HomeMy WebLinkAboutReso. 1985 - 178 - Accepting the grant offer under aip project no. 3-06-0194-05 for construction of a holding apron and taxiway at the redding municipal airport . , . I
RESOLUTION NO. 33--/7 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ACCEPTING THE GRANT OFFER UNDER AIP PROJECT NO. 3-06-0194-05
FOR CONSTRUCTION OF A HOLDING APRON AND TAXIWAY AT THE
REDDING MUNICIPAL AIRPORT, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE ACCEPTANCE OF SUCH GRANT OFFER.
BE IT RESOLVED by the City Councilof the City of Redding as
follows :
1 . The City of Redding shall accept the Grant Offer of the
United State of America in the amount of Three Hundred Two
Thousand Seven Hundred Sixty and 00/100 Dollars ($302 , 760 . 00) for
the purpose of obtaining Federal aid under AIP Project No.
3-06-0194-05 in the development of the Redding Municipal Airport;
and
2. The City Manager of the City of Redding is hereby
authorized and directed to sign the Statement of Acceptance of
said Grant Offer (entitled Part II - Acceptance) on behalf of the
City of Redding and the City Clerk is hereby authorized and
directed to attest the signature of the City Manager and to
impress the official seal of the City of Redding on the aforesaid
Statement of Acceptance; and
3. A true copy of the Grant Offer referred to herein is
attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 19th day of August , 1985 , and
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was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None f
, /744//7
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'HOWARD D. KIRK ATRICK, Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS, City CLerk
FORM APPROVED:
6./e.
RANrALL A. HAYS , C1yT Attorney
-2-
'l.ID • •
U' G po trr r1 Grant Grant Agreement
Fedarril.Aviation Pert - Offer
AG•:)'.:7istrot x Approved:OMB No. 2120-0065
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Date of Offer July 25, 1985
Redding Municipal Airport/Planning Area
Project Number: 3-0670 194-0 5
Contract Number: DTFA08-85-C-30150
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To; City of Redding, California
(herein called the "Sponsor")
From: The United States of America (acting through the Federal.Aviation Administration, herein called the "FAA")
Whereas,the sponsor has submitted to the FAA a Project Application.dated March 14, 1985 ,for a grant of Federal funds for
a project at or associated with the Redding Municipal. AirportlPlanning Area which Project
Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and
Whereas, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the
following: rrConstruct holding apron for Runway 34 (approx. 8,400 S.Y. ) including
marking and lighting; Construct taxiway turn-off from Runway 16 (approx.
50' x 300' ) including marking and lighting."
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• all as more particularly described in the Project Application.
WHEREAS, this project will not he completed during Fiscal Year 1985 and the estimated
U.S. share of the total cost of completion will. be $302,760.00.
FAA Form 5100-37 02-84) Page 1 of 4 pages
Now therefore, pursuant to an the purpose of carrying cut the provision, ,he Airport and Airway Improvement Act of
1982, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the
Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its
acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided,The Federal Aviation
Administration,for and on behalf of the United States,hereby offers and agrees to pay,as the United States share of the
allowable costs incurred in accompiishing the Project, 90 percentum of a1lowble project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be$ 15, 148.00 . 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:
$ -0- for planning
$ -0- for land acquisition
$ 15, 148.00 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
'inward nr rinwnward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delay 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 August 30, 1985 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 fina
positions of the sponsor,in court or otherwise,involving the recovery of such Federal share shall be approved in advance
by the Secretary.
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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, and the sponsor shall hold the United States harmless from all claims
arising from,or related to,completion of the project or the sponsor's continuing compliance with the terms,conditions,and
assurances in this grant agreement.
FAA Form 510,0-37 biz-ter Payr. 2 of 4 pages
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- 9. The Sponsor agrees to comply with the Office of Management and Budget
Circular A-128 , "Audits of State and Local Governments."
10 . The attached new Part V Assurances (February 1985) are hereby substituted
in lieu of those in the Sponsor' s Project Application dated March 12, 1985 ,
and made a part hereof.
11 . Pursuant tc, Section 512 of the Airport and Airway Improvement Act, and
at the sponsor' s request , the FAA does hereby commit the United States to
obligate an additional amount to this project for payment of its share of
the cost , in accordance caith the terms hereof, not to exceed the apportion-
ment(s) made to the sponsor for FY 1986 pursuant to Section 507 (a) ( 1 )
of said Act , and subject to the restrictions now or hereafter imposed on
the FAA- on use of such apportionment by, but riot limited to, Appropriation
Acts now or hereafter enacted. The exact amount of this commitment will
be established in an amendment to this grant that will be duly executed
by the parties hereto when such computation and obligation can he made
in FY 1986. It is further understood by the parties hereto that this
commitment does not in itself obligate, preclude nor restrict the FAA
in the use of any funds made available for discretionary use under
Section 507 of said Act to further aid the sponsor in meeting the cost
of this project under the terms of this agreement and limitations of
law.
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12 . It is understood and agreed by and between the parties hereto the Federal
participation in that portion of the development described on Page 1
hereof, relating to airport lighting, is predicated upon the Sponsor' s
operating plan concerning the use arid operation of such airport lighting,
dated March 8, 1985 which plan is incorporated herein by reference and
made a part hereof.
P:.;:',e 3 of 4 pages •
The Sponsor's acceptance of thisr and ratification and adoption of the Pro Application incorporated herein shall be
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evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance she!'
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 Ayati n Administration , Western Pacific Region
Name
Mtnager, Airports District Office
The
Part H - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agree-
ments 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 Deter and in the Project
Application.
Executed this day of , 19
CITY OF REDDING, CALIFORNIA
Ot Sponsor
(cFAi By —
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Sponsor's Desv,ated Othc a1 flepresent'twe
Attest:___
Title:.__ —
Certificate of Sponsor's Attorney
4'9./4;, �� ti. f/4/, , 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
California .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 duly11
authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the.said Sand
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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 k' 1.) i 1 , t this v /k day of f't,16 v':a 7– ' , 196 r
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siocTir.o1.S{:or«srx•s Anarrr y .!
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FAA Form 5104-37 itz w) -- �.-,,,._....,.»...�....... .,., Page 4 0f if pages
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Part V - Assurances
Airport and P arming Agency Sponsors Approved:OMB No. 2120-0065
A. General.
1. These assurances shall be complied with in the performance of the following grant agreements:
a. Airport development, airport planning, and noise program implementation grants to airport sponsors.
• b. Integrated airport system planning grants to planning agencies.
2. These assurances are required to be suilmitted 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.As used herein,the term
"public agency sponsor"means a public agency with control of a public-use airport,the term"private sponsor"means a private owner
of a public-use airport, and the term "sponsor" includes public agency sponsors and private sponsors.
3. These assurances also are required to be submitted as part of the project application by a sponsor which is both a public agency and
a planning agency requesting funds for integrated airport system planning under the provisions of the Airport and Airway
Improvement Act of 1982.
4. 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 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 ho 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
funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance.
2. Airport Development or Noise Program Implementation 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 facilities
developed or equipment acquired under an airport development or noise program implementation project shall be no less than 10
years from the date of the 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,and 30 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. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et seq.
b. Hatch Act - 15 U.S.C. 1501, et seq.2
c. Federal Fair Labor Standards Act - 29 U.S.G. 201, et seq.
d. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -Titles II and lit, 42 U.S.C. 4621-4655. '/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. 461, et seq.
h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4001, note.'
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d, et seq.
k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seq.
L Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
m.Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et. seq.
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n. Airport and Airway Improvement Act of 1982 - 49 U.S.C. 2201, et seq.
o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373.1
p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
q. Copeland Antikickback Act - 18 U.S.C. 874.1
r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.'
s. Endangered Species Act - 16 U.S.C. 668(a), et seq.'
These laws do not apply to planning projects. •
2 These laws do not apply to private sponsors.
FAA Form 5100-100(2-e5) Page 1 of 6
Executive Orders •
Executive Order 12372, Intergovernmental Review of Federal Programs.
Federal Regulations
a. 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.
b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs.
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.
q. 49 OFR Part 27-Non-Discrimination on the Basis of Handicap 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 150 - Airport Noise Compatibility Planning.
j. Reserved.
Office of Management 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.*
' OMB Circulars A-37 and A-102 contain requirements for state and local governments receiving Federal:l assistance. Any
requirement levied upon state and local governments by those two circulars shall also be applicable to private sponsors
receiving Federal assistance under the Airport and Airway Improvement Act of 1982.
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 carryout the proposed project and comply with ail
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 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 are not to be paid by the
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United States. It has sufficient funds available to assure 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 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 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 Improvement 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 sponosr's interest, and )make .
binding upon the transferee, all of the terms, conditions, and assurances contained in this grant agreement.
FAA Form 5100-100(2-85) Page 2 of 6
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c.' dor all noise program implement projects which are to be carried out by anothe of local government or are on property
owned b,, 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 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 non-compliance with the terms of the agreement.
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 specifier'by thin,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 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 ageecies that are authorized 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 o'+Local Interest. It has given fair consideration to the interest of communities in or near which the project may be
located.
8. 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.
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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 Administra-
tor 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. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a
line separating two.counties within a single state, it has received approval for the project from the governing body of all villages
incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport.
12.Terminal Development Prerequisites. For projects which include terminal development ata public airport,it has,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 enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier
aircraft.
13. Accounting System, Audit, and Recordkeeping 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 `.:e 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 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
FAA Form 5100-100(2-85) Page 3 of 6
project in connection with which t . rant was given or used,it shall file a certified co , •,l 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. 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. Veterans Preference. It shall include, in all contracts for work on any projects 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
515(c)(1)and(2)of the Airport and Airway Improvement Act of 1982.However,this preference shall apply only where the individuals
t are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications, and schedules approved by
the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other performance under this grant agreement, and, upon approval 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,arid 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
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. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do
all or any part of this project as well as the right to disapprove the proposed scope arid 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. 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 faaiiities
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. .
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 he 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 thesponsor.
. --- __._.R,m..........
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FAA Form 5100-100(2-85) Page 4 of 6
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' b. suitably P It will operate and maintain noise program implementation items that it owns controls upon which Federal.funds have
been expended.
20. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport 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,including the adoption of zoning 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 for noise program implementation,it will not cause or permit any
change in land use, within its jurisdiction, 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 Nondiscrimination.
a. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination to all
types, kinds, and classes of aeronautical uses.
h. 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 engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will
insert and enforce provisions requiring the contractor—
(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 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 as are
applicable to all such air carriers which make similar use of such airport and which utilize 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,orcorporation 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 that 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 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 persons providing, or intending to provide,
aeronautical services to the public. For purposes of this paragraph,the providing of services at an airport by a single 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 that 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 sates 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
FAA Form 5100-IOC(2-85) Page 5 of 6
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- conduct an aeronautical activity noisting at such an airport before the grant of assistance under the Airport and Airay
Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities.and
services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing
at that particular airport,taking into account such factors as the volume of traffic and economy of collection.No part of the Federal
share of an airport development,airport planning or noise program implementation project for which a grant is made under the Airport
and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development 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 expended by it for
the capital or operating costs of the airport,the local airport system,or other local facilities which are owned or operated by the owner
or operator of the airport and directly related to the actual transportation of passengers or property. Provided, however, that if
covenants 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.
26. Reports and Inspections. It will iebmit to the Secretary such annual or special financial arid operations reports as the Secretary
may reasonably request. For airport development projects, it will also 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 duly authorized agent of the Secretary upon reasonable request.For noise program implementation projects,it will
also make records and documents relating to the project and continued compliance with the terms,conditions,and assurances of the
grant agi;eement 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 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 montc 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 movements of government aircraft rnultipli ed 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 water,or
estate therein,or right 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 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 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 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 efficiency of the airport.
30.Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color, -
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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 assistance 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.
FAA Form 5100-100 R-as) Page 6 of 6