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120-04 RESOLUTION
• • • RESOLUTION NO. 1:20-04 A RESOLUTION AUTHORIZING THE AVIATION & ECONOMIC DEVELOPMENT DIVISION TO APPLY FOR AND ACCEPT AN AIRPORT IMPROVEMENT PROGRAM GRANT (AIPG) FROM THE U.S. FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $657,299.00; AND AN ARKANSAS DEPARTMENT OF AERONAUTICS GRANT IN THE AMOUNT OF $34,595.00 FOR THE TAXIWAY "A" & "E" EXTENSION PROJECT IN SUPPORT OF THE USDA FOREST SERVICE FIRE TANKER BASE 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 the Aviation & Economic Development Division to apply for and accept an Airport Improvement Program Grant (AIPG) from the U.S. Federal Aviation Administration in the amount of $657,299.00 and an Arkansas Department Of Aeronautics Grant in the amount of $34,595.00 for the Taxiway "A" & "E" Extension Project in support of the USDA Forest Service Fire Tanker Base PASSED and APPROVED this 3rd day of August 2004. ATTEST: la •, ,°G "peq,''p ••: -j • •P :FAYETTEVILLE _ Sc ` ssy•QKAN.J '';;1GTON``' .G By: O tritad SONDRA SMITH, City Clerk APPROVE By: DAN CO • DY, Mayor APPLICATION FOR FEDERAL ASSISTANCE • DAs0 Appre.at No. o3M-0OL3 2. bATE wwOTTEO July 2004 Acotrcant 4fntdip FY042110 1. MY Of wwtsswtc • MWacabon . ® Casnuction ❑ Non•coronnaon • Onnooticabwt ❑ Cautructcn O oat-Cr,.Ntctia, R OAT! AICtrVED t'r VTATE Stats Apyicatw, idantif4 AID -3-05-0020-032-2004 4. oaTn Atavt0 FT RDtRA♦. AOflcv Federal Identifier .L APltIG.MT I41FO11WT1ON LagN Naar. City of Fayetteville QOanization& Uni : Airport:Department Arians (Pin un. county. stn. are by rade). Airport Department 4500 S. School, Suite F Fayetteville, AR 72701 Name and taftphaN number of Or pawn to W m,twLd on mattss .carp Ulu worrest on (Din ant cel Ray Boudreaux, Director of Aviation 479-718-7642 l EMPLOY*A 101Iff1•ICA71ON NVYSIN ION1: 7. 1 6 0 1 8 -4 6 2 a TVK OF APPIJCAn0M ® w. 0 Continuation 0 R,.iaion ITRev ort alt- .00i0Priat. Isnr(s) in taint 0 A Ir,vra Anand _ B. Ososas• Antd G Y,a.us Duration D. Dorsa Owaten Otts. (specify): to CAtALOO OF FWCAAL oastsT1C Aaa1R7ANCt NUMSl : flat Airport Improvement 0 6 12. ANfAs AFPICTf •2PAOJ!CT (CODs. twurttiaa stars. stet. Washington County, Arkansas 7. TM Of APPLJCAMT: A. Stat. 8. Carty C. Yurti pr D. Toi.nn* E Y,rratat. F. Int.rrmfnitipaf O. Sac- District War WWD.oD.ian torten Dos) 'Ll N. bctsoo dsnt ScO ml Cit. L Slab Cootmtled Instrfuto, a Hips Lasting .L Ptinb Urwwaity K Mie, Tritan L .tdi.idu.l Y. Pettit Organiation N. Otte amen: R WYE OP MOLL Sat DOT FAA SW Region, Ft. Worth, TX 11- Df2CN1tTVt Tett OF Mall PAO.fECt: Extend Eastside Parallel Taxiway "A" to. connecting Taxiway "E" and construct - Taxiway "E" froth Runway to Taxiway "A" 11..tOP000D PROJECT: N. 00.011 sswNA! OrSTNWCTs O/: Stan Dab 8-15-04 Ending Dur 3-31-05 .. ADyic . Third a Project Third 1R EIROIA1fD IINIOtMO: D. F.dra1 i 657,2994m f 145.1:0 R Stab • 34,595-00 d Leat t A3 t .DD to i AMuCATION Wt CT TO NINIW W STAT! WCU IVE ONo011,772 MOCES$T a YES THIS PREAPPUCATIOWAPPUCATl3N WAS MADE AVAL&BLE TO TME STATE DaCUTlVE OPDER 12772 PROCESS FON REV1EW ON: DATE b NO. 0 PROORAY R NOT COVERED BY EO.12772 0 ON PROGRAM NAS NOT BEEN SQECTEID BY STATE FON REVIEW 1. Proper Irma. B m 9 TOTAL $ 692,039.D /7. t♦ rlt/ APPUCAMT DEUNJBfl a AMY FEDERAL COT 0 Yid • N 'MC Wadi an aglanniaL No 11. TO T1ta FtsT oP an prowunOS Ago sae. M.L. DATA N ntls AML2Canoa s••••• JUTIOsi Litt me AMO locator. Dm DOWS(NT NAF FEIN DIRT AVTl.0.t=aD BY 1M OMERIIItlo axY OP RN A►/UCAafl ANO TME AP.UCJJft raj COaa/tr WRN TIt Amami AsUUNANCtt W 1N! AFVSTANCE 1F AWARDED a ;Pad Nano a Ar thous R.pr.onbbt• Dan Coody d. Sgrsba. a I o O. Tris ayor R Taptsn. honor 479-575-8330 Authorized for Local Reproduction nal O°f Standard Form 222 racy 2451 P.iacrroed W 0148 CdC.la• A-102 • • • ARKANSAS DEPARTMENT OF AERONAUTICS APPLICATION FOR STATE AIRPORT AID The City/O=7 of Fayetteville , herein called "Sponsor", hereby makes application to the Arkansas Department of Aeronautics for Stat funds pursuant to Act 733 of 1977, for the purpose of aiding in Unarming project for'the development of a municipal airport located in the City of Fayetteville Arkansas, Washington County. Date of Request: July 16, 2004 Name of Airport: Fayetteville Municipal Airport (Drake Field) Name and address of City/County Commission sponsoring request: Person to Contact about project: 4500_South School, Suite F Ray M:. Boudreaux, Director Airport Department Fayetteville. AR 72701 Phone/KW Number: (479) 718-764 RICKMM91/Fax Number: (479) 718-7646 Name and address of Engineering Firm (If Applicable): McClelland Consulting. Engineers, Inc. 1810 N. College, P.O. Box 1229 Fayetteville, AR 72702-1229 Describe the work to be accomplished: Contact Person: Wayne Jones. Phone/Fax Number: (479) 443-2377 fax: (479) 443-9241 Extend east side parallel Taxiway and Construct connecting Taxiway to Runway (seeattached'"mdp)-and Bid Tabulation State and Local Project Costs: Please indicate: X 50-50% Match 75-25% Match X 95- 5%+ Match Total Cost of Project Local Share/Funds Local Share/In-Kind State Share Federal AIP Projects: N/A Total Cost of Project Federal Share (957,) Local Share • State Share (5%) 692,039 657.437 34,602 • • State Airport Aid Application Page Two Provide the information listed below as it applies to your project: Funds: Source of Funds FAA Grant (95%) Source of In -Kind Services Estimate starting date of project: 8-15-04 Estimate completion date of project: 3-31-05 Project will be for: New Airport Existing Airport x Is land to be leased or purchased? N/A Description of land and cost per acre: N/A Provide the Federal AIP Grant Number (AIP Projects Only) 3-05-0020-032-2004 State Representatives for your area: State Senator Sue Madison State Representative Bill Pritchard (District 8) • • State Airport Aid Application Page Three The sponsor agrees to furnish the Arkansas Department of Aeronautics a cop of the legal instrument affecting use of the property for an airport. In application for a new landing site or expansion of existing facility, the FAA Form 7480.1, Notice of Landing Area Proposal, must be approved by FAA before review for grant can be made by the state. No land purchased with State Grant Funds may be sold or disposed of without State Commission approval. All requests for sale or disposal of property will be considered on an individual case basis. No airport accepting State Grant funding may issue an Exclusive Rights Lease. All applications for navigational aids (such as NDB & ILS) must have FAA site approval before a state grant can be approved. All Grant applications involving Federal Airport Improvement Program (AIP) 'funding must be accompanied by the approved FAA application. If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all developments and construction shall meet standard FAA construction practices as outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a base and a thickness that will accomodate the weight of aircraft expected to operate at this airport. All grant applicants (City and/or County) are totally responsible for compliance with all Federal, State, County and City Laws, Statutes, Ordinances, Rules, Regulations, and Executive Orders concerning contracts and purchases for which this grant is approved andissued. All grant applicants must subit with their applications a completed Contract and Grant Disclosure and Cert fic t on Form. (Form F-1 - Pages 1 & al It is understood and agreed that should the sponsor fail to start this project within three (3) months of the Arkansas Department of Aeronautics' date of acceptance, that this grant is null and void. It is also agreed that this project, except FAA funded projects, shall be completed within one year from the date of acceptance of this grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if circumstances beyond the sponsor's control occur. Funds will be disbursed according to Department procedures and final inspection of completed project. (See Instruction page) IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly executed in its name, this day of July 2004 City of Fayetteville Name of Sponsor cc 0 I Z 0 U_ LL w W 0 U Z Q W c0 0 0 F z Q cc0 0 z Q 0 1- z 0 U CI N c Y_ rC 3 m A urchase agreement. or In obtaining a contract. lease result in a dela information ma Failure to complete all of the followin SUBCONTRACTOR NAME: 0 a Z z ❑ 0 m y NEJ FEDERAL ID NUMBER 0 TAXPAYER ID NAME: FIRST NAME: YOUR LAST NAME w 0 0 a r C Z 0 0 U N W 0, 0 1- Z cc 0 Wy O J W U _- CC 0 0 QW Wm vI I— Q U Cis iz O Cr CC W O J 2 UO CC 0 U6"/ Q Z F' 2>. 2 ca 00 z Q 0 F— Q 2 V) 2� � vvQ ct OQ Q OF-• S U Q lc lc Qui 0 N To0 V O 0 rn0 T N u 0 0 0 u E 0 E 0 0 J 8. 0 T `o 0 u o u atY N N t a m •y O w C N 7. T c o `0 T L c 3 2 o c c m E = c E c ci L What is the person(s) name and how are they related to you? (i.e_, Jane O. Public. spouse, John O. Public, Jr.. child, etc.) Person's Narne(s) Relation Ownership I Position of !Mantel r°t1 !`....r.�r J Person's Name(s) LCUO1 MoH JOd -i i y E` - i v C' E. m O 0 0 C U c 0 Z State Employee I r lit" — — :i E C o — general Assembly onstitulional Officer tale Board or Commission ember . Y CO 2 7 m • d N 0 m ad N 0 a5 0 m c c o m' 0 m N o o 0 a'- E E m E 00 T a 00 m - m 0 O '- oia E E m 'o `o a N 4 L -0 m `o o. L V N o m 0. c 0 N R - t 0 L O a o°1 N 0 o G ' N O 0 S a m o.E 0 t m :0;7 C - 0 m Ec c c c = 0 U N � c E 2 O 00 0. O 2 c a 0 o rt S©cc, L = N 0 00 O o- c o. fa L o v, .- L p 5 V `c c C 8 E `o C E c r 0 c c 0E `c v. c c c L E. m R F C V T What is the person(s) name and what is his/her % of ownership interest and/or what 1 is his/her position of control? Ownership I Position of !Mantel r°t1 !`....r.�r J Person's Name(s) LCUO1 MoH JOd -i i y E` - i u c E P. Name of Position of Job Held (snnalor, mpmsonlnlivo, nolo of board/commission, data entry, 010.1 . Y CO 2 Z3 E 0 m O Ro Currant N d 0 0 W 0 > a0 ti CJ C C 0 r, 0 U O in O General Assembly c puma IX 1.U111111lSSIOn _Member N • N CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM O L L 0 0 to make an N U C! o O 0 O O E m 3 0 - C C co N 0 0 ti U CSO O C a contract with a sta or renew C U a.' N -baa) Cs -a a' o oco LL = y Z O a7 O 0 0 O Q L O U O) a a o W U H U N 0 2 c Z N O O Q L U W y0 >> O E N C OJ m 0 a7 y'y C N ` c O co o c 3 1--, Z L co c — o 0 v . 0E po 43 oc O o L 2 ❑ 3 7 T• etaa) E (vs • Q d O o C 0 Z ` a) C O O m U c o - c 0 ca E m L En "c -3- o8 O 20 N 1:2 L'S o p `0- a 0 t 3 co U 3 WTo C ti i E 0 m e ,a)co m • o c° a c9 .0 a) (CO N. 1;6 .O O ,O 0 Ea • .Cr a $?Oo CO m 0 CCI 0 0 -- 0 CD U U 0 c 0 0 y • a coa m cn i a 3 azO0eo ° ya o N E L. O °aCd '7 L- U 0 � -c-6-a- u.. Q E N 0) aa) c E a U a3 N c a7 c • L r -- O O U N c o U � d a) • N 3 O N L O >. a • O O Q Q) a L.. a t E a 0 O "ti u. z • O U < St U 7 .T N — o N T LV ,U„ 30 a, C ▪ Z a7 O C 0 E m En Q) • ❑ N O) o c9 J T O m V o 2 C Z C CO C fl 1_ - ¢ • h t U O (13 CC . in z 0 O a E c o_ 1- C O O al >.V C O L CO U L O O) o m .E E c o — z 3 ° O In N N aoO I w. W C C 0 s z i a LI LO LOO o N c 5 47 W i LL :� LL o 0 tt u. W J J > C o; CO 2 LIctO LL • • • DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB P.O. suRo,e• PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require Store, local, regional, or other priority rating? Yes _X No Name of Governing Body Priority Rating Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes X Nome of Agency or Board No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circulor A-95? No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency Dote Item 5. Is the proposed project covered by on approved comprehensive plan? Yes X Check one: State Local Regional No Location of pion Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes 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 See instruction for additional informotion to be on the environment? provided. Yes No Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or forms? Item 10. Is there other related Federal ossistonce on this project previous, pending, or anticipated? • Yes X No Number of: Individual s Families Businesses Forms Yes X No See instructions for additional information to be provided. • • DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION . OMB NO. 04-R020 PART II • SECTIOtN C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use.—The Sponsor has taken the followingactions 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_Fieid. 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 impossible for the Sponsor to carry out and complete the Project or earns 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 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 x'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 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. on FAA Form 5100-100 (4.16) Page 3a DEPARTMENT OF TRANSPORTATION- FE I L AVIATION ADMINISTRATION oMe No. 80-80 -100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 MI w PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout - 20.106 SECTION B — CALCULATION OF FEDERAL GRANT Cost Classif icot ion Use only for revisions Total Amount Required Lotest Approved Amount Adjustment + or (-) 1. Administration expense $ s $ 850.00 2. Preliminary expense 3.. Land,structures, right-of-way 4. Architectural engineering basic fees 29,890 5. Other architectural engineering fees 12, 250 6. Project inspection fees 41, 970 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 607,079 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 692.039 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 692,039 17. Less: Ineligible Exclusions• 445 _ 18.• Add: Contingencies . 19. Total Project Amt. (Excluding Rehabilitation Grants) 691,894 20. Federal Share requested of Line 19 657.299 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 657 299 23. Grantee share , 145. 24. Other shares State Aeronautics Dept. 34,595 25. Total project (Lines 22, 23 & 24) $ $ $ 692.032 -100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 • DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATI • o+ne No e:•• SECTION C — EXCLUSIONS Classification 26 Inel'p'ble for Participation (1) E+clr.ded from Contingency Provision (2) a. $ S b. c d. e. 1. g• Total. S S SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S a. Securities b. Mortgages c. Appropriations (By Applicant) 145 d. Bonds e. Tax Levies 1. Non Cash g. Other (Explain) h. TOTAL — Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL SECTION E — REMARKS 145 34,595 '34.595 S 34,740 These Documents are attached and I corporated Herein: 1. Property map Exhibit "A" dated June, 1991 2. Standard DOT Part"V:'.Assurances-a1idvTitle`'VI Assurances PART IV PROGRAM NARRATIVE (Attach — See Instructions) FAA Form 5100.100 1s-73) SUPERSEDES FAA FORM S100.10 PAGES 1 THRU 7 Page 5 • • PART IV PROGRAM NARRATIVE STATEMENT PARALLEL TAXIWAY EXTENSION AND CONNECTING TAXIWAY FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The proposed improvements are located at Fayetteville Municipal Airport, Drake Field, Fayetteville Municipal Airport, Fayetteville, Arkansas. The objective of these improvements is to provide an extension of the parallel taxiway and a connecting taxiway to the runway, in accordance with the Master Plan Update completed in June 1999. The engineering services for and the construction of an extension of the parallel taxiway on the east side of the runway and a connecting taxiway to the runway to serve the USDA Forest Service Fire Fighting Tanker Base and the based aircraft located on the east side GA apron These taxiways will minimize aircraft crossing the runway near midfield and potential runway incursions. J:12004\0421101correspondencelnarrative-715.wpd CC Y > o Oa' in w 3 3 3 zLT ' LO o• >+ U O F w' W O S 0 EnEn O 10 CT 0£S IOZ£t 0 N 4 a' w U M O M IS £0£T 0 H H H 0' 0 V H w 6 W W 00 N W }.i H H. w N O !n W w 0 0 Z F EXHIBIT "A" PROPERTY ciz z4. a4 w U. W z u. zz U 2w a¢ Z W •O w a 00 • U • • aZ a0 0 r4 Uw >+ W Z 3 O Z1 N a z O Z H F. W X H 0 c 2 w 2 0 z 0 H a 6 w 2 3 H EH 0 w a a • • PART V ASSURANCES Airport Sponsors A. General. 1. These assurances stall be complied with in the performance of grant agreements for airport development. airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part Of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As herein, the term 'public agency sponsor means a public agency with control of a public -use airport; the term "private sponsor means a private owner of a public -use airport and the term 'sponsor includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor. these assurances are buapnaated in and become part of the grant agreement. B. Duration and Applicability. 1. Alrport 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 usefrd fife of the facfities 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 d 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 Ahpaat Revenue so long as the airport is used as an airport There shall be no limit on the duration of the terms. conditions, and assurances with respect to real property acquired with federal finds. Furthermore, the duration of the Civil 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 foie of project items installed within a facility or the useful life of the fealties developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years frau 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 shall remain in full force and effect during the Me of the project C. Sponsor Certification The sponsor hereby assures and certifies with respect to this grant that 1. General Federal Requirements. N 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 seq. d. Hatch Act - 5 U.S.C. 1501 Min? e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Tate 42 U.S.C. 4601 et seq,1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 4700.1 g. 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 seq. 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. . Title 49 ,U.S.C., Section 303. (formerly known as Section 4(1)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Ad of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Diwbnination Add 1975 - 42 U.S.C. 6101 et seq. p. American Indian Religious Freedom Act RL 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151 et Sea 1 r. Power plant and Industrial Fuel Use Ad of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327 et seq,1 Copeland Antlldc deck Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321. et seu.1 v. Wild and Scent Rivers Act, P.L. 90-542. as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501. et seu.2 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 - • - Equal Employment Opportunity/ - Protection of Wetlands — Flood Plain Management Intergovernmental Review of Federal Programs. Executive Order 12699 - Executive Order 12898 - Federal Regulations a. b. c. d. e. • Seismic Safety of Federal and Federally Assisted New Building Construction? Environmental Justice 14 CFR Part 13 - Investigative and Enforcement Procedures. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enlacement Proceedings. 14 CFR Part 150 - Airport noise compatibility planning. 29 CFR Part 1 - Procedures for predetermination of wage rates./ 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by bans or grants from the United States./ t 29 CFR Pad 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 Safely 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).1 9. h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3 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 o1 the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise In Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and realfor m. 49 CFR Pan 26 — Participropertyse acquisitioniFederal andnspo.t ti assisted programs) 2 portion By Disadvantaged Business Enterprises in Deparbnent of Transportation Programs. n. 49 CFR Pan 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance./ o. 49 CFR Part 29 — Government wide debarment and suspension (non -procurement) and government 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 Pad 41 - Seismic safety of Federal and federally assisted or regulated new building construction./ Office of Management and Budget Circulars a. A-87 • Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States. Local Govemments, and Non -Profit Organizations 1 These laws do not appy to airport planning sponsors. p. q. 2 These laws do not appy to private sponsors. 3 49 CFR Part 18 and OMB Circular 487 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Trite 49, United States Code. Specific assurances reference in thegrant requiredbe luded in grant agreements by any of the above laws, regulations o circularssare incorporated by 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 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. Private Sponsor. It has legal authority to appy for the grant and to finance and carry out the proposed project and comply with all teens, conditions, and assurances of this grant agreement It shall designate an official representative and shall in writing direct and aurorae that person to file this application, including alt 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 gems funded under the grant agreement which it will own or control. 4. Good Title. a. It. a public agency or the Federal government. holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof. or wit give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carded out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. Airport Assurances (9/99) V-2 5. Preserving Rights and Powers. a. b. • • It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terns, 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. 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 hails have been expended, for the duration of the terms, condbons, 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 cany out all such obligations, the sponsor shall assert in the contract or document transfering or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement c. For all raise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of kcal government other than the sponsor, it will enter into an agreement with that government Except as otherwise specified by the Secretary, That agreement shall obligate that government lo the same terms, condition, 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 bo satisfactory to the Secretary. It will lake steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement d. For noise compatibility program projects to be carried out on privately owned property, it will enter kilo 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 wherever there is substantial non-compliance with the terms of the agreement e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a pubic -use airport in accordance with these assurances for the duration d these assurances. 1. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee d the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and . maintained in accordance The 49, United States Code, the regulation and the terms, conditions and assurances in the grant agreement and shall insure Uiat 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 pudic 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 major runway extension, it has afforded the opportunity for pubfic hearings for the purpose of considering the economic, social, and environmental effects of the airport or nmwa Y location and its consistency with goals and objectives of such planning as has been pitied out by the community and it shalt 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 rumvaay 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 shall be provided within sixty 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 airpod pavement maintenance -management program and it assures that it wilt 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 el the project grant application, all the safety equipment required for certification of such airport under section 44706 of Tdb 49, United States Code, andall the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning hem aircraft other than air prier airoraf. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and dsp eitior by the recipient ofthe proceeds of the grant, the total cost of the project in connection with which the grant is given cc 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 shag be kept in accordance with an accounting system that will facilitate an effective audit in aomrdance 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 predetemiined 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 imitation 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 onty where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Ptans 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 subject the construction work on any project contained in an approved project application to inspect on and approval by the Secretary and such work shall be in accordance with regutations 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 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 Stales. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shag 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 sponsors employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services g. It will 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 Secretarys approval of any planning material developed as part of this grant does not constitute or Imply any assurance or commitment on the pad 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, shag be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or presmbed 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 climatic and flood conditions. Any proposal to temporanly 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 airports aeronautical facilities whenever required: (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions: and (3) Promptly notifying ainnen 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 01 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 will not cause or permit any change in land use within its jurisdiction, that will reduce its compatibility. with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. Airport Assurances (9/99) V-4 • 22. Economic Nondiscrimination. • • • a. It Will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and Gasses of aeronautical activities, including commercial aeronautical activities offering services to the pudic at the 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 (beWblic at 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 shag be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or sumer uses of such airport and utilizing the same or similar facilities. d. Each air canier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air canier using such airport (whether as a tenant, nontenant, or subtenant el another ab wrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, lees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such ab caniers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory caniers and nonsignatory caniers. Classification or status as tenant or signatory shag not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on at carders in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person. fine, a corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [Including, but not Rmited to maintenance. repair. and fueling) that it may loose 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 fumishi g of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and no unjustly discriminatory, conditions to be met by ail 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 d 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 feed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or unpractical 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 pcsuant to an existing agreement between such single foxed -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 potography, crop dusting, aerial advertising and surveying, air canier operations. aircraft sales and services, sale of aviation petroleum products whether or not concluded In conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under The 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 set -sustaining as possible under the circumstances edstirg at the particSar airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a {rant 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 Ad of 1970 shag be included in the rate basis In establishing fees, rates, and charges for users of that airport. 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 faalities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air trans property, or for noise mitigation purposes on or off the a' transportation in debt o g airport. Provided. , however, i, ions enacted covenants or assurancesemr 1982 obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3. 1982. in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operators facilities. including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities. Then this limitation on the use of all revenues generated by the airport (and. in the case of a public airport, local taxes on aviation fuel) shall not appy. b. As part or 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 concerting, the use of airport revenue and taxes in paragraph (a), and indicating whether fundPad or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49. United States Code and any other appficabie 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 The 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 reasonaby 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. conditione 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 uNt of govemment and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of govemment 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 lancing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all tines without charge, except if the use by Government ainsaft is substantial, charge may be made fcr 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 lard 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 -repotting 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 yeas or any portion thereof will be made available as provided herein within four months after receipt of a wnften request from the Secretary. 29. Airport Layout Plan. a. Iwill eep 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 auras 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 or permit any charges or alterations in the air tlay will not make airport the or any of its the facilities which arevnot in conformity s fety the utility or a icient plan e approved by the Secretary and which might in opin on of Secretary, adversely affect the saley, utility or efficiency of the airport, Airport Assurances (9/99) V-6 • • 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, d requested. by the Secretary (1) eliminate such adverse effect in manner approved by the Secretary; or (2) bear all costs of relocating such property (or replace nent 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 dration existing before the unapproved charge in the airport or its facilities. oPe 30. Civil Rights. It win comply with such riles 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 d similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the properly. 31. Disposal of Land. For a. for suchd purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the dice/Mien 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 potion of the proceeds of such disposition which is proportionate to the United States' share of the cast of acquisition of such land win, (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 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 noise buffer land, and (b) the revenue torn 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, didnot 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 -without for program management construction management planning studies. feasibility studies, architectural services, preliminary engineering, design, engineering, surveying. mapping or related Federal Property otseChe respect pect to the project in the same manner as a contract for architectural and engineering services Is negotiated under Title IX the and Administrative Services Act of 1949 or an equivalent quafifications-based requirement prescribed for or by the sponsor of airport 33. Foreign Market Restrictions. It wilt 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 1s fisted 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. N 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 Current FAA Advisory Circ dars for AIP projects, dated 711/99 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 d 49 CFR Par 24 and will pay or reimburse popery owners for necessary expenses specified in Subpar B. (2) 11 wiI provide a relocation assistance program offering the services described in Subpar k C and faas reasonable relocation payments and assistance to displaced persons as required in Subpar D and E of 49 CFR Par 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to d with Subpart E of 49 CFR Part 24. ng emplaced persons in accordance 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 Bite 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 lake all necessary and reasonable steps under 49 CFR Par 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Par 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to cavy out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to cany out its approved program. the Department may impose sanctions as provided for oder Par 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801) Airport Assurances (9/99) V-7