPARTMENT OF TRANSPORTATION . FEDERAL AVIATION ADMINISTRATION
o..e No 60-610184
PART II
PROJECT APPROVAL INFORMATION
SECTION A
,r
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
advisory, educational or health clearances?
Name of Agency or
Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A•95?
X Yes
No
Item 4.
Does this assistance request require State, local,
Name of Approving Agency
regional or other planning approval?
Date
Ye:
X No
Item S.
Is the proposed project covered by on approved
Check one: State
comprehensive plan?
Local
X Yes
No
Regional
Location of pion Airport Master 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 Federa: Land
Yes
X' No
Percent of Project
Item 8.
Will the assistance requested have an impact or effect
See instruction for additional information to be
on the environment?
provided.
Yes
X No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals families, businesses, or farms? Families
Businesses
Yes X ° No Farms
Item 10.
Is there other related Federal assistance on this See instructions for additional information to be
project previous, pending, or anticipated? provided.
Yes X No
FAA Form 5100.100 16.7s) SUPERSEDES fAA fro RM S100410 PAGES 1 TMRU 7 Page 2
O.EPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION oMa 940.04•80209
PART I1 - SECTION C (SECTION B OHITTED)
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. —The Sponsor has taken the following actions to assure compatible usage of IancP'adjacent to or in
the vicinity of the airport:
Height hazard zoning
2. Defaults, The Sponsor its 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:
None
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 proceeding. )
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Pro'ect or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as [lows:
None
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 of which areas are identified on the afi I a d property map designated as Exhibit "A"
See attached Exhibit A.
*State character of property interest in each area and list and identify for each all exceptions. encumbrances. and adtvrse interests
of every kind and suture, 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 I4-75I Psle 3a
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.at•RO209
PART 11. SECTION C (Continued)
The Sponsor further certifies that the above it based on a title examination by a qualified attorney or title company and that
such attorney or title compam has determined that the Sponsor holds the above property interests.
(b) The Sponsor will acquire within a rea=onable time. but in am etent prior to the start of anv construction work under
the Project. the following propert% interest in the following area= of land" on which such construction work it to be performed.
silo( which areas are identified on the aforementioned property map designated as Exhibit "A":
N/A
(c) The Sponsor will acquire within a rea;anablr time. and if fe&=Me prior to the completion of all construction work under
the Project. the following property interest in the following arra- of land' which are to be developed or used a.= part of or in
connection with the Airport as it will Ise upon completion of the Project. all of which areal are identified on the aforementioned
property map designated as Exhibit
N/A
S. Exclusive Ri(hts.—There it no ggrrant of an excluti%r right for the conduct of am aeronautical activit% at any airport own•fl
or. controlled by the `ponsor except as folio%4:
None
-State character of property interest in each area and list and identify for each all exceptions. encumbrances, and adtvrse interestp
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here b_v the
area numbers shown on the proper()' map.
FAA Form 61OD-100 t4•76) Pape 3b
neoec7n=mTntT=AA4MomcrATunhr_a r%CMAr A%RA-r1f%UAMRA1K114,'MAT1M?J C*MNO- 9"MAA
PART III — BUDGET INFORMATION — CONSTRUCTION
SECTION A — GENERAL
1. Federal Domestic Assistance Catalog No .................... 20.106
2. Functional or Other Breakout .............................. Airport Improvement Program
SECTION B — CALCULATION OF FEDERAL GRANT
costclassificasm
Use o4y ror revisions
TOW
Amount
Required
Lab dApproved
Amount
Adustmerd
+ or (-)
1. Administration expense
$
$
$
2. Preliminary expense
3. Land, structures. tight —of —way
4. Architectural engineering basic fees
5. Other Architectural engineering fees — test & survey
6. Project Inspection fees
T. Land Development
6. Relocation Expenses
9. Relocation payments to individuals and Businesses
10. Demolition and removal
11. Construction and project Improvement
188,081-
27,400
12. Equipment
13. Miscellaneous
14. Total (Uses 1 through 13)
215,481
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
1a. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
215,481
20. Federal Share requested of Une 19 •
193,932
21. Add Rehabilitation Grants Requested (1o0 Percent)
22. Total Federal grant requested (Ones 20 & 21)
193,932
23. Grantee share
21,549.
24. Other shares
25. Total Project (Uses 22,23 & 24)
$
$
$ 215,481,
FAA Form 510o-10o (a 73) SUPERSEDES FAA FORM 51 oo-10 PAGES 1 THRU 7 Page 4
nFPAt3T FM M TRAMPnrrrATlnN - =M=Jkr MnAT1nN AnumfISTRATIDN
SECTION C — EXCLUSIONS
(lazzftapm
20
In@FVblo for
"Cipaum
6cdud*d from
Corttingaicy Provision
b.
C.
CL
0.
f.
9. Totals
SECTION D — PROPOSED METHOD OF FINANCING NON—FEDERAL SHARE
27. Grantee Share
$
a. Securities
b. Mortgages
c. Appropriations (By Apple
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain) Passenger Facility Charge
h. TOTAL — Grantee share
21,549
28.Other Shares
a. State
b. Other
c. Total Other Shares
29•TOTAL
$ 21.549
SECTION E — REMARKS
PART V PROGRAM NARRATIVE (Attach — See Instructions)
FAA Form 5100-100 (5-7M SUPERSEDES FAA FOAM 5100-10 PAGES 1 THRU 7 Page 5
Part V Program Narrative
This project includes three activities. The major portion of the funding will go towards
the purchase and installation of software and hardware to enable the airport to meet its
Y2K compliance requirement. These packages include an upgrade to the airfield lighting
Insulation Resistance Monitoring System, an upgrade to the Security Access Control
System, the CCTV control system, and the HVAC control system.
A second project includes the acquisition of eighteen ARFF proximity suits.
The third project includes the acquisition and installation of the Airport News and
Training Network, an interactive aviation training program.
No Text
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 Title
49, U.S.C., subtitle VII, as amended. As used herein, the tens "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 tens "sponsor" includes both public agency
sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and
assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a
facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant
offer of Federal funds for the project However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances
with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the
assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a
private sponsor except that the useful life of project items Installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of
acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30,
32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full
force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. 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 sea.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.
d. Hatch Act - 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.1 2.
f. National Historic Preservation Act of 1966 - Section 106 -16 U.S.C. 470(f).1
g. 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. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation 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 sea.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea.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.1
t. Copeland Antikickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.1
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Assurances (9/99) V-1
Executive Orders ,
Executive Order 11246 - Equal Employment Opportunityl
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction)
Executive Order 12898 - 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.)
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.1
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also
labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards
Act).1
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor
(Federal and federally assisted contracting requirements).1
h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3
1. 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.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 1 2
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal
financial assistance.)
o. 49 CFR Part 29 — Government wide debarment and suspension (non -procurement) and government wide requirements for drug -
free workplace (grants).
p. 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.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.1
Office of Management and Budget Circulars
A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
A-133 - Audits of States, Local Governments, and Non -Profit Organizations
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance.
Any requirement levied upon State and Local Governments by this regulation and 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 action has been duly adopted or passed as an official act of the applicant's governing body authorizing the
filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person
Identified as the official representative of the applicant to act in connection 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 government, 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 caried out on the property of the sponsor, it holds good title satisfactory to the Secretary
to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be
obtained.
Airport Assurances (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 of the rights and powers necessary to perform any or all of
the terns, 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. If 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 terms, conditions, and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local goverment or are on property owned
by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise
specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be
applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there
is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of
that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property
owner whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a
public -use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an
employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and
maintained in accordance This 49, United States Code, the regulations and the terms, conditions and assurances in the grant
agreement and shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of
public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located.
S. 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 major runway extension, it has afforded the
opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is located or has advised the communities that they
have the right to petition the Secretary concerning a proposed project.
10. Alr and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the
Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not
been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within
sixty days after the project application has been received by the Secretary.
11. 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 rule or regulation, and has provided for access to the
passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and 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 Speclf'icatlons. 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
subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and
such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall
require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. 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 furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a
grant provided by the United States.
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 sponsors 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 climatic and flood conditions. Any proposal to temporarily
dose the airport for ran -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 will not cause or permit any
change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
Airport Assurances (9/99) V4
22. Economic Nondiscrimination.
a. 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 the 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 at 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 are uniformly applicable
to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted
by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to
facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use
of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers
and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an
air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any 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 limited to maintenance, repair, and
fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be
provided on the same conditions as would apply to the furnishing of such services by 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 will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical
services to the public. For purposes of 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, firth, or corporation, the exclusive right at the
airport to conduct any aeronautical activities, including, but not limited to charter flights, plot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, 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 acoount such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport 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 198Z 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.
Airport Assurances (9/99) V-5
25. Airport Revenues.
a. All revenues generated by the airport and any local 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 which are directly and substantially related to the actual air transportation of passengers or
property, or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations
issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or
operators facilities, Including the airport, to support not only the airport but also the airport owner or operators general debt obligations
or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes
on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the
resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether
funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with -rite 49, United States Code and
any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107
of Title 49, United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make
such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases,
operation and use agreements, regulations and other instruments, available for inspection by any duty authorized agent of the
Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms,
conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available
for inspection by any duly authorized agent of the Secretary upon reasonable request and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal
years, an annual report listing in detail:
(1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other units of government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft It will make available all of the facilities of the airport developed with Federal financial assistance and all
those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times
without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such
use, for the cost of operating and maintaining the facilities used. Unless 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 exist when operations of such
aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized
aircraft, or during any calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross
accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross
weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will famish without cost to the Federal Govemment for use in connection with any air traffic control or air
navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance
at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein
within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions
thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal buildings, hangars and roads), 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 plans and
each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced
by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the
airport.
Airport Assurances (9/99) V-6
b. If a change or alteration in the airport or they facilities is made which the Secretary determines adversely affects the safety, utility, or
efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout
plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a
manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable 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 change in the airport or its facilities.
30. Civil tights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national
origin, sex, age, or handicap be excluded from participating 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 dispose of the land, when the land is no longer needed
for such purposes, 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 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 land purchased under a grant for airport development purposes (other than noise compatibility), 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 proceeds 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 eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical
purposes (including runway protection zones) or serve 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 Federal agency making
such grant before December 31. 1987, was notified by the operator or owner of the uses of such land, did not object to such use,
and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
c. Disposition of such land 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 operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract 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 Tide 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 Restrictions. 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 such 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 constriction.
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 7/1199
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 Subpart 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. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of
transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of
transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The
Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration
of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
Airport Assurances (9199) V-7
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Opidated on: 7/1199
The following apply to both AIP and PFC Proiects
NUMBER
TITLE
70/7460-lJ
Obstruction Marking and Lighting
150/5000-13
Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for AiMort Surface Movement Sensors
150/5210-5B
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7B
Aircraft Fire and Rescue Communications
150/5210-13A
Water Rescue Plans, Facilities, and Equipment
150/5210-14A
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15
Ai rt Rescue & Firefighting Station Building Design_____
15015210-18
Systems for Interactive Training of Ai rt Personnel
150/5210-19
Driver's Enhanced Vision Sys tem DEVS)
150/5220-4B
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10B
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B
Runway Surface Condition Sensor Specification Guide
150/5220-16B
Automated Weather Observing S tems for NonFederal Applications
150/5220-17A
Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19
Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting
Vehicles
150/5220-20, CHG 1
Al!port Snow and Ice Control Equipment
150/5220-21A
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5300-13, CHG 1, 2, 3, 4, 5
Airport Design
150/5300-14
Design of Aircraft Deicing Facilities
150/5320-5B
Airport Drainage
150/5320-6D
Airport Pavement Design and Evaluation
150/5320-12C
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5320-16
Airport Pavement Design for the Boeing 777 Airplane
150/5325-4A, CHG 1
Runway Length Requirements for Airport Design
150/5340-1 G
Standards for Airport Markings
150/5340-4C, CHG 1 & 2
Installation Details for Runway Centerline Touchdown Zone Lighting
Systems
150/5340-5B. CHG 1
Segmented Circle Airport Marker System
150/5340-14B. CHG 1 & 2
Economy Approach Lighting Aids
150/5340-17B
Standby Power for Non -FAA Airport Lighting Systems
150/5340-18C, CHG 1
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
150/5340-21
Airport Miscellaneous Lighting Visual Aids
150/5340-23B
Supplemental Wind Cones
150/5340-24, CHG 1
Runway and Taxiway Edge Lighting System
150/5340-27A
Air -to -Ground Radio Control of Airport Lighting Systems
150/5345-313
Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5345-7D, CHG 1
Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
Airport Assurances (9/99) V-8
i
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
,Updated on: 7/1/99
NUMBER
TITLE
150/5345-10E
Specification for Constant Current Regulators Regulator Monitors
150/5345-12C
Specification for Airport and Heliport Beacon
150/5345-13A
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26B, CHG 1 & 2
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27C
Specification for Wind Cone Assemblies
150/5345-28D, CHG 1
Precision Approach Path Indicator (PAPI) 5 terns
150/5345-39B. CHG 1
FAA Specification L853, Runway and Taxiway Centerline Retroreffective
Markers
150/5345-42C, CHG 1
Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43E
Specification for Obstruction Lighting Equipment
150/5345-44F. CHG 1
Specification for Taxiway and Runway Signs
150/5345-45A
Lightweight Approach Light Structure
150/5345-46A
Specification for Runway and Taxiway Light Fixtures
15015345-47A
Isolation Transformers for Airport Lighting Systems
150/5345-49A
Specification L854, Radio Control Equipment
150/5345-50, CHG 1
Specification for Portable Runway Lights
150/5345-51, CHG 1
Specification for Discharge -Type Flasher Equipment
150/5345-52
Generic Visual Glideslope Indicators GVGI
150/5345-53A,(including addendum
Airport Lighting Equipment Certification Program
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
15015360-12A
Airport Signing & Graphics
15015360-13, CHG 1
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C
Operational Safety on Airports During Construction
150/5370-10A
CHG 1, 2, 3, 4, 5, 6, 7, 8, 9
Standards for Specifying Construction of Airports
150/5390-2A
Heliport Design
150/5390-3
Verti ort Design
The following apply to AIP Protects only
NUMBER
TITLE
150/5100-14C
Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
150/5200-30A, CHG 1 & 2
Airport Winter Safety and Operations
150/5200-33
Hazardous Wildlife Attractants On or Near Airports
15015300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
15015370-11, CHG 1
Use of Nondestructive Testing Devices In the Evaluation of Airport
Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5370-6B
Construction Progress and Inspection Report -Airport Grant Program
The following apply to PFC Protects only
NUMBER
TITLE
150/5000-12
Announcement of Availability - Passenger Facility Charge (PFC) Application
FAA Form 5500-1
Airport Assurances (9/99) V-9