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HomeMy WebLinkAbout125-02 RESOLUTIONRESOLUTION NO. 125-02 A RESOLUTION AUTHORIZING AIRPORT STAFF TO APPLY FOR AND ACCEPT AN AIRPORT IMPROVEMENT PROGRAM GRANT (AIPG) FROM THE U.S. FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF ONE HUNDRED FIVE THOUSAND FIFTY-SEVEN DOLLARS ($105,057.00) FOR THE TAXIWAY "A" EXTENSION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Airport Staff to apply for and accept an,,Airport Improvement Program Grant (AIPG) from the U.S Federal Aviation'Administration 'in -the amount of One Hundred Five Thousand Fifty -Seven Dollars ($105,057.00) for the Taxiway "A" Extension Project. PASSED and APPROVED this 20th day of August, 2002. OODRUFF, 'ity Clerk APPROVED: By: 1 1 z 3 4 5 i, 7 S • NAME OF FILE: CROSS REFERENCE. Resolution No. 125-02 • 08/20/02 Resolution No. 125-02 Copy of the Grant Agreement (Original mailed to U. S. Department of Transportation / Federal Aviation Administration) 07/26/02 Copy of the Application for Federal Assistance 08/14/02 Letter to Mayor Coody from Edward N. Agnew, Manager, Arkansas/Oklahoma. Airports Development Office 07/26/02 Memo to Fayetteville City Council thru Staff Review Committee from Ray M. Boudreaux, Director, Airport, regarding Grant Review - ALP 30, Taxiway "A" Extension Design & Engineering 07/23/02 Letter to Ray Boudreaux, Airport Manager, from R. Wayne Jones, P.E., Vice President of McClelland Consulting Engineers, Inc 08/20/02 Staff Review Form 08/21/02 Memo to Ray M. Boudreaux, Airport/Aviation & Economic Development, from Heather Woodruff, City Clerk NOTES: �1 • U.S. Department of Transportation Federal Aviation Administration 7/L r GRANT AGREEMENT ' COPY. FOR DEVELOPMENT PROJECT PART I -OFFER Date of Offer: August 14, 2002 Project No. 3-05-0020-030-2002 Airport: Fayetteville Municipal (Drake Field) 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 August 8, 2002, for a grant of Federal funds for a project for development of the Fayetteville Municipal (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: Taxiway "A" Extension, Phase I: Design 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 ASW Form 5100-37 (7/10) Page 1 of 5 Pages NOV-19-2002 TUE 09:08 AM FA MUN. AIRPORT 47971876460 P. 02 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 TH.E UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percenntm 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 5105,057.00. 2. The allowable costs ot'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 he made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United Smtes 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 cotnply with the assurances which were made part of the project application. 5. The FAA reserves the right to atnend or withdraw this offer at any tme 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 1, 2002, or such subsequent date as may bo 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 shell 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 bonds 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 w recover such funds. All settlements or other final positions of the sponsor. in court or ntherwise, 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 that 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. M. The property snap referred to on Page I of this Grant Agreement is the Property Map, Exhibit "A, included as part of the Airport Layout Plan approved March 21, 2000. FAA room 5106.» (10.89) Dovolopme,n ur Haim, Ymyrmn ASW Funu 5100.31 (7110) 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, 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. Fumish 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: 1. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for 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 being developed in this grant agreement. • FAA Fain 5100-37 (10-89) Development or Noise Program ASW Form 5100.37 (7/10) Page 3 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 ADMINIST • ION Edward N. Agnew, Manager Arkansas/Oklahoma Airports Dev op t ent Office FAA Fonn 5100.37 (10-89) Development or Noise Program ASW Form 5100-37 (7/10) Page 4 of 5 Pages • • • 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 ��� � day of dera," , 20 Oil. (SEAL) (Sponsor's Design. Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY 1, vii— 1 1 p its S , 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 Arkansas. 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. Dated at this 2-1-1-L day of Si!)nature of Sponsor's Attorney) FAA Form 5100-37 (10-89) Development or Noise Program ASW Fomt 5100-37 (7/10) Page 5 of 5 Pages r. • APPLICATION FOR • • OMB Approval No. 0348-0043 FEDERAL ASSISTANCE 2. DATE SUBMITTED July 26, 2002 Applicant Identifier 1. TYPE OF SUBMISSION: plication Preapplication 3. DATE RECEIVED BY STATE State Application Identifier Li Construction • Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier �r +lt-Y- 3 - oC-0o2A- 30,07- 2 Non -Construction 0 Non-Construetlon 63.A4.02. 5. APPLICANT INFORMATION Legal Name: City of Fayetteville Organizational Airport Unit: Division Address (give city. county, State, and zip code): Fayetteville Muniti al Airport 4500 S. School, Fayetteville, AR 72701 Name and this application Ray Boudreaux, 479-718-7642 telephone number of person to be contacted on matters involvin( (give area code) Director of Aviation & Eco Dev 6. EMPLOYER IDENTIFICATION NUMBER(EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) C 711 — 6101118141612 A. State H. Independent School Dist. 8. TYPE OF APPLICATION: B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University New ❑ Continuation • Revision D. Township K. Indian Tribe I1 Revision, enter appropriate letter(s) In box(es) E. Interstate L. Individual Increase Award B. Decrease Award C. Increase Duration F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) A D. Decrease Duration Other(specify): 9. NAME OF FEDERAL AGENCY: DOT FAA SW Region, Fort Worth, TX 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER. 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: 2 I 0— 1 I 0 I 6 "A" & Engineering Taxiway Extension - Design TITLE: Airport Improvement Program (AIP) 12. AREAS AFFECTED BY PROJECT(Cities, Counties, States, eta): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date 9/1/02 Ending Date 11/30/02 a. Applicant Third b. Project Third 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ m 105,057 a. YES. THIS PREAPPUCATION/APPUCATION WAS MADE b. Applicant 500 5,837 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: a State $ 0° 5,836 DATE d. Local $ 00 b. No. 0 PROGRAM IS NOT COVERED BY E. 0. 12372 e. Other $ 00 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 1. Program Income $ 00 17. IS THE APPUCANT DEUNQUENT ON ANY FEDERAL DEBT? g. TOTAL $ m 116,730 0 Yes If 'Yes,' attach an explanation. ® No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY ATTACHED ASSURANCES IF THE ASSISTANCE 15 AWARDED.7 APPUCATIONIPREAPPUCATION ARE TRUE AND CORRECT, THE OF THE APPUCANT AND THE APPLICANT WILL COMPLY WITH THE a. Type Name of Authorized Representative Dan Coody b. Title Mayor // / , ilib c. Telephone Number (479) 575-8330 d. Signature of Authorized Representative e. Date Signed Q Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev. 7-97) Prescribed by OMB Circular A-102 • • • DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II • SECTION C (Continued) OMB NO. 04-R0209 The Sponsor further certifies that the above is Lased 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. hut 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 he developed or used as part of or in connection with the Airport as it will he 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 zponsor 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 (4-75) Page 3b • • • DEPARTMENT OF TRANSPORTATION — FEDERAL. AVIATION ADMINISTRATION OMB NO. 04.A0209 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 2607, which regulates andrestricts 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 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 proeeedinvs) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or cam• out ther 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 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": The. Sponsor hold fee simple title to Tract A and easements shown in Tract B of the attached property map, Exhibit "A". Title for Tracts A and B were approved under previous projects. Status has not changed since approval. Land and easements acquired under AIP 3-0020-05-11 & 15 include easements, Tracts C, D, F, J, G, and K; Fee Simple Tract D, E, and 11. 'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and aduerse interests of every kind and nature, including lien,, easements. leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property mop. FAA Form 5100-100 (4.76) Page 3a • • • DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. elRele. 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, educotionol or health clearances? Nome of Agency or Board Yes X No (Attach Documentotion) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes No (Attach Comments) • Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Nome of Approving Agency Dote Item 5. Is the proposed project covered by an approved Check one: State 1— comprehensive plan? Local Regional E Yes X No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? • Yes X No Federal Population benefiting from Project • Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect on the environment? Yes X No See instruction for additional information to be provided. Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or farms? X Yes No Number of• Individual s Families Businesses Farms Item 10. Is there other related Federal ossistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. X Yes No FAA Form 5100-100 16-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 TH RU Pooe 2 • DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMB NO. eo.Rote4 FAA Form 5100-100 16 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 TNRU 7 Page 4 PART III/BUDGET INFORMATION - CONSTRIPIION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20:106 • SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Totol Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense S S S 2. Preliminary expense 3.. Land,struclures, right-of-way , 4. Architectural engineering bask tees 53,880 5. Other architectural engineering fees Testing 13,070 6. Project inspection fees 49, 780 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 116, 730 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) . 116, 730 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 116, 730 ' • 20. Federal Share requested of Line 19 105,057 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 105, 057 23. Grantee share , 5,837. 24. Other shares 5,836 25. Total project (Lines 22, 23 & 24) S S $ 116, 730 FAA Form 5100-100 16 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 TNRU 7 Page 4 • • DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION • oue NO 6:•-a :its SECTION C — EXCLUSIONS Classification 26 Ineligible for Participation 0) Excluded Iron Contingency Provision • (2) is. s $ b. c d. o. 1. g. Total, S S s SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 21. Grantee Share S a. Securities b. Mortgages c. Appropriations (By Applicant) 5, 837 d. Bonds e. Tax Levies 1. Non Cash g. Other(Explain) h. TOTAL — Grantee share 5,837 28. Other Shares a. State 5,836 b. Other c. Total Other Shares 29. TOTAL SECTION E — REMARKS 5.836 5 11,673 • PART IV PROGRAM NARRATIVE (Attach — See Instructions) FAA Form 5100.100 (S-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 1 • • • PART IV PROGRAM NARRATIVE STATEMENT PARALLEL TAXIWAY DRAKE FIELD FAYETTEVILLE, ARKANSAS The proposed improvements are located at Drake Field, Fayetteville Municipal Airport, Fayetteville, Arkansas. The objective of these improvements is to provide a parallel taxiway addition, in accordance with the Master Plan Update completed in June 1999. 1. The design services for a partial parallel taxiway on the east side of the runway to serve the USDA Forest Service Fire Fighting Tanker Base. J:N2002\022103tcorrespondence narrative.wpd ZLI•LOS O • F 3 F to 1 o Z O Z!- :m OC O= •O C 0+N< ry O i lel 0 11 1 1 • .0 £I • z z 1 U O F N U gyp• Y 0 F d C4 `w 0 O 0 Ii d u 00 H N N-1 H Ol N W O N W. CU .1 k] Q F (1 2 M 1n Z O H F- N `] -4 H w o• Q iL Z Z 0 g 4 FEE SIMPLE U C Z < Ca 41 IL z Z U uJ Z • 1-< Z O u c O Z Z J CO • • • • PART V ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development. airport planning, and noise compatibility program grants 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 'nue 49, U.S.C., subtitle VII, as amended. As used herein, the term -public agency sponsor' means a public agency with control of a public -use airport; the term -private sponsor' means a private owner of a public -use airport; and the term-sporisor 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 part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for en airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport Is used as an airport. There shag be no limit on the duration of the teens, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the CMI Rights assurance shall be specified in the assurances. 2. Airport Development or Noise 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 useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shag be no less than ten (10) years 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 1, 2, 3. 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions. and assurances of the grant agreement shag remain in fug force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders. policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a). et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201 et sea. d. Hatch Act - 5 U.S.C: 1501 et seo.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601 21 222,1 1 2 f. National Historic Preservation Act of 1966 - Section 106. 18 U.S.C. 470(1).1 ' O. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. I. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L 93-205. as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Titre 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabiltation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI -42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L 95-341, as amended. q Architectural Baniers Act of 1968 -42 U.S.C. 4151 et seo.1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327 et sea) L Copeland Antildckback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 gt aeq,t v. Wgd and Scenic: Rivers Act, P.L. 90542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg? x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Assurances (9/99) V-1 • Executive Orders Executive Order 11246 Executive Order 11990 Executive Order 11998 Executive Order 12372 Executive Order 12699 Executive Order 12898 • - Equal Employment Opportunity) - Protection of Wetlands — Flood Plain Management - Intergovernmental Review of Federal Programs. - Seismic Safety of Federal and Federally Assisted New Building Construction) - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 e. 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 States) f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).) h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 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. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.) 2 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance.) 49 CFR Part 29 — Govemment wide debamient and suspension (non -procurement) and govemment wide requirements for drug- free workplace (grants). 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.1 9. k. m. n. a. P• q. Office of Management and Budget Circulars A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. a. D A-133 - Audits of States, Local Govemments, and Non -Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Govemments receiving Federal assistance. Any requirement levied upon State and Local Govemments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor. It has legal authority to apply for the grant. and to finance and carry out the proposed project; that a resolution, motion or similar actionhas been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor. It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein: to act in connection with 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 the project costs which are not to be paid by the United States. It as 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, a public agency or the Federal govemment, holds good title. satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good tine satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. Airport Assurances (9/99) V-2 • • 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any o1 the dghts and powers necessary to perforin any or all of the terms, conditions. and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber. or otherwise transfer or dispose of any part of its title or other Interests In the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended. for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. 11 the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall Insert In the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the temts, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that govemment to the same terms. conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local govemment ff Were is substantial nonrampllance with the teens 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 noncompliandewith the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for 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 Title 49, United States Code, the regulations and the teens, conditions and assurances In the grant agreement and shall Insure that such arrangement also requires compliance therewith. • 6. Consistency with Local Plans. The project Is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 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 decision to undertake any airport development project under Title 49, United States Code it has undertaken reasonable consultations with affected parties using the airport at which project Is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a ma or 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 carded out by the community and It shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project Is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension. or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shag be provided within stilly days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect 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 use 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 use airport, as defined In Title 49. It has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by nits 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 cancer aircraft. 13. Accounting System. Audit. and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant the total cost of the project in connection with which the grant is given or used, and the amount 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. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination. any books, documents. papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. Airport Assurances (9/99) V-3 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any 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 47112 of Title 49. United States Code. However. this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, 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 and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall sub'ect the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will fumish 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 material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public. and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will, give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. t will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States. shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to cfmatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further. nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, 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 w411 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. Airport Assurances (9/99) V-4 • 22. Economic Nondiscrimination. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities. including commercial aeronautical activities offering services to the public at Lhe airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person. firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public al the airport. the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable. and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly, discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees. rentals, and other charges as am 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 carder using such airport sha0 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 carder at such airport. e. Each air carder using such airport (whether as a tenant, nontenant, or subtenant of another air carder 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 re ated to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar fac lities, subject to reasonable classifications such as tenants or nontenants and signatory carters and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air caller assumes obligations substantially similar to those already imposed on air carders in such classiflwtlon or status. 1. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not Whited to maintenance, repair, and fueling] that it may choose to perform. 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 commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable. and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. I. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It wig 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 more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air caller operations, aircraft sales and seMces. sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49. United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and 'services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. taking Into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an a rport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, 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 basis in establishing fees, rates, and charges for users of that airport. a. • • g. Airport Assurances (9/99) V-5 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operators financing, provide for the use of the revenues from any of the airport owner or operators facilities, including the airport, to support not only the airport but also the airport owner or operators 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. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the useof airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 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; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or 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, adversely affect the safety, utility or efficiency of the airport. Airport Assurances (9/99) V-6 0 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 the airport and which Is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where 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 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' sham of acquisition of such land will, at the discretion of the Secretary. 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land Is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United 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 eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as raise 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 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 continues to be used for that purpose, such use having commenced no later than December 15. 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract. or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project In the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement 'prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period In which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and 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 approved by the Secretary including but not limited to the advisory circulars listed in the Curren) FAA Advisory Circulars for AIP projects, dated 7/1/99 and Included In this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided In acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E 01 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. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex In the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference In this agreement Implementation of this program is a legal obligation and failure to cany out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may Impose sanctions as provided for under Part 26 and may, In appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil RemediesAct of 1986 (31 U.S.C. 3801). Airport Assurances (9/99) V-7 i 0 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/99 The following apply to both AIP and PFC Projects NUMBER TITLE 70/7460-1J Obstruction Marking and Lighting 150/5000-13 Announcement of Availability —RICA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5210-5B Painting,Marking and Lighting of Vehicles Used on an Airport 150/5210.78 Aircraft Fire and Rescue Communications 150/5210-13A Water Rescue Plans, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue & Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Drivers Enhanced Vision System (DEVS) 150/5220-48 Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-108 Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-13B Runway Surface Condition Sensor Specification Guide 15015220-16B Automated Weather Observing Systems for NonFederal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20, CHG 1 Airport Snow and Ice Control Equipment 150/5220-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5300-13, CHG 1, 2, 3, 4, 5 Airport Design 150/5300-14 Design of Aircraft Deicing Facilities 150/5320-5B Airport Drainage 150/5320-6D Airport Pavement Design and Evaluation 150/5320-12C Measurement Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-16 Airport Pavement Design for the Boeing 777 Airplane 150/5325-4A, CHG 1 Runway Length Requirements for Airport Design 150/5340-1G Standards for Airport Markings 150/5340-4C. CHG 1 & 2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems 150/5340-5B, CHG 1 Segmented Circle Airport Marker System 150/5340-14B. CHG 1 & 2 Economy Approach Lighting Aids 150/5340-17B Standby Power for Non -FAA Airport Lighting Systems 150/5340-18C, CHG 1 Standards for Airport Sign Systems 150/5340-19 Taxiway Centerline Lighting System 150/5340-21 Airport Miscellaneous Lighting Visual Aids 150/5340-23B Supplemental Wind Cones 150/5340-24, CHG 1 Runway and Taxiway Edge Lighting System 150/5340-27A Air -to -Ground Radio Control of Airport Lighting Systems 150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-7D. CHG 1 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits Airport Assurances (9/99) V-8 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/99 NUMBER TITLE .150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 150/5346-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26B,. CHG 1 & 2 Specification for L823 Plug and Receptacle, Cable Connectors 150/5345.27C Specification for Wind Cone Assemblies 150/5345-28D, CHG 1 Precision Approach Path Indicator (PAPI) Systems 15015345-39B, CHG 1 FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers 15015345-42C, CHG I Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43E Specification for Obstruction Lighting Equipment 150/5345-44F, CHG 1 Specification for Taxiway and Runway Signs 150/5345-45A Lightweight Approach Light Structure 150/5345-46A Specification for Runway and Taxiway Light Fixtures 150/5345.47A Isolation Transformers for Airport Lighting Systems 150/5345-49A Specification L854, Radio Control Equipment 150/5345.50, CHG 1 Specification for Portable Runway Lights 150/5345-51, CHG 1 Specification for Discharge -Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5345-53A, (including addendum) Airport Lighting Equipment Certification Program 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12A Airport Signing 8 Graphics 150/5360-13, CHG 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2C Operational Safety on Airports During Construction 150/5370-t0A CHG 1, 2, 3, 4, 5, 6, 7, 8,9 Standards for Specifying Construction of Airports 150/5390-2A Heliport Design 150/5390-3 Vertiport Design The following apply to AIP Projects only NUMBER TITLE 150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects • 15015200.30A, CHG 1 & 2 Airport Winter Safety and Operations 150/5200-33 Hazardous Wildlife Attractants On or Near Airports 150/5300-15 Use of Value Engineeringfor EngineeringDesi n of Airport Grant Projects 150/5370-11, CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-6B Construction Progress and Inspection Report -Airport Grant Program The following apply to PFC Projects only NUMBER TITLE 150/5000-12 Announcement of Availability - Passenger Facility Charge (PFC) Application (FAA Form 5500-1) Airport Assurances (9/99) V-9 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 (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and all requirements 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 excluded 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 necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning Project No. AlP 4_OS_nn7n-3w}(hereinafter referred to as the Project) that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the following notification in all solicitations for bids issued in connection with the Project and in adapted form in all proposals for negotiated agreements: City of Fayetteville in accordance with Title VI of the Civil Rights Act of 1964 (.42 U.S.C. 2000d et seq.) and 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of.. -Transportation, hereby notifies all bidders that it will affirmatively assure that minority business enterprises are afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 6. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, Page 1 leases, permits, licenses, and similar agreements entered into by the Sponsor 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 improved with Federal financial assistance under this Project. 7. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during, which the Sponsor retains ownership or possession of the property. 8.. It win 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 participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance, 9. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and ibis assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance 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 8 -5— U ?-- Attachments l and 2 City of Fayetteville (Sponsor) By L� (Signature of Author d Official) Dan Coody, Mayor Page 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACMIENT I TO STANDARD DOT TITLE VI ASSURANCE 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 nondiscrimination 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 as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contract, shall not discriminate and retention of subcontractors, contractor shall not participate Section 21.5 of the Regulations, set forth in Appendix B of the Re contractor, with regard to the work performed by it during the on the grounds of race, color, or national origin in the selection including procurements of materials and leases of equipment. The either directly or indirectly in the discrimination prohibited by including employment practices when the contract covers a program �gulations. 3. Solicitations for Subcontracts Including Pro solicitations either by competitive bidding or negotat performed under a subcontract, including procurements potential subcontractor or supplier shall be notified tions under this contract and the Regulations relative color, or national origin. .ru,GuM41s.0 oa naterials ana tgulpwent. In all ion made by the contractor for work to be of materials or leases of equipment, each by the contractor of the contractor's obliga- to nondiscrimination on the grounds of race, 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities.as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or 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 nondiscrimination 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 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, in the event a contractor becomes involved in, or is threatened with, litigation wit contractor or supplier as a j'esult of such direction, the contractor may request the enter into such litigation to protect the interests of the sponsor and, in addition, may request the United States to enter into such litigation to protect the interests States. h that at a sub - sponsor to the contractor of the United CLAUSES FOR DEEDS, LICENSES, LEASES PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 to STANDARD DOT TITLE VI ASSURANCES The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by City of Fayetteville pursuant to the provisions of Assurances 6 (a) and 6 (b). 1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, 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 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 Department of transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permitee,, etc.; as appropriate) for himself, his personal representatives, 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 par- ticipation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any Improvements 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, or 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. (11-82) Certification for Contracts Grants Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. , (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than 5100.000 fof) each such failure. $ Sponsor's Authorized Represypit4tive Dan Coody, Mayor ted 3 CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS 1. The sponsor certifies that it will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The sponsor's policy of maintaining a drug -free workplace; (3) Any available drug counseling; rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement requirement by paragraph a; d. Notifying the employee in the statement required by paragraph a. that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. e. Notifying the Federal Aviation Administration within 10 days after receiving notice under subparagraph d(2), from an employee or otherwise receiving actual notice of such equipment; f. Taking one of the following actions within 30 days of receiving notice under subparagraph d(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such employees, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs, a through f. 2. The sponsor shall insert in the space provided below the site(s) for the performance of the work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Drake Field Fayetteville, Washington County, Arkansas 72701 a COPY, APPLICATION FOR OMB Approval No. 0348.0043 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier July 26, 2002 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier RpUcation Preapplication U Construction ❑ Constnrcton 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier �r Non -Construction Non-ConstructIon +' L&-3-OS-007.11.3aD 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Fayetteville Airport Division Address (give dty, county, State, and zip code): Name and telephone number of person to be contacted on matters involvin Fayetteville Municipal Airport this application Iveamacode) Ray Boudreaux, Director of Aviation & Eco Dev 4500 S. School, Fayetteville, AR 72701 479-718-7642 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter In box) 7 1- 6 0 1 8 4 6 2 ii A. State H. Independent School Dist. B. County 1. State Controlled Institution of Higher Learning 8. TYPE OF APPLICATION: ® New ❑ Continuation ❑ Revision C. Municipal J. Private University D. Township K. Indian Tribe If Revision, enter appropriate letter(s) In box(es) ❑ ❑ E. Interstate L. Individual F. Intermunicipal M. Profit Organization A. Increase Award B. Decrease Award C. Increase Duration G. Special District N. Other (Specify) ___ D. Decrease Duration Other(spedry): 9. NAME OF FEDERAL AGENCY: DOT FAA SW Region, Fort Worth, TX 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: 2 0 -Ii I 0 6 Taxiway "A" Extension - Design & Engineering TITLE: Airport Improvement Pmgram(AlP) 12. AREAS AFFECTED BY PROJECT(Citles• Counties. States. etc.): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 9/1102 11/30/02 Third Third 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 105,057 a. YES. THIS PREAPPUCATIOWAPPUCATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ 5,837 PROCESS FOR REVIEW ON: c. State $ 5,836 DATE d. Loral $ b. No. O PROGRAM IS NOT COVERED BY E. O. 12372 D OR PROGRAM HAS NOT BEEN SELECTED BY STATE e. Other $ FOR REVIEW I. Program Income $ .00 17.15 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If "Yes," attach an explanation. ® No g. TOTAL $ 116,730 I& TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPUCATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. 1 a. Type Name of Authorized Representative b. Title fj ! /. a Telephone Number Dan Coody Mayor (479)575-8330 d. Signature of Authorized Representative e. Date Signed Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev. 7-97) Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 0a -R0209 PART II • SECTION C (Continued) 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 hold, 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 followinu areas of land* which are to be developed or used as part of or in connection with the Airport as it will lie upon completion a 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 6'the area numbersshownon the property map. FAA Form 5100-100 (4.76) Page 3b so 4 - DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04.R0209 PART II - SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: I. 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 2607. 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 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 imoosible 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 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 of which areas are identified on the aforementioned property map designatgd as Exhibit "A": The, Sponsor hold fee simple title to Tract A and easements shown in Tract B of the attached property map, Exhibit "A". Title for Tracts A and B were approved under previous projects. Status has not changed since approval. Land and easements acquired under AIP 3-0020-05-11 6 15 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 ana tut ana tot of every kind and nature, including liens, easements, leases, etc. area numbers shown on the property map. FAA Form 5100-100 (4.76) for each all exceptions, encumbrances, and adverse interests separate areas of land need only be identified here by the Page 3a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION WAD NO. SO-Ralr4 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Name of Governing Body Priority Rating Nome of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? ' x Yes Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X Item 5. Is the proposed project covered by an approved comprehensive plan? Yes X Item 6. Will the assistance requested serve a Federal installation? Yes X No Name of Approving Agency Date No Check one: State Local Regional No Location of plan Name of Federal Installation No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Nome of Federal Installation or installation? Location of Federal Land_ Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect on the environment? Yes X No Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or forms? Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? See instruction for additional information to be provided. Number of: Individual s Families Businesses Farms See instructions for additional information to be provided. X Yes No FAA Form 5100.100 (6-731 SUPERSEDES FAA FORM 5100-10 PAGES I THRU 7 Pane DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 0 oMe NO. e0 -Roles PART BUDGET INFORMATION - CONS I ilON SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No-. - 20:106 2. Functional or Other Breakout ........... . . . . . . . . . SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only far revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 2. Preliminary expense 3.. Land,structures, right-of-way 4. Architectural engineering basic fees 53,880 5. Other architectural engineering fees Testing 13,070 6. Project inspection fees 49 78 0 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 116,730 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 116 .730 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 116,730 20. Federal Share requested of Line 19 .. 105,057 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 105,057 23. Grantee share 5,837 24. Other shares 5.836 25. Total project (Lines 22.23 & 24) $ $ $116,730 FAA Farm 5100-100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES I THRU 7 In OFPAPTMFNT OF TRANSPORTATION - FEDERAL AVIATION ♦DMIMISTaATIn. Due NO 6: : s -- SECTION C — EXCLUSIONS 26 Classification Ineligible for Participation 1 Excluded from Contingency Provision (2) o. $ $ b. c d. C. I. q. Totals S S SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S a. Securities b. Mortgages c. Appropriations (By Applicant) 5,837 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL — Grantee share 5,837 1 28. Other Shares a. State 5,836 b. Other c. Total Other Shares 29. TOTAL S 11.673 SECTION E — REMARKS VAST IV PROGRAM NARRATIVE (Attach — See Instructions) 5100.100 (6-731 SUPERSEDES FAA FORM 5100-10 PAGES I TXRU 7 Page 5 N a PART IV PROGRAM NARRATIVE STATEMENT PARALLEL TAXIWAY DRAKE FIELD FAYETTEVILLE, ARKANSAS The proposed improvements are located at Drake Field, Fayetteville Municipal Airport, Fayetteville, Arkansas. The objective of these improvements is to provide a parallel taxiway addition, in accordance with the Master Plan Update completed in June 1999. 1. The design services for a partial parallel taxiway on the east side of the runway to serve the USDA Forest Service Fire Fighting Tanker Base. J120021022103korrespondencenarrative.wpd N O N V C Z W E ' W WE- f/1 z O I-. I -— y _ d 4 - < Cs. - F s- zy y U XL) V 1-. C 'AA r O 1 e N z F O Z F J m U,-'- Rl d 1<1-. Ci3 iv = F -r F y U , W IL J 7_ U = (-.O. -1 CO m u -c X 0 MJC H m -u Cd aw l a < u v Z y tp — . C O @10 eo u u F m ✓ Z n F CI- - - w H y w 00 C 6 6 F < O Z Uz t, ul O m F-• z Z O H • F U) y pa d N >- 6 m N V l F U y O Cs) U y ~ W . V K O y O fa F w [� \ < >41s) < Z Z N = Cz OP.l&4 -- HOy w w w < Z < a. c < LULL ul z V LU L < S Lu F F a < C w u y L•1 O. L U u y z c In L c _. 3 -J Co >_J U— < � C z O N F O za w sr r'a• .a va• I. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning and noise compatibility program grants to airport sponsors. 2. These assurances arc required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term public agency sponsor means a public agency with control of a public -use airport; the term private-ponsor owner of a public -use airport; and the term sponsor includes public sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances art incorporated in and become pan of the grant agreement. Ii DURATION AND APPIJCAI7((I(Y. L Airport DexJopmeat or Noise Compatbt7ity Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the gent agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds (or the project. However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. 2 Airport De elopmcat or Noise Compatibility Program Projects Undertaken by a Private Spoowr. The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years from the. date of the ameptance of Federal aid for the project. 3. Airport Planning UndaUhea by • Spmaor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, I8, 30, 32, 33, 34, and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C SPONSOR CERTIFICATION. The sponsor hereby assures and certifies, with seaport to this grant that: L General Federal Rcgthtn rata. It will comply with all applicable Federal law., regulations, eaectrtive.otdera, 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; Podesal Lcg4fion a. Federal Aviation Art of 1958 - 49 U.S.C 1301, eta. b. Davis -Bacon Act -40 U.S.C 276(a), et seq..' c. Federal Fair Labor Standards Act 0(1938-29 US.C 201, et Eq. d. Hatch Act -5 U.S.C. LS01, et sry..s c. Uniform Reloation Assistance and Real Property Acquisitica Policies Act of 1970 - 42 U.S.C 4601, eta.' "" C. National Historic Preservation Act of 1966 - Section 106-16 U.S.C 470(f).' g Archeological and Historic Preservation Act of 1974. 16 U.S.C. 469 through 469C' h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012..' 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. t Aviation Safety and Noise Abatement Act of 1979,49 U.S.C. 2101, U M. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et see. m. Architectural Barriers Art of 1968 -42 US.C 4131, et se q.e n. Airport and Airway Improvement Act of 1982, as amended - 49 U.S.C. 2201, et s_gc . o. Powerplant and Industrial Fuel Use Act of 1978 -Section 403 - 2 U.S.C 8373.' p. Contract Work Hours and Safety Standards Act -40 U.S.C 327, et q. Copeland Antikickbaek Act - 18 US.C 874.' r. National Environmental Policy Act of 1969 - 42 U.S.C 4321, et sea .' L Endangered Species Act - 16 U.S.C t. Single Audit Act of 1984 - 31 U.S.C 7501, et u. Drug-Prce Workplace Act of 1988 - 41 US.C 702 through 706. v. Aviation Safety and Capacity Expansion Act of 1990. Enoamive Orders, Executive Order 12372 -Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity' Federal Regulations a. 49 CFR Part IS - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.' b. 49 CFR Part 20 - Restrictions or Lobbying Airport Assurances (7-91) Page 1 0 PP -A -I M S c. 49 CFR Pan 21 • Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. d. 49 CFR Pan 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. e. 49 C1R Pan 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally assisted Programs.' ^" f. 49 CIR Pan 27 - Non -Discrimination on the Basis of handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' 49 CFR Pan 29 - Debarments Suspensions and Voluntary Exclusions. h. 49 CFR Pan 30- Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. i. 29 CFR Pan I - Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3- Contractors or Subcontractors on Public Buildings or Public Worts Financed in Whole or Pan by Loans or Groats from US.' L 29 (7'R Pan 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction.' I. 41 CFR Pan 60- Office of Federal Contract Compliance Programs, Equal Employment Opportunity. Department of Labor (Federal and Federallyassisied Contracting Requirements).' m. I4 CiR Pan 150 • Airport Noise Compatibility Planning. ((floc of Management and Budged Circulars (OMB)h a. A -Si - Cost Principles Applicable to Grants and Contracts with State and Local Governments.' b. A-128 - Audits of State and Local Governments.' `Ihcsc laws do not apply to airport planning sponsors. 'these laws do not apply to private sponsors. '49 OR Part 18 and OMB Circular A-87 contain requirements (or State and local governments receiving Federal assistance. Any requirement levied upon State and local g vrnmeots by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement An of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2 Responsibility and Authority of the Sposa or. a Public Apmcy Sponsor. It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required b. Pmatc Sponsor. It has legal authority to apply for the grant and to finance and any out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to jilt this application, iaduding AU understandings and assurances contained therein; to act in connection with the application; and to provide such additional information as may be required. I Sponsor Fund Availability. It has• sufficient funds available for that portion a( the project costs which an 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 Tale. a. It holds good title, satisfactory to the Secretary, to the landing ants of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good tide satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers a. At will not sake or permit any action which would opcnte to dcpme it of any of the rightsand powersnecessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a runner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any pan of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, (or the duration of the terms, conditions, and assurances in the gnat agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions, and assurances contained in this grant agreement. Airport Assurances (7-91) Page 2 of 9 PP -A -I N M c. For all noise compatibility program projects which are to be carried our by another unit of local government or art on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secetary, that agreement shall obligate that government to the tame terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA (or a want 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 terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into ad 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 them is substantial noncompliance with the terms of the agreement. c. If the sponsor is a private spowsor, 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 that assurances. !. 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 ensure That the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982. the regulations and the terns, condilions and assurances in the grant agreement and shall ensure that such arrangement also requires compliance therewith. f. Cgcrsae7 with Local Plane The project is reasonably consistent with plans (existing at the lime of submission of this application) of public agencies that ate authorized by the state in which the project is located to plan for the development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. 7. Consideration of Ind Interest It has given fair consideration to the interest of communities in or near which the project may be located. & Cooswldtim with then In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 1982, it bas undertaken reasonable consultations with affected parties using the airport at which the project is pfd . 9. Psbfic lkariogs In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity (or 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 and objectives of such planning as has been carried out by the community. It shall, when requested by the Sccretuy, submit a copy of the transcript of such bearings to the Secretary. 10. Ak and Water Quality St. In projects involving airport location, a major runway extension, or„nuaway location it will provide for the Governor of the state in which the project is located to certify in writing to the Ser etasy that the project will be bated, designed, constructed, and operated ao as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the FAviroamental Protection Agency, unification shag 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. 1L Local Approval In projects involving the construction or extension of any runway at any general aviation airport located astride a fine separating two counties within a single state, it has received approval for the project from the governing body of all villages incorporated under the laws of that state which are located entirety within five miles of the nearest boundary of the airport. 12 Terminal Development Psestquidta for projects which include terminal development at a public airport, it has, on the date of submittal of the project gnat application, all the safety equipment required for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for aces to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier ai.raft. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, (or the purpose of audit and examination, any books, documents, papers, and records of the recipient that arc pertinent to the grant The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the pant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year (or which the audit was made. Airport Aauranees 1 Page 3i 9 PP -A -I • a 14. Minims® Wage Rate. It shall include, in all contracts in excess of 52,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of rages, to be predetermined by the Secretary of labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276x -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veterans Prefenac . It shall include, in all contracts for work on any projects funded under the grant agreement which involve labor, such provisions as arc necessary to ensure that, in the employment of Labor (except in exautive, administrative, and supervisory positions). preference shall be given to relent of the Vietnam cos and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to flans and Spori6cKdon. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans. specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this gnat agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 17. Construction Inspection and Approval It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construccioo work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. Ill Planning Psojcd. In carrying out planning projects: a. It all execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United State. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. ... f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any partof this project u well as the right to disapprove the proposed scope and oust of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsors employees to do all or any part of the project. Is. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Mainteoaoee 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 nconaeronautical purposes must rust be approved by the Secretary The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies (or maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In funhcrancc of this assurance, the sponsor will have in effect at all times arrangements for — (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. Airport A.ssunnees (7-91) Page 4 of 9 PP -A -I a a b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon Which Federal funds have been expended. 20. award R®oraf sad Mitigation. It will take appropriate anion to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, reloating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible L ost Use It will take appropriate anion, 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 airmft. 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 respect to the airport, of the noise compatibility program measures upon which :'.:dent funds have been expended. e ,. a. It will make its airport available as an airport for public -use on fair and reasonable terms and without unjust discrimination, 10 all types, kinds, and classes of aeronautical uses. b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to — (I) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, reasonable, and not unjustly discriminatory prices (or each unit or service, provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -baud 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 lazed -based operators making the same or similar uses of such airport and utilizing the tame or similar facilities. d. Each air caner using such airport shall have: the right to service itself or to use any fazed -based operator that is authorized or permitted by the airport to serve any air caner at such airport. c. Each air carrier using such airport (whether as a tenant, noctenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially eomparabk rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable daaifaatians such as tenants or contestants and signatory carriers and Pontignatory cardete Qaaifaacion 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 daaifcatioes or status. f. It will not exercise or grant any right or privilege which operates to present any person, rum, or corporation operating aimaft on the airport from performing any services on its own aileraft with its own employees (including, but mot limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be.provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. I The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action Is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 21 Fsasoovc Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fazed -based operator shall not be construed as an exclusive tight if both of the following apply. a. It would be unreasonably costly, burdensome, or impractical for more than one fared -based operator to provide such services, and b. If allowing more than one fazed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport It further agrees that it will not, either directly or indirectly, grant or permit any person, rum or corporation the exclusive right at the airport, or at my other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, ask of aircraft pans, and any other activities which because of their direct relationship to the operation of aircraft can be regarded a 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 my assistance under the Airport and Airway Improvement Act of 1982 Airport Assurances (7-91) Page 5 of A I 0 S 24. Pec and Rental Structure It will maintain a (cc and rental stru[ture consistent with Assurances 22 and 23, (or the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection. No pan of the Federal share of an airport development, airport planning, or noise compatibility project for which a grant is made under the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. 25. Airport Rc.enoe. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which arc awned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or Property; or (or noise mitigation purposes on or off the airport. Provided, however, that if covenants or assunnas in debt obligations issued before September 3, 1982 by the owner or operator of the airpo-', 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 ibis 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 Inspmiote It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 27. Use of Go vnmmz Aircraft It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, (or the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to cost when operations of such aircraft are in excess of those which, in thc the Opin onmof the nth Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any a. Five (5) or more go ertmtcnt aircraft are regularly based at the airport or on hand adjacent thercttr, or b. 73c total number of movements (counting each landing as a movement) of government aircraft is 300 or more, or the gross accumulative weight of government aircraft using the airport (the total movements of government aircraft multiplied by grog weights of such aircraft) is in eaess of five million pounds. 2s. Land fr: Foda.l P.dEtJC. It will furnish without cost to the Federal Government for use In connection with any air traffic control or air mavigadon activities, or we. the u -reporting and commuaiotion activities related to air traf6e control, any areas of land or water, or estate therein, or tights in buildings of the sponsor as the Secretary considers newsy or desirable for cons ruction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such area or any portion thereof will be muds available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all otsite areas owned or controlled by She sponsor for airport purposes and proposed additions thetuo; (2) the location and nature of all casting and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and coadb), including all proposed extensions and reductions of existing airport facilities; end (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approve] shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities which are 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. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any Federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested by the secretary (I) eliminate such adverseeffect in a manner approved by the Secretary, or (2) bear all moats of relOcasatlmj such property (or replacement thereof) to a site acceptable to the Secretary and all emu 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. Airport Assurances -91 Page 6 of 9 P A I 0 S 30. Gnl Rights. It will comply with such rules as arc promulgated to assure that no person shall, on the grounds of net, creed, color, national origin, Sc; 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 oldie 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. Dispool of Lind- a. For land purchased under a grant for airport noise compatibility purposes, it will, when the land is no longer needed for such purpose, dispose of such land at fair market value at the earliest practicable lime. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. h (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States proportionate sham 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, 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 it no such eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial selfsutfiicncy of the airport. Further, land purchased with a grant iucived by an airport operator or owner before December 31, 1987, will he considered to be needed for airport purposes it 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 land, did not object to such use, and the land continues to be used for that purpose, such use having commenced not later than December IS, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with the operation of the airport 32. a _moving and Dedgu Sevin 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 True IX of the Federal Property and Administrative Scrvion Act of 1949 or an equivalent qualifications -based requirement presented for or by the sponsor of the airport. 33. Foreign Market Rashirsim 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, Staodasda, and Spodfa6boa It will arty out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory cimrtass listed in the •Current FAA Advisory Qreulans for AIP Projects, dated July 29, 1991, and included in this grant, and in accordance with applicable state policies, standards and specifications approved by the Secretary. 35. Relocation arid Rest Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 QrR Pan 24 and will pay or reimburse property owners for accessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts D and E of 49 CFR Pan 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CPR Part 24. 34 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 Pan 29 by (1) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession or use of a euntrolled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against its employees for violation of such prohibition: (2) establishing a drug -free awareness program to inform its employees about the dangers of drug abuse in the workplace and any available drug counseling, rehabilitation, and employee assistance programs: (3) notifying the FAA within tea 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. Airpnn Assurances (7.91) Page 1 o 9 -A.1 M a CURR(3i FAA ADVISORY C(RCUTARS FOR ALP PROJEC(S Inectise Date July 29. 1991 NUMBBRt SURIF,Cr 70/7460-IG Obstruction Marking and Lighting 150/510-148 Architectural. Engineering, and Planning Consultant Services for Airport Grant Projects Cite, 1 150/5200 -JO Airport Winter Safety and Operations DIG I R2 150/5210-5B Painting. Marking and Lighting of Vehicles Used on an Airport 150/5210-70 Aircraft Fare and Rescue Communications 150/5210-14 Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue and Firefighting Station Building Design 150/5220.4A Water Supply Systems (or Airrnft Pre and Rescue Protection 150/5220-10 Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks CIIG I k2 150/522D. 1 1 Airport Snowblower Specification Guide 150/5221-12 Airport Snoseeper Specification Guide 150/5220-t3A Runway Surface Condition Sensor Specification Guide 150/5220.14A Airport Fire and Rescue Vehicle Specification Guide 150/5220-15 Buildings for Storage and Maintenance of Airport Snow Removal and Ice Control Equipment: A Guide 150/5220-16 Automated Weather Observing Systems for Non -Federal Applications 150/5220-17 Design Standards (or Aireuif Faze -fighting Training Facilities 150/5313 00. Airport Design 150/5320-58 Airport Drainage 150/5320 -CC Airport Pavement Design and Evaluation CIIG Id2 150/5320-12A Measurement, Construction. and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5323-fA Runway length Requirements for Airport Design CHGI 150/5340-U' Marking of Paved Areas on Airports 150/5340-4C Installation Details for Runway Centerline Toucbdovn Tune fighting Systems CHO I&2 150/5340-5B Segmented Circle Airport Marker System Cl-la' 150/5340.146 Economy Approach Lighting Aids CHGIA2 150/5340-178 Standby Power for Non -FAA Airport Lighting Systems 150/5340-ISC Standards for Airport Sign Systems 150/5340.19 Taxiway Centerline lighting System 150/5340-21 Airport Miscellaneous Lighting Visual Aids 150/5340.238 Supplemental Wind Cones 150/5340.24 Runway and Taxiway Edge Lighting System CIO' 150/5340.27A Air -To -Ground Radio Contra of Airport Lighting Systems 130/5345-3D Specification for 4821 Panels for Remote Control of Airport Lighting 150/5345 -SA Circuit Selector Switch 150/5345-7D - Specification (or t824 Underground Electrical Cable for Airport Lighting Circuits C71G I 150/5345-IOE Specification for Constant Current Regulators Regulator Monitors 150/5345.12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Contra of Airport Lighting Circuits 130/5345-268 Specifications for 4823 Plug and Receptacle, Cable Connectors CIIG I & 2 150/5345-27C Specification for Wind Cones Assemblies 150/5345-ZBD Precision Approach Path Indicator (PAPI) Systems 150/5345.398 FAA Specification 1.853, Runway and Taxiway Centerline Retralective Markers GIG' I50/5345 -42C Specification for Airport Light Bases, Transformer Housings, Junction Boca and Accessories 150/5345-43D Specification for Obstruction Lighting Equipment 150/5345-44D Specification for Taxiway and Runway Signs 150/5345-45A Lightweight Approach Light Structure I50/5345a6A Specification (or Runway and Taxiway Light Fixtures 150/5345-47A Isolation Transformers (or Airport Lighting Systems 150/5345-49A Specification U894, Radio Control Equipment 150/5345-50 Spccifwation for Portable Runway Lights CHG I 150/5345-51 Specification for Discharge -Type Flasher Equipment CIIG 1 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5360.9 Planning and Design of Airport Terminal Facilities at Non -Hub locations 150/5360-12 Airport Signing and Graphics 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities at Non -Hub Locations 150/3370.2C Operational Safety on Airports During Construction Airport Assurances n91) Page 8019 PP -A -I M S CURRITff FAA ADVISORY CIRCULARS PDR AIP PRO BCIS (Cootioocd) NUN Di?LR SUDIVIC17 150/5370611 Construnion Progrt and Inspection Rcpon-Airport Grant Program 150/5370.10A Standards for Specifying Construnion of Airports 15!/537(-11 Use of Nondestructive Testing Devices in the [:valuation of Airport Pavemenu cm -S1 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5390.2 Heliport Design 150/5390-3 Vcnipon Design Airport Acsunnces (7.I) Page 9o(9 -A-I a a 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 (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CPR 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 excluded 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 necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning Project No. ATP 3-OS-0020-3c}(hereinafter referred to as the Project) that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the following notification in all solicitations for bids issued in connection with the Project and in adapted form in all proposals for negotiated agreements: City of Fayetteville - in accordance with Title VI of the Civil Rights Act of 1964 (.42 U.S.C. 2000d et seq.) and 49 CPR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of.. -transportation, hereby notifies all bidders that it will affirmatively assure that minority business enterprises are afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 6. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, Page 1 M M leases, permits, licenses, and similar agreements entered into by the Sponsor 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 improved with Federal financial assistance under this Project. 7. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during, which the Sponsor retains ownership or possession of the property. 8. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to wham he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 9. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and 'this assurance. IBIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance 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. Attachments l and 2 City of Fayetteville (sponsor) 8y .� (Signature of Author d Official) Dan Coody, Mayor Page 2 a a CONTRAC70R CONTRACTUAL REQUIREMENTS ATTACNMENT 1 TO STANDARD DOT TITLE VI ASSURANCE 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 nondiscrimination 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 as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contract, shall not discriminate and retention of subcontractors, contractor shall not participate Section 21.5 of the Regulations, set forth in Appendix B of the Rf contractor, with regard to the work performed by it during the on the grounds of race, color, or national origin in the selection including procurements of materials and leases of equipment. The either directly or indirectly in the discrimination prohibited by including employment practices when the contract covers a program !gulations. 3. Solicitations for Subcontracts Including Prc solicitations either by competitive bidding or negotat under a subcontract, including procurements potential subcontractor or supplier shall be notified tions under this contract and the Regulations relative color, or national origin. .....cwcuw us ndt.erle19 ano 6 Ui ment. In all lion made by the contractor for work to be of materials or leases of equipment, each by the contractor of the contractor's obliga- to nondiscrimination on the grounds of race, 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or 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 nondiscrimination 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 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any 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 sub- contractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 to STANDARD DOT TITLE VI ASSURANCES The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by City of Fayetteville pursuant to the provisions of Assurances 6 (a) and 6 (b). 1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, 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 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 Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permitee, etc.; as appropriate) for himself, his personal representatives, 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 par- ticipation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements 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, or 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 aajended. (11-82) M M Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 f each uch f, ilure. Signed Dated 3 Sponsor's Authorized Reprefl6z�tive Dan Coody, Mayor I CERTIFICATION REGARDING DRUG -FREE WORKPLAREQUIREMENTS 1. The sponsor certifies that it will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The sponsor's policy of maintaining a drug -free workplace; (3) Any available drug counseling; rehabilitation, and employee assistance programs; and • (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement requirement by paragraph a; d. Notifying the employee in the statement required by paragraph a. that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. e. Notifying the Federal Aviation Administration within 10 days after receiving notice under subparagraph d(2), from an employee or otherwise receiving actual notice of such equipment; f. Taking one of the following actions within 30 days of receiving notice under subparagraph d(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such employees, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs a through f. 2. The sponsor shall insert in the space provided below the site(s) for the performance of the work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) F 0• U.S Department of Transportation Federal Aviation Administration August 14, 2002 The Honorable Dan Coody Mayor of Fayetteville City of Fayetteville Fayetteville, AR 72701 Dear Mayor Coody: Southwest Region Fort Worth, Texas 76193-0000 Arkansas. Louisiana. New Mexico. Oklahoma. Texas IURad Enclosed are the original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No. 3-05-0020-030-2002 at Fayetteville Municipal Airport. This Grant Offer is financed from Fiscal Year 2002 funds and must be accepted on or before thirty days from Grant Offer, in order to be valid. After the Grant Offer has been accepted by resolution of the governing bodies of the Sponsor, executed, and certified, please return the original to us. The copy is for the Sponsor's files. Please ensure that the attorney reviews and dates this certification after the Sponsor's acceptance. The Federal Aviation Administration is constantly striving to improve efficiency in the management of AIP grants. We believe this is necessary in order to negate any criticism that AIP funds under grant are idle while other critical projects are not funded because of the shortage of funds. In this regard, we are emphasizing the requirement that all AIP projects be accomplished in a timely manner. This requirement is further specified in Condition No. 4 herein. One measurement that a project is progressing acceptably is the regularity that grant payments are being made or drawn down to reimburse for project accomplishments. When grant funds are drawn down regularly, this would prove that the funds are not idle. We request that, during the course of the project, the grantee request or draw down grant payments for project accomplishments every 30 days during the course of the project life. This 30 -day requirement can be waived when the accomplishments are not significant enough to warrant a grant payment, i.e., less that $10,000. However, a request for or a draw down of a grant payment will be required within 30 days after the end of each Federal fiscal year to cover all accrued grant costs from the prior fiscal year that have not been reimbursed and provide an accounting of the year end status of each project. Commitment to Excellence - Our Commitment to You 2 This procedure will promote better stewardship of the limited AIP funds. We sincerely appreciate your cooperation and look forward to working with you to complete this important project. Sincerely, c(4, Edward N. Agnew Manager, Arkansas/Oki o a Airports Development Office Enclosure (2) cc: Mr. John Knight, Director Arkansas Department of Aeronautics Adams Field, One Airport Drive, 3rd Floor Little Rock, AR 72202 Commitment to Excellence - Our Commitment to You AUG-08.2002 THU 04:50 PM FAY. MUN, AIRPORT A FAYETTELE 164E CITY OF FAYETTEYtLE, ARKANSAS DAN COODY, MAYOR AYJATION AND ECONOMIC DEVELOPMENT RAY U. BOUOREAUA. ORECTOR TO: Fayetteville City Council THRU: Staff Review FROM: Ray M. DATE: July 26, 2002 4797187645 P. 01 4SDO Sc bail Ave, SiUA F FayuiUle AR 12701 501.71.7642 SUBJECT: Grant Review — AIP 30, Taxiway "A" Extension Design & Engineering Background: The Airport Improvement Program (AIP) provides federal grant funding for Airport Improvements through DOT/FAA. The FAA will provide 90% funding for authorized projects. The grant application is for design and engineering services for the extension of Taxiway "A" on the east side of the Runway. This project is in conjunction with the planned USDA Forest Service firefighting base. The USDA facility portion of the aircraft parking ramp and accessway design is underway by that agency, and will necessarily be coordinated the Airport portion of the project. Funds for construction of the project are not available from the FAA at this time due to funding constraints resulting from 9/11/01 air security priorities. Future funding of the project is dependent on FAA approval of discretionary funding in the 2003 fiscal year. The total project cost is $116,730. 90% of the cost of the project will be reimbursed to the City through this grant. An additional 5% of the project cost is available through the Arkansas Department of Aeronautics. The remaining 5% will be paid with Airport funds. Budget Considerations: There is sufficient budget currently available in the budget line item for "New Federal Grant." If the grant is approved by the FAA, they will return a Grant Offer for acceptance by the City of Fayetteville. Requested Action: Staff requests the City Council to approve a Resolution giving prior -authority to the Mayor to accept the Grant Offer. This will expedite the processing of the Grant, and allow us to meet the FAA's August 30 deadline. RB/jn Attachments: SF 424 Grant Application FAYETTESWLE THE CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, MAYOR 4500 School Ave., Suite F Fayetteville, AR 72701 501.718.78@ AVIATION AND ECONOMIC DEVELOPMENT RAY M. SOUDREAUX, DIRECTOR TO: Fayetteville City Council THRU: Staff Review Committee FROM: Ray M. Boudreaux, Director DATE: July 26, 2002 SUBJECT: Grant Review — AIP 30, Taxiway "A" Extension Design & Engineering Background: The Airport Improvement Program (AIP) provides federal grant funding for Airport Improvements through DOT/FAA. The FAA will provide 95% funding for authorized projects. The grant application is for design and engineering services for the extension of Taxiway "A" on the east side of the Runway. This project is in conjunction with the planned USDA Forest Service firefighting base. The USDA facility portion of the aircraft parking ramp and a, cqg_ssway design is underway by that agency, and will necessarily be coordinated nthe irport portion of the project. Funds for construction of the project are not available from the FAA at this time due to funding constraints resulting from 9/11/01 air security priorities. Future funding of the project is dependent on FAA approval of discretionary funding in the 2003 fiscal year. The total project cost is $116,730. 95% of the cost of the project will be reimbursed to the City through this grant. An additional 5% of the project cost is available through the Arkansas Department of Aeronautics. The remaining 5% will be paid with Airport funds. Budget Considerations: There is sufficient budget currently available in the budget line item for "New Federal Grant." Requested Action: Staff recommends review & approval of the application for funding. In accordance with City policy, this is an informational item for the Fayetteville City Council. RB/jn Attachments: SF 424 Grant Application 40 MCEMccl EL LAND cONSULTING DFSICNFD TO SERVE ENGINEERS, INC. July 23, 2002 Mr. Ray Boudre uxp (J Airport Manag , Fayetteville nicipal Airport 4500 S. Sch of Suite F Fayetteville, AR 72701 Re: FAA Funding Application Eastside Taxiway Engineering Services Dear Mr. Boudreaux: w P.O. Box 1229 Fayetteville, Arkansas 72702-1229 507-443-2377 FAX 501-443-9241 Y':•.' A') 9-.1 ., �•�= In response to your request, please find the original of the FAA Funding Application for the engineering design for the parallel taxiway. Please have the Mayor sign and send to Mr. Don Harris at the FAA. Please advise if you need further information regarding this application. Sincerely, MOSLELLAND R)w ; R. Wayn JonE Vice Pr ident, ULTING ENGINEERS. INC. Enclosure: FAA Funding Application) J:\2002\022103\correspondence\bourdreaux-723.wpd:ch STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW X GRANT REVIEW For the Fayetteville City Council meeting of Izolo 2 - Ray M. Boudreaux Aviation & Economic Development Airport Name Division Department ACTION REQUIRED: Review and approve for submission to DOT/FAA. Forward to the Mayor for his signature. COST TO CITY: $116,730/(105,057) grant revenue $2,507,000 AIP #30 Cost of this Request Category/Project Budget Category/Project Name 5550.3960.7820 30 0 Airport Capital Exp Account Number Funds Used to Date Program Name o0n A _ I 2,507,000 Airport i� Project Number Remaining Balance Fund BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached Administrative Services Director GRANTING AGENCY: cnl z 00� Accounting Man er Date Intemal Auditor ate h7oY ADA Coordinator Dale ) 3o o Purchasing Officer Date STAFF RECOMMENDATION:tSP¢we... &0 I,1 -d.... Nov...C,1„ Cross Reference New Item: Yes No Prey Ord/Res #: Orig Contract Date: Orig Contract Number. Mayor Date O7i ft STAFF REVIEW FORM /� y� Page 2 Description: A�+ S? 30 6-.1-ocu l•e.�,.) Comments: Budget Coordinator: Accounting Manager: City Attorney: Purchasing Officer: ADA Coordinator: Internal Auditor: Reference Comments: FAYETTEVI!LE 0 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ray M. Boudreaux, Airport/Aviation & Economic Development From: Heather Woodruff, City Clerk Date: August 21, 2002 Please find attached a copy of Resolution No.125-02 authorizing airport staff to apply for and accept an Airport Improvement Program Grant (AIPG) from the U.S. Federal Aviation Administration for the Taxiway "A" Extension Project. Jam returning the original grant to you to be mailed to the FAA. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit Project No. 3-05-0020-030-2002 010 03 city o Fayetteville 8/23/2002 Update lex Maintenance • 16:52:43 Document Item Action Reference Date Ref. Taken Brief Description RES 8202002 125 AIRPORT IMPROVEMENT PROGRAM GRANT Enter Keywords........: RES. 125-02 AIRPORT STAFF AIRPORT IMPROVEMENT PROGRAM GRANT AIPG U.S. FEDERAL AVIATION ADM. $105.057.00 TAXIWAY TAXIWAY "A" EXTENSION PROJECT File Reference #......: MICROFILM security Class.........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: Retention Type: _ **** Active **** Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix systems Corp.