HomeMy WebLinkAboutA3229 - AIRPORT MASTER PLAN FAA GRANT AIP 16 MO5234 Dept of Transportation - FAA
AIP-16, Amend #1 - Airport
Master Plan Study Update
` AGREEMENT #3229
M05234, 8-4-93
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Page 1 of 2 Pages
Contract No.DTFA08-93-C-20769
Palm Springs Regional Airport
Palm Springs,California
AMENDMENT NO.1 TO GRANT AGREEMENT FOR PROJECT NO.AIP 3-06-0181-16
WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it be in the
interest of the United Slates that the Grant Agreement between the FAA, acting for and on behalf of the United Stales,
and the City of Palm Springs (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 20th day of
May, 1993,to be amended as hereinafter provided.
NOW THEREFORE,WITNESSETH:
That in consideration of the benefits to accrue to the parties hereto,the FAA on behalf of the United States, on the one
part, and the Sponsor,on the other part, do mutually agree as follows:
Delete the airport development described ou Page 1 and substitute in lieu thereof the following described
development:
Prepare Airport Master Plan update study, FAR Part 150 update study, and Environmental Impact Report /
Environmental Assessment for Runway 31L departure end extension; acquire runway sweeper (1); construct
drain line next to Taxiway "A" (approx. 4,000 LF); Overlay/reconstruct intersection Taxiways "A" & "W" and
adjacent holding apron
IN WITNESS,WHEREOF,the parties have caused this Amendment to said Grant Agreement to be duly executed as of
the , day of J i'r.t<;. (J 1993.
r
J
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By 't.�v
Eric B.Vermeeren
Acting Supervisor,Standards Section
Page 2 of 2 Pages
Project No.AIP 3-06.0181-16
Palm Springs Regional Airport
Palm Springs,California
City of Palm Springs
(Nance of Sponsor)
By
Title City Manager
(Seal)
Attest:
Title: Deputy City Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
1 David Al eshi re acting as Attorney for the City of Palm Springs
(hereinafter referred to as"Sponsor") do hereby certify:
That I have examined the foregoing Amendment to Grant Agreement and the proceedings Laken by said Sponsor
relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due
and proper and in accordance with the laws of the State of California and further that, in my opinion, said Amendment
to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at t ,✓; (r 11 _ —, this day of ( da;i<= `-� -( 1> 11993.
By
Title City Attorney
APPROVED BY TN.F. rFTy COR"p.9CIL
�3"1
FAA Grant AIP-16
Airport Improvements
AGREEMENT #3229
R18096, 5-19-93
U.S.DEPARTMENT
OF TRANSPORTATION
FEDERAL AVIATION
.ADMINISTRATION
GRANT AGREEMENT
Part I-Otter
Date of Offer: May 27,1993
Palm Springs Regional Airport/Planning Area
Project No:3-06-0181-16
Contract No: DTFA08-93-C-20769
TO: City of Palm Springs,California
(herein called the"Sponsor")
FROM:The United Slates of America(acting through the Federal Aviation Administration,herein called the"FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 01/26/93, for a grant of Federal funds
for a project at or associated with the Palm Springs Regional 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:
Prepare Airport Master Plan update study, FAR Part 150 update study, and Environmental Impact Report /
Environmental Assessment for Runway 31L departure end extension; acquire runway sweeper(1); construct drain
line next to Taxiway"A" (approx.4,000 LF).
all as more particularly described in the Project Application.
Page 1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway
Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein
called the"Act,"and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of(a) the Sponsor's
adoption and ratification of the representations and assurances contained in said Project Application and its acceptance
of this Offer as hereinafter provided, and (b) the benefits to accrue to the United Slates 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, 90.00
percentum.
The 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 $1,475,027.00 For the purposes
of any future grant amendments which may increase the foregoing maximum obligation of the United States
under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose:
$ for planning
$1,475,027.00 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 Slates 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 09/30/93 or such subsequent date as may be
prescribed in writing by the FAA.
7. The sponsor shall lake all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon
which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds"
means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other
Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of
the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents
and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation,or other efforts taken to recover such funds. All settlements or other 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.
Page 2
9. The attached Part V Assurances are hereby substituted in lieu of those in the Sponsor's Project Application and
made a part hereof.
10. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon
basis of preliminary plans and specifications; and the parties hereby covenant and agree that within 180 calendar
days from the dale of acceptance of this Grant Offer the Sponsor shall furnish final plans and specifications to
the FAA and that no construction work will be commenced hereunder nor will there be any advertisement for
bids for accomplishment of such work until the said final plans and specifications have been approved by the
FAA; and the parties do hereby further covenant and agree that any reference made in this Grant Offer or in
the aforesaid Project application to plans and specifications shall be considered as having reference to said final
plans and specifications as so approved.
11. Buy American Requirement. Unless otherwise approved by the FAA, it 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. The sponsor agrees to perform the following:
A. Furnish a construction management program to FAA prior to the start of construction which shall detail
the measures and procedures to be used to comply with the quality control provisions of the construction
contract, including, but not limited to, all quality control provisions and tests required by the
Federalspecifications.
The program shall include as a minimum:
1). The name of the person representing the sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the contract.
2). Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project,together with a description of the services to be provided.
3). Procedures for the determining that testing laboratories meet the requirements of the American
Society of Testing and Materials standards on laboratory evaluation, referenced in the contract
specifications(D 3666,C 1077).
4). Qualifications of engineering supervision and construction inspection personnel.
5). A listing of all tests required by the contract specifications, including the type and frequency of tests to
be taken, the method of sampling, the applicable test standard, and the acceptance criteria or
tolerances permitted for each type of test.
6). Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily,that the proper corrective actions,where necessary, are undertaken.
B. Submit at completion of the project, a final test and quality control report documenting the results of all
tests performed, highlighting those tests that failed or did not meet the applicable test standard..The report
shall include the pay reductions applied and reasons for accepting any out-of-tolerance material.
Page 3
Y
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein
shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the
assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
/IN
Joh .Milligan
Supervisor,Standards Section
Part II-Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and
agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does
hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and
in the Project Application.
y� lrl�l�
Executed this day of ��� 7 _, 1992
Ci of Palm Springs,Ca . or a
(SEAL) By
(Sponsor's Designated Official Representative)
Alt
Attest: 1 —�—�—,n _ Title �1��Y' [ysarcruar
JUDITH SUMICf+ APPROVED BY•IMF!CF f COUNCIL
Title: CITY el vme•.
r,J o-,,
CERTIFICATE OF SPONSOR'S ATTORNEY
I,1)W 1 0 e Ji i P '— , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State
of California. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor 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 properly 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.
11 ls/1S
Dated at 1"&12"' 7 7a '/ — this r' day of `/ 11992
n'
Signature of Sponsor's Attorney
Page 4
October 1, 1990 (Rev 1)
PART V
ASSURANCES
Airport Sponsors
A. General
1. These assurances shall be complied with in the performance of grant agreements for airport development,airport
planning, and noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the
provisions of the Airport and Airway Improvement Act of 1982,as amended by the Airport and Airway Safety and
Capacity Expansion Act of 1987,or the Aviation Safety and Noise Abatement Act of 1979. As used herein,the term
"public agency sponsor"means a public agency with control of a public-use airport;the term"private sponsor'means a
private owner of a public-use airport;and the term"sponsor"includes public agency sponsors and private sponsors.
3. 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 assurance against exclusive rights or the terms,conditions,and
assurances with respect to real property acquired with Federal funds.Furthermore,the duration of the Civil Rights
assurance shall be as specified in the assurance.
2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor. The preceding
paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the
useful life of facilities developed or equipment acquired under an airport development or noise compatibility program
project shall be no less than 10 years from the date of the acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1,2,3,
5,6, 13, 18,30,32,33,34,and 36 in Section C apply to planning projects. The terms, conditions and assurances of the
grant agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant,that:
1. General Federal Requirements. It will comply with all applicable Federal laws,regulations,executive orders, policies,
guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project
including but not limited to the following:
Federal Legislation
a. Federal Aviation Act of 1958-49 U.S.C. 1301, et seq.
b. Davis-Bacon Act-40 U.S.C.276(a), et seq. 1/
c. Federal Fair Labor Standards Act-29 U.S.C.201,et seq.
d. Hatch Act-5 U.S.C. 1501,et seq. 2/
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended-42 U.S.C. 4601,
et seq. 1/2/
I. National Historic Preservation Act of 1966-Section 10616 U.S.C. 470(f). 1/
g. Archaeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469c. 1/
h. Flood Disaster Protection Act of 1973-Section 102(a) -42 U.S.C. 4012a. 1/
L Rehabilitation Act of 1973-29 U.S.C.794.
Page 1
October 1, 1990(Rev 1)
j. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4.
k. Aviation Safety and Noise Abatement Act of 1979,49 U.S.C.2101,et seq.
1. Age Discrimination Act of 1975-42 U.S.C.6101,et seq.
in. Architectural Barriers Act of 1968-42 U.S.C. 4151,et seq. 1/
n. Airport and Airway Improvement Act of 1982, as amended 49 U.S.C. 2201, et seq.
o. Powerplant and Industrial Fuel Use Act of 1978-Section 403 42 U.S.C. 8373. 1/
p. Contract Work Hours and Safety,Standards Act-40 U.S.C.327,et seq. 1/
q. Copeland Antikickback Act- 18 U.S.C.874. 1/
r. National Environmental Policy Act of 1969-42 U.S.C.4321,et seq. 1/
s. Endangered Species Act-16 U.S.C.668(a), et seq. 1/
t. Single Audit Act of 1984-31 U.S.C.7501, et seq. 2/
u. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Executive Orders
Executive Order 12372-Intergovernmental Review of Federal Programs Executive Order 11246-Equal Employment
Opportunity 1/
Federal Regulations
a. 49 CFR Part 18-Uniform Administrative Requirements'for Grants and Cooperative Agreements to Stale and
Local Governments. 3/
b. 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.
c. 49 CFR Part 23-Participation by Minority Business Enterprise in Department of Transportation Programs.
d. 49 CFR Part 24-Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and
Federally Assisted Programs. 1/2/
e. 49 CFR Part 27-Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance. 1/
L 49 CFR Part 29-Debarments,Suspensions,and Voluntary Exclusions.
g. 49 CFR Part 30-Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny
Procurement Markel Access to U.S. Contractors.
h. 29 CFR Part 1-Procedures for Predetermination of Wage Rates. 1/
i. 29 CFR Part 3-Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States. 1/
j. 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction. 1/
k. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department
of Labor (Federal and Federally assisted Contracting Requirements). 1/
1. 14 CFR Part 150-Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.3/
b. A-128-Audits of State and Local Governments.2/
1/ These laws do not apply to airport planning projects.
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 the Airport and Airway Improvement Act of 1982,
as amended.
Specific assurances required to be included in grant agreements by any of the above laws,regulations or circulate are
incorporated by reference in the grant agreement.
Page 2
• • October 1, 1990 (Rev 1)
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 to file this application,including all
understandings and assurances contained therein; to act in connection with the application; and to provide such
additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid
by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the
grant agreement which it will own or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof,or will give
assurance satisfactory to the Secretary that good Lille 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 the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to
have the power, authority,and financial resource s 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 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.
Page 3
® 0
October 1, 1990 (Rev 1)
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 accordancei with these assurances for the duration of these assurances.
f. .If an arrangement is made for management and operation of the airport by any agency or person other than the
sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the
airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982,the
regulations and the terms,conditions, and assurances in the grant agreement and shall insure that such arrangement
also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to plan for the
development of the area surrounding the airport. For noise compatibility program projects,other than land acquisition,
to be carried out on property not owned by the airport and over which property another public agency has land use
control or authority,the sponsor shall obtain from each such agency a written declaration that such agency supports that
project and the project is reasonably consistent with the agency's plan regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the
project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and
Airway Improvement Act of 1982,it has undertaken reasonable consultations with affected parties using the airport at
which project is proposed.
9. Public Bearings. 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. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located
astride a line separating two counties within a single state,it has received approval for the project from the governing
body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest
boundary of the airport.
12. Terminal Development Prerequisites. For projects which include terminal development at a public airport,it has,on
the date of submittal of the project grant application, all the safety equipment required for certification of such airport
under section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and
has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or
deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the
proceeds of the grant,the total cost of the project in connection with which the grant is give n or used, and the
amount and nature of that portion of the cost of the project supplied by other sources,and such other financial
records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system
that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
Page 4'
• October 1, 1990 (Rev 1)
b. It shall make available to the Secretary and the Comptroller General of the United Slates,or any of their duly
authorized representatives,for the propose of audit and examination, any books, documents,papers, and records of
the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a
recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition
of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file
a certified copy of such audit with the Comptroller General of the United States not later than 6 months following
the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on any projects funded under the
grant agreement which involve labor, provisions establishing minimum rates of wages,to be predetermined by the
Secretary of Labor,in accordance with the Davis-Bacon Act, as amended(40 U.S.C. 276a--276a-5),which contractors
shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veterans Preference. It shall include,in all contracts for work on any projects funded under the grant agreement which
involve labor,such provisions as are necessary to insure that,in the employment of labor (except in executive,
administrative, and supervisory positions),preference shall be given to veterans of the Vietnam era and disabled
veterans as defined in Section 515(c)(1) and(2) of the Airport and Airway Improvement Act of 1982. However,this
preference shall apply only where the individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications, and schedules
approved by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this grant agreement, and,upon approval
by the Secretary,shall be incorporated into this grant agreement. Any modifications to the approved plans,
specifications,and schedules shall also be subject to approval by the Secretary and incorporation into the grant
agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the
construction site throughout the project to ensure that the work conforms with the plans, specifications,and schedules
approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved
project application to inspection and approval by the Secretary and such work shall be in accordance with regulations
and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress
reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or
with modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and plamiing
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.
it. 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 Slates 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.
Page 5
October 1, 1990 (Rev 1)
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.
It. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any
planning material developed as part of this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due regard to
f
climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must to
be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of
the airport,other than facilities owned or controlled by the United States,shall be operated at all limes in a safe and
serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable
Federal,state and local agencies for maintenance and operation. It will not cause or permit any activity or action
thereon which would interfere with its use for airport purposes.
In furtherance of this assurance, the sponsor will have in effect at all times arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions;and
(3) Promptly notifying airmen of any condition affecting'neronaulical 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 suitable 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 lake 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 lake appropriate action,including the adoption of zoning laws, to the extent reasonable, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations,including landing and takeoff of aircraft. In addition,if the project is for noise compatibility
program implementation,it will not cause or permit any change in land use,within its jurisdiction,that will reduce lire
compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have
been expended.
22. Economic Nondiscrimination.
a. Il will make its airport available as an airport for public use on fair and reasonable terms and without unjust
discrimination,to all types,kinds, and classes of aeronautical uses.
b. In any agreement,contract, lease or other arrangement under which a right or privilege at the airport is granted to
any person,firm,or corporation to conduct or engage in any aeronautical activity for furnishing services to the
public at the airport,the sponsor will insert and enforce,provisions requiring the contractor to:
(1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and
Page 6
• • October 1, 1990 (Rev 1)
(2) charge fair,reasonable,and not unjustly discriminatory prices for each unit or service, provided, that the
contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates, or other similar types
of price reductions to volume purchasers.
c. Each fixed-based operator at any airport owned by the sponsor shall be subject to the same rates, fees,rentals,and
other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such
airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is
authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,nomenant,or subtenant of another air carrier tenant) shall
be subject to such nondiscriminatory and substantially comparable rules,regulations, conditions,rates,fees,rentals,
and other charges with respect to facilities directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport and which utilize similar facilities,subject
to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air
carrier assumes obligations substantially similar to those already imposed on air carriers in such classifications or
status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm,or corporation
operating aircraft on the airport from performing any services on its own aircraft with its own employees (including,
but not limited to maintenance,repair,and fueling)that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services
involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or
concessionaires of the sponsor under these provisions.
h. The sponsor may establish such fair,equal,and not unjustly discriminatory conditions to be 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. Il will permit no exclusive right for the use of the airport by any persons providing, or intending to
provide,aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a
single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly,burdensonne,or impractical for more than one fixed-based operator to provide such
services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased
pursuant to an existing agreement between such single fixed-based operator and such airport.
It further agrees that it will not,either directly or indirectly,grant or permit any person,firm or corporation the
exclusive right at the airport,or at any other airport now owned or controlled by it,to conduct any aeronautical
activities,including,but not limited to charter flights,pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations, 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 the Airport and Airway
Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23,for the
facilities and services being provided the airport users which will make the airport as self-sustaining as possible under
Page 7
0
October 1, 1990 (Rev 1)
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 develoopment, airport planning or noise compatibility project for
which a grant is made under the Airport and Airway Improvement Act of 1982 or the Airport and Airway Development
Act of 1970 shall be included in the rate base in establishing fees,rates,and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a public agency,all revenues generated by the airport and any
local taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs
of the airport; the local airport system;or other local facilities which are owned or operated by the owner or operator of
the airport and directly and substantially related to the actual Fair transportation of passengers or properly; 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 airport
owner or operator's facilities,including the airport, to support not only the airport but also(lie airport owner or
operator's general debt obligations or other facilities,then this limitation on the use of all revenues generated by the
airport (and,in the case of a public airport,local taxes on aviation fuel) shall not apply.
26, Reports and Inspections. It will submit to the Secretary such,annual or special financial and operations reports as the
Secretary may reasonably request. A report of the airport budget will be available to the public at reasonable times and
places. For airport development projects,it will also make the airport and all airport records and documents affecting
the airport,including deeds,leases, operation and use agreements,regulations and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program
projects, it will also make records and documents relating to the project and continued compliance with the terms,
conditions, and assurances of the grant agreement including deeds,leases, agreements,regulations,and other
instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request.
27. Use of Government Aircraft. It will make available all of thefacilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United Slates 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 movements of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air
traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic
control, any areas of land or 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 Limes an airport layout plan jof the airport showing(1) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport
facilities and structures (such as runways,taxiways,aprons, terminal buildings, hangars and roads),including all
proposed extensions and reductions of existing airport facilities;and(3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment,
revision,or modification thereof,shall be subject to the approval of the Secretary which approval shall be evidenced
by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The
Page 8
0 October 1, 1990 (Rev 1)
sponsor will not make or permit any changes or alterations in the airport or in any of its facilities which are not in
conformity with the airport layout t plan as approved by the Secretary and which might, in the opinion of the
Secretary,adversely affect the safety, utility, or efficiency of the airport.
b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the
safety,utility, or efficiency of any federally owned,leased,or funded property on or off the airport and which is not
in conformity with the airport layout plan as approved by the Secretary,the owner or operator will, if requested by
the Secretary(1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of
relocating such property(or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such
property(or replacement thereof) to the level of safely, 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 conduct ed 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 properly 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,when the land is no longer needed
for such purposes,dispose of such land at fair market value at the earliest practical time.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, at the discretion of the Secretary, (1)be paid to the Secretary for deposit in the Trust Fund, or (2)be
reinvested in an approved noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development(other than noise compatibility) purposes,it will,
when the land is no longer needed for airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States proportionate share of the fair market value of
the land. That portion of the proceeds of such disposition which is proportionate to the United Slates share of
the cost of acquisition of such land will, (a) upon application to the Secretary,be reinvested in another eligible
airport improvement project or projects approved by the Secretary at that airport or within the national airport
system,or(b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if(a) it may be needed for
aeronautical purposes (including runway protection zone) or serves as noise buffer land, and(b) the revenue
from interim uses of such land contributes to the Financial self-sufficiency of the airport.Further,land
purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered
to be needed for airport purposes if the Secretary or the Federal agency making such grant before December
31, 1987,was notified by the operator or owner of the use of such land, did not object to such use,and the land
continues to be used for that purpose,such use having commenced not later than December 15, 1989.
c. Disposition of such land under (a) or(b) will be subject to the retention or reservation of any interest or right
therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or subcontract 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 D< 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.
Page 9
October 1, 1990 (Rev 1)
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 Stales
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 February 26, 1992iand included in this grant, and in accordance with
applicable stale 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 Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time
prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CPR
Part 24.
36. Drug-Free Workplace. It will provide a drug-free workplace at the site of work specified in the grant application in
accordance with 49 CFR Part 29 by(1) publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing,possession or use of a controlled substance is prohibited in the sponsor's workplace and
specifying the actions that will be taken against its employees'for violation of such prohibition; (2) establishing a drug-
free awareness program to inform its employees about the dangers of drug abuse in the workplace and available drug
counseling,rehabilitation,and employees assistance programs; (3) notifying the FAA within ten days after receiving
notice of an employee criminal drug statute conviction for a violation occurring in the workplace;and(4) making a good
faith effort to maintain a drug-free workplace.
Page 10�
CURRENT AA ADVISORY CIRCULARS FOR AIP PROJECTS
Effective Date: 2-26-92
NUMBER SUBJECT
70/7460-1H CHG 1 Obstruction Marking and Lighting
150/5100-14B CHG1 Architectural,Engineering, and Planning Consultant Services for Airport Grant Projects
150/5200-30A Airport Winter Safety and Operations
150/5210-5B Painting,Marking and Lighting of Vehicles Used on an Airport
150/5210-7B Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue and Firefighting Station Building Design
150/5220-4A Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A Guide Specifications.for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-11 Airport Snowblower Specification Guide
150/5220-12 Airport Snowsweeper Specification Guide
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-14A Airport Fire and Rescue Vehicle Specification Guide
150/5220-15 Buildings for Storage and Maintenance of Airport Snow Removal and Ice Control Equipment:
A Guide
150/5220-16A Automated Weather Observing Systems for Non-Federal Applications
150/5220-17A Design Standards for Aircraft Rescue Fire-fighting Training Facilities
150/5300-13 CHG 1&2 Airport Design
150/5320-5B Airport Drainage
150/5320-6C CHG 1&2 Airport Pavement Design and Evaluation
150/5320-12B Measurement,Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5325-4A CHG 1 Runway Length Requirements for Airport Design
150/5340-1F CHG 1 Marking of Paved Areas on Airports
150/5340-4C CHG 1&2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B CHG 1 Segmented Circle Airport Marker System
150/5340-14B CHG 1&2 Economy Approach Lighting Aids
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C CHG 1 Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
150/5340-24 CHG 1 Runway and Taxiway Edge Lighting System
150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems
1
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Effective Dale: 2-26-92
NUMBER SUBJECT
150/5345-3D Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-71) CHG 1 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10E Specifications for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-26B CHG 1&2 Specification for I.823 Plug and Receptacle,Cable Connectors
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D CHG 1 Precision Approach Path Indicator (PAPI) Systems
150/5345-39B CHG 1 FAA Specifications L-853,Runway and Taxiway Centerline Retroreflective Markers
150/5345-42C CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories
150/5345-43D Specification for Obstruction Lighting Equipment
150/5345-44E Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L-854,Radio Control Equipment
150/5345-50 CHG 1 Specification for Portable Runway Lights
150/5345-51 CHG 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators(GVGI)
150/5360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations
150/5360-12 Airport Signing and Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C Operational Safety on Airports During Construction
150/5370-6B Construction Progress and Inspection Report-Airport Grant Program
150/5370-10A CHG 1,2,3 Standards for Specifying Construction of Airports
150/5370-11 CHG 1 Use of Nondestructive Testing Do vices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5390-2 Heliport Design
150/5390-3 Verliport Design
2
DATE:
October 29, 1993
TO:
FROM: Judy Sumich, City Clerk
SUBJECT' Allen Smoot, Director of Aviation
AGREEMENT 3229 - FAA GRANT AIP-16
Judy, I am sorry for the tardiness in following up on this with you. I have confirmed
with Eric Vermeeren that there is a typo; the amount on the grant of $1,475,027.00
is the correct amount.
ALLEN SMOOT
Director of Aviation
AS:ps
'fv J
V� !r ✓r /
f
1/
j J lr
l/
DATE: October 27, 1993
TO: Airport - Attention: Pam FJg i
FROM: City Clerk
AGR 3229 - FAA Grant AIP-16
This has been on my pending list for sometime, and I would really like to get rid of it.
The copy marked "A" is from our agreement file as executed. The copy marked "B" is
what you sent to us in June. The face sheet of our agreement is the same as the "new"
face sheet you sent. The difference, however, is that the amount of the grant in the letter
is $2 less than the amount in the original agreement. What is the deal?????
�.. �;j
�.� JUDY
Attached
i FAA Grant AIP-16
Airport Improvements
AGREEMENT #3229
R18096, 5-19-93
U.S.DEPARTMENT
OF TRANSPORTATION
FEDERAL AVIATION
ADMINISTRATION
GRANT AGREEMENT
Part I-Offer
Date of Offer:May 27,1993
Palm Springs Regional Airport/Planning Area
Project No:3-06-0181-16
Contract No: DTFA08-93-C-20769
TO: City of Palm Springs,California
(herein called the"Sponsor")
FROM:The United States of America(acting through the Federal Aviation Administration,herein called the"FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 01/26/93, for a grant of Federal funds
for a project at or associated with the Palm Springs Regional 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:
Prepare Airport Master Plan update study, FAR Part 150 update study, and Environmental Impact Report /
Environmental Assessment for Runway 31L departure end extension; acquire runway sweeper (1); construct drain
line next to Taxiway"A" (approx.4,000 LF).
all as more particularly described in the Project Application.
A
Page 1
I
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway
Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein
called the"Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of(a) the Sponsor's
adoption and ratification of the representations and assurances contained in said Project Application and its acceptance
of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the-
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL
AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND
AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90.00
percentum.
The 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$1,475,027.00 For the purposes
of any future grant amendments which may increase the foregoing maximum obligation of the United Slates
under the provisions of Section 512(b) of the Act,the following amounts are being specified for this purpose:
$-- -- or planning
$1,475,027.00 -.r or 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 Stapes 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 09/30/93 or such subsequent date as may be
prescribed in writing by the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon
which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds"
means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other
Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of
the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents
and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other 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 Slates 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.
Page 2
�1
US Department Western-Pacific Region Po Box 92007
of Transportation Worldway Postal Center
Los Angeles,CA 90009
Federal Aviation
Administration
REC9EIVED
May 20, 1993
JUN 2 8 1993
Mr.Allen F.Smoot
DEPARTMENT
Director of Aviation
City of Palm Springs AVIATION OF
ON
P.O.Box 2743
Palm Springs, CA 92263-2743
Dear Mr.Smoot:
Palm Springs Regional Airport;
All?Project No.3-06-0181-16;
Grant Offer
The Palm Springs Regional Airport,Fiscal Year 1992 Airport Improvement Program Project No.3-06-
0181-16,Contract No.DTFA08-93-C-20769,has been approved. Enclosed are the original and four copies
of a Grant Offer,under which the United States commits itself to participate in the allowable cost of the
project not to exceed$1,475,029.00.
Your acceptance of the Grant Offer will obligate the City of Palm Springs(sponsor), to accomplish the
described development. An official of the sponsor shall accept the offer on or before the date specified in
Paragraph 6,Page 2 of the Grant Offer by signing the enclosed instruments in the space provided.
The date of the execution of the Grant Offer should be the same as, or later than,the date of the
resolution. The certificate of sponsor's attorney shall be the same as, or later than,the date of execution.
When the documents are fully executed, certified, attested, and appropriate seals impressed,lease return
the original and three copies of the Grant Agreement to this office.
Sincerely,
J P.Milligan
Supervisor Standards Section ���/�� ✓�� �C
Enclosures
C7
ZZ'`
7
3�-
U.S.DEPARTMENT
OF TRANSPORTATION
FEDERAL AVIATION
ADMINISTRATION
GRANT AGREEMENT
Part I-Otter
Date of Offer:May 20,1993
Palm Springs Regional Airport/Planning Area
Project No:3-06-0181-16
Contract No: DTFA08-93-C-20769
TO: City of Palm Springs,California
(herein called the"Sponsor")
FROM:The United States of America(acting through the Federal Aviation Administration,herein called the"FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 01/26/93, for a grant of Federal funds
for a project at or associated with the Palm Springs Regional 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:
Prepare Airport Master Plan update study, FAR Part 150 update study, and Environmental Impact Report /
Environmental Assessment for Runway 31L departure end extension; acquire runway sweeper(1); construct drain
line next to Taxiway"A' (approx.4,000 LF).
all as more particularly described in the Project Application.
,�, ° Page 1
el
US Department Western-Pacific Region P.O.Box 92007
Of Transportation Worldway Postal Center
Federal Aviation Los Angeles,CA 90009
Administration
RE 'VE
May 20, 1993
JUN 2 8 1993
Mr.Allen F.Smoot
Director of Aviation EDEPAftT°iME f OF
City of Pain Springs AVIATION
P.O.Box'2743
Palm Springs, CA 92263-2743
Dear Mir. Smoot:
Palm Springs Regional Airport;
AIP Project No.3-06-0181-16;
Grant Offer
The Palm Springs Regional Airport,Fiscal Year 1992 Airport Improvement Program Project No. 3-06-
0181-16, Contract No.DTFA08-93-C-20769,has been approved. Enclosed are the original and four-copies
of a Grant Offer,under which the United Stales commits itself to participate in the allowable cost of the
project not to exceed$1,475,029.00.
Your acceptance of the Grant Offer will obligate the City of Palm Springs (sponsor), to accomplish the
described development. An official of the sponsor shall accept the offer on or before the date specified in
Paragraph 6,Page 2 of the Grant Offer by signing the enclosed instruments in the space provided.
The date of the execution of the Grant Offer should be the same as,or later than, the date of the
resolution. The certificate of sponsor's attorney shall be the same as, or later than,the date of execution.
When the documents are fully executed, certified, attested, and appropriate seals impressed,please return
the original and three copies of the Grant Agreement to this office.
Sincerely,
41
J P.Milliganj����'
Supervisor,Standards Section
t �
Enclosures
U.S.DEPARTMENT
OF TRANSPORTATION
FEDERAL AVIATION
ADMINISTRATION
GRANT AGREEMENT
Part I-Offer
Date of Offer:May 20,1993
Palm Springs Regional Airport/Planning Area
Project No:3.06-0181-16
Contract No: DTFA08.93-C-20769
TO: City of Palm Springs,California
(herein called the"Sponsor")
FROM: The United Stales of America(acting through the Federal Aviation Administration,herein called the"FAA')
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 01/26/93, for a grant of Federal funds
for a project at or associated with the Palm Springs Regional 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:
Prepare Airport Master Plan update study, FAR Part 150 update study, and Environmental Impact Report /
Environmental Assessment for Runway 31L departure end extension; acquire runway sweeper (1); construct drain
line next to Taxiway"A" (approx.4,000 LF).
all as more particularly described in the Project Application.
Page 1