HomeMy WebLinkAbout101-85 RESOLUTIONRESOLUTIQi NO. 101-85
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CT.FRK
TO EXECUTE Two GRANT AGREEMENTS WITH THE FEDERAL
AVIATION ADMINISTRATION FOR PROJECT NO. 3-05-0020-05
TO EXTEND THE EAST PARALLEL TAXIWAY AND INSTALL
TAXIWAY LIGHTS AND FOR PROJECT NO. 3-05-0020-07
FOR LAND ACQUISITION.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE QTY OF FAYE TEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute two grant agreements with the Federal Aviation Administration
for Project No. 3-05-0020-05 to extend the east parallel taxiway and
install taxiway lights and for Project No. 3-05-0020-07 for land acqui-
sition. Copies of the grant agreements authorized for execution hereby
are attached hereto marked Exhibits "A" and "B" and made a part hereof.
PASSED AND APPROVED this 17th day of September , 1985.
, . , Y f
k : '.-• t
Y
Clerk
APPROVE
Mayor
U.S. Department
of Transportation
Federal Aviation
Administration
•
SEP 1 6 1985
Honorable Paul Noland
Mayor of Fayetteville
P. 0. Drawer F
Fayetteville, Arkansas 72702
Dear Mayor Noland:
Oklahoma City Airports District Office
204 FAA Building, Wiley Post Airport.
Bethany, Oklahoma 73008
Telephone 405 789-2905
We have enclosed the original and one copy of the grant offer for work to
be accomplished under Project 3-05-0020-07, Drake Field Airport,
Fayetteville, Arkansas. Please execute each, have your attorney complete
the certificate as shown, and return the original to me.
Please note that this offer must be accepted on or before September 30,
1985.
Sincerely,
ctAMgirri-
Manager
Enclosure
cc: Arkansas Department of Aeronautics
Edward Warren: First American Aloft
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
Page 1 of 4 pages
U.S Department
of Transportation Part l -Offer
Federal Aviation
Administration Date of Offer SEP 1 6 1985
Airport: Drake Field
Project No. 3-05-0020-07
Contract No. DOT FA 85 SW 8508
TO: The City of Fayetteville, Arkansas
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration,
herein referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application ( also called
an Application for Federal Assistance) dated August 9, 1985 , for a grant of Federal
funds for a project for development of the Drake Field
Airport (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, as approved by
the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called
the "Project") consisting of the following -described airport development:
Acquire land for development (fee simple title or other property interest
satisfactory to the Administrator to Tract B as shown on property map Exhibit
all as more particularly described in the property map and plans and specifications incor-
porated in the said Application for Federal Assistance.
FAA Form 5100-37 (10-84) Development or Noise Program
•
•
Page 2 of4 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions
of the Airport and Airway Improvement Act of 1982, 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% of all
allowable costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this
offer shall be $ 72,000 . 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:
$ 72,000
$
for land acquisition
for airport development or noise program
implementation (other than land acquisition).
2. The allowablecosts 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.
Unless otherwise stated in this grant agreement, any program income
earned by the sponsor during the grant period shall be deducted
from the total allowable project costs prior to making the final
determination of the United States share. 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.
FAA Form 5100-37 (10-84) Development or Noise Program
Page 3 of 4 pages
5. The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to
pay any part of the costs of the project unless this offer has been
accepted by the sponsor on or before September 39.1985 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 per—
taining 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, and the sponsor shall hold the
United States harmless from all claims arising from, or related to,
completion of the project or the sponsor's continuing compliance with
the terms, conditions, and assurances in this grant agreement. -
9. The property map referred to on Page 1 of this grant agreement is the
property map, Exhibit A attached herewith.
FAA Form 5100-37 (10-84) Development or Noise Program
S961
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FEDERAL ASSISTANCE
• ' 1. TYPE PREAPPUCInaN
• r/ - ACTION ® APPLICATION
(M/ark asgam- 0 NOTIFICATION OF INTENT (Opt) Z
b0iai�u 0 REPORT OF FEDERAL ACTION abwk
4. LEGAL APPUCANT/RECIPIENT
e, ApRlaal Name City of Fayetteville
b. CranR,Nw Dai City of Fayetteville
c Street/P.O. Baa : P. 0. Drawer F
d. City : Fayetteville a. coot, : Washington
I. Stat •: Arkansas g. ZIP Dade: 72702
h. Contact Paan (Name Don Grimes, City Manager
& teoa
lrphe Na.) : 501-521-7700
id 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT
2. APPLI-
CANTS
APPLI.
CATION
a. NUMBER
b. DATE
Year month day
1985 8 5
1
I10. AREA OF PROJECT IMPACT (Names of Sim, counties,
Drake Field Airport: This project consists of the
acquisition of 3 acres of land adjacent to the
airport terminal area
«1
1
1
1
Fayetteville,
11. ESTIMATED NUM.
State, etc.) BER OF PERSONS
BENEFITING
Washingtom, Arkansas 200,000
3. 8T..
APPUCM
PION
IDENTI.
FIE.R
OMB Approval No. 2D41Ot1$
a. NUMBER
b. DATE
ASSIGNED 19
Year month dab
5. FEDERAL EMPLOYER IDENTIFICATION NO.
71-6018462
B.
PRO-
GRAM
(From
Federal
Catalog)
a. NUMBER
b. TITLE
1210I•kb161
Airport Improvement
P1.oyiam
6. TYPE OF APPLICANT/RECIPIENT
A -State II -Community Action Agency
B-lntaratata I- Nigher Educational Institution
C-Substat )-Indian Tribe
District K-OtMr (Specify)D-C
EE-Cly ly
F -School District
G DPaial Purpose
9. ITYPE OF ASSISTANCE
A-8a(e Grant 0 -Insurance
13 -Supplemental Grant E011ier Enter aggro-•
C -Loan priate letter(.)
12. TYPE OF APPLICATION
A -Neo C -Recision E -Augmentation
B -Renewal II -Continuation
Enter appropriate letter
Enter appropriate letters
■pi
13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For 1te or tete)
A -Incase Dollars F -Other (Specify):
a. FEDERAL S 72,000 ,00 a. APPLICAM b. PROJECT B -Decease Dollars
b. APPLICANT 4,000 .00 03 03 C -Incas Duration
D-Decease Duration
_c. STATE 4,000 .00 16. PROJECT START 17. PROJECT ECancellation
DATE Yearnings nits da DURATION
d. LOCAL .D0. 19 85 10 15 4 Months
sic OTHER 00 18. ESTIMATED DATE TO Year month day
+ BE SUBMITTED TO
G T01A1 $ 80,000 .00 FEDERAL AGENCY le. 19 85 8 9. NA
20. FEDERAL AGENCY TO RECEIVE REQUEST (Name, City. Stat. 21P code) 21. REMARKS ADDED
DOT, FAA, Oklahoma City Airports Dist. Office, Bethany, 0x 7100 ❑ Yee .saNa
22. a. To the best of my knoMedge and bdld, b. If raqulrod by OMB Circular P45 this application was submitted, pursuant to In- No re -
data in Mia prapplication/application M Suctions thank, to appropriate clearinghouses and all responses re attached: sponse
THE true and correct • the document hes ham
APPLICANT duly authorized by the gusaning beta of
CERTIFIES the applicant and the applicant will comply
THAT p. with the attached assurances U toassist-
rice Is approved.
23. a. TYPED NAME AND TITLE
CCEE�FYING Marilyn Johnson
RSENTATIVE Assistant Mayor
24. AGENCY NAME
Enter appro-
priate letter(*)
19. EXISTING FEDERAL IDENTIFICATION NUMBER
0)
(3)
Reponse
attached
Responses to be forwarded upon receipt: Ica ❑
State Clearinghouse ❑ 0
❑ ❑
O. SIGNATURE c. DATE SIGNED
Year month day
26. ORGANIZATIONAL UNIT 127. ADMINISTRATIVE OFFICE
29. ADDRESS
31. ACTION TAKEN
O a. ATIARDED
O b. REJECfEO
O a RETURNED FOR
AMENDMENT
O d. DEFERRED
❑ a. WITHDRAWN
38.
FEDERAL AGENCY
A-95 ACTION
424-101
32.
a. FEDERAL
b. APPLICANT
e. STATE
d. LOCAL
a. LINER
f. TOTAL S
FUNDING
$
.00 33. ACTION DATE 19
.03
. 00
. 00
.00
. 00
Year month day
35. CONTACT FOR ADDITIONAL INFORMA-
TION (Name and telephone number)
s. In taking above action, any comment rewind from clearinghouses were con.
Were!. It agency response 1, due mode provisions et Pan 1. OMB Gralar A-95,
It his been or Is Ming made.
19
25. APPLICA. Year month day
TION
RECEIVED 19
28. FEDERAL APPLICATION
IDENTIFICATION
30. FEDERAL GRANT
IDENTIFICATION
34. Year month day
STARTING
DATE 19
35. Year month day
ENDING
DATE 19
37. REMARKS ADDED
0 Yes Olio
b. FEDERAL AGENCY A-95 OFFICIAL
(Name and telephone no.)
STANDARD FORM 424 PAGE 1 (10-75)
Prtaribrd by GSA. Federal Management Circe/or 74-7
DEFARTMEj1T OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION
OMB NO. BO-ROIB.
PART)I
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistonce request require State, local,
regional, or other priority rating?
Yes X
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Yes X
No
Nome of Governing Body
Priority Rating
Name of Agency or
Board
No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
X Yes
Item 4.
Does this assistance request require State, local,
regionol or other planning approval?
Yes X
Item 5.
Is the proposed project covered by an approved
comprehensive plan?
Yes X
(Attach Comments)
No Comments will be forwarded upon receipt.
Name of Approving Agency
Date
No
Check one: State
Local
Regional
No Location of plan
Item 6.
Will the assistance requested serve o Federal Name of Federal Installation
installation? Yes X No Federal Population benefiting from Project
Item•7.
Will the assistance requested be on Federal land
or installation?
Name of Federal Installation
Location of Federal Land
Yes X No Percent of Project
Item 8.
Will the assistance requested have an impact or effect
on the environment?
Yes X
Item 9.
Will the assistance requested cause the displacement of
individuals families, businesses, or farms?
No
Yes X No
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
Yes
X No
See instruction for additional information to be
provided.
Number of:
Individual s
Families
Businesses
Farms
See instructions for additional information to be
provided.
FAA Form 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
Poge 2
PART II — SECTION A
INSTRUCTIONS
er::
Negative answers will not require an explanation unless the
Federal agency requests more information at a -later date.
Provide supplementary data for all "Yes" answers in the
space provided in accordance with the following instruc-
tions. -
Item 1 — Provide the name of the governing body establish-
ing the priority -system and the priority rating assigned to
this project.
Item 2 — Provide the name of the agency or board which
issued the clearance and attach the documentation of status
or approval.
Item 3 — Attach the clearinghouse comments for the appli-
cation in accordance with the instructions contained in Of-
fice of Management and Budget Circular No. A-95. If com-
ments were submitted previously with a preapplication, do
not submit them again but any additional comments re-
ceived from the clearinghouse should be submitted with
this application = •
Item 4 — Furnish the name of the approving agency and the
approval date.
Item 5 — Show whether the approved comprehensive plan
is State, local or regional, or if none of these, explain the
•
scope of the plan. Give the location where the approved
plan is available for examination and state whether this
project is in conformance with the plan.
Item 6 — Show the Federal population residing or working
on the federal installation who will benefit from this
project. -
Item 7 — Show the percentage of the project work that will
be conducted on federally -owned or leased land. Give the
name of the Federal installation and its location.
Item 8 — Briefly describe the possible beneficial and/or
harmful impact on the environment because of the pro-
posed project. If an adverse environmental impact is antici-
pated, explain what action will be taken to minimize the
impact. Federal agencies will provide separate instructions
if additional data is needed.
Item 9 — State the number of individuals, families, busi-
nesses, or farms this project will displace. Federal agencies
will provide separate instructions if additional data is
needed.
Item 10 — Show the Federal Domestic Assistance Catalog
number, the program name, the type of assistance, the sta-
tus and amount of each project where there is related pre-
vious, pending, or anticipated assistance. Use additional
sheets, if needed.
•
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209
PART ll - SECTION C (SECTIONS OMITTED)
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
The sponsor has adopted a Drake Field Zoning Ordinance No. 2697 which regulates
and restricts all land use activities in the vicinity of Drake Field. This
ordinance was adopted January 20,'1980.
2. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern-
ment relative to the development, operation, or maintenance of any airport, except as stated herewith:
None.
3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to cam' out and complete the Pro ect or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, -except as fo lows:
None.
4. Land.—(a) The Sponsor holds the following property interest in the following area of land* which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions. encumbrances. and adverse interests,
MI of which areas are identified on the cc-- —' property map designated as Exhibit "A"
Sponsor owns fee simple title to the land shown as Tract "A" on Exhibit A. Title
approved under previous projects for Tract "A." Status of title has not changed since
approval.
Fee simple title to Tract "B" as shown on Exhibit "A" to be acquired under this project.
Satisfactory title will be submitted to the FAA for review and approval.
*State character of property interest in each area and list and identify for each all exceptions. encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3a
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART 11 - SECTION C (Continued)
OMB NO. 04-R0209
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that
such attorney or title company has determined that the Sponsor holds the above property interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project. the following property interest in the following areas of land* on which such construction work is to be performed.
all of which areas are identified on the aforementioned property map desigrsated as Exhibit "A":
None
(c) The Sponsor will acquire within a reasonable time. and if feasible prior to the completion of all construction work under
the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
None
5. Exclusive Rights.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the ponsor except as follows:
None
*State character of property interest in each area and list and identify for earl, all exceptions, encumbrances. and adverse interests
of every kind and nature. including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbersshownon the property map.
FAA Form 5100-100 (4-76)
Page 3b
DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No 20.106
2. Functional or Other Breakout
SECTION B - CALCULATION OF FEDERAL GRANT
Use only for revisions
Cost Classification
1. Administration expense (includes appraisals & legal
2. Preliminary expense
3. Land,structures, right-of-way
4. Architectural engineering basic fees
5. Other architectural engineering tees
6. Project inspection fees
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less. Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
20. Federal Share requested of Line 19
21. Add Rehabilitation Grants Requested (100 Percent)
22 Total Federal grant requested (Lines 20 & 21)
23. Grantee share
24. Other shares
25. Total project (Lines 22, 23 & 24)
FAA Form 5100.100 (6 77) SUPERSEDES FAA FORM
•
OMB NO. e0 -Role•
Total
Amount
Latest Approved Adjustment Required
Amount ♦ or (-)
$ $ 2,500
6100.10 PAGES 1 TMRU 7
77,500
80,000
80,000
80,000
72,000
- 0
72,000
4,000
4,000
$ 80,000
Page 4
•
•
'DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION
26
Classification
SECTION C — EXCLUSIONS
•
•
OMe NO. eGR01e•
Ineligible for E.c luded frorn
Portic ipation Contingency Provision
(1) (2)
S $
Totals $ $
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share
2R. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
$
4,000
4,000
4,000
$ 8,000
SECTION E — REMARKS
*Contingent upon approval of grant application to Arkansas Division of Aeronautics.
If state grant is not approved, the City's contribution will be $8,000.
The following is attached and incorporated herein:
1. Property map Exhibit "A"
2. URARPAPA Assurances
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Form 5100-100 (6-73) -SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
IAA AC 75-0232
Poge 5
INSTRUCTIONS
PROGRAM NARRATIVE
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2 o a
PART V
ASSURANCES
(Public Agency Sponsors of Development or Noise Program Projects)
A. GENERAL.
1. Theee aaauranoes shall be complied with in the performance of the following grant agreements:
Airport development and noise program implementation grants to airport sponsors.
2. Theee assurances are required to be submitted es part of the project application by sponsors requesting
funds under the provieione of the Airport and Airway improvement Aot of 1982 or the Aviation Safety and Noise
Abatement Aot of 1979. This set of aesuranoea includes only those assurances whioh are applicable to a sponsor
who is a public agency with control of a publio-use airport.
3. Deleted.
4. Upon acceptance of the grant offer by the sponsor, these aeauranoee are incorporated in and become part
of the grant agreement.
B. DURATION AND APPLICABILITY.
Airport Development or Noise Program Implementation Projects undertaken by a public agency (airport
sponsor). The terms, oonditions 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
program implementation project, or throughout the useful life of the project items installed within a facility
under a noise program implementation 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 epecified in
the assurance.
C. SPONSOR CERTIFICATION. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will oomply 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.
b.
0.
d.
e.
f.
g•
h.
i.
j.
k.
1.
m.
n.
o.
p.
q.
r.
e.
Federal Aviation Act of 1958 - 49 U.S.C. 1301, et mg.
Hatoh Act - 15 U.S.C. 1501 et Agl.
Federal Fair Labor Standards Act - 29 U.S.C. 201, et ewe .
Davis -Bacon Aot - 40 U.S.C. 276(a), et seg.
Uniform Relocation Assistance and Real Property Acquisition Policies Aot of 1970 - Titles II and
III, 42 U.S.C. 4621-4655.
National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
Archeological and Historic Preservation Act of 1961 - 16 O.S.C. 461, et ssa.
Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4001, note.
Rehabilitation Act of 1973 - 29 U.S.C. 794.
Civil Rights Aot of 1964 •- Title VI - 42 U.S.C. 2000d, et ewe .
Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seg.
Age Discrimination Act of 1975 - 42 U.S.C. 6101, et pew.
Architectural Barriers Act of 1968 - 42 U.S.C. 4151 et seq.
Airport and Airway Improvement Act of 1982 - 49 U.S.C. 2201 et sem.
Powerplant and Industrial Fuel Use Act of 1978 - Section 403 42 U.S.C. 8373.
Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et deg.
Copeland Kickback Act - 18 U.S.C. 874.
National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sem.
Endangered Species Act - 16 U.S.C. 668(a), et SSe .
Executive Orders.
Executive Order 12372, Intergovernmental Review of Federal
Federal Regulations.
a. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of
- Effectuation of Title VI of the Civil Rights Aot of 1964.
Programa.
Transportation
b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation
Programs.
FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor
Page 6
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d. For noise program implementation projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provlalone specified by the Seoretary.
It will take steps to enforce this agreement against the property owner whenever there is substantial
noncompliance with the terms of the agreement.
e. Deleted.
f. If an arrangement is made for management and operatton 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
Aot of 1982, the regulations and the terms, condition 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 oonaietent with plane (existing at the time of
submission of this application) of public agencies that are authorized by the state in which the project La
located to plan for the development of the area surrounding the airport. Por noise program implementation
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 oontrol or authority, the sponsor shall obtain from each such agency
a written declaration that such agency supporta the project and the project 1e 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 the project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway
extension, St has afforded the opportunity for publio hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with the goals and
objectives of such planning as has been carried out by the community. It shall, when requested by the
Secretary, submit a copy of the transcript of such hearings to the Secretary.
10. Air and Water Quality 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
Proteotion Agency, certification shall be obtained from such Administrator. Notice of certification or refusal
to certify shall be provided within sixty days after the project applioation has been received by the Secretary.
11. Deleted. -.
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 by 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 recordsshall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the U.S. General Accounting
Office publication entitled Guidelines for Financial and Compliance Audits of Federally Assisted Programs.
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 oopy of such audit with the Comptroller General of
the United States not later than 6 months following the close of the fisoal•year for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of 52,000 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 bide for the work.
FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 8
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o. 49 CFR Part 25 - Relocation Assistance and Land Acquisition for federal and Federally Assisted
Programs.
d. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.
e. 29 CFR Part 3 - Contractors or Suboontraotors on Public Buildings or Public Works Financed in Whole
or Part by Loans or Grants from U.S.
f. 29 CFR Part 5 - Labor Standards Provisions Applioable to Contracts Covering Federally Financed and
Assisted Construction.
g•
Benefiting
49CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programa and Activities Receiving or
from Federal Financial Assistance.
h. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and Federally -assisted Contracting Requirements).
i. 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.
- b. A-102 - Uniform Requirements for Assistance to State and Local Governments.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
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.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project oosts 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. 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.
For noise program implementation 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 program implementation 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 Lound
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. Por all noise program implementation 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 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 program implementation project. That agreement and changes
thereto must be satisfactory to the Secretary It will take steps to enforce this agreement against the local
government if there is substantial noncompliance with the terms of the agreement.
D
FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 7
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1 11 H r ' '1 1
111'11 I I I 11
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15. Veterans Preterenoe. It shall include, in all contracts for work on any projects funded under the grant
agreement which involve labor, auoh proviaione as are necessary to insure that, in the employment of labor
(except in executive, admininetrative, and supervisory positions), preference shall be given to veterans of the
Vietnam era and disabled veterans as defined in Section 515(0)(1) and (2) of the Airport and Airway Improvement
Sot of 1982. However, this preference ahall apply only where the individuals are available and qua)ified to
perform the work to whioh the employment relates.
16. Conformity to Plane and Specifications. It will exeoute the project subject to plana, specifications,
and schedules approved by the Secretary. Such plans, specifications, end schedules shall be submitted to the
Secretary prior to oommenoement of site preparation, oonstruotion, or other performanoe under this grant
agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any
modifications to the approved plane, specifications, and schedules shall also be subject to approval by the
Secretary and inoorporation into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at
the construction site throughout the project to assure that the work conforms 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 preaoribed 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. Deleted.
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. 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 oondition 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 tor—
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary
conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
- Nothing contained herein shall be construed to require that the airport be operated for aeronautical
use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and
maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or
replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or
other condition or circumstance beyond the oontrol of the sponsor.
b. It will suitably operate and maintain noise program implementation items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the
airport by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or oreation of future airport hazards.
21. Compatible Land Ilse. It will take appropriate action, including the adoption of zoning laws, to the
extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to
activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.
In addition, if the project is for noise program implementation, it will not cause or permit any change in land
use, within its jurisdication, that will reduce the compatibility, with respect to the airport, of the noise
oompatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimation.
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 provision requiring the
contractor --
FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 9
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(1) To furnish said services on a fair, equal, end not unjustly dieoriminatory beide to all users
thereof, and
(2) To charge Lair, reasonable, and not unjustly disoriminatory prion for each unit or service,
provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or
other similar types of prioe reductions to volume purchasers.
0. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates,
fees, rentals, and other chargee aa are uniformly applicable to all other fixed -based operators making the same
or similar uses of such airport and utilizing the same or similar faoilitiea.
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 tieing such airport (whether as a tenant, nontenaht, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,
oonditions, rates, fees, rentals, and other charges 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 oombined passenger and cargo flights or all -cargo flights. Classification or status
as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on tenant air carriers.
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.
1. 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: (1) It would be unreasonably costly, burdensome, or impractical for more
than one fixed -based operator to provide such aervices, and (2) If allowing more than one fixed -based operator
to provide such services would require the reduction of apace leased pursuant to an existing agreement between
such single fixed -based operator and such airport.
It further agrees 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 oontrolled 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 Assurances 22 and
23, for the facilities and aervices being provided the airport users which will make the airport as
self-sustaining as possible under the circumstances existing at that particular airport, taking into account
such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport
development, airport planning or noise oompatibility project for which a grant is made under the Airport and
Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall
De 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 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 related
to the actual transportation of passengers or property. Provided, however, that if convenanta or assurances in
debt obligations previously issued by the owner or operator of the airport, or provisions in governing statutes
controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner
or operator's facilities, including the airport, to support not only the airport but also the airport owner or
operator's general debt obligations or other facilities, then this limitation on the use of all revenues
generated by the airport shall not apply.
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26. Reports and Inspections. It will submit to the Secretary auoh annual or special finanoial and
operations reports as the Secretary may reasonably request. Por airport development and airport planning
projects, it will also make the airport and all airport records and documents affecting the airport, including
deeds, leasee, operation and use agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request. For noise program implementation projects, it
will also make records and documents relating to the project and continued oompltanee 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 the taoilities 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, oharge 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
oalendar 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 aocumulative weight of government aircraft using the airport (the total movements of
government aircraft multiplied by gross weights of auoh aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without coat 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 portionthereof will be made
available as provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan. 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 purposed 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 sponsor will not make or permit any
changes or alterations in the airport or in any of its facilities other than in conformity with the airport
layout plan as so approved by the Secretary if such ohanges or alteration might adversely affect the safety,
utility, or efficiency of the airport.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the
grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor
for the period during which Federal financial assistance is extended to the program, except where the Federal
financial assistance is to provide, or is in the form of personal property or real property or interest therein
or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for
the longer of the following periods: (a) the period during which the property is used for a purpose for which
Federal financial assistance is extended, or for another purpose involving the provision of similar services or
benefits or (b) the period during which the sponsor retains ownership or possession of the property.
FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 11