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HomeMy WebLinkAbout168-91 RESOLUTIONRESOLUTION NO. 168-91 A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION FOR $2,449,239 KNOWN AS AIP 3-05-0020-15, WITH A 1991 FISCAL FEDERAL OBLIGATION OF $1,714,703 AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT $1,905.226. • • • • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute Federal Grant Agreement #3-05- 0020-15 in the amount of $2,449,239, with a 1991 fiscal Federal Obligation of $1,714,703. A copy of the grant agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the Board of Directors hereby approves a budget adjustment in the amount of $1,905,226 to the Land & Easement Aquisition AIP #3-05-0020-15, Acct. No. 555-393-7-820.07, by reducing Multi -Year Grant AIP #14, Acct. No. 555-393-7-820.03 by $1,745,500, Land & Easement AIP #13, Acct. No. 555-393-7-820.05 by $76,620 and Fund Balance, Acct. No. 555-000-1-800.99 by $83,106. A copy of the budget adjustment authorized for execution is attached hereto and made a part hereof. PASSED AND APPROVED this 17th day of September , 1991. ATTEST: By: z City Cl./ k s APPROVED: B Mayor • • GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART 1 -OFFER Date of Offer: SEP 0 4 1991 Project No. 3-05-0020-15 Airport: Drake Field Contract No. DOT FA 91 SW 8287 TO: 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 29, 1991, 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 (fee simple title to Tracts C, E and H and avigation easements to Tracts D, F and G as shown on property map Exhibit "A-1", or other property interests satisfactory to the Administrator) for Runway 16/34 approach and transitional area protection/obstruction removal all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. WHEREAS, this project will not be completed during Fiscal Year 1991 and the total estimated cost of completion will be $2,721,377, of which the Federal share is $2,449,239. FM Form 5100-37 (2-88) Develo{mmnt or Noise Program Page 1 of 6 Pages • • • • • • NOW THEREFORE, pursuant to and for the purpose of carrying out the • provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percentum of all allowable project 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 $1,714,703. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with there terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part. of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1991, or such subsequent date as may be prescribed in writing by the FAA. FM For. 5100-37 (2/88) DeveL1—,t or Moise Progrn Page 2 of 6 Pages • • • • • 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 tern "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 judgement, to the Secretary. It shall furnish to the Secretary upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. 10. The sponsor agrees to request cash drawdowns on the authorized letter of credit only as and when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 11. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A" and Exhibit "A-1", attached to the Application for Federal Assistance attached hereto. FAA Form 5100-37 (2/88) Development or Noise Program Page 3 of 6 Pages • • • • • • 12. "The maximum obligation for the current fiscal year stated in Condition 1 of this agreement may be increased by the additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United State's share of the total estimated cost of completion, except as provided in section 512(b) of the Airport and Airway Improvement Act of 1982. Under section 512(a) of the Act, as amended, and at the sponsor's request, the FAA commits the United States to obligate an additional amount to this project for payment of its share of the cost, in accordance with the terms hereof. This additional amount will include all or part of the funds apportioned to the sponsor for FY(s) 1991 and 1992 under section 507(a)(1) of said Act, subject to the restriction on the use of such apportionments now or hereafter imposed on FAA by Appropriations Acts now or hereafter enacted, or by any other statute or regulation. It is further understood by the parties that this commitment does not in itself obligate, preclude, or restrict the FAA in the use of any funds made available for discretionary use under Section 507 of said Act to further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. The exact amount of this commitment will be established for each fiscal year by the FAA in a letter to the sponsor stating the current maximum obligation for this project. This letter will be issued to the sponsor by FAA when such computation and obligation can be made in FY 1992. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into, and part of, this agreement." 13. The Sponsor agrees that all program income produced from real property purchased in part with Federal funds in this grant received during the grant period shall be deducted from the total cost of that project for determining the net costs on which the maximum United States' obligation will be based. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. FAA Fors 5100-37 (2-88) Development or Noise Program Page 4 of 6 Pages • • • • The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA ERAL AVIATION ADMINISTRATION hair16`f Manager. Airports Division Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 17th day of September (SEAL) • 19 91 • CITY OF FAYETTEVILLE, ARKANSAS (Nme of Spawn) Title MAYOR Attest: .4). . S Title: CITY CLERK FM Fora 5100-37 (2-08) Development or Noise Program Page 5 of 5 Pages CERTIFICATE OF SPONSOR'S ATTORNEY 1, 4L Cy it 0. i1ti1atty , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Arkansac . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at city Hall this 17th day of September 1991 e ida,6 tornepA4 FAA Form 5100-37 (2-68) Development or Noise Program Page 6 of 6 Pages • CITY OF FAYETTEVILLE, ARKANSAS IN -YEAR BUDGET ADJUSTMENT ADJUSTMENT # BUDGET YEAR 1991 DEPT: Airport DIV : PROG: 393 Capital DATE REQUESTED 9/12/91 INCREASE ACCOUNT TITLE PROJECT OR ITEM REQUESTED: Land & Easement Acquisition Land & Easement Acquisition Funds. This is a 90% federally funded project with 1 108 AIP #3-05-0020-15 Local match. Of that 10%, 5% will be requested from the State of Arkansas Department of Aeronautics, leaving the ACCOUNT NUMBER total expense to the City at $95,261. JUSTIFICATION OF THIS INCREASE Acquisition is necessary to adhere to FAR Part 77 regulations regarding obstructions. Most of the funding was budgeted under different Grant projects in 1990 for 1991. Staff did not know how FAA would prioritize projects at that time. The rest of the funding will be moved from fund balance (the City pnrtinn is antiripatad to hp S'4.1551 PROJECT OR ITEM DELETED:. Move funds from south end safety area project &obstruction' removal that were included in the Multi -Year AIP #14 Grant; Land & Ease- ment funds were surrendered from AIP #13 and re -allocates to the new project; the remainder of funds, $83,106 (the City portion anticipated to be $4,155) will be moved from fund hatanra JUSTIFICATION OF THIS DECREASE The safety area on AIP #14 came in overbudget due to construction type and the project was postponed at this time by FAA. The AIP #13 Grant was surrendered due to the amount of funds necessary to acquire porperties, (ecomomies of scale will make including those porperties in this grant more cost effective). 555-393-7-820.07 AMOUNT $1,905,226 DECREASE ACCOUNT IIAN E Number 555-393-7-820.03 $1,745,500 555-393-7-820.05 $76,620 555-000-1-800.99 $83,106 • ACCOUNT MOM= Title Multi -Year Grant AIP #14 Land & Easement AIP #13 Fund Balance AMOUNT Total: 1,905,226 REQUESTED BY: BUDGET COORDIN DEPARTMENT DIRECTOR: DATE BUDGET OFFICE USE ONLY DATE OF APPROVAL Date 4„\ 94Z-7/Entered 4121772, 65/ Posted AD IN. SERVICES DIR: nn l,Vlo 1,. 4-icreil Type: TN( CITY AGER: r/ 7 A B Total program C D E adjustments to date: APPLICATION FOR • ' FEDERAL ASSISTANCE OMS Approval No. 03AS-0647 L DATE suwRTtW August 29, 1991 Aodeant el.O/ir F4912-1-710 1. reef or mUWeslprt AKA:~ ❑ Caneencfion Xf7 Prnnaolica•on ❑ CcastrUCnOn ❑ Noe-Cce rn cn°n L DAT! RtC IVW 11 STATE State APO:Catet Nonnier A DATE na iYn 1V IMINI ANA AOOKT Fn..t tdrltdie 3-05-0020-15 1 Af•UCAMt W CRMATION • UAW Nan City of Fayetteville Opanwtomium, City of Fayetteville (Fayetteville Municipal Airport) Atldr•Y (pry of County. aeK. x: LO COS) 113 West Mountain Street Fayetteville, AR 72701 County: Washington Mane and t•rstrw rhllnt t d tM peace to b. wn.uid On maniere awvlrm0 this roolcata, (par ales LCda) Dale Frederick, Airport Manager 501-521-4750 a 130‘0711.11IO€MTICA.T) ON NtSSII MINI: �7 1 — 6 0 1 [8 4 6 2 O . TVP! Or AFnJCATn4 XXX u Ha• 0 CCOMIN een 0 Revisionte •m ✓ /flee. anDDpri• a lemer(s) et Da(n): 0 0 A Wass Awed I. Devoe, Assisi C. 'ecru's= Dumeen D. Deese Masten Other (aoeatet 7. Tart Of APPLICANT: Mew aoaoonal• J•tM w Dot) A Seta M. Ireleone4ent Screed Die. I. Counts L State Conue•ed Mnnmen el lite Laming • SNaAtiPal J. Pane Unne it7 D. Torre) K rdi•n Trite E Mena • l Miwduel F. •haste, -. u. Hole Oopenutaticei O. Sold Dont K Is (50•01y): L NAW! OP Pln01M aaesct. COT, FAA SW Region, Ft. Worth, TX ,a CATLLOO OP POSRAL DOSES= 12 I 0 I ASMMStAMC! NIMtUR • 1 0 6 T(Tt>E Airport Improvement Program (AIP) 1L AR4s NFOCTEDIt MQJIC7 (CISL talent stai . ecf Washington county . Affected cities: Greenland and Faeytteville 11. O 2 WINE TITLE Or seeuc INTI MO.Ita: FAR Part 77:.Land Acquisition and Relocation Assistance and Avigation Easements 12. POMPOM POO ICT: 14. 02NO•071,ONAL 011T•ICT7 OP. Stan D•e 9-15-91 Ending Dau 9-15-93 • *Doe MN 3rd District 3rd District ts. QIMIATn MasOnNo: a. F•der& I AC 2,449,239 0. ADONtartt S J)0 272,138 e Sue S .00 t Leal s .00 • Otte S m n. a APPLICATOR WOJICT TO atMM h STAT! Ocrcunn 410/1111171 mass/ a TES THIS PREAPPUC ATgWAPILCATIDN WAS WADE AVALMLE TO T)4 STATE EXECUTIVE ORDER 12372 FNOCES$ FOR REVIEW ON. DATE 8-91 Review in process O NO. 0 PROGRAMA ISNOT COVERED to EO 12372 0 DR PROGRIA MILS MDT SEEN SELECTED IN STATE FOR REVIEW r. In pen Weans S d0 p TOTAL ! 2,721,377 m 17. ■ LME APIUCYR DEURCNOft ON tilt PWOIAL OMIT .a Tia • ! 1'.•.• rat s sOONI•tier. X}0 NO IL 70 no MST OV w nsOwt10011 aa.O st110. ALL OAT. N TMrs •••UCATIC•LOStAPIUCATC•1 AIK MC Ydl O ntscr. Tn OOWAIERT NY Ia11 RAV "Tarn OOVOIMNq IMMO, HN *MORIN ANO TMt AMUCJMt will 00•r•tr irwive AnAC C AI vine s p 1M ASOSTAMC_ r AWA•Ote s. Tweet Wine st Arewu.d R.7_N•t_. Scott C. Linebaugh ▪ boretwr _ N.. bit. City ManacLer Authorized for Local Reproduction c Tear* Naar 501-575-Rll( •Dm Sena 8-29-91 1.4"311.11424 i tv A.1.1 Imucneed a OA18 C cJa• 1.102 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A OMB NO. 80-ROu Item 1. Does this ossistonce request require State, local, regional, or other priority rating? Yes XX No Name of Governing Body Priority Rating Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board • Yes XX No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? XX Yes No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes XX No Name of Approving Agency Dote Item 5. Is the proposed project covered by an approved comprehensive plan? Yes XX Check one: State Local Regional No Location of plan n rl Item 6. Will the assistance requested serve a Federal installation? Yes XX Name of Federal Installation No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land or installation? Yes xx Name of Federal Installation Location of Federal Land No Percent of Project Item 8. Will the assistance requested have an impact or effect on the environment? Yes XX No See instruction for additional information to be provided. Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or farms? XX Yes No Number of: Individual s Families Businesses Farms 125 52 5 0 Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes XX No See instructions for additional information to be provided. FAA Form 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 • DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 04.210209 PART II - SECTIOtN C (SECTION B 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 Drake Field Ordinance_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 carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise. except as follows: None 4. Land. -(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the .Airport, subject to the following exceptions. encumbrances, and adverse interests. all n( which areas are identified on the aforementioned property map designated as Exhibit "A": Sponsor holds Fee Simple Title to Tract A and Easement to Tract B as shown on attached Exhibit "A" property map dated June, 1991. Titles to the above tracts have been approved under previous FAA projects, and the status of these titles has not changed since approved. *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 t'461 Page 3a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II - 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 designated as Exhibit "A": None (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land` which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A 1 : Tracts C, D•, E, F, G and H. • Tracts to be acquired / Fee Simple: Cr E, and H Tracts consisting of easement acquisition: .D, F and G Avigation easements to Tracts J and K are to be acquired under AIP - 11 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 Sponsor except as follows: None *.�1alr eharartrr of property interest at each urea and of even. kind and nature, inebidine h.ns, easements. area numbers shown on the property mop. FAA Form 5100-100 (4.76) Ito and ober lily for each all except ens. encumhranres, and adverse interests (rases. etc. The separate areas of fund need only he identified here by the Page 3b FAA AC 81.06913 1 OMS NO. Sago e• DEPARTMENT OF TRANSYV ti 1 A I I VN.- r e..... A. •o • •.,•.a..•••inlay •... i ION PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20.106 (MP) by Parcel See attached Cost Allocation SECTION B — CALCULATION OF FEDERALGRANT Cast Clessfkat ion Use enly rot COWS 1011S Tafel Amount Required Latest Approved Amount Ad iustment f• Or (-) 1. Administration expense S 8,000 S S 8,000 Selecciuii Piof. ezvlces 2. Preliminary expense Reloc. Paln/Procedure Man. 70,601 70,601 3. Land,structures, right-of-way 1,056,176 1,056,176 4. Architectural engineering basic fees/Acquisition Consult 140,000 140,000 5. Other architectural engineering fees /Survey Consult. 42,373 42,373 6. Project inspection fees 9,123 9,123 7. Land development ___ --- 8. Relocation Expenses 143,000 143,000 9. Relocation payments to individuals and Businesses 934,000 934,000 10. Demolition and removal 228,983 228,983 11. Construction and project improvement 12. Equipment --- --- 13. Miscellaneous 2,632,256 2,632,256 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 2.2% 89,12 89,121 19. Total Project Amt. (Excluding Rehabilitation Grants) 2,721,37 2,721,377 20. Federal Share requested of Line 19 2,449,23* ' .. 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20821) 90% 2,449,236 2,449,239 23. Grantee share 272,13: 24. Other shares 25. Total project (Lines 22,23824) S 2,721,37 $ S 2,721,377 _ - ___ - __--- - P,r•e ! FAA Farm SI00-100 (6 75) SUPERSEDES FAA FORM 5100- Owe NO. ep•RO. Uerwr.Imam ..r nwa.a..........—.. - ..--. SECTION C - EXCLUSIONS Classification 26 Ineligible for Participation U Excluded from Contingency Provision C2� a . S S b. c. . d. e. r. Torah Ps S S SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S 272,138 Capital Improvements; O/M Budget a. Securities 272,138 b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies I. Non Cash g. Other (Explain) h. TOTAL — Grantee share 2R. Other Shares a. State b. Other • c. Total Other Shares. 29. TOTAL s 272,138 SECTION E - REMARKS The following documents are attached hereto and incorperated herein: 1. Property map (Exhibit A) dated June, 1991 2. Property maps (Exhibit Al) dated April 1991 . 3. Part V Assurances - PART IV PROGRAM NARRATIVE (Attach — See Instructions) ' FAA Form 5100.100 16-771 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PAA AC 75-022235 age PART V ASSURANCES (Public Agency Sponsors of Development or Noise Prograa Projects) A.. GENERAL. 1. These assurances shell be complied with in the performance of the follevige great agreements: Airport development and noise competibtlitl program grants to airport sponsors. 2. These assurances ere required to be submitted es part of the proje.t application ication by 'bonthe Alre requtesting funds under the provisions of to Airport and Alrvay Improvement Act of 1922, pp Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety ani Noise Abetment Act of 19-0. This set of assurances includes only those assurances vhich ere applicable to a sponsor who 1s s public agency with control of • public -use airport. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agement. R. DURATION AND APPLICARILITI. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Aganc7 Sponsor. The tens, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilitiee developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within s facility under • noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a gent offer of federal funds for the project. However, then shell be no limit on the duration of the assurance spiral funds. f rights rm or the iduntionconditions. the Civil Right assurances assurance sheerespect be as specified tin the assurance. acquired with Federal funds. furthermore. C. SPONSOR CERTIFICATION. The sponsor hereby assures and certifies, with aspect to this grant that: 1. General Federal Requirements. It will comply with ell 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: Peden] Legielation a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et seg. b. Davis -Bacon Act - 40 U.S.C. 276(a). et sem. c. Federal Fair Labor Standards Act of 1938 - 29 U.S.C. 201 et sem. d. Hatch Act - 5 U.S.C. 1501, et an. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et nes. f. motional Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). g. Archeological Act of 197A - 16 .C. and through h. Flood Disaster Protection Aet ofPreservation 1 5 9 973 - Section 102(a) - 42U.S.C64012a. 469C. 1. Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 - Title YI - 42 U.S.C. 2000d through d-4. k. Aviation Safety and Noise Abatement Act of 1979. 49 U.S.C. 2101. et seg. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101. et seg. m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et beg. n. Airport and Airway Improvement Act of 1982, as amended - 49 U.S.C. 2201, et ss. o. Powerplant and Industrial Mel Use Act of 1978 - Section 403 - 2 U.S.C. 8373. p. Contract York Hours and Safety Standards Act - 40 U.S.C. 327, et eek. q. Copeland Antikickbeck Aet - 18 U.S.C. 874. r. National Environmental Policy Aet of 1969 - 42 U.S.C. 4321, et sem. e. Endangered Species Act - 16 U.S.C. 668(e), et sem. t. Single Audit Act of 1984 - 31 U.S.C. 7501 et leg. u. Drug -Free Workplace Act of 1988 - 41 U.s.C.TOlttbrough 706. Executive 0rdere. Executive Order 12372, Intergovernmental Review of Federal Programs Executive Order 11246 - Equal 9pleyment Opportunity Federal Regulations. Grants and Cooperative Agreements to State a. 49 CPR Pert 18 - Uniform Adminietretive Requirements for and Local dove nmente. CFR Part 21 - Nondiscrimination in Federally-Aseietd Programs of the Department of - Iffectuation of Title PI of the Civil Rights Act of 1964. b. 49 Transportation FAA Pon 5100-100 (11-89) Development or Noise Program - Public Sponsor Page 6 1 • • • c. A9 CPR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programa. d. 49 CPR Part 24 - Uniform Relocation Aesietance and Real Property Acquisition and Federally assisted Programs. e. 49 CPR Part 27 - Ron -Discrimination on the Basis of Handicap in Program and Benefiting from Federal Financial Assistance. f. 49 CFR Part 29 - Debarments Suspensions and Voluntary Exclusions. g. 49 CFR Part 30 - Denial of Public Yorks Contracts to Suppliers of Goode and Services of Countries That Deny Procurement Market Access to U.S. Contractors. h. 29 CPR Part 1 - Procedures for Predetermination of Wage Rates. 1. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U 3 j. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. k. 41 CPR Part 60 - Office of Federal Contract Compliance Programs, Equal Bmploysent Opportunity, Department of Labor (Federal and federally -assisted Contracting Requirements). 1. 14 CPR Pert 150 - Airport Noise CompatIb111t7 Planning. Regulation for Federal Activities Receiving or Office of Management and Budget Circulars. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. A-128 - Audita of State and Local Governments. a. b. Specific assurances required to be included in grant agreements by any of the above lams, regulations or circulars ere 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 end carry out the proposed project; that a resolution, motion or similar action bas been duly adopted or passed as an official act of the applicant's governing body authorising the filing of the application, including all understandings and assurances contained therein, aro directing and authorising 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 costa which ere not to be paid by the United States. It has sufficient funds available to assure opsretion and maintenance of items funded under the grant agreement which it .111 own or control. 4. Good Title. a. It bolds good title. satisfactory to the Secretary, to the landing arse of the airport or site thereof, or .111 gin assurance satisfactory to the Secretary that good title .ill be acquired. b. Por noise eempetibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title mill be obtained. 5. Preserving Rights and Power. a. It will not take or permit any motion which mould operate to deprive it of any of the rights and poem necessary to perform any or ell of the tens, conditions, and Assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify sty outstanding rights or claims of right of others which would interfere with much performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It .ill not sell, lease, encumber or otherwise transfer or dispose of any pert of its title or other progrem at ore on the he propy shown vp nn.hicbExhibit Federl funds haveapplication been expended, fornoise the duration of the terms,project, that portions,of the property urte 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 fe1982to ctory sumeath eoblthe obligations of the grant agreement and to have the power, authority, and financial obligations, the sponsor shall insert in the contract or document m transferringor ee contained thof the nsor'sfe interest. amake binding upon the transferee. all of the terms, conditions, and di flat agreement. FAA Pon 5100-100 (11-09) Development or Noise Program - Public Sponsor Page 7 1 • 4- • c. Por all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by • unit of local government other than the sponsor, It will anter into an agreement with that government. Except as othervise specified by the Secretary, that agreement shall obligate that government to the same term, conditions, and assurance@ that would be applicable to it if it applied directly to the FAA for • gent to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial noncompliance with the terns of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into en 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 oencosplience with the terse of the agreement. e. Delated. f. If an arrangeseot is side for management and operation of the airport by any agency or person ether than the sponsor or an employes of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will he operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the gent agreement mad shell insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plane. The project is reasonably consistent vitb plans (existing at the time of submission of this application) of public agencies that are authorised 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 then land acquisition, to be carried out on property not owned by the airport and over which property another public agency les land use control or authority, the sponsor shall obtain from each such agency a written declaretion that such agency supports that project and the project 1s reasonably consistent with the agency's plane 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 ie proposed. 9. Public Hearings. In projects involving the location of an airport, am airport runway, or a major runway extension. it bas afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with the goals end objective@ of such planning as has been carried out by the community. It shell, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. 10.. Air and Yater Quality Standards. In projects involving airport location, a major runvey extension, or runway location it will provide for the Governor of the stets in which the projectis located tcertify c inply 'mitt'to the Secretary that the project will be located, designed, constructed, and operated so as to with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty deye after the project application hes been received by the Secretary. 11. Local Approval. In projects involving the construction or extension of any runway et 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 ell villages incorporated under the laws of that state which are located entirely within five mile@ of the nearest boundary of the airport. 12. Terminal Development Prerequisites. For projects which include terminsl development at a public airport, it has, on the date of submittal of the project gent application, ell the safety equipment required for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning 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 gent 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 •ffsctive audit in accordance with the Single Audit Act of 1984. FAA Porn 5100-100 (11-89) Development or Noias Program - Public Sponsor Page 8 1 b. It shell sake available to the Secretary and the Comptroller General of the United States, or any of their duly authorised representatives, for the purpose of audit and examination, any books. documents, popes, and records of the recipient that are pertinent to the gent. The Secretary may require that an appropriate audit be conducted by • recipient. In any case in which an independent audit is made of the accounts of • sponsor relating to the disposition of the proceeds of • grant or slating to the project in connection with which the gent vas given or used, it shell 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 vas sada. 14. Minimum Wage Mates. It shall include, in all contracts establiss shing f $2n� for work kt n any , projects funded under the gent agnernt which involve labor. p ng predetermined by the Secretary of Labor. in accordance with the Davis -Bacon Act, se amended (40 U.S.C. 276.--276a-5). which contractors shell pay to skilled end unskilled labor. and such minimus rates shell be stated in the invitation for bids and shall be included in proposals er bide for the work. 15. veterans Preference. It shall include, in ell contracts for work on any projects funded under the gent agreement which involve labor, such provisions as are necessary to Insure that, in the esployaent of labor (except in executive. administrative, and supervisory positions), preference shall be given to veterans of the Vietnam ere and disabled veterans is defined in Section 515(c)(1) and (2) of the Airport and Airway Lprovnent Act of 1982. However. this preference shall apply only where the individuals are available and qualified to perform the nark to which the employment relates. 16. Confonity to Plans and Specifications. It sill execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, er other performance under this grant agreement, and, upon approval by the Secretary, shell be incorporated into this gent agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the gnat agreement. 11. Construction Inspection and Approval. It rill 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 y 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 std procedures prescribed by the Secretary. Such regulation. and procedures shall squire such cost and progress reporting by the sponsor or sponsors of such project a. 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. Any proposal to temporarily close the airport for oonaennautical purposes suet first be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical user. of the airport. other than (sanitise owned or controlled by the United States, shall be operated at all times in • safe and serviceable condition and in accordance with the minimus stendsrda as may be squired or prescribed by applicable Federal, state, sod local agencies for maintenance and operation. It will not cense or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this ...urine., the sponsor .111 have in effect at all times arrangements for -- (1) Operating the airport's aeronautical facilities whenever squired; (2) Promptly marking and lighting boards resulting from airport condition, including t..porsry conditions; and (3) Promptly notifying airmen of any 000dition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temperery periods when snow, flood, or other cliastie conditions interfere with such operettas and maintenance. Purtbsr, nothing herein shall be construed as requiring the maintenance, repair, reiteration, or replacement of any structure or facility which 1r subetantislly damaged or destroyed due to an net of God or other condition or circumstance beyond the control of the sponsor. b. It rill suitably operate and maintain noise compatibility program items that it erne or controls upon toll Federal fund. have been expended. 20. M.nrd lemma and Mitigation. It .all take appropriate action to assure that such terminal airspace as is required to protect instrument and winged operstiona to the airport (including established minimua flight altitudes) w111 be adequately cleared and protected by removing, lowering, relocating, marking. or lighting or otherwise mstipting erieting airport hasards and by preventing the establishment or creation of future airport hemaeda. PAA Perm 5100-100 (11-89) Development or Noise Program - Public Sponsor Page 9 1 • • • • • 21. Compatible Land Use. It .111 take appropriate action, including the adaption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use. within its jurisdiction, that will reduce the compatibility, with newt total* airport, of the noise compatibility program measures upon which Federal funds have been expanded. 22. Ebonomic Nondiscrimination. -a. It will make its airport available as an airport for public -use on fair and reasonable tens and without unjust discrimination, to all types, kinds, and elaaase of aeronautical uses. b. In any agnaa.nt, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person. fin, or corporation to conduct or flan,* 1n 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 bawls 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 volae purchasers. c. Fath fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the ease or sisilar uses of such airport and utilizing the arms or similar facilities. d. Each air carrier using such airport shell have the right to service itself or to use any fixed -based operator that 1a authorised or permitted by the airport to serve any sir carrier at such airport. e. Each air carrier using such airport (whether as • tenant, nootenant, 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 sir transportation as are applicable to .11 such air carriers which make similar use of such airport and which utilise similar facilities, subject to reasonable classifications such as tenants or nentenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an sir carrier assumes obligations substantially similar to those alresdy imposed on air carriers in such classifications or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, fin, 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) thst 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 .ill be provided on the same conditions es would apply to the furnishing of such eerrioes by contactors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be set by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor say 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. 25. Exclusive Rights. It .111 permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. Por purposes of this paragraph, the providing of onices at an airport by s single fixed -based operator shall not be construed as an exclusive right 1f both of the following apply: (1) It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and (2) If allowing sore than one fixed -based operator to provide such err -vices would require the reduction of spree leased pursuant to an existing armament between such single fixed -based operator and such airport. It further egress that it rill not, either directly or indirectly, grant or permit any person, firm or corporation the exclusio 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 nand sightseeing, serial photography. crop dusting, aerial advertising and surveying. air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not oondueted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and ray other activities which becanas of their direct relationship to the operation of aircraft can be regarded as em seronautioal activity, grad that it will terminate any exclusive rigbt to conduct an aeronautical activity now flirting at 'nab an airport before the grant of any assistance under the Airport and Airvay Improveaent Act of 1982. PIA Pon 5100-100 (11-89) Development or Noise Progras - Public Sponsor Page 10 1 24. Pee and Rental Structure. It will maintain • fee and rental structure consistent with Assurances 22 and 23, for the facilities end services being provided the airport users which will make the airport as salt -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 compatibility project for which a gent 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 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 • public agency, all revenues generated by the sirpert ind any local taxes on aviation fuel established after December 30, 1957. will be expended to it for the capital or operating costa 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 subntsntielly elated to the actual air transportation of passengers or property: or for noise litigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1952 by the owner or operator of the airport, or provisions enacted before September 3. 1952, 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 ,:.port owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by tbe airport (and, in the cart of a public airport, local taxes on aviation fuel) shall not apply. 26. Report, end Inspections. It will submit to the Secretary such annual or special financial and operations reports ae the Secretary may reasonably request. Por airport development projects, it will also make the airport and all airport records and documents affecting the airport, including. deeds, 1 , operation and use agreements, regulations and other instruments, available for inspection by any duly authorised agent of the Secretary upon reasonable request. Por noise ompetibility program projects, it will oleo make records and documetts relating to the project and continued compliance with the tens, conditions, and assurances of the gent agreement including deeds. 1 , agreements, regulations, and other instruments, available for inspection by any duly authorised agent of the Secretary upon reasonable request. 27. Use of Government Aircraft. It will make available ell of the facilities of tbe 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 • reasonable share, proportional to such use, for the Dost of operating and nintsining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of en airport by government oei aircrafttha will be considered to exist when operations of such aircraft are in excess of those which, the during any Secretary, vould unduly interfere with use of the landing areae by other authorised aircraft,y calendar month that -- e. Five (5) or more government aircraft ars regularly based at the airport or on land adjacent thereto; or • b. The total number of movements (counting each landing es s movement) of government eircreft is 300 or more. or tbe groes aceumuletive weight of goverment aircraft using the airport (the total movements of government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 25. Land for Federal Facilities. It will furnish without cost to the Federal Goverment for use in connection with any air traffic control or air navgstion activities. or weather -reporting and communication setivities related to air traffic control, any areae of land or voter, or estate therein, or rights in buildings of the sponsor as the Secretary oonsiders necessary or desirable for construction, operation, and maintenance et Federal expense of ,pan or facilities for such purposes. Such areae or any portion thereof rill be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It v111 keep up to data at all times an airport layout plan of the airport shoving (1) bounderies of the airport and all proposed addition, thereto, together vith 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 ell existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal building,, bangers, and reads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonavlation areas and of all existing improvements thereon. Such airport layout plan and each amend ant. revision, or modification thereof. shall be subject to the epprovel of the Secretary which approval shall be evidenced by the signature of a duly mother/zed representative of the Secretary on the fade of the airport layout plan. The sponsor will not make or permit any changes or alteration in the airport or in any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary. ad ly affect the safety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities ie made which the Secretary deteninee MvseMy affects the mafety, utility, or efficiency of any Federally owaed, leased, or fended property on or Off the airport and whine is not in conformity with the airport layout plan •e approved by the Secretary, the mer or operator will. if requested by the Secretary (1) eli.inate such adverse effect in a manner approved by the Secretary; or (2) bear all costa of relocating such property (or replacement thereof) to • site acceptable to the Secretary and all costs of restoring such property (or nplaonent thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. PAA Form 5100-100 111-59) Development or Raise Program - Public Sponsor Fags 11 1 50. Civil Rights. It wilt comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, rational origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods; (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibitity 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 acquisition of such land wilt, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Furl or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, b. (1) For land purchased under a grant for airport development (other than noise conpatibi lity) purposes, It wilt, when the land Is no longer needed for airport purposes, dispose of such lard at fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land. That portion of the porceeds 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 that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists. (2) Lend shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (Including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 1, 1987, was notified by the operator or owner of the use of such lard, did not object to such use, and the land continues to be used for that purpose, such use having coanetced not later than December 15, 1989. C. Disposition of such land under (a) or (b) wilt be subject to the retention or reservation of any interest or right therein necessary to ensure that such land wilt only be used for purposes which are compatible with raise levels associated with the operation of the airport. 32. E.nn-i veering and Design Services. It will award each contract, or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title 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 Restriction. 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 each foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States In procurement and construction. 34. Policies. Standards. and Specifications. It wilt carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars for AIP Projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable inter State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and wilt pay or reimburse property owners for necessary expenses as specified in Subpart a. (2) It will provide a relocation assistance program offering the services described In Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts 0 and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. 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 wilt be taken against its employees for violation of such prohibition: (2) establishing a drug -free awareness program to inform hta 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. FAA Form 5100-100 (6-91) Development or Noise Program - Public Sponsor Page 12 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Effective Date: 7-29-91 NUMBER SUBJECT 70/)460- IG OMt ruetlon Marking aid LI( ting 150/5100. 14B Architectural, SpbWrinp, and Plaonlng Consultant Services for Al rport Grant Proj cte CMG 1 15o/52f10 30 Airport winter Safety and Operations COG I & 2 150/5210-58 Painting, Marking pd Lighting of Vehicles Used on n Airport 150/5210-71 Aircraft Fire aS Asuw Cownicatlons 150/521014 Airport Fire ens Rescue Pert Protective Clothing 150/5210-Is Airport Rescue and Firefighting ing S Station Wilding Oesion 150/5220 AN Mater Supply Sydow for Aircraft Fire and Reacw Protect Ion Guide ide Sm W peciflcetlfar ter/Fow Type Fi Aircraft Fire and Resew Trucks CNG I S 2 150/5220-11 Airport Sno.nleeer Specification Wide 150/5220-12 Airport Srowss rs r sped ecificficatiS Guide 150/5220-13A Rvwr Surface m Snot Spec! ficatIon Wait 150/5220- 14A dtondit h.c Airport Fire and VMide Speclf m W heat 150/522015 Ruildips for Storage and Maintenance of Airport SnsB Removal oN ice Control Sylpnit: A Guide 30/5220 16 Automated whether Oberving Systs for Men- FederaLAlplincat 1pe 3 0/5220'1) Design Standards for Aircraft Resew Flre-fightln, ing Fralnlng Facilities 150/532-13 Airport Design 150/53200'58 Airport Drainage 150/5320 dC Pavement Airport Psrenent Design end Evalwtlm COG I L 2 150/5320-I'A Construct ion, and M Skid Resistant Airport Pavawent Surfaces 15015320. 14 brport lardscping for Noise Central Purposes Airport coping Control 150/532,-4A Norway length AepdtrleMnte for Airport Design COG I 150/5x0 IF Parking of Paved Anew on Airports 3015x0'40 instal letion Details for Runway ContorIIM Touchdown Zone Lighting Systers COG I L 2 wC/53W 5a SegnMntN Circle Airport Parker System ING 1 150/5540-140 Economy Approach Lighting Aide (HG I L 2 150/5340.126 Stwlddr Power for Mon -Flat Airport Lighting Systw 150/5340 -In Slwdards for Airport Sign Systems 150/5340'10 Tniwy Centerline ins Lighting System 150,5340-21 Airport MlsealindIncusLighting Visual Alds 150/5340.238 Vied Curs Swpleaen Con 150/5340.24 l Runway and lal:hway Edge Lighting System CNG I 30/5340-2)A Sir-to-Srcwd Radio Control of Airport Lighting ants 150/5345 -SA Sped flcat im for L-821 Panel. for Asset* Central of Airport Lighting 150/Sus-SS Circuit ,hector Switch 150/5345-A sped iflcat ion for L-824 IMdarprpad Flaclrlul Cable for Airport Lighting Circuits COG 1 150/534S- 12c Spiel ficet ion for Asians Current Regulators Npdator Mcnitors 150/5345.120 SRti fleet ins far Airport aN MeL nt Beacon gO15345 13A ca Specifition for L-8cry Relay Auxiliary Nelry Cabinet Aneutly for Pilot Control of Airport Lighting Circuits 150/5x5-268 Spec Hlcallom fee 4823 Plug is Receptacle, Cable Contractors [HG I A 2 150/535420 Specification for Wind Conn Asitabl 150/5345.288 Prec halm Apmooch Path Indicator (PAD') Sts 150/5x5408 1" Specification L-851, 4nwy and Todw/ Gwbrl In. Neteflactiw IYrtrrs CMG 1 150/5x5-420 Spec ifiat ins far Airport Light Mt ea, Trwlehsr Nousi gs, Junction Boxes end Accessories 150/SUS-43o Spec for Oberuet lm Lighting Cpulpaent 3 150/S5.44D Specification for railway and sw.Mr Sipe 1501,345.45A Lightweight Approach Light Structure 150/5345.47* and rwlry Light riytmes Specificstim farluy.era 150,5345-49* f for Airport Llghtle,tracts Isolation Ta, 150,534,-49A L-85pert Spec ificet ion L-Bx, Radio Control Equipment IS015x5 SO Sped ficat ion for Portable Many, Lights [MG 1 15015US-51 Spiel fiwtim for Discharge -type Flasher Fpfllaamt CMG 1 15015x5-52 Generic Vbwl GIIndicators C ISO/5360.1 Designof Fad Alewing is Onion of Airport Terminal Facilities at Mm-Mh0 Locations 150/5360'12 Airport Signing Dp Fire Graphics 150/5360-I3 phand aiming eDesign Guidance for Airport Terminal facilities at Mm -Mt Local lone 150/5320 2C LbemrimN Safety aiAirports During Ca.truct ion 150/53)0 6R m catruction Progress Inspection Reert'Alroort Grant Program Program 156/5110 10 Standards nor specifying Cmttructim of eon Alreorn [NC 1,2,3 150/53ID-11 Use of MorWrtructive Testing Devices in the Evaluation of Airport PaeeMenta COG 1 150/5320-12 Outlive Centro) of Nutructim far Airport Gant Projects 150/5390-2 Nelipert Design ISCJ5390d Vert 'port Design In o f N d w O O O 6 i d V 14 i 0.400 I w In a i O f m u a. n- r40 a, r V i .-1 S u S i. —a d —y.m]iM m 6 Z e m m m .n.+ww m .a m --4 CO m CO S F r si - m O U Y Z a. r .a u 4- a- 4 i O O O .-• a s m a ei O m p -- -3 u e d _ U m `P -a4 a e— Y d r. a M a O a a Y a r a a a a U O O r M a _CO 45 - CC m O O Y J Y r m j u Y O P m m U a d S i m m i y a Y 0 -. a u I — ..a n a i a m Co —4 CO m m m -I m m m N N N N N N N N Y• N a ! 1.\ a M. a N N N N N N N N \- r N CO r r N N ... - N N N F N O P .n a- aP V V V 1 N N V m m V V — m— — P — P P m m d a in -• m m V — .n N N .n N I.. 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