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HomeMy WebLinkAbout76-96 RESOLUTION• RESOLUTION NO. 76-96 A RESOLUTION ACCEPTING FEDERAL GRANT OFFER AIP NO. 22 WHICH PROVIDES 90% FUNDING FOR THE PURCHASE OF A SNOW PLOW AND TRUCK, AND A VACUUM SWEEPER FOR DRAKE FIELD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby accepts Federal Grant Offer AIP No. 22 which provides 90% funding for the purchase of a snow plow and truck, and a vacuum sweeper for Drake Field. A copy of the grant is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2nd day of July , 1996. ATTEST: By: Traci Paul, City Clerk APPROVED: By: • U.S. Department of Transportation Federal Aviation Administration • GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART I -OFFER Date of Offer: JUN 2 6 1996 Project No. 3-05-0020-22-96 Airport: Drake Field Contract No. DOT FA 96 SW -8020 TO: City of Fayetteville (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 June 6, 1996, 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 snow plow and ramp sweeper all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. FAA Form 5100-37 (10-89) Development or Noise Program Page 1 of 5 Pages • • • NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, herein called "Title 49 U.S.C.," 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, ninety percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions I. The maximum obligation of the United States payable under this offer shall be $154,214. 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 Title 49 U.S.C. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor within thirty days, or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds; however, used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United 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. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 10. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached to AIP Grant No. 3-05-0020-21. FAA Form 5100-37 (10-89) Development or Noise Program Page 2 of 5 Pages • • 11. 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 or 25 percent of the total increase in allowable project costs attributable to the acquisition of land or interests in land, whichever is greater, 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. 12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only 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. 13. The Sponsor agrees to perform the following, if this project contains more than $250,000 of paving: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: I . The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of test. 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as Sponsor bid 96-23 and 96-24 FAA Form 5100.37 (10-89) Development or Noise Program Page 3 of 5 Pages • • PART 11- 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 ? h o/ day of Jct /y , 19 ?.6 City of Fayetteville (Name of Sp sor) tDesi ated mini Representative) Title: M q v p`. Title: C, f y C /e r k CERTIFICATE OF SPONSOR'S ATTORNEY I, Se r r y R os e. , 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 C}rKahsG.S . 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 Title 49 U.S.C. 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. //,3 1N rho un/4 4 Dated at Fayr../ffci, //r, f3.Q this atic/ day of CI c, /y <. (Si gdalure of5ponsor's Attorney) ,19% . FAA Font.' 5100-37 (10-89) Development or Noise Program Page 5 of 5 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 Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION • Fa e S. N 'dderman, Manager AR/LA Airport Development Office FAA Form 5100-37 (10-89) Development or Noise Program Page 4 of 5 Pages APPLICATION FOR • FEDERAL ASSISTANCE C. MI Or WSWNSscn 400hcaron p C014111W1cn MonCavmaYw I. APPtIc IRIN/OatufgN A+Aoolkaat' p construction p Nrri-o nn.. -6. a aty RnCTrvTO 11 STATP 4. aTt MCWVIO aT /EOIRAI AQOrcy State Atalfutm Id.nttlir ("edor& Idwttiliv O1411 Approval Mo. D3a4-0043 Lava Name. City of Fayetteville, Arkansas Andreas fdnr aa. marry, elan. Arte Dv coal Fayetteville Municipal Airport 4500 South Schoold Avenue, Suite F Fayetteville, AR 72701 S. t$KOTTA tO(NT/ICATgn NVItMR I11N1: 17 1 11 SIM orpa.wcatenl UNt: Airport Name and tryp.oq nwnpw 01 trr ON>on 14 Ee wnacud a mafura this SOO4cstcn 47#44 and tare) rnonrrg Dale Frederick Airport Manager (501) 521=4750 161011 181416 121 IL Mt Of AINILJCLTIpte is Nor 0 Contnuarnn 0 Revision 1 Re,4Son WPM .ppvpyu W WIAI in Ooeh.l: 0 0 A *nem Award 1. One* Award C. Mar Mahlon 0. Dean pain Quw (so•and' T. Ten 0/ APPLACANT: A. Stat. O. County C. 1aureinel O. To ndip E Sew* F. Ime n%rlOpdi 0. Spatial District len4r AOowc.i,s Sao in boa) K Adeoendenl Sued Orr. I. Stat. Convpud .wettltal d Nggrer Laming J. Prints U:i-.Pty K *San Tribe L IMnilura Y. Pruitt Ow/amnion N. Over (Sp_ U4 • to CATALOG 0/ rmn11. aortae ASSISTANC1 m*s(It TITLE 21 01.11 101 6 U. an AP►1CR011 PROJ(Ct (was. camas, tuns. .tk 1. NANl FEDERM.Acotce ARK/LA 'ADO Federal Aviation .Administration Ft. Worth, TX 76193-0630 rt. 011301111171If MU 01 A/PLICANTZ PSOJTCT: Fayetteville Municipal Airport Acquisition of Snow Plow and Plow Truck and Ramp Sweeper at Fayetteville Municipal Airport. ,,. rROPOl1011ROIlLT: • San ata Etn0 Oat. 7/2/96 12/31/96 Id. CONOROUIONAI OtIT111CTT 00: 1 Aspirant Third. a Rape 11. E I 1111 rurowo: a. Poniard f 410 154,214 0 Amir ant 2 00 8,567 C. Saw 8,568 m 4 Local T d0 2 113 t0.4 anuca ,u WtJCCT m aria TT STATE allangt 011001 urn floctssi a. YES "MIS PREAPCt CJATIOW atrai Tp/1 WAS MAZE AVAWLE TO THE STATE E7CEQJTIVE ORDER 12372 PROCESS FOR REVIEW ON: • DATE May 10, 1996 0 NO. 0 PROOtUM IS NOT COVERED1T( EO inn oR macaw MIS *CT SEEN SELECTED M STATE FOR REVIEW 1. Awed. aero S �0 p TOTAL 2 171,349 'm 17. • TMC APaL CAIR DOJNpvpy ON ANT r®Ort Cart . ❑ Tia / 1 'Tet'.nactt an Senatipn. No It m Tkl Mat d MT 0.01N1.2123( ANO MLI P. ALL Oat** Mn antCATIcNn larealt. Mt t ANO const TWA OOCVNTIR tie SUN Oulr mammas svTGC et ylwsto . SCOT a Tit An. RJ ran ALIO Tat APCAIR writ COSlaty -Tfn ?Pt AltaCwm AMVRANQT • T111 A3*ISTaNC el AWAROT0 • T,,..,. INma M ANnsnad Rcraanutw. Fred anna . 4. Sqn. • . ue.a nm n . •t ua01. O to. • Mayor Authorized for Local Reproduction a T#.gAene number 501-575-8330 • One Sind Suneare Form 424 May esst Ptiarnere q O1.46 6.r1.1a. £.1C2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. e0.10014 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Name of Governing Body Priority Rating _ Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes Name of Agency or Board X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Yes X No (Attach Comments) Item 4. Does this assistance request require Stale, local, regional or other planning approval? Yes X No Name of Approving Agency Date Item 5. Is the proposed project covered by an approved comprehensive plan? Check one: State Local Regional (—T Yes X No Location of plan Item 6. Will the assistance requested serve a installotion? Federal Yes X No Federal Population benefiting from Project Nome of Federal Installation Item 7. Will the assistance requested be on Federal land or installation? Yes X Name of Federal Installation Location of Federal Land No Percent of Project Item 8. Will the assistance requested have on impact or effect on the environment? X Yes No See instruction for additional information to be provided. Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or farms? Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No Number of: Individuals Families Businesses Forms Yes X No See instructions for additional information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THnU 7 Pont. 7 • • • DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION PART 1I - SECTION C (SECTION B OMITTED) OMB NO. O4.R0209 The Sponsor hereby represents and certifies as follows: I. Compatible Land Use.—The Sponsor has liken the following actions to assure compatible usage of land adjacent to or itt 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 and as amended. - 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: - 3. Possible Disabilities.—There are no (acts 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: 4. Land.—(a) The Sponsor holds the following property interest in the following areas of and 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 of which areas are identified on the aforementioned property map designated as Exhibit •"A•": The sponsor holds fee simple title to Tract A and easements in Tract B. Title for Tracts A and B were approved under previous projects. Status has not changed • since approval. Land and easements were acquired under AIP 3-0020-05-11 and is include easements, Tracts C, D, F, J, G, and K; fee simple Tract D, E, and H. 'State character of property interest in each area and fist and identifv 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 an the property mop. FAA Form 5100-100 (4.76) Page 3a • • DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II - SECTION C (Continued) OMB NO. 04-80209 The Sponsor further certifies that the above is Lased on a title examination by a qualified attorney or title cornpanv and that such attorney or title compan}- 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. they 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 11 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 sponsor except as follows: None *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 3b DEPARTMENT OF TRANSPORT." - FEDERAL AVIATION ADMINISTRATION 1 • PART III - BUDGET INFORMATION - CONSTRUCTION OMe No. ee-Rate SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 20,106 2. Functional or Other Breakout ATP SECTION 8 - CALCULATION OF FEDERAL GRANT. rm 5100 -ted (6 79) SUPERSEDES FAA FORM 5100-10 PAGES I THRU 7 Page 4 Cosi Classification Use only for revisions Total Latest Approved Amount Adjustment 4 or (-) Amount Required 1. Administration expense S S $ 1,500.00 2. Preliminary expense 3. Landtstruclures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 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 169, 849.00 13. Miscellaneous 14. Total (Lines 1 through 13) 171, 349.00 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 171, 349.00 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 171, 349.00 20. Federal Share requested of Line 19 154, 214.00 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 154, 214.00 23. Grantee share 17,135.00 24. Other shares 75. Total project (Lines 22, 23 & 24) $ $ $ 171, 349.00 rm 5100 -ted (6 79) SUPERSEDES FAA FORM 5100-10 PAGES I THRU 7 Page 4 DEPARTMENT OF TRANSPORTATION . F ..`^a rtV eT511E_ SECTION C — EXCLUSIONS Classification 26 Ise lig i6le for Participation (1) Excluded from Contingency Provision 12) °. s s L. c d e. (. g. Totals 5 c SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S a. Securities b. Mortgages - c. Appropriations (By Applicant) 8,567.00 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL — Grantee share 8,567.00 28. Other Shares a. State 8,568.00 b. Other c. Total Other Shares 8,568.00 29. TOTAL SECTION E — REMARKS S 17,135.00 Standard DOT Title V Assurnaces Standard DOTTitleVI Assurances Copy of Bid Tabulations 6/5/96 PART IV PROGRAM NARRA TINE (Attach — See Instructions) FAA Farts 5100-100 (6.73) SUPERSEDES FAA FORM 510616 PAGES 1 THRU 7 Page 5 • • FAYETTEVILLE AIRPORT DEPARTMENT THE CITY OF FAYETTEVILLE, ARKANSAS PART IV PROGRAM NARRATIVE STATEMENT PROPOSED IMPROVEMENTS TO DRAKE FIELD FAYETTEVILLE, ARKANSAS The proposed equipment to be purchased will be utilized at Drake Field, Fayetteville Municipal Airport, Fayetteville, Arkansas. The objective of this purchase is to provide snow removal capabilities in accordance with the Advisory Circular regarding snow removal, thus creating a more safe environment. The ramp sweeper will provide a method of FOD removal from aircraft movement services. The method of snow and FOD removal in the past, contracting the service, is no longer a viable option. The snow removal equipment, a truck and plow, will complete the process of acquiring equipment which is necessary for the airport's in-house snow removal program. The Airport has been unable to continue with Contract Snow Removal due to the extremely heavy workload that area contractors have had over the past couple of years, presently and forecasted for the future. The ramp sweeper will provide the airport a means for readily cleaning aircraft movement surfaces without bidding this service to outside contractors. Additionally, the availability of the equipment at the airport will allow more timely cleaning of these movement surfaces. 4500 SOUTH SCHOOL AVENUE, SUITE F AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701 PHONF 501.591.A750 . FAY SA1.511.17,5 MAY 21 '96 11:10 'FROM FAA — AR/LA ADO n PART V ASSURANCES Airport Sponsors • PAGE.019 A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., Subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control ofa publiwse airport; the temi "private sponsor" means a private owner ofa public -use airport and the teen "sponsor includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become. pan of the grant agreement B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, m throughout the useful life of the project items installed within a facility under a noise compatibility program project but in arty event not to exceed twenty (20) years from the date of acceptance ofa grant offer of Federal funds for the pmJect. However, ihcre 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 specified in the assurances. 2. Airport Development or Nobe Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the =fur fife of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) yeah from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances I, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in Section C life of the project apply to planning projects. The teals, conditions, and assurances of the grant agreement shall remain in full fora and effect during the C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines. and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VB, as amended. 6. Davis -Bacon Act - 40 U.S.C. 276(a), pt seq.' c. Federal Fair labor Standards Act - 29 US.C. 201, et seq, d. Hatch Act - 5 US.C. 1501 ct see e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601 et set l 2 f National Historic Picxi ration Act of 1966 - Section 106 - 16 US.C. 470(Q) g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 puou¢h 469c.1 h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a f i. Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 -Title VI - 42 U.S.C. 2000d through d-4. k. Age Discrhnimmion Act of 1975 - 42 U.S.C. 6101 et seq. I. Architectural Barriers Act of 1968 42 U.S.C. 4151 et eco, t m. Powerplant and industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373) n. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, e, jiy,l o. Copeland Antaickback Act -18 U.S.C. 874.1 p. National Enviroiaac,itel Policy Act of 1969 - 42 US.C. 4321 et seq 1 q. Endangered Species Act - 16 U.S.C. 668(a) et seo.1 r. Single Audit Act of 1984 - 31 U.S.C. 7501 et seq.2 s. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 12372 - Intergovernmental Review of Fedcrul Programs. Executive Order 11246 - Equal Employment Opportunity) Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Airport Assurances (I-95) Page 1 of 9 ASW -PP -A-1 • MAY 21 '96 11:11 FROM FRA — AR/LA ADO Federal Regulations PAGE.O2O IL 49 CFR Part 18 - Uniform administrative requirementis for grants and cooperative agreements to state and IoW governments 3 b. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Tule VI of the Civil Rights Act of 1964. c. 49 CFR Part 23 - Participation by minority business enter -mein. in Department of Transportation programs. d. 49 CFR Pat 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2 c. 49 CFR Part 27 - Nondiscrimination on the basis of handicap ht programs and aetivi[ki receiving or benefiting from Federal financial assistance.' f. 49 CFR Part 29 - Government -wide debarment and suspension (non -procurement) and Government -wide requirements for drug-free workplace (grants). 8- 49 CFR Part 30 - Denial of public worts contracts to suppliers of goods and services of countries that deny procutemrnt market access to U.S. contractors. h. 29 CFR Part 1 - Pmt duces for predetermination of wage rates.' 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United Stetcs.1 j. 29 CFR Pan 5 - tabor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to nonconstruction contracts subject to the Contract Work Hours and Safety Standards Act).1 k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requircments).1 1. 14 CFR Part 150 - Airport noise compatibility planning. m. 49 CFR Pat 41 - Seismic safety of Federal and federally assisted or regulated new building concoction. I n. 49 CFR Pan 20 - New restrictions on lobbying. Office of Management and Budget Circulars a. A-87 - Cost PrincipleS Applicable to Gremi and Contacts with State and focal Governments. b A428 - Audits of Stec and Local Goverrtinents.' 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requite'ments for State and IoW Governments receiving Federal assistance. Any requirement kvicd upon State and Local Govemmens by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as emended. Specific assurances sequined to be included in giant agrvcmens by any of the above laws, regulations or circulars are incorporated by mien -not in the grant agrtcmennt 2. Responsibility and Authority of the Sponsor. a Public Agevcy Sponitr It has legal authority to apply kr the grant, and to finance and arty 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 ell understandings and assurances contained Oman, and directing and authorizing the prion identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor. It has legal authority to apply for the grant and to finance and carryout the proposed project and comply with all terns. conditions, and assurances of this gam agrer u,4rt. It shall designate an official representative and shall in writing direct and author¢Cthal person to file this application, including all understandings and assurances contained therein; to ace in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of rhe project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a It holds good title, satisfactory to the Secretary, to the landing arca of the airport or site thereof, or will give assurance satisfactory to the Secretary that good ti0e will be acquired. b. For noise compatibility program projects to be cried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of rho property upon which Federal funds wll be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. n 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 agreemem without tilt 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 ac cpsbk to the Secretary. • Airport Assurances (1-95) Page 2 of 9 -ASW-PP-A-1 • MAY 21 '96 11:1 FROM FAA — AR/LA ADO • PAGE,O21 b. It will not sell, lease, encumber, or otherwise transferor dispose of any part of its title or otter interests in the property shown on Exhibit A to thi application or, for a noise compatibility program project, that portion of tire property upon which Federal funds have been expended, for th' duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If thc transferee is found by to Scat -fay to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have th power, authority, and financial resources to tarty out all such obligations, the sponsor she] insert in the contract or document transferring o: disposing of the sponsoes interest, end make binding upon the transferee all of the terms, conditions, and assurances contained in this gran agreement. c. For all noise compatibility program projects which an to be carried out by another unit of local government or are on property owned by a unit o' local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretory, tha agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to tht FAA for a grant to undertake the noise compatibility program project That agreement and changes thereto must be satisfactory to the Secretary. f will take stcps to crime this agreement against the local government if that is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement c. 11 the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insult that such arrangement also requires compliance therewith. 6. Consistency with Local Plan. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that an authorized by the Stale in which the project is located to plan kr the development of the mea surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. - - 7. Consideration of Local Interest It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a dccision to undenake any airport development project under the Airport and Airway Improvement Act of 1982, it has tmdertaken reasonable consultations with affected patties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the commmhity and it shall, when requested by the Secretary, submit a copy of the barsaipt of such hearings to the Secretary. Further, for such pmjecs, it has on its management board either voting representation from the commumities where the project is located or has advised the oohnmunities that they have the right to petition the Seattary concerning a proposed project • 10. Mr and Water Quality Standards. In projects involving airport location, a major runway extension, or nmway location it will provide for the Govemor 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 end water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have bccn promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With raphe to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will ase such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public 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 alt the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft 13. Accounting System. Audit, and Recordkeeping Requirements. It shall keep all project accounts and records which fully disclose the amount and disposition by thc recipient of the proceeds of the grant the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. • Airport Assurances (I-95) Page 3 of 9 ASW -PP -A-1 • MAY 21 '96 11:13 •ROM FAA - AR/LA ADO • PAGE.022 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, papas,'and records of the recipient that are pertinent to the grant The Secretary may require that an appropriate audil be conducted by a recipient. In any rase in which an independent audit is made of the accounts of a sponsor Sating to the disposition of the proceeds of a gram or relating to the project In oormeaion with which the grant wis given or used, it shall file a certified copy of such audit with One Comptroller General of the United States not later than six (6) months following the dose of the fiscal year for which the audit was made. 14. Minimum Wage Rata. It shall include, in all contracts in excess of 52,000 for work on any projects funded under the grant agreement which involve Tabor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall Include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(cXI) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specification, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Seaetary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide end maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specification, and schedules approved by the Secretary for the project it shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations end procedures shall require such cost and pnt,pt a reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. I8. Planning Projects. In varying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the materiel was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds trader this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant I. It will grant the Secretary the right to disapprove the sponsors employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will giant the Secretary the right to disapprove the use of the sponsor's employees to do all or any pan of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on ted part of the Secretary to approve any pending or fuhne application for a Federal airport grant 19. Operation and Maintenance. a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily dose the airport for nnnaeronautiW purposes must first be approved by the Secretary. The airport and all facilities which arc necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States. shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or presaibed by applicable Federal, state and IoW agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for - (1) Operating the airport's aaonautiW facilities whenever required; . (2) Promptly marking and lighting hazards resulting from airport condition. including temporary conditions; end (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to requirt One the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nof.ing herein shall be construed as requiring ted 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 cirarnstancc beyond the control of tire sponsor. Airport Aasuraaces (1-95) Page 4 of 9 • • -':ASW-PP-A-1 MAY 21 '96 11:15 *FROM FRA — AR/LA ADO PAGE.023 b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Remora! and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument ant and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or othcnvhe mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. it will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make 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 use. b. in any agreement, contract, lease, or other arrangement under which a right or privilege a the airport is granted to any person, firth, or corporation to conduct or engage in any aeronautical activity for famishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (I) famish said services on a fair, reasonable, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of prig reductions to volume purchasers. c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, end other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier ming such airport (whether as a 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 alt transportation es ate applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontcnants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. E It will not exercise or grant any right or privilege which operates to prevent any person, tmn, 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 d1 users of the airport as may be necessary for the safe and efficient operation of the airport I. The sponsor may prohibit or limit any given type, kind or class of aeronautical est of the airport if such action is necessary for the safe operation of the airport or necessary to scree the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for mote than one fixed -based operator to provide such services, and b. If allowing more than one fixed-bascd operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, fun, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training. aircraft rental and sightseeing, axial 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 assists oe under the Airport and Airway Improvement Act of 1982. Airport Assurances (1-95) Page 5 of 9 ASW -PP -A -I • MAY 21 '96 11:16 •FROM FRA — AR/LA ADO PAGE.024 • 24. Fee and Recital Structure. It will maintain a fee and rental structure consistent with Asmmnce 22 and 23 for the -facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the eiremistanccs existing' at the particular airport, taking tato account • such factors es the .voiuine of traffic 'and =many of contemn. 'No part "of the Federal share of an airport development, airport planning or mise ompatibility pmjediorwhich *'gran hint* under the Airport and Abway'Improvement Actof /982, ex Federal Airport Act or the Airport and Airway Development Ad of 1970 shall be included in the rate basis in establishing fns, rata, and charges for users of that airport. 25.: Airport Revenues -.1f the airport Is under the control of apublic .%..cy all revenues generated by'dha airport. 'and any Bial -taxes on aviation fuel established after December 30, 1987, will be cxpended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of Pessenga or (nerdy; or for raise mitigation purposes on or off ahc airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 26. Reports and Inspections. It will: (a) submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; (b) make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; (c) . for airport development projects, make the airport and all a-uportrcwnds and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments; available for inspection by any duly authorized agent of the Seactary upon reasonable request; (d) for noise compatibility program projects, make records and dowments relating to the project and continued compliance with the terns, conditions, end assurances of the gram agreement including deeds, awes, agreements, regulations, and otter instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable moat; and ..: . . . in a format prescribed by the Secretary, provide to the Secretary and maks available to the public, not Tater than 60 days following each of its fiscal years, ending after Mandy I,.199$, an annual report listing in detail : • (I) :all amounts paid by the airport to arty other twit of government and the proposes for vehie h each such payment was made; and (i) • all services and properly provided by the airport to other units of gbvemrnent and the amount of compensation received for provision of each such service and property. .. .. - .. 27. Use. by Government Aircraft ft will make available all of the facilitir:of the airport developed with Federal financial assistance and all those usable for landing and takeoffof *haat to the United States for use by Government aircraft n'anmnon with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use; for the cost of operating and maintaining the facilities used. Unless othezwisc determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft *till be considered to ant what operations of such aircraft we in excess of those which, inthc opinion of the Secretary, would unduly interfere with nuc of the landing area by other atithorined aircraft, or during any Wender moriththat- • a Five (5) or more Govcmmem aircraft arc regularly based at the airport or on land adjacent thereto; or (c) 6. The total number of movements (counting each landing as a movement) ofGovemment aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. Land for Federal Facilities. It will famish without cost to the Federal Government for use in wnneaion 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 Seactary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the aiiport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all"offtitc areas owned or controlled by the sponsor for airport purposes end proposed additions thereto; (2) the ::. locaion and nanae of all existing and proposed airport facilities and structures (Such as nmways, taxiways, aprons, terinninal buildings, hangars and . roads), including all proposed txMuions and seductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements themon. Such airport layout plans and each amendment, revision, or modification [hart 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 any of its facilities which arc not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. Airport Aasaraaces (I-95) Page 6 of 9 MAY 21 '96 11:17 *FROM FAR — AR/LA ADO • • PAGE.025 b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off 0he airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (I) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety. utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Grit 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 fmanciai 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 sWctmes or improvtn. ots thereon in which case the assurance obligates the sponsor or any transferee kr the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, I) be paid to the Secretary for deposit in the Trost Fund, or 2) be reinvested in an approved noise compatibility project as pesmbed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it witl, when the land is no longer needed for airport purposes, dispose of such lend at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, bc 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 kr deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes tinder this assurance if (a) it may be needed for aeronautical purposes (including nmway protection zones) or save as noise buffer land, and (b) the revenue from interim uses of such land contributes td the financial self- sufficiency of the airport Further, land purchased with a gram by em airport operator or owner before December 31, 1987, will bc considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continua to be used for that purpose; such use having commenced no lata than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any irrte est or right thereinnecesiary to ensufe that such land will only be used for purposes which are compatible with Desire levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or subcontract for programa management, construction management planning studies, feasibility studies, architectural services, preliminary engineering design, engineering, surveying, mapping or related services with respell to the project in the same manner as a contract for architectural and engineering services is negotiated undo Tale IX of the Federal Property land Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed kr or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fond any project which uses any product om service of a foreign country during the period in which such foreign country is listed by the United States Trade Repraemative as denying fair and equitable market opportunities for products and suppliers of The United States in -procurement and construction: • 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications appioved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated May 1, 1995, and included in this gran, 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 teal property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners kr necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart 1) and E of 49 CFR Part 24. (3) ft veil 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. Airport Assurances (I.95) Page 7of9 ASW -PP -A -I MAY 21 '96 11:18 Updated On: May 1,1995 NUMBER . 70/7460-1K CHG 1 & 2 150/5000.13 150/5100-14C 150/5210-56 150/5210-7B 150/5210-14 150/5210-15 150/5210-18 150/522048 150/5220-10A 150/5220-133 150/5220.14A 150/5220-16A 150/5220-17A 150/5220-I8 150/5220-19 150/5220-20, CHG I 150/5220.21, CHG 1 I50/5300.13, CHG 1, 2, 3,8 4 150/530044 150/5300-15 150/5320-5B 150/5320.6C, CHO 1 & 2 150/5320.12B 150/5320-14 , 150/53254A, cm( .150/5340-1G., 150/53404C, CHO 1 & 2 150/5340-56, CHG l 150/5340-1413,CHGI & 2 150/5340-17B 150/5340-18C, CHG 1 150/5340-19.. 150/5340-21 - 150/5340-23B 150/5340-24, CHG I 150/5340-27A 15W5345-30 150/5345-7D, GIG 1 150/5345-I0E 150/5345-12C 150/534543A 150/5345-26B, CHG I & 2 1 50/5345-27C 150/5345-28D, CHG 1 150/5345-39B, CHG 1. 150/5345420, CHG 1 150/534543D 150/5345-44F, CHG 1 150/534545A 150/534546A 150/534547A 150/5345-49A 150/5345-50, CHG I 150(5345-51, CHG 1 150/534532 150/5345-53 150/5360-9 150/5360-12A 150/5360-13, CHG I ROM FRA — AR/LA ADO • CURRENr.FAAADVLSORY CIRCULARS FORAM -PROJECTS'='• PAGE.026 • SUBJECT .. Obstruction Marking and Lighting Announcement of Availibility—RTCA Inc., Document RICA -221, Guidance and Recommended Requirements for Airport Surface Architectural, Engineering, end Planning Consultant Services for Airport Grant Projects • Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications' .. -. . Airport Fire and Rescue Personnel Protective Clothing Airport Rescue and Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type Aircraft Rescue and Firefighing Vehicles Runway Surface Condition Sensor Specification Guide Airport Fire and Rescue Vehicle Specification Guide • Automated Weather Observing Systems for Nonfederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for Small, Dual -Agent Abaaft Rescue and Firefighting Vehicles Airport.Snow and Ice Control Equipment Guide Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments • Design of Aircraft Deicing Facilities • - .. . Use of Value Engineering for Engineering Design of Airport Grant Project Airport Drainage Airport Pavement Design and Evaluation - . - Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes - . Runway Length Requirements for Airport Design Standards for Airport Marking Installation Details for Runway Centerline Touchdown Zone Lighting Systems Segmented Circle Airport Marker System 'any Approach Lighting Aids - • Standby Power for NonFAA Airport Lighting Systems Standards for Airport Sign Systems Taxiway Centerline Lighting System • Airport Miscellaneous Lighting V-malAids - .. Supplemental Wind Cones - .. Runway and Taxiway Edge Lighting System . - . • .. Air-To—Ground Radio Control of Airport Lighting Systems Specification for 1-821 Panels for Remote Control of Airport Lighting - GrcrhSelectorSwitch Specification for 1424 Undcrgroand Electrical Cable for Airport Lighting Circuits Specification for Constant Qment Regulators Regulator Monitors • Specification for Airport and Heliport Beacon - • • • • Specification for L441 Auxiliary.Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specifications for 1423 Mug and Razpracle, Cable Comueaors • Specification for Wind Cones Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification 4853, Runway and Taxiway Centerline Retrofective Makers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Lightweight Approach Light Structure Specification for Runway and Taxiway Light Fixtures Isolation Transformers for Airport Lighting Systems Specification L454, Radio Control Equipment Specification for Portable Runway Lights Specification for Discharge -Type Flasher Equipment Generic Visual Glideslopc Indicators (GVGI) Airport Lighing Equipment Certification Program Planning and Design of Airport Terminal Facilities at NonHub Locations Airport Signing and Graphics Planning and Design Guidance for Airport Terminal Facilities Airport Assurances (1-95) Page8of9 • • ASW -PP -A-1 • MAY 21 '96 11:20 (Continued) NUMBER 15015370-2C 150/5370-6B 15015370-10A, CHG I, 2, 3,4, 5, 6, 7,&8 150/5370-II,C8G 1 150/5370-12 150/5390-2A 150/5390.3 FROM FAA - AR/LA ADO CURRENT FAA ADVISORY CIRCULARS FOR A1P PROJECTS SUBJECT Operational Safety on Airports During Construction Construction Progress and Inspection Report -Airport Grant Program Standards for Specifying Construction of Airports Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects Heliport Design Vertiport Design PAGE.027 Airport Assurances (1-95) Page 9 of 9 ASW -PP -A-1 AC 150/5 100-16A • Appendix 2 - 0/0/89 STANDARD DOT TITLE VI ASSURANCES • City of Fayetteville (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DDT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirctpents imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national :origin, be ex- cluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures newels y to effectuate this agreement- Without limiting the above general assurance, the Sponsor agrees concerning this grant that: I. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(6)) Will be conducted or oper- ated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the. Regulations. 3. Where Federal financial usistance is received to construct a facility, or part of a facility, Ole assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in read property, the assurance shall extend to rights to space on, over, or under such property. 5. 1l will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Spon- sor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or im- proved with Federal financial assistance under this Project. 6, 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 structuresor improvements thereon, in which case the assur- ance 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. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other partici- pants of Federal financial assistance under such program will comply with all requirements imposed or pur- suant to the Act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter aris- ing under the Act. the Regulations, and this assurance. 2 •1 • 0/0/99 • l • c AC 150/5100-15A Appendix 2 THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assist- ance for this Project and is binding on its contractors, the sponsor, subcontractors: transferees,. successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED: May 10, 1996 City of Fayetteville; Arkansas (Signature of Authorized OfNeld) Fred Hanna Mayor • 3 • J' , • AC -150%5100-15A • Appendix 2 • • • 0/0/89 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor') agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondis- crimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to u the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin t The contractor and rreete tion of ion of s b - contractors, including procurements of materials and leases of equipment. pate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, includ- ing employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials 'and Equipment. In all solicita- tions either by coritpetitive bidding or negotiation made by the contactor f w k or work to be perfonmed subcrectoundr r or it subcontract, -.including procurements of materials or leases of equipment, r supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regu- lations relative to nondiscrimination on the grounds of race, color, or national origin• required by the 4. Information and Reports. The contractor shall provide all information and repo rts Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities es may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, ns another rs, and in tr c - tions. Where any information required of a contractor is in the exclusive possession refuses to furnish this information, the contractor.shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrim- ination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract -until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs I throbugh 5 they to in every subcontract, including procurements of materials and leases of equipment, unless exempt Regulations or directives issued pursuant thereto. The contractor shall take such action with respecty subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contrac- tor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addi- tion, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 4 • • • • • /` 0/0/89 • l • j AJ 1DVIDI U 1DA Appendix 2 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal repre- sentatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "es a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described; in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Departrhent of Transportation, and es said Regulations may be amended. 2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representa- tives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any im- provements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, of otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 5 (and 6)