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HomeMy WebLinkAboutUS DOT-Grant Agreement-06.09.2008 1 G U.S. Department of Transportation Federal Aviation Administration Airports Division GRANT AGREEMENT Part 1 - Offer Date of Offer: May 30, 2008 Waterloo Municipal Airport Waterloo, Iowa Project No. 3-19-0094-33-2008 ECHO Control Number: 69 AA 3050 DUNS Number: 075 841 684 TO: City of Waterloo,'Waterloo Regional Airport (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 February 22, 2008, 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: Update Airport Master Plan 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 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— February 19, 2008 3 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 (Nonprocurement)," 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 (TVPA), 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: FAA Form 5100-37 (8-90) Page 3 of 6 1. "Employee" mears either: 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 February 19, 2008 4 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, transpertation, provision, or obtaining of a person for labor or services, throogh 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 government, 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 TVPA, 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- PLANNING: 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. Upon issuance 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. 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 AME CA FEDERAL AVIA,ttiTION4D INIST IQbI Name) 'ili itle) Manager, Aim 1: ivi on Central Region Part II - Acceptance The Sponsor does hereby ratify arid 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 ��-A-1-v-c_ , 20 d'� City of Waterloo/Waterloo Regional Airport (Name of Sponsor By (Sponsor's Designated Official epresentative) (SEAL) CC Title m My 0( Attest: Title: � I y Cie(K CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for the Sponsor, do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of 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 GO ,t f 6-0 I-- this day of c-c:-k7 , 20 P/ . Signatur Sponsors tt ey FAA Form 5100-37 (8-90) Page 6 of 6 Version 7103 APPLICATION FOR 2.DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 3-19-0094-33 1.TYPE OF SUBMISSION 3.DATE RECEIVED BY STATE State Application Identifier Application i Pre-application ❑Construction ; ❑ Construction 4.DATE RECEIVED BY AGENCY Federal Identifier t ®Non-Construction ': ❑ Non-Construction 3-19-0094-33 5.APPLICANT INFORMATION Legal Name: Organizational Unit City of Waterloo/Waterloo Regional Airport Department: Waterloo Regional Airport Organizational DUNS:075841684 Division: Address: Name and telephone of person to be contacted on matters involving Street: 2790 Livingston Lane this application(give area code) Prefix:Mr. First Name:Bradley City: Waterloo Middle Name:A. County: Black Hawk Last Name:Hagan State: Iowa Zip Code:50703 Suffix: A.A.E. Country:United States Email: BHAGEN@FLYALO.COM 6.EMPLOYER IDENTIFICATION NUMBER(EIN): Phone Number(give area code) Fax Number(give area code) 4 2 - 6 0 0 5 3 3 3 (319)291 -4483 (319)291 -4250 8. TYPE OF APPUCATION 7.TYPE OF APPUCANT(See back of form for Application Types) ® New ❑ Continuation ❑ Revision Municipal If Revision,enter appropriate letter(s)in box(es) Other(Specify) (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 APPLICANT'S PROJECT: Airport Master Plan Update 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 Ending Date a.Applicant b.Project 9/2007 6/2008 Third(3rd) Third (3rd) 15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $218,595.00 a. YES. ❑ THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $11,505.N PROCESS FOR REVIEW ON: c. State $ .00 DATE: d. Local $ 00 b.ivo ® PROGRAM IS NOT COVERED BY E.O. 12372 e. Other $ .00 ❑ FOR REVIEW HAS NOT BEEN SELECTED BY STATE f. Program Income $ 00 17. IS THE APPUCANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $230,100.°° ❑ Yes,If "Yes",attach an explanation ❑ No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLUCATION/PREAPPLICATION ARE TRUE AND CORRECT.THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Authorized Representative Prefix Mr. First Name:Bradley Middle Name:A. Last Name:Hagen Suffix:A.A.E. b.Title:Airport Director,Waterloo Regional Airport c.Telephone:319-291-4///483..,, � d.Signature of Authorized Representative� � � e.Date Signed: ,.,Z/o?/�//) J> Previous Editions Usable . tandar Form 424(Rev 9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II 11/30/07 PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require State, local, Name of Governing Body: regional, or other priority rating? Priority: I Yes X No Item 2. Does this assistance request require State, or local Name of Agency or Board: advisory, educational or health clearances? (Attach Documentation) Yes X No Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB CircularA-95? Yes X No Item 4. Does this assistance request require State, local, Name of Approving Agency: regional or other planning approval? Date: / / Yes X No Item 5. Check one: State Is the proposed project covered by an approved Local comprehensive plan? Regional Yes X No Location of Plan: Item 6. Name of Federal Installation: Will the assistance requested serve a Federal installation? Federal Population benefiting from Project: Yes X No Item 7. Name of Federal Installation: Will the assistance requested be on Federal land or installation? Location of Federal Land: Yes X No Percent of Project: Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided Yes X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals. individuals, families, businesses, or farms? Families. Businesses. Yes X No Farms. Item 10. Is there other related Federal assistance on this project See instructions for additional information to be previous, pending, or anticipated? provided. Yes X No FAA Form 5100-101 (6-73)SUPERSEDES FAA FORM 5910-1 AND 5920-1 Page 2 INSTRUCTIONS PART II Negative answers will not require an explanation unless the federal agency requests more information at a later date. Provide supplementary data for all"Yes" answers in the space provided in accordance with the following instructions. Item 1 -Provide the name of the governing body establishing Item 6-Show the Federal population residing or working on the priority system and the priority rating assigned to this the federal installation that will benefit from this project. project. Item 7-Show the percentage of the project work that will be Item 2-Provide the name of the agency or board which issued conducted on federally-owned or leased land. Give the name of the clearance and attach the documentation of status or the Federal installation and its location. approval Item 8-Briefly describe the possible beneficial and/or harmful Item 3-Attach the clearinghouse comments for the application impact on the environment because of the proposed project. If in accordance with the instructions contained in Office of an adverse environment impact is anticipated,explain what Management and Budget Circular No.A-95. If comments were action will be taken to minimize the impact. Federal agencies submitted previously with a preapplication, do not submit them will provide separate instructions if additional data is needed. again but any additional comments received from the clearinghouse should be submitted with this application. Item 9-State the number of individuals, families, businesses, or farms this project will displace. Federal agencies will provide Item 4-Furnish the name of the approving agency and the separate instructions if additional data is needed. approval date. Item 10-Show the Federal Domestic Assistance Catalog Item 5-Show whether the approved comprehensive plan is number, the program name,the type of assistance,the status State, local, or regional, or if none of these, explain the scope and amount of each project where there is related previous, of the plan. Give the location where the approved plan is pending, or anticipated assistance. Use additional sheets, if available for examination and state whether this project is in needed. conformance with the plan. Paperwork Reduction Act Statement:The information collected on this form allows sponsors of public use airports or public agencies to apply for one or more projects in a form prescribed by the Secretary of Transportation.Title 49,United States Code (U.S.C.),Section 47105,identifies the information required to apply for this program.The forms prescribed to meet this requirement are developed to provide a comprehensive format that allows sponsors to provide the data needed to evaluate the request for funds.The burden for each response is estimated to be 28 hours.Approved applications benefit the sponsor by providing Federal funding to protect the Federal interest in safety,efficiency,and utility of the Nation's airport system.No assurance of confidentiality can be given since these become public records. If you wish to make any comments concerning the accuracy of this burden estimate or any suggestions for reducing this burden,send to Federal Aviation Administration,ARP-10, 800 Independence AVE,SW,Washington,DC 20591.Please note that an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a currently valid OMB control number,which is 2120-0569 for this collection.Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FM at:800 Independence Ave SW,Washington,DC 20591,Attn:Information Collection Clearance Officer,ABA-20. DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART III -BUDGET INFORMATION SECTION A-BUDGET SUMMARY Grant Program, Function Federal Estimated Unobligated Funds New or Revised Budget Or Activity Catalog No. Federal Non-Federal Federal Non-Federal Total (a) (b) (c) (d) (e) (f) (9) 1. AI P 20-106 $ $ $ 218,595 $ 11,505 $ 230,100 2. 3. 4. 5. TOTALS $ $ $ 218,595 $ 11,505 $ 230,100 SECTION B-BUDGET CATEGORIES Grant Program, Function or Activity Total 6. Object Class Categories (1) (2) (3) (4) (5) a. Personnel $ $ $ $ $ b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other i. Total Direct Charges j. Indirect Charges k. TOTALS $ $ $ 218,595 $ 11,505 $ 230,100 I. Program Income $ $ $ 0 $ 0 $ 0 FAA Form 5100-101(6-73)SUPERSEDES FM FORM 5910-1 AND E920-1 Page 3 DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 SECTION C -NON-FEDERAL RESOURCES (a)GRANT PROGRAM (b)APPLICANT (c) STATE (SOOTHER (e)TOTALS THER 8. AIP $ 11,505 $ 0 $ 0 $ 11,505 9. 10. 11. 12.TOTALS $ 11,505 $ 0 $ 0 $ 11,505 SECTION D-FORECASTED CASH NEEDS Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 13. Federal $ 218,595 $ $ $ $ 14. Non-Federal 11,505 15. TOTAL $ 230,100 $ $ $ $ SECTION E -BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT FUTURE FUNDING PERIODS (YEARS) (a)GRANT PROGRAM (b) FIRST (c)SECOND (d)THIRD (e) FOURTH 16. $ $ $ $ 17. 18. 19. 20.TOTALS $ 0 $ 0 $ 0 $ 0 SECTION F -OTHER BUDGET INFORMATION (Attach additional sheets if necessary) 21 Direct Charges: Project work to be done by Contract. 22. Indirect Charges: 23. Remarks: PART IV PROGRAM NARRATIVE (Attach per instruction) FAA Form 5100-101(6-73)SUPERSEDES FM FORM 5910-1 AND 5920-1 Page 4 INSTRUCTIONS PART III GENERAL INSTRUCTIONS This form is designed so that application can be made for funds from one or more grant programs. In preparing the budget, adhere to any existing Federal grantor agency guidelines,which prescribe how and whether budgeted amounts should be separately shown for different functions or activities within the program. For some programs, grantor agencies may require budgets to be separately shown by function or activity. For other programs, grantor agencies may not require a breakdown by function or activity. Sections A, B, C, and D should include budget estimates for the whole project except when applying for assistance which requires Federal authorization in annual or other funding period increments. In the latter case, Sections A, B, C, and D should provide the budget for the first budget period (usually a year)and Section E should present the need for Federal assistance in the subsequent budget periods.All applications should contain a breakdown by the object class categories shown in Lines a-k of Section B. Section A Budget Summary Lines 1-4, Columns(a)and(b). For new applications, leave Columns(c)and(d)blank. For For applications pertaining to a single Federal grant program each line entry in Columns(a)and(b),enter in Columns(e), (Federal Domestic Assistance Catalog number)and not (f), and(g)the appropriate amounts of funds needed to support requiring a functional or activity breakdown, enter on Line 1 the project for the first funding period (usually a year). under Column(a)the catalog program title and the catalog number in Column (b). For continuing grant program applications, submit these forms before the end of each funding period as required by the For applications pertaining to a single program requiring budget grantor agency. Enter in Columns(c)and(d)the estimated amounts by multiple functions of activities, enter the name of amounts of funds that will remain un-obligated at the end of the each activity or function on each line in Column(a), and enter grant-funding period only if the Federal grantor agency the catalog number in Column (b). For applications pertaining instructions provide for this. Otherwise, leave these columns to multiple programs where none of the programs requires a blank. Enter in columns(e)and(f)the amounts of funds breakdown by function or activity, enter the catalog program needed for the upcoming period. The amount(s)in Column(g) title on each line in Column(a)and the respective catalog should be the sum of amounts in Columns(e)and (f). number on each line in Column (b). For supplemental grants and changes to existing grants, do not For applications pertaining to multiple programs where one or use Columns(c)and (d). Enter in Column (e)the amount of the more programs require a breakdown by function or activity, increase or decrease of Federal funds and enter in Column(f) prepare a separate sheet for each program requiring the the amount of the increase or decrease of non-Federal funds. breakdown.Additional sheets should be used when one form In Column(g)enter the new total budgeted amount(Federal does not provide adequate space for all breakdcwn of data and non-Federal)which includes the total previous authorized required. However, when more than one sheet is used, the first budgeted amounts plus of minus,as appropriate, the amounts page should provide the summary totals by programs. shown in Columns(e)and(f). The amount(s) in Column(g) should not equal the sum of amounts in Columns(e)and(f). Lines 1-4, Columns(c)through(g). Line 5-Show the totals for all columns used. Section B. Budget Categories In the column headings(1)through (4), enter the titles of the same programs, functions, and activities shown on Lines 1-4, Column(a), Section A. When additional sheets were prepared for Section A, provide similar column headings on each sheet. For each program, function, or activity, fill in the total requirements for funds(both Federal and non-Federal)by object class categories. Lines 6 a-h-Show the estimated amount for each direct cost For supplemental grants and changes to grants, the total budget(object class)category for each column with program, amount of the increase or decrease as shown in Columns(1)- function, or activity heading. (4), Line 6k should be the same as the sum of the amounts in Line 6i -Show the totals of Lines 6a to 6h in each column. Section A, Column(e)and(f)on Line 5. When additional sheets were prepared, the last two sentences apply only to the Line 6j-Show the amount of indirect cost. Refer to Office of first page with summary totals. Management and Budget Circular No. A-87. Line 7- he estimated Line 6k-Enter the total amounts on Lines 6i and 6j. For all expected to be generated from mount s p oject.Do not add or applications for new grants and continuation grants the total subtract this amount from the total project amount. Show under amount in column (5), Line 6k, should be the same as the total the program narrative statement the nature and source of amount shown in Section A, Column(g), Line 5. income. The estimated amount of program income may be considered by the Federal grantor agency in determining the total amount of the grant. INSTRUCTIONS Part III (Continued) Section C. Source of Non-Federal Resources Line 8-11 -Enter amounts of non-Federal resources that will Column(c)-Enter the State contribution if the applicant is be used on the grant. If in-kind contributions are included, not a State or State agency.Applicants that are a State or provide a brief explanation on a separate sheet. (See State agencies should leave this column blank. Attachment F, Office of Management and Budget Circular No. Column(d)-Enter the amount of cash and inn-kind A-102.) contributions to be made from all other sources. Column(a)-Enter the program titles identical to Column Column(e)-Enter the totals of Columns(b), (c), and(d). (a), Section A,A breakdown by function or activity is not necessary. Line 12-Enter the total for each of Columns(b)-(e).The amount in Column(e)should be equal to the amount on Line 5, Column (b)-Enter the amount of cash and in-kind Column (f), Section A. contributions to be made by the applicant as shown in Section A. (See also Attachment F, Office of Management and Budget Circular No.A-102). Section D. Forecasted Cash Needs Line 13-Enter the amount of cash needed by quarter from the Line 14-Enter the amount of cash from all other sources grantor agency during the first year. needed by quarter during the first year. Line 15-Enter the totals of amounts on Lines 13 and 14. Section E. Budget Estimates of Federal Funds Needed for Balance of the Project Lines 16-19- Enter in Column (a)the same grant program If more than four lines are needed to list the program titles, titles shown in Column(a), Section A.A breakdown by function submit additional schedules, as needed. or activity is not necessary. For new applications and Line 20-Enter the total for each of the Columns(b)-(e). continuing grant applications, enter in the proper columns When additional schedules are prepared for this Section, amounts of Federal funds,which will be needed to complete annotate accordingly and show the overall totals on this line. the program or project over the succeeding funding periods (usually in years).This Section need not be completed for amendments, changes, or supplements to funds for the current year of existing grants. Section F. Other Budget Information Line 21 -Use this space to explain amounts for individual Line 22-Enter the type of indirect rate(provisional, direct object cost categories that may appear to be out of the predetermined,final or fixed)that will be in effect during the ordinary or to explain the details as required by the Federal funding period,the estimated amount of the base to which the grantor agency. rate is applied, and the total indirect expense. Line 23-Provide any other explanations required herein or any other comments deemed necessary. PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PROJECT: Obstruction Identification OMB NO.2120-0569 AIRPORT : Waterloo Regional Airport, Waterloo, Iowa 1. Objective: The objective is to update the existing Airport Master Plan completed in 2000 including the identification of potential obstructions to the departure surfaces of Runway 12-30 and Runway 18-36. 2. Benefits Anticipated: Benefits anticipated will be an updated master plan for the Waterloo Regional Airport and the identification of obstructions to the departure surfaces and to the approach surfaces on the two primary runways at the airport. 3.Approach : (See approved Scope of Work in Final Application) The FAA guidance documents will be utilized to provide the basis for the master plan update. A set of meetings with an advisory group of stakeholders will be held early in the process to define the goals and objectives of the master plan update. The obstruction identification will be initiated with aerial mapping to identify location and elevation of potential obstructions. The obstructions will be mapped and tabulated. An update to the drawings of the Airport Layout Plans will be a resultant of this planning study. See the scope of services for more detail. 4. Geographic Location: Waterloo Regional Airport, Black Hawk County, Iowa 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address&telephone number) Mr. Bradley A. Hagen,AAE,Airport Director 2790 Livingston Lane Waterloo, Iowa 50703 (319)291-4483 FAA Form 5100-101 (9-03)SUPERSEDES FAA FORM 5910-1 and 5920-1 Page 6 INSTRUCTIONS PART IV PROGRAM NARRATIVE Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. 1.OBJECTIVES AND NEED FOR THIS ASSISTANCE. d. List each organization, cooperator, consultant, or other key individuals who will work on the project along with a short Pinpoint any relevant physical, economic, social, financial, description of the nature of their effort or contribution. institutional,or other problems requiring a solution. 4.GEOGRAPHIC LOCATION. Demonstrate the need for assistance and state the principal and subordinate objectives of the project. Supporting Give a precise location of the project and area to be served by documentation or other testimonies from concerned interests the proposed project. Maps or other graphic aids may be other than the applicant may be used.Any relevant data based attached. on planning studies should be included or footnoted. 5.IF APPLICABLE,PROVIDE THE FOLLOWING 2.RESULTS OR BENEFITS EXPECTED. INFORMATION: Identify results and benefits to be derived. For example, include a. Describe the relationship between this project and other a description of who will occupy the facility and show how the work planned, anticipated, or underway under the Federal facility will be used. For land acquisition or development Assistance listed under Part II, Section A, Item 10. projects, explain how the project will benefit the public. b. Explain the reason for all requests for supplemental 3.APPROACH assistance and justify the need for additional funding. a.Outline a plan of action pertaining to the scope and detail of c. Discuss accomplishments to date and list in chronological how the proposed work will be accomplished for each grant order a schedule of accomplishments, progress, or milestones program. Cite factors,which might accelerate or decelerate the anticipated with the new funding re-quest. If there have been work, and your reason for taking this approach as opposed to significant changes in the project objectives, location, approach others. Describe any unusual features of the project such as or time delays,explain and justify. For other requests for design or technological innovations, reductions in cost or time, changes or amendments, explain the reason for the change(s). or extraordinary social and community involvements. If the scope or objectives have changed or an extension of time is necessary,explain the circumstances and justify. If the total b. Provide each grant program monthly or quarterly quantitative budget has been exceeded or if individual budget items have projections of the accomplishments to be achieved, if possible. changed more than the prescribed limits contained in When accomplishments cannot be quantified, list the activities Attachment K, Office of Management and Budget Circular No. inchronologicalaccomplishments order toshow the schedule of A-102, explain and justify the change and its effect on the and their target dates. project. c. Identify the kinds of data to be collected and maintained, and discuss the criteria to be used to evaluate the results and success of the project. Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified in Item 2 are being achieved. 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 limit on the duration of the terms, conditions,and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I 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) 2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,et seq.'2 f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C. 470(0.1 g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469c.1 h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et seq. i. Clean Air Act,P.L.90-148,as amended. j. Coastal Zone Management Act,P.L.93-205,as amended. k. Flood Disaster Protection Act of 1973 -Section 102(a)-42 U.S.C. 4012a.1 1. Title 49,U.S.C.,Section 303,(formerly known as Section 4(f)) m. Rehabilitation Act of 1973-29 U.S.C.794. n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4. o. Age Discrimination Act of 1975 -42 U.S.C.6101,et seq. p. American Indian Religious Freedom Act,P.L.95-341,as amended. q Architectural Barriers Act of 1968-42 U.S.C.4151,et seq.1 r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act-40 U.S.C.327,et seq.' t. Copeland Anti kickback Act- 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969-42 U.S.C.4321,et seq.' v. Wild and Scenic Rivers Act,P.L.90-542,as amended. w. Single Audit Act of 1984-31 U.S.C.7501,et seq.2 x. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706. Executive Orders Executive Order 11246-Equal Employment Opportunity' Executive Order 11990-Protection of Wetlands Executive Order 11988—Flood Plain Management Executive Order 12372-Intergovernmental Review of Federal Programs. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898-Environmental Justice Federal Regulations a. 14 CFR Part 13-Investigative and Enforcement Procedures. b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150-Airport noise compatibility planning. d. 29 CFR Part 1 -Procedures for predetermination of wage rates.' e. 29 CFR Part 3-Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.) f. 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed and assisted construction(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor(Federal and federally assisted contracting requirements).' Airport Assurances (3/2005) 3 h. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20-New restrictions on lobbying. j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions. 1• 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs)2 m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.1 o. 49 CFR Part 29—Government wide debarment and suspension(non- procurement)and government wide requirements for drug-free workplace (grants). p. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction) 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 I These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49,United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor:It has legal authority to apply for the grant,and to finance and carry out the proposed project;that a resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions,and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) 4 to file this application,including all understandings and assurances contained therein;to act in connection with this application;and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It 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,a public agency or the Federal government,holds good title,satisfactory to the Secretary,to the landing area of the airport or site thereof,or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions,and assurances in the grant agreement without the written approval of the Secretary,and will act promptly to acquire,extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor.This shall be done in a manner acceptable to the Secretary. b. It will not sell,lease,encumber,or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49,United States Code,to assume the obligations of the grant agreement and to have the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest,and make binding upon the transferee all of the terms,conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local 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 terms,conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an agreement with the owner of that 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) 6 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49,it has,on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under section 44706 of Title 49,United States Code,and all the security equipment required by rule or regulation,and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the cost of the project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized representatives,for the purpose of audit and examination,any books,documents,papers,and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used,it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6)months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on any projects funded under the grant agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C.276a-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor,such provisions as are necessary to insure that,in the employment of labor(except in executive,administrative,and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,United States Code.However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications,and schedules approved by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction,or other performance under this grant agreement,and,upon approval of the Secretary,shall be incorporated into this grant agreement. Any modification to the approved 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 commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably Airport Assurances (3/2005) 8 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 non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for- (1)Operating the airport's aeronautical facilities whenever required; (2)Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions;and (3)Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,flood or other climatic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as requiring the maintenance, repair,restoration,or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes)will be adequately cleared and protected by removing,lowering,relocating,marking,or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action,to the extent reasonable,including the adoption of zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition,if the project is for noise compatibility program implementation,it will not cause or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds and classes of aeronautical activities,including commercial aeronautical activities offering services to the public at the airport. b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person,firm,or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a reasonable,and not unjustly discriminatory, basis to all users thereof,and (2) charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other similar types of price reductions to volume purchasers. 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 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 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) 10 aircraft sales and services,sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of aircraft,sale of aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49,United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into 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 Title 49,United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates,and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the airport;the local airport system;or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property;or for noise mitigation purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3, 1982,in governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of the airport owner or 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. b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review,and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph(a),and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49,United States Code and any other applicable provision of law,including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public;make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects,make the airport and all airport records and documents affecting the airport,including deeds,leases,operation and use 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,proportional to such use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any calendar month that- a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds. 28. Land for Federal Facilities. It will 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) 12 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might,in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety,utility,or efficiency of any federally owned,leased,or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will,if requested,by the Secretary(1) eliminate such adverse effect in a manner approved by the Secretary;or(2) bear all costs of relocating such property(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such property(or replacement thereof)to the level of safety,utility,efficiency,and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil 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. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,when the land is no longer needed for such purposes,at fair market value,at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States'share of acquisition of such land will,at the discretion of the Secretary,(1)be paid to the Secretary for deposit in the Trust Fund,or (2)be reinvested in an approved noise compatibility project as prescribed by the Secretary,including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes(other than noise compatibility),it will,when the land is no longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acquisition of such land will,(1)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(2)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. 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) 14 non discrimination in the award and administration of DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT,is incorporated by reference in this agreement.Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated;and 3. Provides a time frame within which,if any,the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s)in the six month period prior to the applicable due date Airport Assurances (3/2005) CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 3/21/2007 View the most current versions of these ACs and any associated changes at http://www.faa.gov/airports airtraffic/airports/resources/advisory circulars/. 70/7460-1 K* Obstruction Marking and Lighting 150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5200-28C Notices to Airmen (NOTAMS)for Airport Operators 150/5200-30A Airport Winter Safety and Operations and Changes 1 through 8 150/5200-33A Hazardous Wildlife Attractants On or Near Airports 150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210-13B Water Rescue Plans, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue &Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Driver's Enhanced Vision System (DEVS) 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems for Non-Federal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities and Change 1 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Spec fication for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 and Airport Snow and Ice Control Equipment Change 1 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects March 21, 2007 NUMBER TITLE 150/5220-22A Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5300-13 and Airport Design Changes 1 through 10 150/5300-14 and Design of Aircraft Deicing Facilities Changes 1 through 2 150/5300-16 General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17 General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey 150/5300-18 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5B Airport Drainage 150/5320-6D and Airport Pavement Design and Evaluation Changes 1 through 4 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport and Changes 1 Pavement Surfaces through 8 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-15 and Management of Airport Industrial Waste Change 1 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Pavement Strength PCN 150/5340-1 J Standards for Airport Markings 150/5340-5B and Segmented Circle Airport Marker System Change 1 150/5340-18D Standards for Airport Sign Systems 150/5340-30B Design and Installation Details for Airport Visual Aids 150/5345-3E Specification for L821 Panels for Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7E 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 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26C Specification for L823 Plug and Receptacle, Cable Connectors 2 FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects March 21, 2007 NUMBER TITLE 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 150/5345-44G Specification for Taxiway and Runway Signs 150/5345-45B Low-Impact Resistant(LIR) Structures 150/5345-46C Specification for Runway and Taxiway Light Fixtures 150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49B Specification L854, Radio Control Equipment 150/5345-50A Specification for Portable Runway and Taxiway Lights 150/5345-51A Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5345-53C Airport Lighting Equipment Certification Program 150/5345-54A Specification for L-1884 Power and Control Unit for Land and Hold Short and Change 1 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12D Airport Signing and Graphics 150/5360-13 and Planning and Design Guidance for Airport Terminal Facilities Change 1 150/5370-2E Operational Safety on Airports During Construction 150/5370-10B Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-2B Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases *This AC is available at http://www.faa.gov/ats/ata/ai/index.html or http://www.airweb.faa.dov/Requlator/ and Guidance Library/rgAdvisoryCircular.nsf/MainFrame?OpenFrameSet. 3 FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects March 21, 2007 THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY Dated: 3/21/2007 NUMBER TITLE 150/5100-14D 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 Land Acquisition and Relocation Assistance for Airport Improvement Changes 1 Program Assisted Projects through 6 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-6B Construction Progress and Inspection Report—Airport Grant Program 150/5370-11A Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 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 System 150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY Dated: 3/21/2007 NUMBER TITLE 150/5000-12 Announcement of Availability—Passenger Facility Charge (PFC)Application (FAA Form 5500-1) 4