HomeMy WebLinkAboutResolution - 2645 - Grant Agreement - FAA - Project #3-48-0138-07, Runway Rehabilitation, LIA - 09_24_1987Resolution #2645
September 24, 19P7
Agenda Item #21
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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 Agree-
ment with the Federal Aviation Administration in the amount of $484,018 for
Project #3-48-0138-07, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 241h day of September , 1987.
C
.C. MCMINN, MAYOR
ATTEST:
, city Secretary
APPROVED AS TO CONTENT:
--W� ad&
Marvin Coffee, 0' cto of Aviation
APPROVED AS TO FORM:
Harold Willard, Assistant City -Attorney
Page I of 4 pages
faiew GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
U.SDepamnmv
°tvansportmon Part 1-Offer
FatiefdAvfartbn SEP 15 1987
Adn*"tration Date of Offer:
Airport: Lubbock International Airport
Project No. 3-48-0138-07
Contract No. DOT-FA87SW-8835
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 September 10, 1987 , 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:
Rehabilitate Runway 8/26 and 17R/35L; Acquire snow blower
all as more particularly described in the property map and plans and specifications incor-
porated in the said Application for Federal Assistance.
FAA Form 5100-37 (10-84) Development or Noise Program
Page 2 of 4 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions
of the Airport and Airway Improvement Act of 19829 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,
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 $ 484,018 . For the purposes of
any future grant amendments Which may increase the foregoing
maximum obligation of the United States under the provisions of
Section 512(b) of the Act, the following amounts are being
specified for this purpose:
for land acquisition
484,018 for airport development or noise program
Implementation (other than land acquisition).
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.
Unless otherwise stated in this grant agreement, any program income
earned by the sponsor during the grant period shall be deducted
from the total allowable project costs prior to making the final
determination of the United States share. 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.vhich Were made part of the
project application.
FAA Form 5100-37 (10-84) Development or Noise Program
Page 3 of 4 pages
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, l487 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 per-
taining 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. The property map referred to on Page 1 of this Grant Agreement is
the Property Map, Exhibit "A", dated August 24, 1984, attached
herein.
10. The plans and specifications referred to on Page 1 of this Grant
Agreement are the plans and specifications approved by the FAA on
July 29, 1987.
"FAA Form 5100-37 (10-8$)Development or Noise Program
Page 4 of 4 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
FEDERAL AVIATION ADMINISTRATION
(Title) Manager. Albuquerque Airports District Offiee
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
City of Lubbock
(Name of Sponsor)
By .,ZA7 s
(SEAL) (Sponsor's Designated Official Representative)
Title
Atte
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, ,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, 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 -o,?-,5� kday of U/1. 19 9j
'AMR M AS 10 CONVM:
4/?w Z2=: Signature of Sponsor's Attorney
FAA Form 5100-37 (10-84) Development or Noise Program
FEDERAL ASSISTANCE
1z A`
074'
`""�
'
CATION
I. TYPE
CATION
IDENTI-
OF SUSMISStON ❑NOTICE of INTENT wraaU
018 V- ❑ PREAI"PLICATION
4
�
MIA- TO sE
XUIONW
b. DATE
ear waetA Jar
r" d ® APPLICATION
1987 09 10
aY VrATE
Garr
Skak
a. NUMBER
DATE
ASSIGNED roar amik day
19
4. LEGAL APPLICANT/RECIPIENT
5. EMPLOYER IDENTIFICATION NUMBER (EM
a Appiicam Name City. of Lubbock
75-6000590 '
b.Orowt fion unn Lubbock International Airport
a
c. Saeet/P.o. Baer Route 3, Box 389
PRO-
a. NUMBER 12 10 1 - 1 11 01 61
d. city Lubbock e, Cox1y Lubbock
GRAM
E state Texas % Zjp(fie, 79401
(Frwn CFDA)
MULTIPLE O
b. 1TTLE
ti cwftd Person (Naas Marvin W. Cof fee
Tetq%%omNa) 806/762-3925
AIP
7. TITLE OF APPUCANTS PROJECT (UnG aecbm IV of rib form fo proiAde a summwy desmiP m of to
8. TYPE OF AWUCANT/RECfPIENT
txolett)
aerr w. ��'°-' �a
I. Seal Joints and Cracks in Concrete Pavement (Runways)
°''claw& ~Ti ft
-card R-on.. a,*abx
II. Acquire Snow Blower
to
6ua app.opr{aar ktrer E❑
!. AREA OF PROJECT IMPACT (Noma ofdtks mxdes Mau& ex)
10. ESTIMATED NUMBER
11. TYPE OF ASSISTANCE
OF PERSONS BENEFITING
Lubbock County
250,000
a E-
c-Low =
11a
PROPOSED FUNDING
13. CONGRESSIONAL DISTRICTS OF:
14. TYPE OF APPLICATION
t
A—Mm e--n..ww
484,018.00 a APPLICANT b. PROJECT G-+we" a-c&*U" E4w eomp6w Nms
53,780.00 19
.00 1& PROJECT START
.00 DATE rear soedr An
19 87 09 14
- -J.kTA t 0-
6 Ak
%week Jar
IT. TYPE OF CHANGE (far )4c dr !w
c--kwwa 04~
u-oaa me CUP un
9-4:4 woe
L Tow IS 537,798.001 FEDERAL AGENCY . 19 87 09 11 L
19.FEDERAL AGENCY TORECEIVE REGUEST DOT, Federal Aviation Administration
- DOT/FAA ABQ ADO Fred 0. Gurule
C. ADDRESS
Federal Aviation Administration, Airports District Office,
2930 Yale, S.E., Room 109A, Albuquerque, New Mexico 87106
To ttA best of n knawtedpe and bead, a. YES, THIS NOTICE OF INTENT/PREAPP"T /APP TKR WAS W
rdE data in ttria pnappR atfon/ap keftn EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
APPLICANT am vw and owo:1, the docrnaM hn DATE
CNcRTiFMS been d* WANWtzed by ttw gwwr*V
THAT► bo* of to appkW and III* aMgmw
wtl ewpty wnh to atlad*d awumr"s b. NO, PROGRAM IS NOT COVERED BY E.O. 12372 Ej
I the aasiatance Is approved. OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑
22.
CERTIFYING
REPRE-
SENTATIVE
24. APPLIf.A
a TYPED NAME AND TITLE b. SIGNATURE
Marvin W. Coffee Director of Aviation
rim mmik Jar 12& FEDERAL APPLICATION IDENTIFICATION NUMBER 126. FEDE
DIVED 19
V. ACTION TAKEN
28. F
O a;, AWARDED
O L REJECTED
O t:.RETURNED FOR
a FEDERAL
b.
AMENDIMENT
O d 'RETURNED FOR
E.O. 12372 SUBMISSION
a STAT
d LOCAL
BY APPUf',ANT TO
STATE
e. OTHER
O a DEFERRED
1. TOTAL S
O L WITHDRAWN
8
W
Yea nmA Jar
o � S;
EXISTING FEDERAL GRANT
IDENTIFICATION NUMBER
3-48-0138-07
21. REMARKS ADDED
TO THE
--� TION (!Vane teed etkphow rrrrnba) 19
IDATE
.00
❑ Yea ❑ No
IM r54"1-006-6162 424-103 STANDARD FORM 424 PAGE / Mft. 4-04)
PFEV10US EDITION Pm ibed Sy OAld CYrra/ar A-101
Q MDT USABLE
1QEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II
*We NO so -Rots
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 _ Nome of Agency or
advisory, educational or health clearances? Board
Yes X No (Attach Documentation)
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
Yes X No
Item 4.
Does this assistance request require State, local, Nome of Approving Agency
regional or other planning approval? Date
Yes X No
Item 5.
1s the proposed project covered by an approved Check one: State !_]
comprehensive plan? Local
Regional [ i
X Yes No Location of plan Lubbock. Texas
Item 6.
Will the assistance requested serve a Federal
installation? Yes X No
Name of Federal Installation
Federal Population benefiting from Project
Item 7.
Will the assistance requested be on Federal land Nome of Federal Installation
ar installation? Location of Federal 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 Forms
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 t6.731 SUPERSEDES FAA FORM SIOO-10 PAGES 1 TMRU 7 Page 2
UA DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION OMB NO.Oa-R0209
PART Q . 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:
Adopted Airport Hazard Zoning Ordinance
Adopted Airport Master Plan
2. Defaults. —The Sponsor is not in default on any obligation td 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 teases, 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 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 follows:
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 aforementioned 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 adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property reap.
FAA Form 5100-100 (4-76) Paae 3a
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. oa-RO2a9
PART II - 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 "A":
NONE
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under
the project, the following property interest in the following areas of land* which are to 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":
NONE
S. Exclusive Rights. —There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the §ponsor except as follows:
!State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3b
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION Ous No. so-Ro
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No .............
2. Functional or Other Breakout ....................
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or H
1. Administration expense
S
S
$ 860
2. Preliminary expense
—0-
3. Landtstructures, right-of-way
—0-
4. Architectural engineering basic fees
11,120
5. Other architectural engineering fees
430
6. Project inspection fees
10,750
7. Land development
—0-
8. Relocation Expenses
—0-
9. Relocation payments to Individuals and Businesses
—0-
10. Demolition and removal
—0-
11. Construction and project improvement
329,638
12. Equipment (Snow Blower)
185,000
13. Miscellaneous
—0-
14. Total (Lines 1 through 13)
537,798
15. Estimated Income (if applicable)
—0-
16. Net Project Amount (Line 14 minus 15)
537,798
17. Less: Ineligible Exclusions
—0-
18. Add: Contingencies
—0-
19. Total Project Amt. (Excluding Rehabilitation Grants)
537,798
20. Federal Share requested of Line 19
484,018
21. Add Rehabilitation Grants Requested (100 Percent)
—0-
22. Total Federal grant requested (Lines 20 & 21)
484,018
23. Grantee share
53,780
24. Other shares
—0-
15. Total project (Lines22, 23 $ 24)
$
S
S 537,798
FAA Form 5100.100 (6 73) SUPERSEDES FAA FORM 3100 -10 PAGES 1 THRu 7 0--
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
orae No. •o-rto,e
SECTION C — EXCLUSIONS
26
Classification
Ineligiblo for
Participation
1
Eacludtd from
Contingency Provision
o.
S
$
b.
C.
d.
f,
g.
Totals
$
$ —0—
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
S
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
53,780
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL — Grantee share
28.
Other Shares
a. State
b. Other
c. Total Other Shares
29.
TOTAL
S 53,780
SECTION E — REMARKS
PART IV PROGRAM NARRATIVE Attach — See Instructions
FAA Form Slacl.lon (6-73) SUPERSEDES FAA FORM 5100-%0 PAGES t THRU 7
-i-
PART Y
ASSURANCES
(Public Agency Sponsors of Development or Noise Program Projects)
A. GENERAL.
1. These assurances shall be complied with in the performance of the following grant agreementss
Airport development and noise program implementation grants to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting
funds under the provisions of the Airport and Airway Improvement Act of 1982 or the Aviation Safety and Noise
Abatement Act of 1979. This set of assurances includes only those assurances which are applicable to a sponsor
who is a public agency with control of a public -use airport.
3. Deleted.
4. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part
of the grant agreemeni.
B. DURATION AND APPLICABILITY.
Airport Development or Noise Program Implementation 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 program
implementation project, or throughout the useful life of the project items installed within a facility under a
noise program implementation project, but in any event not to exceed twenty (20) years from the date of
acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration
of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property
acquired with Federal tends. Furthermore, the duration of the Civil Rights assurance shall be as specified in
the assurance.
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. Federal Aviation Act of 1958 - 49 U.S.C. 1301, at she .
b. Davis -Bacon Act - 40 U.S.C. 276(a). et s�e3
c. Federal Fair Labor Standards Act of 1�3$ -•29 U.S.C. 201, at
d. Retch Act - 5 U.S.C. 1501, of seq.
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601,
It seq.
f. Rational Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
g.s Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469C.
h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
J. Civil Rights Act of 1964 - Title YI - 42 U.S.C. 2000d through d-4.
k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, st seq.
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, at see.
■. Architectural Barriers Act of 1968 - 42 U.S.C. 41311, et se
a. Airport and Airway Improvement Act of 1982 - 49 U.S.C, 2�, at she
o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373.
p. Contract York Hours and Safety Standards Act - 40 U.S.C. 327, at steer.
q. Copeland Antikickback Act - 18 U.S.C. 874.
r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, at se
a. Endangered Species Act of 1973 - 16 U.S.C. 668(a), at Lea.
t. Single Audit Act of 1984 - 31 U.S.C. 7501. at Leg.
Executive Orders.
Executive Order 12372, Intergovernmental Review of Federal Programs.
Federal Regulations.
a. 49 CYR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation - Effectuation of Title YI of the Civil Rights Act of 1964.
b. 49 CFR Part 23 - Participation by xinority Business Enterprise in Department of Transportation
Programs.
FAA Fora 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 6
c. 49 CFR Part 25 - Relocation Assistance and Land Acquisition for Federal and Federally Assisted
Programs.
d. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.
e. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in whole
or Part by Loans or Grants from U.S.
f. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction.
g. 49 CFR Part 27 - Nondiscrimination on the Basis of Randicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance.
h. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and Federally -assisted Contracting Requirements).
i. 14 CFR Part 1% - Airport Noise Compatibility Planning.
office of Nanaeement and Budget Circulars.
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-102 - Uniform Requirements for Assistance to State and Local Governments.
c. A-128 - Audits of State and Local Governments.
Specific assurances required to be included in grant agreements by any of the above lace, regulations 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, 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.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which
is not to be paid by the United States. It has sufficient funds available to seeurs operation and maintenance
of items funded under the grant agreement which it will own or control.
4. Good Title. It holds good title, satisfactory to the Secretary, to the landing area of the airport or
site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
For noise program implementation projects to be carried out on the property of the sponsor, it holds
good title satisfactory to the Secretary to that portion of the property upon which Federal Funds will be
expended or will give assurance to the Secretary that good title will be obtained.
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 terms, conditions, and assurances in the grant agreement without
the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding
rights or claims of right of others which would interfere with such performance by the sponsor. This shall be
done is a scanner 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 program implementation project,
that portion of the property upon which Federal funds have been expended, for the duration of the terms,
conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found
by the Secretary to be eligible under the Airport and Airway Iaprovement Act of 1982 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 program implementation projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it will enter into an
agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate
that government to 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 program implementation 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 noncompliance with the terms of the agreement.
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 7
d. For noise program implementation 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 tnforce this agreement against the property owner whenever there is substantial
noncompliance with the terms of the agreement.
a. Deleted.
f. If an arrangement is made for management and operation of the airport by any agency or person other
than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to
insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement
Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure
that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of
submission of this application) of public agencies that are authorised by the state in which the project is
located to plan for the development of the area surrounding the airport. For noise program implementation
projects, other than land acquisition, to be carried out on property not owned by the airport and over which
property another public agency has land use control or authority, the sponsor shall obtain from each such agency
a written declaration that such agency supports the project and the project is reasonably consistent with the
agency's plans regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or
near which the project may be located.
S. Consultation with Users. In making a decision to undertake any airport development project under the
Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties
using the airport at which the 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 the goals
and objectives of such planning as has been carried out by the community. It shall, when requested by the
Secretary, submit a copy of the transcript of such hearings to the Secretary.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or
runway location it will provide for the Governor of the state in which the project is located to certify in
writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply
with applicable air and water quality standards. In any case where such standards have not been approved and
where applicable air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal
to certify shall be provided within sixty days after the project application has been received by the Secretary.
11. Deleted.
12. Terminal Development Prerequisites. For projects which include terminal development at a public
airport, it hang on the date of submittal of the project grant application, all the safety equipment required
for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security
equipment ,required by rule or regulation, and has provided for access to the passenger anplaning and deplaning
area of such airport by passengers enplaning or deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkesping 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 and 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 U.S. General Accounting
Office publication entitled Guidelines for Financial and Compliance Audits of Federally Assisted Programs.
b. It shall 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,
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 6 months following the close of the fiscal year for
which the audit was made.
14. Ainimum 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.
FA1 Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 8
15. veterans Preference. It shall include, in all contracts for work on any projects funded under the
4rant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor
(except in executive, admininstrative, and supervisory positions), preference shall be given to veterans of the
Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement
Act of 1982. However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plane, 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 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 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 with 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 prpject 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
does necessary.
18. Deleted.
19. Operation and Raintenance.
a. It will suitably operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. 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,
&hall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards
as may be required or proscribed by applicable Federal, state, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with its use 'for
airport purposes.
In furtherance of this assurance, the sponsor will have in effect at all times arrangements for—
(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 Goo or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise program implementation items that it owns or controls
upon which Federal funds have been expended.
20. Retard Removal and Niti ation. It will adequately clear and protect the aerial approaches to the
airport by removing, loweringt 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, including the adoption of toning laws, to the
extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to
activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.
In addition, if the project is %or noise program implementation, it will not cause or permit any change in land
use, within its juriedication, that will reduce the compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nc.ndiscrimation.
a. It wil:. make its airport available as an airport for public -use on fair and reasonable terms and
without unjust disc:-imination, to all types, kinds, and classes of aeronautical uses.
b. In env agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and enforce provision requiring the
contractor —
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 9
(1) To furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
thereof, and
(2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service,
provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or
other similar types of price reductions to volume purchasers.
c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same
or similar uses of such airport and utilising 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.
a. 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 as are applicable to all such air carriers, which make
similar use of such airport and which utilise similar facilities, subject to reasonable classifications such as
tenants or nontenants, and combined passenger and cargo flights or all cargo flights. Classification or status
as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on tenant air carriers.
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 contractors or concessionaires of the sponsor under these provisions.
h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be not 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 persona
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 fixed -based operator shall not be construed as an exclusive
right if both of the following apply: (1) It would be unreasonably costly, burdensome, or impractical for more
than one fixed -based 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 between
such single fixed -based operator and such airport.
It further agrees it will not, either directly or indirectly, grant or permit any person, firm or
corporation 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 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 otter aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and
any other activitie❑ which because of their direct relationship to the operation of aircraft can be regarded as
an aeronautical act:vity, 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 the Airport and Airway Improvement Act of
1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurances 22
and 23, for the facilities and services being provided the airport users which will sake the airport as
self-sustaining as possible under the circumstances existing at that particular airport, taking into account
such factors as the volume of trr.ffic 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 the Airport and
Airway Improvement Act of 19820 the Federal Airport Act or the Airport and Airway Development Act of 1970 shall
be included in the rate base in establishing fees, rates, and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the
airport will be exionded 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 related
to the actual transportation of passengers or property. Provided, however, that if conversant■ or assurances in
debt obligations previously issued by the owner or operator of the airport, or provisions in governing statutes
controlling the owner or operator's financing, provide for the use of the 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 general debt obligations or other facilities, then this limitation on the use of all revenues
generated by the airport shall not apply.
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 10
26. Reports and Inspections. It will submit to the Secretary such annual or special financial and
operations reports as the Secretary may reasonably request. For airport development projects, it will also sake
the airport and all airport records and documents affecting the airport, including deeds, losses, operation and
use agreements, regulations and other instruments, available for inspection by any duly authorised agent of the
Secretary upon reasonable request. For noise program implementation projects, it will also make record& 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.
27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with
Federal f4rAr ial 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 authorised aircraft, or during any
calendar month that --
a. Five (5) or core government aircraft are regularly based at the airport or on land adjacent
theretot 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 movements of
government aircraft multiplied by gross 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 weather -reporting and communication
activities related to air traffic control, any areas of land or rater, 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 (11T 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 purposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal buildings, hangar*, 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 thereof.. Such airport layout plan 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 authorised
representative of tLo Secretary on the face of the airport layout plan. The sponsor will not make or permit any
ohangas or alteration in the airport or in any of its facilities other than in conformity with the airport
layout plan as so approved by the Secretary if such changes or alterations might adversely affect the safety,
utility, or efficiez.cy of the airport.
30. Civil Eights. It will comply with such rules as are promulgated to assure that no person shall, on the
grounds oft 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 the 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: (1) the period during which the property is used for a purpose for which
Federal financial a,ssistance is extended, or for another purpose involving the provision of similar services or
benefits or (2) the period during which the sponsor retains ownership or possession of the property.
1AA Form 5100-100 (:10-85) Development or Noise Program - Public Sponsor Page 11
ASSURANCE 31
Policies, Standards, and Specifications. It will carry out the project in accor-
dance with policies, standards, and specifications approved by the Secretary
including but not limited to the advisory circulars listed below, and in accor-
dance with applicable state policies, standards, and specifications approved by
the Secretary.
Number Subject
70/7460-lG
Obstruction Marking and Lighting
150/5200-23A
Airport Snow and Ice Control
150/5210-5A
Painting, Marking, and Lighting of Vehicles Used on
an Airport
150/5210-7B
Aircraft Fire and Rescue Communications
150/5210-10
Airport Fire and Rescue Equipment Building Guide
150/5210-14
Guide Specification --Airport Firefigher Protective
Clothing
150/5220-4A
Water Supply Systems for Aircraft Fire and Rescue
Protection
150/5220-10
Guide Specification for Water/Foam Type Aircraft Fire
and Rescue Trucks
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
150/5300/2D
Airport Design Standards --Site Requirements for
Terminal Navigation Facilities
150/5300-4B
Utility Airports --Air Access to National Transportation
150/5300-12
Airport Design Standards --Transport Airports
150/5320-5B
Airport Drainage
150/5320-6C
Airport Pavement Design and Evaluation
150/5320-12
Methods for the Design, Construction, and Maintenance
of Skid Resistant Airport Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5325-4
Runway Length Requirements for Airport Design
150/5340-lE
Marking of Paved Areas on Airports
150/5340-4C
Installation Details for Runway Centerline
Touchdown Zone Lighting Systems
150/5340-5B
Segmented Circle Airport Marker System
150/5340-14B
Economy Approach Lighting Aids
150/5340-17A
Standby Power for Non -FAA Airport Lighting Systems
150/5340-TSB
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
150/5340-21
Airport Miscellaneous Lighting Visual Aids
150/5340-23A
Supplemental Wind Cones
150/5340-24
Runway and Taxiway Edge Lighting System
150/5340-27
Air -to -Ground Radio Control of Airport Lighting
Systems
FAA Form 5100-100 (3-86) Development or Noise Program - Public Sponsor Page 12
Number Subject
150/5345-3C
Specification for L-821 Panels for Remote Control
of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5345-7D
Specification for L-824 Underground Electrical
Cable for Airport Lighting Circuits
150/5345-10E
Specification for Constant Current Regulators and
Regulator Monitors
150/5345-12C
Specification for Airport and Heliport Beacon
150/5345-13
Specification for L-841 Auxiliary Relay Cabinet
Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-26B
Specification for L-823 Plug and Receptacle, Cable
Connectors
150/5345-27C
Specification for Wind Cone Assemblies
150/5345-28D
Precision Approach Path Indicator (PAPI) Systems
150/5345-39B
FAA Specification L-853, Runway and Taxiway Center-
line Retroreflective Markers
150/5345-42B
FAA Specification L-857, Airport Light Bases,
Transformer Houses, and Junction Boxes
150/5345-43C
Specification for Obstruction Lighting Equipment
150/5345-44D
Specification for Taxiway and Runway Signs
150/5345-45
Lightweight Approach Light Structure
150/5345-46A
Specification for Runway and Taxiway Light Fixtures
150/5345-47
Isolation Transformers for Airport Lighting Systems
150/5345-48
Specification for Runway and Taxiway Edge Lights
150/5345-49
Specification L-854, Radio Control Equipment
150/5345-50
Specification for Portable Runway Lights
150/5345-51
Specification for Discharge -Type Flasher
Equipment
150/5370-6A
Construction Progress and Inspection
Report--Federal-Aid Airport Program
150/5370-10
Standards for Specifying Construction of Airports
150/5370-11
Use of Nondestructive Testing Devices in
the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant
Projects
150/5390-1B
Heliport Design Guide
FAA Form 5100-100 (3-86) Development or Noise Program - Public Sponsor Page 13
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