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HomeMy WebLinkAboutUs Department of Transportation-8/16/2010U.S. Department of Transportation Federal Aviation Administration Airports Division GRANT AGREEMENT Part 1 - Offer Date of Offer AUG 4 2010 Waterloo Municipal Airport Waterloo, Iowa Project No. 3-19-0094-37-2010 ECHO Control Number: 69 AA 3050 DUNS Number: 826 186 959 TO: Waterloo Regional Airport, Waterloo, Iowa (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 June 29, 2010, for a grant of Federal funds for a project at or associated with the Waterloo Municipal Airport/Planning 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: Acquire Aircraft Deicing Equipment Acquire Snow Removal Equipment (Truck and Sweeper) all as more particularly described in the Project Application. FAA Form 5100-37 (8-90) Page 1 of 6 Supersedes FAA Form 5100-37 pages 1 thru 4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act", 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-five percent (95%) thereof. 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 $746,700. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of The Act, the following amounts are being specified for this purpose: -0- for planning $746,700 for airport development or noise program implementation. 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 August 20, 2010, 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 FAA Form 5100-37 (8-90) Page 2 of 6 settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incident to, compliance with this Grant Agreement. 9. TRAFFICKING IN PERSONS: a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not - i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement)," as implemented by our agency at 49 CFR Part 29. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity - 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either - i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: FAA Form 5100-37 (8-90) Page 3 of 6 i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local govemment, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the NPA, as amended (22 U.S.C. 7102 10. CENTRAL REGION ECHO GRANT PAYMENTS: The sponsor agrees to: a. Comply with the Central Region ECHO Grant Payment Request Guidelines and Procedures (see AIP Sponsor Guide, Section 1500 Grant Payments) and b. Request cash drawdowns on the ECHO system only when actually needed for reimbursement of eligible project costs and c. Submit timely reports of such disbursements as required. It is understood that failure to adhere to this provision may cause revocation of the ECHO Control Number. 11. BUY AMERICAN: Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 12. MAXIMUM OBLIGATION INCREASE FOR PRIMARY AIRPORTS: In accordance with Section 47108 (b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects; c. May be increased by not more than 15 percent for land projects. 13. LETTER AMENDMENT - DEVELOPMENT: 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 the grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover that amount of the 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. FAA Form 5100-37 (8-90) Page 4 of 6 14. PLANS & SPECIFICATIONS APPROVED: It is understood and agreed by and between the parties hereto that any reference herein or in the aforesaid Application for Federal Assistance, dated June 29, 2010, to plans and/or specifications shall refer to the plans and/or specifications as approved by the FAA on June 3, 2010. 15. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. c. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or less -than -fee interest in the Runway Protection Zones for runways that presently are not under its control within 5 years of this Grant Agreement. Said interest shall provide the protection noted in above Subparagraphs a and b. FAA Form 5100-37 (8-90) Page 5 of 6 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 : 'IA ON ADMINI ,TRATI O Acting (ame) .'�+Y�- (Title) Mana•er • • sNg Divi Part I1- Acceptance Central Re ion 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 ) ! (SEAL) Attest: Title:��,� tAv day of 1? •, City of terloo, Iowa (Na f Sponsor) By .-'�i�� ,20L. Title onsor's Designated Official Representative) ././ietyA 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 Iowa. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that 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 ,t ,20 . S Cott Signature off Sponsor's Attorney FAA Form 5100-37 (8-90) Page 6 of 6 Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED 06/29/2010 Applicant Identifier 3-19-0094-37 1. TYPE OF SUBMISSION Application 1 Pre -application 0 Construction ■ Construction Non-Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY AGENCY Federal Identifier 3-19-0094-37 i ❑ Non -Construction ; El 5. APPLICANT INFORMATION Legal Name: City of WaterloolVtlaterioo Regional Airport Organizational Unit Department Waterloo Regional Airport Organizational DUNS: 826186959 Division: Address: Name and telephone of person to be contacted on matters involving area code) Street: 2790 Livingston Lane this application (give Prefix: Mr. First Name: Bradley City: Waterloo Middle Name: A. County: Black Hawk Last Name: Hagen State: lowa Zip Code: 50703 Suffix: A.A.E. Country: United States Email: BHAGEN(FLYALO.COM 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) (319) 291 - 4483 Fax Number (give area code) (319) 291 - 4250 4 2- 6 0 0 5 3 3 3 8. TYPE OF APPLICATION ❑ ❑ 7. TYPE OF APPLICANT (See back of form for Application Types) MUnlcipal Other (Specify) // New ❑ Continuation • Revision If Revision, enter appropriate Ietter(s) in box(es) (See back of form for description of letters.) Other (specify) 9. NAME OF FEDERAL AGENCY: Federal Aviation Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NO. 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: SRE (Truck with Front Mounted Sweeper and Deicing Truck) 2 0- 1 0 6 TITLE (Name of Program): Airport Improvement Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Waterloo, Cedar Falls, Black Hawk Co., Iowa 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date 7/2010 Ending Date 7/2011 a. Applicant First (1st) b. Project First (1st) 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 746,700.00 a. YES. ❑ b. NO. / / ❑ THIS AVAILABLE PROCESS DATE PROGRAM OOR Ff. PREAPPLICATION/APPUCATION TO THE FOR REVIEW : WAS MADE STATE EXECUTIVE ORDER 12372 ON: COVERED BY E.O. 12372 NOT BEEN SELECTED BY STATE b. Applicant $.39,000.°° c. State $ 00 d. Local $ . 00 IS NOT ROGRRA HAS e. Other $ 00 Program income $ 00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes, If "Yes", attach an explanation ❑ No g. TOTAL $ 786,000.00 18. TO THE BEST OF MY KNOWLEDGE AND BEUEF, ALL DATA IN DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH a. Authorized Representative Prefix Mr. I First Name: Bradley Middle Name: A. Last Name: Hagen Suffix: A.A.E. b. Title: Airport Director, Waterloo Regional Airport c. Telephone: 319-291-4483 d. Signature of Authorized Representative: gip e. Date Signer 1UN 2 9 2010 revious tamons Usable Authorized for Local Reproduction Standard Form 424 (Rev 9-2003) Prescribed by OMB Circular A-102 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART I1 PROJECT APPROVAL INFORMATION SECTION A OMB NO. 2120-0569 11/30/2007 Item 1. Does this assistance request require State, local, regional, or other priority rating? n Yes n No Name of Goveming Body: Priority: Item 2. Does this assistance request require State, or local advisory, educational or health clearances? nYes nNo Name of Agency or Board: (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? n Yes n No (Attach Comments) Item 5. Is the proposal project covered by an approved comprehensive plan? n Yes n No Check one: Location of Plan: State Local Regional x Airport Item 6. Will the assistance requested serve a Federal installation? El Yes Qx No Name of Federal Installation: Federal Population benefiting from Project: Item 7. Will the assistance requested be on Federal land or installation? EI Yes Ox No Name of Federal Installation: Location of Federal Land: Percent of Project: Item 8. WII the assistance requested have an impact or effect on the environment? El Yes Ox No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? El Yes n No Number of: Individuals: Families: Businesses: Farms: Item 10. Is there other related Federal assistance on this project previous, pending, or antici ated? H Yes n No See instructions for additional information to be provided. FM Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03) Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART Il - SECTION C The Sponsor hereby represents and certifies as follows: OMB NO. 2120-0569 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Waterloo Airport Board has acquired easements or by fee title all property within the existing runway protection zones. The City of Waterloo has passed tall Structure zoning ordinances and Land Use Zoning ordinances to protect and control the aerial approaches and the adjacent property use at the Waterloo Regional Airport. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Govemment relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Consistency with Local Plans. — The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Yes 5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport which project is proposed. Yes 7. Public Hearings. — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary conceming a proposed project. 8. Air and Water Quality Standards. — In projects involving airport location, a major runway extension, or runway location it will provide for the Govemor 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 and 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. FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II - SECTION C (Continued) me No. 2120-0569 9. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None 10. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": a. Airport property map Is Included In the Airport Layout Plans Approved March 2000. b. Certificate of Title is attached. The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A" None *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FM Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100(4-76) Page 3b U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 21.106 2. Functional or Other Breakout SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Latest Approved Amount Adjustment + or (-) Total Amount Required 1. Administration expense $ $ $ 1,100 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 40,000 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement Truck W/ Sweeper Dicing Truck 12. Equipment $585,000.00 $159,900.00 744,900 13. Miscellaneous 14. Total (Lines 1 through 13) 786,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 786,000 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 786,000 20. Federal Share requested of Line 19 746,700 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 746,700 23. Grantee share 39,300 24. Other shares 25. Total Project (Lines 22, 23 & 24) $ $ $786,000 orm 5100 100 (9 03) SUPERSEDES FAA FORM 5100-100 (6-73 Page 4 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL. AVIATION ADMINISTRATION O SECTION C - EXCLUSIONS Classification Ineligible for Participation (1) Excluded From Contingency Provision (2) a. $ $ b. c. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 39,300 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) — PFC Program 39,300 h. TOTAL - Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 39,300 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 5 PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PROJECT: AIRPORT : 1. Objective: This project consists of the purchase of two pieces of snow removal equipment (SRE) for use at the Waterloo Regional Airport. One unit is for an all -wheel drive truck with a front mounted sweeper. This unit will provide a ready truck with sweeper for use on the newly paved Runway 18-36 without having to change the sweeper unit for the snow blower unit that is currently interchangeable on Truck No. 6. This will allow the limited airport maintenance staff to be more responsive to snow events at the Airport and also provides for FOD cleanup. The other unit is a deicing/anti-icing truck that will be used by the airlines and the fixed base operator for aircraft deicing. This truck will provide a benefit to the airline and the fixed base operator and will provide additional safety to the passengers that use this Airport. 2. Benefits Anticipated: The SRE units will provide savings to the airport and to the airline and provide additional safety to the passengers at the Waterloo Regional Airport. 3. Approach : (See approved Scope of Work in Final Application) This project is being competitively bid and the lowest responsive and responsible bidder will be considered for the construction. The equipment assembly will begin upon receipt of the grant and is expected to be complete by the end of 2010. 4. Geographic Location: The project is located within the property limits of the Waterloo Regional Airport located in Waterloo, Black Hack County, Iowa. 5. If Applicable, Provide Additional Information: The funding for this project will come from the Federal Aviation Administration Airport Improvement Program and passenger facility charges. 6. Sponsor's Representative: (include address & telephone number) Airport Director: Project Engineer: Mr. Bradley A. Hagen, AAE Steven J. Eaton, P.E. 2790 Livingston Lane Earth Tech Waterloo, Iowa 50703 500 SW 7th Street, Suite 301 (319)-291-4483 Des Moines, Iowa 50309 (515) 244-1470 FM Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 6 ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the 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 both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no linut on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq.2 Airport Assurances (3/2005) 3 h. 49 CPR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CHR Part 20 - New restrictions on lobbying. j. 49 C.P'R Part 21- Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CMZ Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2 m. 49 UFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CHR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 UR Part 29 — Government wide debarment and suspension (non - procurement) and government wide requirements for drug-free workplace (grants). P. 49 CHR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 UHt Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non -Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CHR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) 5 property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such Airport Assurances (3/2005) 7 plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and ApprovaL It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. 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 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 connnitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably Airport Assurances (3/2005) 9 c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or iuuplactical 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 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, Airport Assurances (3/2005) 11 agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportionalto such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will 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 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 extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall Airport Assurances (3/2005) 13 c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under 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 Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances (3/2005) FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 6/2/2010 View the most current versions of these ACs and any associated changes at: httpj/www.faa.gov/airports airtraffic/airports/resources/advisory circulars NUMB T L y T. yx 70/7460-1 K Obstruction Marking and Lighting 150/5000-13A Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Change 1 Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5200-28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30C Airport Winter Safety and Operations 150/5200-33B Hazardous Wildlife Attractants On or Near Airports 150/5210-50 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Fire and Rescue Communications 150/5210-13B Water Rescue Plans, Facilities, and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 150/5210-15A Airport Rescue & Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVS) 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems for Non -Federal Applications 1 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 NUMBER: 150/5320-15A Management of Airport Industrial Waste 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Airport Pavement Strength PCN 150/5340-1 J and Change 2 Standards for Airport Markings (Change 1 &2) 150/5340-5C Segmented Circle Airport Marker System 150/5340-18E Standards for Airport Sign Systems 150/5340-30D Design and Installation Details for Airport Visual Aids 150/5345-3F Specification for L821 Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 1505345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator (PAPI) Systems 150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44H Specification for Taxiway and Runway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures 3 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 6/2/2010 NUMBED TITLE 150/5100-140 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100-17 and Changes 1 through 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-6D Change 1-4 Construction Progress and Inspection Report — Airport Grant Program 150/5370-12A Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5380-7A Airport Pavement Management Program 150/5380-8A Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 6/2/2010 NUMBER .TITLE 150/5000-12 Announcement of Availability — Passenger Facility Charge (PFC) Application (FAA Form 5500-1) 5