HomeMy WebLinkAboutRES 92-250 i'
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby authorized, to accept a grant offer from the
Federal Aviation Administration (FAA) for improvements to the Beaumont Municipal Airport,
a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the Zf& day
of 1992.
- Mayor -
Pro Tem
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT _
PART 1-OFFER
Date of Offer: SEPTEMBER 4, 1992 Project No. 3-48-0240-02
Airport: BEAUMONT MUNICIPAL Contract No. 92 SW-8178
AIRPORT
TO: CITY OF BEAUMONT, TEXAS
(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 2, 1992, for a grant of Federal funds for a project for
development of the BEAUMONT MUNICIPAL 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:
WIDEN AND REHABILITATE RUNWAY 12/30; REPLACE RUNWAY 12/30 LIGHTS;
RELOCATE DRAINAGE CHANNEL; CONSTRUCT NEW APRON; REHABILITATE
APRON AND TAXIWAYS; RECONSTRUCT HANGAR TAXIWAYS; INSTALL PLASI;
INSTALL PERIMETER FENCE; ACQUIRE RUNWAY 12/30 RUNWAY PROTECTION
ZONE EASEMENTS
all as more particularly described in the property map and plans and specifications incorporated in
the said Application for Federal Assistance.
EXtiIBIT "A"
FAA Form 5100-37(10-89)Development or Noise Program Page 1 of 6 Pages
k)-9,�-,I 5o q --l�-R ,
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act
of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Project Application and its acceptance of this Offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the public from the accomplishment
of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL
AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, NINETY (90) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $780,467.
2. The allowable costs of the project shall not include any costs determined by the FAA to be
ineligible for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and
in accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance
with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance
by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs
of the project unless this offer has been accepted by the sponsor on or before September 30,
1992, 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 judgement, to the Secretary. It shall furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share
or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the sponsor, in court or otherwise, involving the recovery
of such Federal share shall be approved in advance by the Secretary.
FAA Form 5100-37(10-89)Development or Noise Program Page 2 of 6 Pages
R-9a .a56 Q-ls-�a,
8. The United States shall not be responsible or liable for damage to property or injury to persons
which may arise from, or be incident to, compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for airport development or noise compatibility for which
funds are provided under this grant. The sponsor will include in every contract a provision
implementing this special condition.
10. It is mutually understood and agreed that if, during the life of the project, the FAA determines
that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent,
whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA
advising of the budget change. Conversely, if there is an overrun in the eligible project costs,
FAA may increase the grant to cover the amount of overrun not to exceed the statutory
fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon
issuance of either of the aforementioned letters, the maximum obligation of the United States
is adjusted to the amount specified.
11. The property map referred to on Page 1 of this Grant Agreement is the Property Map,
Exhibit "A", dated August 24, 1992, attached to the Application for Federal Assistance attached
hereto.
12. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and
specifications approved by the FAA on August 20, 1992.
13. The Sponsor agrees to perform the following:
a. Furnish a construction management program to FAA prior to the start of construction
which shall detail the measures and procedures to be used to comply with the quality
control provisions of the construction contract, including, but not limited to, all quality
control provisions and tests required by the Federal specifications. The program shall
include as a minimum:
(1) The name of the person representing the sponsor who has overall responsibility for
contract administration for the project and the authority to take necessary actions to
comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be
provided.
(3) Procedures for determining that testing laboratories meet the requirements of the
American Society of Testing and Material's standards on laboratory evaluation,
referenced in the contract specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test standard,
and the acceptance criteria of tolerances permitted for each type of test.
FAA For 100-37(10-89)Development or Noise Program Page 3 of 6 Pages
--Cin -a 5 n g-IS--4a
(6) Procedures for ensuring that the tests are taken in accordance with the program, that
they are documented daily, that the proper corrective actions, where necessary, are
undertaken.
b. Submit at completion of the project, a final test and quality control report documenting
the results of all tests performed, highlighting those tests that failed or did not meet the
applicable test standard. The report shall include the pay reductions applied and reasons
for accepting any out-of-tolerance material. An interim test and quality control report shall
be submitted, if requested by the FAA.
C. Failure to provide a complete report as described in paragraph 2, or failure to perform
such tests, shall, absent any compelling justification, result in a reduction in Federal
participation for costs incurred in connection with construction of the applicable pavement.
Such reduction shall be at the discretion of the FAA and will be based on the type or types
of required tests not performed or not documented and will be commensurate with the
proportion of applicable pavement with respect to the total pavement constructed under the
grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce
grant payments accordingly if such independent tests determine that sponsor test results are
inaccurate.
14. The sponsor agrees to request cash drawdowns on the authorized letter of credit only as and
when actually needed for its disbursements and to timely reporting of such disbursements as
required. It is understood that failure to adhere to this provision may cause the letter of credit
to be revoked.
15. It is understood and agreed that no payment and/or drawdowns on Letters of Credit will be
made under this grant agreement prior to October 1, 1992.
FAA Form 5100-37(10-89)Development or Noise Program Page 4 of 6 Pages
R-U- 5el
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
I
6,c—
Manager, Texas Airport Development Office
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 , 19
CITY OF BEAUMONT, TEXAS
(Name of Sponsor)
By:
(SEAL) (Sponsor's Uesignated Official epresen a ive
Title:
Attest:
Title:
FAA p `rm 1 0-37(10 a-89)Development or Noise Program
_�5 GZ 5 '� Page 5 of 6 Pages
-
CERTIFICATE OF SPONSOR'S ATTORNEY
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 —day of Lf,)t -L , 19 �-
-� Signa'TfSponsor s orney
FAA Form 5100-37(10-89)Development or Noise Program Page 6 of 6 Pages
pM t o pgrcry a 1 K 0.01"-004 3
APPLICATION FOR 2.LATE$We-r"ED A'Vocant U*nldw
FEDERAL ASSISTANCE September 3, 1992
t. TYr{Of wttrr2SrOt/: s.DATt RLCVYLD A(CTATE slat• Apoicat*n t:Swntrrrr
Jlop'rcarro++ Prwt�pr�caUOn
® �O'tYttuClion ❑ GonftruClgn
A.DATt REZLMD BY rLDCRAL AMOCY Fsdwal bwnhfiw
❑ ❑ O
s. APPL?--Kr bk"XATIO►( /
Legal Narr.@. Organisational Urwt:
City of Beaumont Central Services
Aodresl Ir"city,wunty,state.aner up coda!' Nan.@ And to4phm»number of this psrmn to be tontioctsd on ervtun mcmng
ttut avocation jr^v area cods)
801 Main Street Linda McClellan Kirby Richard
P.O. Box 3827 Aviation Alliance, Inc. Airport Manager
Beaumont, _TX 77704 817-498-0388 409-880-3742
L [r►tOYER MWITFICAT10M WVMLER(tiN►: 7. rmt OF ApnxAw.On w aiipprowisi*hrlar in box) C
7 4 6 0 0 0 2 7 8
A. State M.1 idepw idw ut
tt 8,P, t D .
S. County L State ConsroArd haatuhan of H'90'«La --V
C. 1kr+ir it W J. Privwte Unit raity
L TY►t OF Aa'PUCAT1p►t D. Toirr f K 1'+dian Tribe
® O Uru;rxJation E3 q.Viion E. tnwsuts L r+6fv+d%W
F. tr� U.Piton OrwUtation
v p %virtu anti appropriate bttar(t)in box:(-): ❑ ❑ G.Sptaaat Dotriet K Other(Spec:y):
A I cs&tit Award ■.DaxAasa Award C.ktc^aam Duration
D.Decease aaatJon. Ottw(u»u/y): t. watt OF FCDOUr.havoc"
Federal Aviation Administration
Fort Wroth TX 76193-0650
$L CATALOG OF FtDCAAL DOME%= 1 t. VC:% 1nM TTT11 OF APPL Cr•KT7 PACWMCT:
ASitfTAW-1 W""k W""
Runway, Taxiway and apron construction
TR1E Airport Improvemnet Program and pavement rehabilitation
1L ARLAA AM C=NY HACACT Wb*S.=UnMS.States.*X-
Beaumont, Jefferson County,' Texas
t3. Poofto [D VaaACT: taw CO..GR£LfJO.tAt DMT*lCn O+r.
Start DOW Ending Data a Acp6Cbmt :b.PraKf
11-03-92 04-07-93 9th 9th
TL tFrWATn FWkVWOG: %1.16"f XAT*%WLJtCT To WYttW BY tTAT1 ECIC1tTTYL ORD"11272 PROCrW
a' FeQ+rsf 90% I: '� , YES STATE RDEXAPCPLjCAT ORDER inn PPPoS5 F:OR AREVIEw TO THE
780-4 7
b AppiiorR 3 DATE September 3, 1992
50 43,359 '
C.tTasa i .00 5 0 43,359 - b NO. ❑ Pg0C.+vw 15 NOT COVVIED K EO.12372
d.Lour f JAO
❑ oq rpr G"w MIAs NOT mEw SELECTED V STATE FOR REVIEW
e Othw : so
1. Ptt+QrRn trrorne f .00 17. •THt AMtCANT W-000LWd Ck Am MW%AL DUI I
❑ Yia s ■'Yea'atue an 00-41ion. ❑ No
g TOTAL .
867,185
IL TO THE K31 OF Wf A)+01%M=AR10 t CUU.ALL DATA sit TIM AISUCAM t0 tAM JCA 10M Alit TWA AND CCIUMV.TVA DCC3W MT KU B'M VMY
&Vr,K)e=BY THE*CrAMMMto DWY OF TW Aa'rveAPa AM THE&P tXAff welt=6,ftY arrrH rot ATTACHO Aii�IF TM AtUVA OCI 19 AWARDED
D.True c.Te+ec�+orr nurnDe*
a'T��'ad�1Or'� = t"A ( -X09)880-3708
Ray �1. Riley
Q Sgnywr�d Autt+orw I P,abnrRllntat,va • Deu Sgr.@d tr
t.W. UsaD+� A-r.^- lanyrp dm a.a r^cv J
`�i(\ � thwfv C 0► Owe t:^Crl!• "1
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
aM6 NO 60•C;IPA
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, Name of Governing Body
regional, or other priority rating? Priority Rating
Yes X No
Item 2.
Does this assistance request require State, or local Nome of Agency or
advisory, educational or health clearances? Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
X
Yes No
Item 4.
Does this assistance request require State, local, Nome of Approving Agency
regional or other planning approval? X Date
Yes No
Item S.
Is the proposed project covered by on approved Check one: State X Taft Plan
comprehensive plan? Local _
Regional
State of Texas
X Yes No Location of plan
Item b.
Will the assistance requested serve a Federal Nome of Federal Installation
installation? Yes X No Federal Population benefiting from Project
Item 7.
Will the assistance requested be on Federal land Nome of Federal Installation
or installation? X Location of Federa! Land
Yes No Percent of Project
Item 8.
Will the assistance requested have on impact or effect See instruction for additional information to be
on the environment? provided.
Yes X No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals families, businesses, or farms? Families
Businesses
Yes X No Farms
Item 10.
Is there other related Federal assistance on this See instructions for additional information to be
project previous, pending, or anticipated? provided.
X
Yes No
FAA Fo— 5100.100 16.731 SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 2
t� ga!51) q-/S---9L
DEPARTMENT OF TRAN5PORTAI JN — FEDERAL AVIATION ADMINISTRATION p.+B NO.04-R0209
PART II - SECTION C (SECTION B O�fITrD)
The Sponsor hereby represents and certifies es follows:
1. Compatible Land Use.—The Sponsor has taken the following actions to ,sure compatible usage of land adjacent to or in
the vicinity of the airport:
Height Zoning Ordance
2. Defaults.—The S nsor is not in default on any obligation to the United States or any agency of the United States Govern-
ment relative to the development,operation,or maintenance of any airport,except as stated herewith:
NONE
3. Possible Disabilities.—There are no facts or circumstances (including the existence of effecti%e or proposed leases, use
a=greements 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 cam out and complete the Pro)'ect or carn- 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 inte rests,
all of which are-as are identified on the property map designated as Exhibit "A"
Tract S-05
+State character of property interest in each area and list and identify for each cll exceptions, encumbrances,and adverse inte r eits
cf every kind and nature, including liens, easements, lecies, etc. The separate areas of land need only be identified here bi• the
area numbers shown on the property reap,
FAA Form 5100-100 (4•76) Pape 3a
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.04-R0209
PART 11 - SECTION C (Continued)
The Sponsor further certifies that the above is Lased on a title examination by a qualified Attorney or titlr conrpariv and that
such attorney or title compan% has determined that the Sponsor hold: the above propert y interests.
(b) The Sponsor will acquire within a reasonable time. but in am e%ent prior to the start of any construction work under
the Project• the following prlertc interest in the fvllouin- arras of land} on which such construction work is to be performed.
all of ,,-hich areas are identified on the aforementioned property map designated a: Exhibit ".4*':
NONE
(c) The Sponsor will acquire within a rea�<)rlaldr time. and if frasiLle prior to tile completion of all construction wort, under
the Project, the following property interns! in thr following arra- of land' which are to be de%eloped or used as part of or in
connection pith the .Airport a= it will Ise upotl completion of the Project. all of which area;are identified on the aforementioned
property map designated as Exhibit ".A":
S-05
5. Exclusive Richts.—There it no grant of an exclusi%c right for the conduct of an% aeronautical actiritY at an) airport oMnP�l
or controlled by the Jponsor except a: follows:
NONE
"State character of property interest in each area and list and ider,ttfti for each all exceptions, encumbrances, and cdterse interest
of eUery kind and nature, includinLe liens, easements, leases, etc. The separate areas of land need only be identified here by tF,F
area numbers shown on the property mdp.
FAA Form 5100-100 (o-7e) Page 3b
r tr',trt i l ,F' I.R:.n)POR TAT ION FEDERAL AVIATION ADMINISTRATION
PART III — BUDGET INFORMATION — CONSTRUCTION--- — —�
SECTION A — GENERAL
1. Federal Domestic Assistance Catalog No. . . . . . , , , , , .
2. Functional or Other Breakout . . . . . . . . . . . . . . . . . . . . —
SECTION 8 — CALCULATION OF FEDERAL GRANT
Use only for revisions
Cost Classification Total
Amount
Latest Approved Adjustment Required
Amount t or
I. AU r;tilon expense S S S 2,000.00
2. Pre!:°1 .pry expense
3. Lan,:rs:ructures, right-of-way -- I
50,000.00
4. Archllectural engineering basic fees
97,443.01;
5. Other architectural engineering fees
6. Project Inspection fees I 43,000.00
7. Land development
8. Relocation Expenses
9. `;eiocatlon payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project Improvement I 1 666,743.00
1Equipment
13. I,liscellanecus I I 8,000.00
14. Total (Lines 1 through 13) I 867,186.00
15. Estimated Income(if applicable)
16. Net Project Amount (Line 14 minus 15) 867,1
11. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt.(Excluding Rehabilitation Grants) 867,186.00
20. Federal Share requested of Line 19 90-6 I 780,467.00
21. Add Rehabilitation Grants Requested(100 Percent)
22. Total Federal grant requested(Lines 20 & 21)
F23. Grantee share 5% 43,359.50
25- Total shares 5's 43,359.50
project(I irws 22, 23 & 24) S S S 867,186.00
FAA Form $100-100 (5 73) SUPERSEDES FAA FORM 5100-10 PAGES t THRU 7
Pope 4
DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTfZATION o..e IC
SECTION C — EXCLUSIONS
classlliCatlan Ineligible for Excluded from
Participation Conting.ncy Provision
26 ?
a• S S
6
C
d.
0.
f.
g• Totols
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
127. Grantee Share 5% S 43,359.50
a. Securities
b. MoRgages
c. App!opnations(By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other(Explain)
h. TOTAL — Grantee share I �
28. Other Shares
a. State 5% i 43,359.50
b. Other
c. Total Other Shares
29. TOTAL S '86,719.00
SECTION E — REMARKS
PART IV PROGRAM NARRATIVE AttocFl — See Instructions
FAA Form 5jpp.joo 16-731 SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Poge
PART V
ASSURANCES
AIRPORT SPONSORS
A. GENERAL_
1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,
and noise compatibility program grants 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,as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1997,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 owner of a public-use airport;
and the term sponsor includes public sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant
agreement.
13. DURATION AND APPIICABELZIT.
L Airport Deoelopearat cw Noie CaMINpatif"litY PZCW Projects Undertaltea by a Public Age Sponsor. The terms,
conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise compatibility program project,or throughout
the useful life of the project items installed within a facility under a noise compatibility program project,but in any event not
to erred 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 funds. Furthermore,the duration of the Civil Rights assurance shall be as
specified in the assurance.
2. Airport Devellopnew or Noise Caorpatibrley Projals Uadertaloos by a Pdwre Sporoor. 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 compatibility program project shall
be no less than 10 years from the date of the acceptance of Federal aid for the project
3. Airport Planning Uadcxbdza by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2,3,5,6,
13, 18,30,32,33,34,and 36 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 CE>EC M ATIOM The sponsor hereby assures and certifies,with respect to this grant that:
L General Federal Requbeanea s. It will comply with all applicable Federal laws,regulations,executive orders,politics,
guidelines and requirements ag they relate to the application,acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Lc elation
a. Federal Aviation Act of 1958-49 U.S.C. 1301,et seq.
b. Davis-Bacon Act-40 U.S.C.276(a),et scq.'
c. Federal Fair Labor Standards Act of 1938-29 U.S.C.201,et se g.
d. Hatch Act -5 U.S.C. 1501,et seq'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970-42 U.S.C.4601,et seq.'
f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C.470(f).'
g. Archeological and Historic Preservation Act of 1974-16 U.S.0 469 through 469C.'
h. Flood Disaster Protection Act of 1973-Section 102(x)-42 U.S.C.4012a.'
i. Rehabilitation Act of 1973-29 U.S.C.794.
j. Civil Rights Act of 1964-Title VI-42 U.S.C.20004 through d4.
L Aviation Safety and Noise Abatement Act of 1979,49 U.S.C.2101,et seq.
I. Age Discrimination Act of 1975-42 U.S.C.6101,et sq.
m. Architectural Barriers Act of 1969-42 U.S.C.4151,et seg.'
n. Airport and Airway Improvement Act of 1992,as amended-49 U.S.C.2201,et seg.
o. Powerplant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.8373?
p. Contract Wort Hours and Safety Standards Act-40 U.S.C.327,et sq.'
q. Copeland Antikickback Act-18 U.S.C.874.'
r. National Environmental Policy Act of 1969-42 U.S.C.4321,ct seq.'
s. Endangered Species Act-16 U.S.C.669(a),et IST
t. Single Audit Act of 1994-31 U.S.C. 7501,et cq.
u. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
v. Aviation Safety and Capacity Expansion Act of 1990.
Executive Orden
Executive Order 12372- Intergovernmental Review of Federal Programs
Executive Order 11246- Equal Employment Opportunity'
Federal Reg latiooe
a. 49 CFR Part 18 -Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.'
b. 49 CFR Part 20- Restrictions or Lobbying.
Airport Assurances age 1 of -A-1
c. 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.
d. 49 CFR Part 23- Participation by Minority Business Enterprise in Department of Transportation Programs.
e. 49 CFR Part 24-Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally
assisted Programs.'in°'
f. 49 CFR Part 27-Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from
Federal Financial Assistance.'
g. 49 CFR Part 29- Debarments Suspensions and Voluntary Exclusions.
h. 49 CFR Part 30- Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny
Procurement Market Access to U.S. Contractors-
i. 29 CFR Part 1 -Procedures for Predetermination of Wage Rates.'
j. 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.'
It. 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction.'
1. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of
Labor(Federal and Federally-assisted Contracting Requirements).'
m. 14 CFR Part 150-Airport Noise Compatibility Planning.
Office of Moopment and Builpt Qmah a(OMB}
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.'
b. A-128-Audits of State and Local Governments.'
"These laws do not apply to airport planning sponsors.
'These laws do not apply to private sponsors.
149 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federal
assistance. Any requirement levied upon State and local governments by this regulation and circular shall also be
applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982,as
amended.
Specific assurances required to be included in giant agreements by any of the above laws,regulations or circulars are incorporated
by reference in the grant agreement.
2. RrsQoesibRity and Aatiaaity of the Sponsor.
a. Public Agcmy Sporos: It has legal authority to apply for the grant,and to finance and carry out the proposed project;
that a resolution,motion or similm 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. Priwae Spoma.. It has legal authority to apply for the grant and to Finance and carry out the proposed project and
comply with all terms,conditions,and assurances of this grant agreement. It shall designate an official representative and
shall in writing direct and authorize that person to file this application, including all understandings and assurances
contained therein; to act in connection with the application; and to provide such additional information as may be
required.
3. Spooaor PaW Avinilibii y It has sufficient funds available for that portion of the project costs which arc not to be paid by
the 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.
a. 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.
b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good tick 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.
S. preaenria6 Rights and powea
a. At 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 compatibility program project, that portion of the property upon
which Federal funds have been expended, for the duration of the terms,conditions,and assurances in the grant agreement
without approval by the Secretary. If the transferee is found by the Secretary to be eligible under 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 sponsor's interest,and make binding upon the transferee, all of the terms,conditions,and assurances
contained in this grant agreement.
Airport Assurances 1 age 2 of 9 PP-A-1
c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on
property owned by a unit of local government other than the sponsor,it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same
terns,conditions,and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake
the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It
will take steps to enforce this agreement against the local government if there is substantial noncompliance with the terms
of the agreement. _
d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an agreement
with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement.
e. 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.
L 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 ensure that the airport will be
operated and maintained in accordance with the Airport and Airway Improvement Act of 1962, the regulations and the
terms,conditions and assurances in the grant agreement and shall ensure that such arrangement also requires compliance
therewith.
6. Coassbeaey w"Local Plana. The project is reasonably consistent with plans(existing at the time of submission of this
application)of public agencies that arc authorized by the state in which the project is located to plan for the development of
the area surrounding the airport. For noise compatibility program 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 that project and the project is
reasonably consistent with the agency's plans regarding the property.
7. CondAcradoa of Local IshmaC It has given fair consideration to the interest of communities in or near which the project
may be located.
8 Coawltation wM Uses In making a decision to undertake any airport development project under the Airport and Airway
Improvement Act of 1962,it has undertaken reasonable consultations with affected parties using the airport at which the
project is proposed-
9. public HnsiW 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 Stamdanis. 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,constricted,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.
1L Lod AppsoveL 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. Tennant Dcwkgm eat ftes For projects which include terminal development at a 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. Ac--t-g 5ystra4 Audit,gad Rcaxdbwp-g RogaWCaaeaf.
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 Single Audit Act of 1964.
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
arc 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.
-A-1
Airport Assurances 1 age 3 of 9 PP
14. Minimum Wage Rafts 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.276&-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 worst.
15. Veterans Pmfcaeace. 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 ensure that,in the employment of labor(except in executive,administrative,
and supervisory positions), preference shall be given to veterans of the Vietnam cra and disabled veterans as defined in
Section 515(cXl)and (2)of the Airport and Airway Improvement Act of 1962- However, this preference shall apply only
where the individuals are available and qualified to perform the wort to which the employment relates.
16. Cae[oARP 6D Phas and SpecWkstions. 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. Caastroetioa Iespectioa and App ml. It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the wort conforms with the plans,specifications,and schedules approved by the
Secretary for the project. It shall subject the construction wort on any project contained in an approved project application
to inspection and approval by the Secretary and such wort 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 Flaming Projeeti 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 and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's cmploy=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 Secretaty'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. Operatics astd Ma m6csseaoe.
a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due regard to
climatic and flood conditions. Any proposal to temporarily close the airport for nonaerooautical purposes must rust be
approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States,shall be operated at all times in a 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 be operated for aeronautical use during temporary
periods when snow, flood,or other climatic conditions interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair, restoration,or replacement of any structure or facility
which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control
of the sponsor.
Airport Assurances 1 age A-1
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds
have been expended.
20. Hoard Removd acid?"iSadow It will take appropriate action to assure that such terminal airspace as is requited to protect
instrument and visual operations to the airport (including established minimum flight altitudes)will be adequately cleared and
protected by removing, lowering, relocating, marking,or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
2L Compatible Dad 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 compatibility
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
a. It will make its airport available as an airport for public-use on fair and reasonable terms and without unjust
discrimination, to all types, kinds,and classes of aeronautical uses.
b. In any agreement,contract, lease or other arrangement under which a right or privilege at the airport is granted to 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 to—
(1) furnish said services on a fair,equal,and not unjustly discriminatory bass to all users thereof,and
(2) charge fair, reasonable,and not unjustly discriminatory prices for each unit or service,provided,that the contractor
may be allowed to make reasonabk and nondiscriminatory discounts,rebates,or other similar types of price
reductions to volume purchasets.
C. Each feud-based operator at any airport owned by the sponsor shall be subject to the same rates,fees,rentals,and other
charges as art 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- ased operator that is
authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,nontenant,or subtenant of another air carrier tenant)shall be
subject to such nondiscriminatory and substantially comparable rules,regulations,conditions, rates,fees,rentals,and other
charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all
such air carriers which make similar use of such airport and which utilize similar facilities,subject to reasonable
classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as
tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classifications or status.
L 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 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. EWChniae Ri9WL 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-
a. It world be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such
services,and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased
pursuant to an existing agreement between such single fixed-based operator and such airport.
It further agrees that it will not,either directly or indirectly,grant or permit any person,firm or corporation the exclusive
right at the airport,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 operatkms,aircraft safes and services,sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,sale of aircraft parts,and
any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before
the grant of any assistance under the Airport and Airway Improvement Act of 1982.
Airport Assurances 1 age 5 of 9 PP-A-1
21. Fee and Rental Sbvcwm 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 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 compatibility project for which
a grant is made under the Airport and Airway Improvement Act of 1962, 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 Rewae. If the airport is under the control of a public agency,all revenues generated by the airport and any local
taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the
airport; the local airport system;or other local facilities which are owned or operated by the owner or operator of the airport
and directly and substantially related to the actual air transportation of passengers or property, or for noise mitigation
purposes on or oft the airport. Provided,however,that if covenants or assurances in debt obligations issued before
September 3, 1962,by the owner or operator of the airport,or provisions enacted before September 3, 1962,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(and, in the case of
a public airport, local taxes on aviation fuel)shall not apply.
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 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 compatibility
program projects,it will also make records and documents relating to the project and continued compliance with the terms,
conditions,and assurances of the grant agreement including deeds,kases,agreements,regulations,and other instruments,
available for inspection by any duly authorized agent of the Secretary upon reasonable request.
27. [Jae of Goveramest AireroM 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 emss of those which,in
the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any
calendar month that—
a. Hive(5)or mots government aircraft arc 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 multiplied
by gross weights of such aircraft)is in exocas of five trillion pounds.
28. Land for Federal Pai:WdieL It will furnish without cost to the Federal Government for use in connection with any au traffic
control or air navigation activities,or weather-reporting and communication activities related to air traffic control,any areas
of land or water,or estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction,operation,and maintenance at Federal expense of space or facilities for such purposes. Such areas or any
portion thereof will be made available as provided herein within four months after receipt of a written request from the
Secretary.
29. Airport Layout Plan
a. 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
exRensions and reductions of existing airport facilities;and(3)the location of all existing and proposed noxavistion 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 riot make or permit
any changes or alterations in the airport or in any of its facilities which are not in conformity with the airport layout plan
as approved by the Secretary and which might,in the opinion of the Secretary,adversely affect the safety,utility,or
efficiency of the airport.
b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety,
utility,or efficiency of any Federally owned,leased,or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary,the owner or operator will, if requested by the
Secretary(1)eliminate such adverse effect in a manner approved by the Secretary,or(2)bear all costs of relocating such
property(or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property(or
replacement thereof)to the level of safety,utility,efficiency,and cost of operation existing before the unapproved change
in the airport or its facilities.
Airport Assurances 1 age 6 of 9 PP-A-1
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, national origin, sex,age,or handicap be excluded from participating in any activity conducted with or benefiting from
funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance
is extended to the program, except where Federal financial assistance is to provide,or is in the form of personal property or
real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for
which Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits or
(b) the period during which the sponsor retains ownership or possession of the property.
31L Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,it will,when the land is no longer needed for
such purposes,dispose of such land at fair market value at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States share of the cost acquisition of such land will,at the
discretion of the Secretary, (1)be paid to the Secretary for deposit in the Trust Fund or(2)be reinvested in an approved
noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development (other than noise compatibility)purposes, it will,when the
land is no longer needed for airport purposes,dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to the United States share of the cost of
acquisition of such land,will,(a)upon application to the Secretary,be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national airport system,or
(b)be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if(a)it may be needed for
aeronautical purposes(including runway protection zone)or serves as noise buffer land,and(b)the revenue from
interim uses of such land contributes to the financial self-sufficiency of the airport. Further,land purchased with a
grant received by an airport operator or owner before December 31, 1967,will be considered to be needed for airport
purposes if the Secretary or the Federal agency making such grant before December 1, 1967,was notificd by the
operator or owner of the use of such l and,did not object to such use,and the land continues to be used for that
purpose,such use having commenced not later than December 15,1969.
c. Disposition of such land under(a)or(b)will be subject to the retention or reservation of any interest or right therein
necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with
the operation of the airport.
32. Engineering and Dray Setwims It will award each contract,or subcontract for program management,constriction
management,planning studies,feasibility studies,architectural services,preliminary engineering,design,engineenn&surveying,
mapping,or related services with respect to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Rci trictim It will not allow funds provided under this grant to be used to fund any project which uses any
product or service of a foreign country during the period in which each foreign country is listed by the United States Trade
Representative as denying fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies,Standards,and SQodficedone It will carry out the project in accordance with policies,standards,and specifications
approved by the Secretary including but not limited to the advisory circulars listed in the'Current FAA Advisory Circulars
for AIP Projects,dated Pebenary X 1992,and included in this grant,and in accordance with applicable state policies,
standards,and specifrcatiaoc approved by the Secretary.
35. Reincatior,and Real Property Aoq:rkiea (1)It will be guided in acquiring real property,to the greatest extent practicable
- under State law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners
for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services
descnbed in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in
Subparts D and E of 49 CFR Part 24. (3)It will make available within a reasonable period of time prior to displacement
comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Drag-Free Wodplaw- It will provide a drug-free workplace at the site of work specified in the grant application in
accordance with 49 CFR Part 29 by(1)publishing a statement notifying its employees that the unlawful manufacture,
distribution,dispensing,possession or use of a controlled substance is prohibited in the sponsor's workplace and specifying
the actions that will be taken against its employees for violation of such prohibition:(2)establishing a drug-free awareness
program to inform its employees about the dangers of drug abuse in the workplace and any available drug counseling,
rehabilitation,and employees assistance programs: (3) notifying the FAA within ten days after receiving notice of an
employee criminal drug statute conviction for a violation occurring in the workplace:and(4)making a good faith effort to
maintain a drug-free workplace.
Airport Assurances - age 7 of 9 PP-A-1
CURRENT FAA ADVISORY CIRCULARS FOR ALP PROJECTS
Inective Date: February 26, 1992
NUMBER SUBJECT
70/7460-1G Obstruction Marking and Lighting
150/5100-14B Architectural, Engineering,and Planning Consultant Services for Airport Grant Projects
CHG 1
150/5200-30 Airport Winter Safety and Operations
CHG 18c2
150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210.7B Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue and Firefighting Station Building Design
150/5220AA Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10 Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks
CHG l di: 2
150/5220.11 Airport Snowblower Specification Guide
150/5220-12 Airport Snowsweeper Specification Guide
L50/5220.13A 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 Ioe Control Equipment:A Guide
150/5220-16 Automated Weather Observing Systems for Non-Federal Applications
150/5220-17 Design Standards for Aire. Rescue Fire-fighting Training Facilities
150/5300-13 Airport Design
150/5320-5B Airport Drainage
150/5320-fiC Airport Pavement Design and Evaluation
CHG I &2
150/5320-12A Measurement,CooWUCtioo,and Maintenance of Skid Resistant Airport Pavement Surfsoes
150/532D-14 Airport Landscaping for Noise Control Purposes
150/53254A Runway length Requirements for Airport Design
CHG 1
150/534a1F Marking of Paved Areas on Airports
150/53404C Installation Details for Rummy Centerline Touchdown Zone Lighting Systems
CHG IR2
150/5340-5B Segmented Circle Airport Marker System
CHG 1
150/5340-14B Economy Approach Lighting Aids
CHG I &2
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
150/5340-24 Runway and Taxiway Edge Lighting System
CHG 1
150/5340-27A Air-To-Ground Radio Control of Airport Lighting Systems
150/5345-3D Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D Specification for L4124 Underground Electrical Cable for Airport Lighting Circuits
CHG 1
LSO/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Besmn
1.550/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
150/5345-26B Specifications for 14823 Plug and Receptacle,Cable Connectors
CHG 1dt2
150/5345-27C Specification for Wind Cones Assemblies
150/5345-28D Precision Approach Path Indicator(PAPI)Systems
MG5345-39B FAA Specification L853, Runway and Taxiway Centerline Retronective Markets
150/5345-42C Specification for Airport Light Baca,Transformer Housinvic Junction Boxes and Accessories
150/534543D Specification for Obstruction Lighting Equipment
150/5345-44D Specification for Taxiway and Runway Signs
LSO/5345-45A lightweight Approsch Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
L50/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L464, Radio Control Equipment
150/5345-50 Specification for Portable Runway Lights
CHG I
150/5345-51 Specification for Discharge-Type Flasher Equipment
CHG 1
150/5345-52 Generic Visual Ghdcslopc Indictors(GVGI)
150/5360.9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations
150/5360-12 Airport Signing and Graphics
150/5360.13 Planning and Design Guidance for Airport Terminal Facilities at Non-Hub Locations
150/5370-2C Operational Safety on Airports During Construction
Airport Assurances - age
CURRFNr FAA ADVISORY CIRCULARS U ARS FOR ATP PROJECTS
(Caetiewed)
NU]k ,R SUB EWT
150/5370-613 Construction Progress and inspection Report-Airport Grant Program
150/5370-IOA Standards for Specifying Construction of Airports -
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
CHG 1
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5390-2 Heliport Design
150/5390-3 Vertiport Design
Airport Assurances 1 age 9 of -A-1
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FIELD NOTES
275A4 Acre sCUE yN
A SAVEf1Y ou,ty,
" Covnly,Texm
PRWER'IT LINE --__�- � �
BEGINNING A on'Won stake d the root of a 6 s 6 Pail Is le"d ,
/ Wllaw Marsh where South right of-way W d ula
Beont and Soar
\\ / $ / ,/. Lake Relay crosses sod Unsh; r
j H /,•/ • / / / THENCE 1,110e ng mean om al Wlbw Wo sh channel(in a straight
I
fn,)South 34 deg.East 2,860 lad to a Post fa eaner;
THENCE lalbw rig meander of tallow flash channel(m a d QM
/ ,ate /�(. q4':/.¶/j`a'•
If Ire)Saulh 9 deg.Eost 1,872 IAA to—1-of eMawl of sob
Warsh.here H'h right of wa le«e line of Sauthem P«W(T.
N0 R.kDad crown'did of said mash:
THENCE North 81 deg 30 mn East sdh the North right-d wq like
of said snood company 2,152 feel to comer 50 led West Tram
6 j amer of me Amdo IMaal al the N«hn Carol Campary;
/ I/// Zvi THENCE North 10 deg 54 mn.west parallel wth old 50 min.wed
/ 6 / 6; / // Irom the center al the donee menl Dried lateral,3.691.52 IM to a
/ :, f /e?� - slake in the South right of-way One or the BS ay
L t W.Rahw
ii /, +SCa4� % ✓.. ' '/•. /'�r �I Company, ,..o_ ...
THENCE North 87 deq.48 min.West with the sad righl-M-woy Sw
at sad no hoed componr 3,913 feet to PUCE Of BEm prop and
/ onlann 27544 acres of land,and being pad of the properly
desarnee m Sheriff's deed dated March 9.1925 or r«ore In vd mm
j%�, / / 1� / / 1:►%''; ,j/ ' �, 252.Page 201 of the D«d R««ds of JeN«9on County.T---
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"EXHIBIT A"
si I �EJ� Wroeran.7n PROPERTY NAP
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5 CWPttED fRW WPS PAW#Jt fu6veraes.Arm euwnW
— .,,w BEAUNONT MUNICIPAL AIRPORT
NOT W.Hwm xoe SU8SC10BL TO THE ACl1wACY .2arr.N ...ra.x. JEFFERSON COUNTY, TEXAS
OF wu airs. 317
boo/DZ-+91/air/-