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HomeMy Public PortalAboutResolution 15-94 Accepting Grant Airport Development Aid Program CITY RESOLUTION EXTRACT FROM THE MINUTES OF A REGULAR MEETING ( , OF THE CITY COUNCIL OF THE CITY OF MC CALL, IDAHO HELD ON /17a a Co , 1994. The following Resolution was introduced by Councilman 1/4/e4/75 , read in full, considered and adopted: RESOLUTION NO.15- frOF THE CITY OF MC CALL, IDAHO ACCEPTING THE GRANT OFFER OF THE STATE OF IDAHO THROUGH THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS, IN THE MAXIMUM AMOUNT OF $52,840.00 TO BE USED UNDER THE AIRPORT DEVELOPMENT AID PROGRAM PROJECT NO. 3-16-0023-04 SUP. IN THE DEVELOPMENT OF THE MC CALL AIRPORT; AND Be it Resolved by the Mayor and Council of the City of McCall, Idaho (herein referred to as the "CITY") as follows: Sec. 1 . That the CITY, shall accept the Grant Offer of the State of Idaho in the amount of $52,840.00, for the purpose of obtaining State Aid under Project No. 3-16-0023-04 Sup., in the development of the McCall Airport; and Sec. 2. That the Mayor of the CITY is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Part II - Acceptance) on behalf of the CITY and the C, CITY Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the CITY on the aforesaid statement of Acceptance; and Sec. 3. A true copy of the Grant Offer referred to herein is attached hereto and made a part thereof. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 27DAY OF 1994. A. 141-L DEAN A. MARTENS, Mayor ATT ST: Arthur J. 4.chmidt, Administrator CERTIFICATE I, Arthur J. Schmidt, CITY Administrator d9 hereby certify that the foregoing is a full, true, and correct copy of Resolution No./adopted at a regular meeting of the Council held on the ,lay of 1994, and that the same is now in full force and effect. ' IN WITNESS WHEREOF, I hie hereunto set my hand and impressed the official seal of the CITY, this ,,97--day of /(7 , 1994. ,T.00" ART UR . SCH IDT, Administrator WDP:DOCA IDAHO TRANSPORTATION DEPARTMENT DIVISION OF AERONAUTICS GRANT AGREEMENT TO: City of McCall (Hereinafter referred to as the "SPONSOR") FROM: The State of Idaho, acting through the IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS, hereinafter referred to as the "STATE". WHEREAS, the SPONSOR has submitted to the STATE for subvention of the Idaho Airport Aid Program for development of the McCall Airport, together with the planning proposal or plans and specifications for such project, which project application has been approved by the STATE and is hereby incorporated herein and made a part thereof; WHEREAS, the Idaho Transportation Board has approved a project for development of the airport consisting of the following described airport development: Project Number: 3-16-0023-04 SUP. Project Description: Apron reconstruction, new apron construction, taxiway construction, weather observation equipment, and boundary fence. Funds under this grant are available to the locals for development of plans and specifications prior to the receipt of the FAA grant on a 50/50 basis as in the attached "APPENDIX A". NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions of the uniform State Aeronautics Department Act of 1947, as amended 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 State of Idaho and Public from the accomplishment of the project and the operation and maintenance of the airport as herein provided, the STATE hereby agrees to pay as its allowable costs incurred in accomplishing the project, not more than five (5) percent of all allowable project costs. This Grant is made on the following terms and conditions: 1 . The maximum obligation of the STATE payable under this Grant shall be $52,840.00. • 2. The SPONSOR shall: A. Certify the availability of at least $52,840.00 to match STATE'S participation in said project. Diligently and expeditiously complete this project and likewise pursue appropriate measures as may be agreed upon by the SPONSOR and the STATE to remedy project delays, including but not limited to litigation or condemnation. B. Carry out and complete the project in accordance with the plans and specifications and property map, incorporated herein, as they be revised or modified with the approval of the STATE. C. All contracts for construction involved in this project shall be bid competitively in accordance with bidding procedures otherwise authorized for public entities. D. In connection with the acquisition of real property for the project, the SPONSOR shall secure at least two written appraisals by competent, experienced appraisers who are members of a recognized professional appraisal organization and shall not pay in excess of the highest appraisal without the written consent of the STATE or except as otherwise directed by a court of competent jurisdiction after a contested trial and a judgment not resulting from an agreement between the parties. E. No STATE funds will be paid to the SPONSOR in any case until it certifies in writing that it has funds available and will spend an amount equal to the STATE'S participation, or the amount designed in Paragraph (A) above, which amount will be used solely for the project in question. F. The SPONSOR agrees to hold said airport open to the flying public during the useful life of the facilities developed under this project; that no exclusive operating or use agreements shall be granted to any person, company, or corporation; that failure to abide by such agreement shall automatically obligate the immediate and full return of all State of Idaho money expended in behalf of the project to the State of Idaho. 3. The allowable costs of the project shall not include any costs determined by the STATE to be ineligible for consideration as to allowability. 4. The STATE reserves the right to amend or withdraw this offer at any time prior to its acceptance by the SPONSOR. 5. This offer shall expire and the STATE shall not be obligated to pay any part of the costs of the project unless this agreement has been accepted by the Public Entity on or before July 30, 1994 or such subsequent date as may be prescribed in writing by the STATE. • Except for those projects receiving both State and Federal Aid, the following inspection schedule and reporting system will be required: 6. Inspection Schedule and Reporting System: Inspection Schedule and Reporting System will vary for each project. Basically, the inspection schedule will be placed on a quarterly basis. On projects taking less than three (3) months, the SPONSOR will be required to make reports and be inspected on the following schedule: A. SPONSOR report project commencement date. B. SPONSOR report project completion date and request final inspection. C. STATE will make final inspection and sign off project completed. D. STATE will arrange for audit of account in accordance with regularly scheduled audit program. Projects taking over three (3) months will be set up on a quarterly inspection and progress report system. The SPONSOR will be required to make reports and be inspected on the following schedule: (Iji‘ A. Report project commence date. B. SPONSOR will make a three (3) month progress report. This will be a letter report giving percentage of project completed, funding expenditures to date, and short narrative of the project progress, problems encountered, and plans for project completion. C. STATE will make quarterly project inspections and prepare the report of inspection. A copy of the report will be delivered to the SPONSOR. D. SPONSOR will make report of completion of project and request final inspection. E. STATE will make final inspection and sign-off project as completed. F. STATE will arrange for audit of account in accordance with regularly scheduled audit program. The SPONSOR'S acceptance of this offer and ratifications and adoption of the project application incorporated herein shall be evidenced by execution of this instrument by the SPONSOR, as hereinafter provided, and said offer and acceptance shall comprise allocation agreement, constituting the obligation and rights of the State of Idaho and the SPONSOR with respect to the accomplishment of the project and the operation and the maintenance of the airport. Such allocation agreement shall become effective upon the SPONSOR acceptance of this offer and shall remain in full force and effect throughout the useful life of the facilities developed under the project but in any event not to exceed twenty (20) years from the date of acceptance. STATE OF IDAHO, ITD Division of Aeronautics By: jti.e.4_,:et-es.„ WILLIAM S. COOPER, Ad inistrator ACCEPTANCE THE SPONSOR DOES HEREBY RATIFY AND ADOPT ALL STATEMENTS, representations, warranties, covenants, and agreements contained in the project application and incorporated materials referred to in the foregoing offer and does hereby accept said offer and by such acceptance agrees to all of the terms and conditions thereof. Li vG Executed this 027 day of BY• ems- RILL DEAN A . MARTENS Title: Mayor WDP:pss/doca APPENDIX A The costs of preparing plans and specifications are reimbursable at the time of construction under the AIP Program. In order to assure maximum reimbursement, the local sponsor and the consultant must comply with all applicable federal, state, and local laws, ordinances, rules, and regulations as included in the attached "ASSURANCES, Airport Sponsors" during the life of this project. The total state share will be fifty percent (50%) of the required local match assuming total reimbursement of design engineering and administration costs at the ratio in effect at the time of the FAA grant award. Failure to receive maximum reimbursement of design project costs due to failure to comply with any of the above will not necessarily justify an increase in state participation. • • \, 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 arerequiredto 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 a part of the grant agreement. B. Duration and Applicability J 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 ten (10) years from the date of the acceptance of Federal aid for the project. \ 1 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 ,/Th7 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 - 42 U.S .C. 4601, et seq. 1/2/ f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f) . 1/ g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. 1/ . h. Flood Disaster Protection Act of 1973 - Section 102 (a) - 42 U.S.C. 4012a. 1/ i. Rehabilitation Act of 1973 - 29 U.S .C. 794 . 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. m. 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 - 2 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/ � . 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/ • • Page 2 of 16 • • Federal Regulations ' • J a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments . 3/ • b . 49 CFR Part 21 - Non discrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of TitlesVl' 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/ f. 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 Market Access to U.S . Contractors . h. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates . 1/ i . 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S . 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 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 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 circulars are incorporated by reference in the grant agreement . Page 3 of 16 • 2. Responsibility and Authority of the Sponsor. a; Public Agency Sponsor: •.. It has legalauthority to apply for the grant,- and to finance and carry out the proposed project; 1 that a resolution, motion or similar action has been duly adopted or passed •as •an official act .of: the ; applicant's governing body authorizing thefiling of the.: application, including all understandings andassurances .contained ,therein, and directing and authorizing the filing. of. the application, including all understanding and. assurances contained therein, and directing and • authorizing the -person identified as .the official 'representative of the applicant to .actin 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 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 expanded or will give assurance to the Secretary that good title will be obtained. • • 5. Preserving Rights and Powers . • It will not take or permit any action which would operate to deprive it of any of he 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 or right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. (-1 b. ' It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the Page 4 of 16 • property' shown on Exhibit' A to this application• or, fora noise compatibility program project, that portion of. the:property upon which Federal funds have been expended, for. the .;duration of the I-) terms, conditions, and assurances in the grant agreement without approval by the Secretary. .If the transferee is found by .the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to .assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert •in the contract or document transferring or disposing of the sponsor's . interest, and make binding upon the-transferee, all of the terms, conditions and assurances contained in this grant agreement. • 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 ifthere 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. 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 inanagement 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 Page 5 of 16 another public • agency: has land'use: control , or authority, the sponsor shall' obtain from each such agency a written declaration that such agency .supports: that• project and .the project is reasonably consistent. with the agency' s plans regarding the property. . . . 7 . 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 Hearings . In projects involving the location of an airport, an airport runway, .or a. major .runway extension, it has afforded the`-opportunityfor public hearings forthe..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 of 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 . safetyequipment 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 (Revised l/931 c , c • of such airport to passengers enplaning or deplaning from aircraft other than air'carrier aircraft. 13 . Accounting System, Audit, . and Recordkeeping Requirements . a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and .the amount and nature of that portion of the cost of the. project supplied by ' other sources, and such other .financial records pertinent to the project. The accounts and records shall 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 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' 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 • Page 7 of 16 • • 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 I maintain competenttechnicalsupervision at the construction site throughout the project -to assure that the work conforms with the' plans, specifications, and schedules approved by the Secretary I for the project: It shall subject the construction work on any project contained in the 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 .reportsi as required pertaining to the planning project and planning worki 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 i 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 ( Th of this project grant or the Secretary' s approval of any plannin4 • • Page 8 of 16 • • material developed as part of this grant does not constitute or imply any assurance or commitment of the part of the Secretary to. ( approve any 'pending or future application for a Federal airport grant. 19 . Operation and Maintenance . a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith,'.with' due regard to climatic' and flood conditions . Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and. serviceable condition and • • in accordance with the minimum standards as amy 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; CJ1 (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 facilitywhich is substantially damaged or destroyed due to an act of God or other condition of • 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 . Page 9 of 16 . 21. Compatible Land Use. It will. take appropriate action, including the adoption of zoning laws, : to the. extent reasonable, to restrict' the' use.. of land. adjacent to or'' in the. immediate • • vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of ' aircraft. In addition, if the project isfor. noise compatibility, program implementation, it will not cause or permit any change in land use,within its jurisdiction, that will . reduce the • compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22 . Economic Nondiscrimination. " • a. It will. make• its airport available as an airport for public use on• fair and reasonable terms and.without unjust discrimination, to all types, kinds, and .classes of aeronautical uses . • 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 • • (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-base operator at any airport owned by the sponsor shall be subject to the same rates, fee's, rentals, and other charges as. are uniformly applicable to all other fixed-base 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-base operator that is authorized or permitted by the.• airport to serve any air carrier at such airport.. e . Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and .substantially related to providing air transportation as are applicable to all - such air carriers which make similar use of such airport and • Page 10 of 16 ' which utilize similar facilities,.. subj ecti.to.. reasonable classifications ' such :as " tenants or nontenants..and•;signatory carriers 'and nonsignatory•carriers ..:r•,Classification• or• status as tenant 'or signatory shall notbe . 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 whichoperates 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 . It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: • a. It 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, 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 Page 11 of 16 • • • operations, aircraft sales and services, sales of..aviation • • petroleum products whether' or not.•conducted..in conjunction with other aeronautical'activityrepair.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 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.: any airport..development,. airport , planning o 'noise compatibility project formade . ' under the Airport and Airway Improvement Act: of.,1982;,-the .Federal , Airport Act or=the•.Airport and Airway DevelopmentAct 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 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 that airport, ' to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the . use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 26. Reports and Inspections . It will submit to the Secretary such- annual or special financial and operations reports as the Secretary may reasonably request. 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 (Revised 1/93) Page 12 of 16 • make records and documents. relating. to the project and continued compliancewith 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 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 adjacentthereto; 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'r.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 Page 13 of 16 location of. `all• existing and'`proposed nonaviation .areas -and .of ;:.,.:.. all existing improvements' thereon':' '' Such airport layout plan'. and each amendment,' revision, ' ormodification thereof, shall be subject• to 'th'e approval'of 'the"Secretary which approval' shall be! • evidenced by the signatureof'a' duly' authorized representative ' of. the Secretary on the face of the airport layout plan. The sponsor will no-t-;'make or permit any' changes or alterations in the ' airport or in ;any`-of its' facilities which are not in• conformity r . with the airport.: layout :plan as `approved by the Secretary and. . I .. which might;"'in the' opinion' of."the Secretary,'-' adversely affect .. the safety, ' utility;•: or" efficiency 'ofthe 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.. owner, leased,'or''funded property. on or off' the airport and whic' is not in conformity with the airport layout' plan as approved by .. thye 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 yerson 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, i . 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 I .. 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. I 31. Disposal of Land. • a. For any land purchased under a grant for airport noise compatibility 'purposes, it will when the land is no longer needed for such purposes, dispose of . such land at fair market value at the earliest practicable time. - That portion of the proceeds of such disposition which •is proportionate to the United States share of the cost '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. I . • Page 14 of 16 . b':0- (1) Forland purchasedsunder.!agrant:.for%airport development (otherathan:enoise,,compatibilit ur oses lit will, ( 1 when the land is 'noalonger::needed• for airport purposes,- dispose of such land ; at::fair market value •or. make .available to the Secretary•-an:'amount equalto .the "United- States proportionate share of the :fair- inarket:_value of the land. That portion of the proceeds of such::disposition which .is proportionate to the United States share of the cost of acquisition of •such land will, (a) upon application to the :.Secretary, be reinvested in another eligible airport -improvement project or projects approved by the Secretary at theairportor 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 of the Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the use of such land, did riot object to such use, and the land continues to be used for that purpose, such as 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 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 supplies of the United States in ( procurement and construction. • • 34. . Policies,. Standards r2.andc:Spec ficatioas It.:will carry out. the prof ect in.accordance twith..policies aatandards sand specifications K`approved':byetheSecretarynincluding, but not.; - limited to .the•:advisory circulars:listed in=:the "Current- FAA Advisory=Circulars •for. AIP .Project'sdated ` - _" ' ..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 offeringg the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as -. y required in Subparts D and E or- 49 CFR Part 24. (3) it will mss. 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. 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 any available drug counseling, - - rehabilitation, .:and employees assistance programs; : (3) notifying the FAA within ten days after receiving notice of an employee criminal drug statute conviction for a violation occurring in the workplace; and (4) making a good faith effort to maintain a drug- free workplace = Page 16 of 16 • SEP I5 '93 14:37 FROM FRP—ARP—12 TO RNM—Sidid rr+va. e.ra . orJe 4 • • • ' CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Effective Date: 8-12-93 , NUMBER SUBJECT • 70/7460-IH Obstrucdan Marit c and lighting • CiiG 1 2 • • 15C/SIC0-.148 Architectural.Engineering.and Planning Consultant Services for Airport Grant CNG 1 ProJQ 150/5210-58 Painting,Marking and Lighting of Vehicles Used on an Airport • • 150/5210-T8 Aircraft Rat and Re a/e Ccmmwrica:ars • 15015210-1t Airport Fre and Rem Personnel P:otective.C1othing 150/5210-15 • Airport Pearse&i arrignt ig Station 9ulc+ng Design . 150!5220-48 Water Supply Systems for.Akraft Fre and Rescue Protection 1_015220-;CA :Gu'e,'e Specification for Water/Foam Type A'vcaft Rescue end Firefighting Vehicles 18015220-12 .. Airport Snowswee er Speciation Guide 150,5220-138 •Runway Surface C.on:l5cn Sensor SpecS tra Glade • 140/5220.-!dA Airport Fre and Resa'e V!n!do Specl=tion Guide ;5C1522C- 6A • Aucmated Weather Observing Systems(or Non-Fedora♦Applications 140/52/0-I 7A Design Stangd :s'crAirmirn Reae Fre-dldng Training Facilities 15c/522 -18 Buildings far Storage and Maintenance of Alport Snow an :ea Caned e_�ipment and Materials . .. „• 150+5220-20 :. Airport Snow and!a Control Ezsipment • 15C/5220-21. Guide Spedfical.ans for Lifts Used to_cad Ai:iine F.�aangers*Prim Mobitirl!cpairmcnts CHG 1 . _ 150/5300-13 Airport Cesign . CHG I82 . • 150,5320-5i3 Airport Orinega4[ 150.53320-SC .Airport Pavement Gssign and Evaivadon . .. CiiG 1 8 2 ::.. • =::... ; ..-.5015320-128. ,Me suremenr,C.:.::t.ction.and Maintana,a cf Skid:+esfsant Airport Pavement Surfaces .s 150;5320-1d _ Airport Lanr✓_3pitg!cc Noise Cone f Purposes _ .• 150/5325-aA .:, �, . Runway Length Rag_iratnena icr Airport Cosign CHG 1 150/5340-1F Marking of Pared Arias on Airports CHG 1 _.. 1S0/5340.-tC • _ Insc.raaon Deta!s for Runway C,:nter!sra Touchdown Zone Lignting System: CHG 1 0 2 ISOM:W0-SB Segmented Circe./port Marker System CHG I 150:5.310-148 Economy Apprca_-1 Lighting Aids CiiG 1 8 2 �• 1501S340-173 Standby Paws:fcr Non-FM Air;;Lighting Sys:¢rs •• 15015.;40-I SC Sfanc+r-i.' for Air,1-rt Sign S;+sie!rs CHG 1 • 150!53:0-19 Taxiway Cen:erine ligihting.Systam 15015340-21 Airport Miscsilanecu s Lighting Yc;zl Aids 150:5340-228 Supclen ants Wind Cones 1S 530..-24 Runway and Taxiway Soge Lighting Syst n CHG 1 Air-4o•-around:aro Control of Ai cr1 15Q!53aC-37%, rF Lighting S..temz 150!5a45„O SJeciric tion for t.-321 Panels for Remote Control of Airport Lgncng 150/5345--SA Circat Select::Switch 150/5345-:0 Specifiedcn for L324 Underground Electrical Cable!or Airport Lighting Circuits CMG I I50!5345-10E Specification for Cansant Currant Sequtarsrs Ra;.dator Monitors 150/52AS-12C Specification for Airport and Heliport Seacan • • • • as N , ,1 n • u in �n iw [1 iw en in m uo o a in iw iw o w n �n u "' ' R Y ' 1QQ2QZQ Q' � � xQxpoop Qpxpx =1 mQ g c r misL1It� ILI0,LI mmI§jMLl �ba w12 Cl a CV 0E m c - � TQ Q� fQI QQrui y� y� �wtrri � yA 70 1 4a MI J S' w �w L►N �1 al p w n ayanyme� co oc�'i�'m v • • • X0 . y �C • U• i( tai d t •o fA�f►D fA n N • co '11 C,N N n c73 p • . • :}.• 1.0 3•;a c5. - i,Y;i a �p r r a , a •r '0 Q, , : . s. 0-. ' ?.-I .§ F '11 fit.t= Pa' e ki-2 a 11 •' • ;13 - . •� M . • . , g ,,g.. ag wis, ,E. . e.5.: 1 A v W D 0 n v',�', .a 5...- .}.1 0 i -a • .--p -, -, in •--1 -i c► N w ti i1 1 o r ii M YI h 3 • - I Ic s- g . . g T ' 5 1. il.i. F ii ... �' • a • N n r c • • , - &a 2- . • y • a c' � U • ^ • 1 „ a it r '� Q' d ?• 0 O M LT. , Yl 13 1. PI ro • .I 2 G a n • a a • t • N Cil STATE OF IDAHO Cecil D.Andrus, Governor TRANSPORTATION DEPARTMENT P.O.BOX 7129 • BOISE,ID • 83707-1129 • 208/334-8000 May 16, 1994 pcd 7( Arthur J. Schmidt, City Administrator City of McCall P.O. Box 1065 McCall, ID 83638 RE: McCall Airport; Project Number 3-16-0023-04 Supplement Dear Mr. Schmidt: Enclosed are two copies each of the GRANT AGREEMENT and CITY RESOLUTION for the above referenced project. Please have the mayor ratify and sign both copies of each, retain one copy for your records, and return the second ratified copy to this office. . I The mayor's signature on the agreement will serve as your notice to proceed. We have your earlier reimbursement request on file for which we were unable to come up with a full state share under the 50/50 pre-FAA grant sharing ratio. I will use that earlier payment request as the basis for making an additional reimbursement upon receipt of the ratified agreement or the date of July 1, 1994, whichever is later. Should you have any questions please contact me at (208) 334-8783. Sincerely, , S7.//f7/ JP.,-,,i0,2L.Le• yt.d_ r AF5 WAYNE D. PICKERILL, P.E./L.S. Airport Planning and Development Engineer WDP:pss/doc94aidapp Enclosures cc: Sandra Simmons, FAA Chuck Sundby, Toothman-Orton Engineering - An Equal Opportunity Employer -