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HomeMy WebLinkAbout165-05 RESOLUTION1 • • • • RESOLUTION NO. 165-05 A RESOLUTION AUTHORIZING THE FAYETTEVILLE MUNICIPAL AIRPORT STAFF TO ACCEPT A GRANT IN THE AMOUNT OF $116,605.00 FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS TO FUND AN AIRPORT MASTER PLAN UPDATE 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 Fayetteville Municipal Airport staff to accept a grant in the amount of $116,605.00 from the Federal Aviation Administration and the Arkansas Department of Aeronautics to fund an Airport Master Plan Update. PASSED and APPROVED this 16th day of August 2005. Ace c i Y .............. �,Gp :• o. • �= • E :FAYETfEVILLE• " ATTEST: SONDRA SMITH, City Clerk APPROVED: By: AN COODY, Mayor U.S. Department of Transportation Federal Aviation Administration • • original GRANT AGREEMENT PART 1 - OFFER August 2, 2005 Date of Offer Fayetteville Municipal (Drake Field) Airport/Planning Area 3-05-0020-033-2005 Grant No 134398903 DUNS No TO: City of Fayetteville (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration. herein called the `FAA") WHEREAS, the Sponsor has submitted to the FM a Project Application dated July 7, 2005, for a grant of Federal funds for a project at or associated with Fayetteville Municipal (Drake Field), which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Airport Master Plan Update all as more particularly described in the Project Application. FAA Form 5100-37 (10-89) Page 1 of 4 • • NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be $116,605.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $116,605.00 for planning 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 24, 2005, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. R shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the 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. FAA Forth 5100-37 (10-89) Page 2 of 4 • • 10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 12. COORDINATION: The Sponsor agrees to coordinate this master planning study with the metropolitan planning organizations, other local planning agencies, and with the State Airport System Plan prepared by the State s Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to fumish a copy of the final report to the State's Department of Transportation. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Sign Edward N.'gnew (Typed Nemo) Manager, Arkansas/Oklahoma Airports Development Office (Title) FAA Forth 5100-37 (10-89) Page 3 of 4 • PART 11 - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this I to 4 h day of Attest: Title: ...```.RK/TR''.. AG.•�\1? OcG .P3 tV• • 73t : FAYETTEVILLE: '- (SEAL)tz•.9 5.•� ---,172,;•92("A NS'NW" By: ''o.h'G70N G r ...... it r.. R 14.51.44 , 2005. City of Fayetteville Name of S' , sor) (Signature of Sponsor's Designat y' ,tial Representative) gra &&OO (Typed Name of Sponsor's tial Representative) Title: __ w l wt (Typed Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attomey 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 and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at fel this day of A o, bi f L 2005. By (Signature ' Sponsor's Attorney) FAA Form 5100-37 (10-89) Page of • Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED July 2005 AppScant Identifier FY052130 1. TYPE OF SUBMISSION: Appticaoon 0afiConstruction ❑ Non -Construction Preapptication 0 Construction 0 Non-Constructloe 3. DATE RECDVED BY STATE Sure *teetotal Uterine 4. DATECEN BY FEDERAL AGENCY 77/9/0 S Federal ldener 3-05-0020-033-2005 5. APPLICANT INFORMATION Legal Name: City of Fayetteville Organizational Unit Department: Airport Department Organizational DUNS: / 34 3 9 9, 903 7/..7//o s- PH Division: Address: Name and telephone matters Involving number of person to be contacted on this application (give area code) Street: 4500 S. School, Suite F Prefix: Mr. First Name: Ray City: Fayetteville Middle Name: County: Washington Last Name: Boudreaux State: Arkansas Zip Code. 72701 Suffix: Director of Aviation Country: United States Email: rboudreaux©cl.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER EIN)- Phone number (give 476-718-7642 area code): I 1 FAX number (give area code): 479-718-7646 7 1. 6 1 0 1 1 1 8 1 4 1 6 12 1 a. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back or form for Appllcauon Typn) C 0New 0 Continuation 0 Revision Other (specify) If Revision, enter appropriate Wiens) in box(es). (See bark of loan for description a( loners) 9. NAME OF FEDERAL AGENCY FAA SW Region spea Other // 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: Master Plan Update for Fayetteville Municipal Airport 2' 0 . 1 1 0 16 TITLE: 12. AREAS AFFECTED BY PROJECT (cities, counties, Washington County, Arkansas states. etc ): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Sun Date June 2005 July Ending Date 2006 a. Applicant Third b. Project Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. 0 THIS PREAPPLICATIOWAPPLICATION WAS MADE AVALABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. 0 PROGRAM IS NOT COVERED BYE O 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal S 116,605 mu D. Applicant S .w c State S 6,137 .w d. Loral S .W e. Other $ .se L Program income $ err 17. ■ IS THE APPUCANT DEUNOUENT ON ANY FEDERAL Yes If -Yes' attach an explanation C. DEBT? No g. TOTAL S 122,742 AV 18. TO DOCUMENT ATTACHED THE BEST OF MY KNOWLEDGE HAS BEEN DULY ASSURANCES AND BELIEF, AUTHORIZED BY THE IF THE ASSISTANCE IS ALL DATA IN THIS APPLICATIOWPREAPPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE AWARDED. a. Authorized Representative Prefix Mr. 1 First Name Dan - Last Name Coody Suffix b. Title May.. �!n c. Telephone number 479-575-8330 (give area code) d. Signature r • `y 1 Rep Mom/(/ Z. e. Date Signed July 7, 2005 remotes AWnrimd far Local Reproduction Standard Form 424 (Ray.6-2003) Presented by OMB Circular A-102 • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A oMa No. 8O -R0184 Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Name of Goveming Body Primary Rating Item 2 Does this assistance request require State, or local advisory, educational or health clearances? Yes X (Attach Documentation) No Name of Agency or Board 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 Name of Approving Agency Date )tem 5. Is the proposal project covered by an approved comprehensive plan? Yes X No Check one: State o Local o Regional o Location of Plan Item 6. Will the assistance requested serve a Federal Installation? Yes X No Name of Federal Installation Federal Population benefiting from Project Item 7, Name of Federal Installation Will the assistance requested be on Federal land 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? Yes X No Number of: Individuals. Families. Businesses. Farms. Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No See instructions for additional information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04.80209 PART 11- SECTION C 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 and restricts all land use activities in the vicinity of Fayetteville Municipal Airport, 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 agcncy of the United States Government 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 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 designated as Exhibit "A": The Sponsor holds fee simple title to Tract A and casements shown in Tract B of the attached property map, Exhibit "A". Title for Tracts A and B were approved undcr 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, 1, G, and K; Fee Simple Tract D, E, and H. 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, Na The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMD NO. 04-R0209 PART 1I - SECTION C (Continued ) The Sponsor further certifies that the above is based on a title examination by a qualified attomcy or title company and that such attorney or title company has determined that the Sponsor holds the above 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 arcas of land* on which such construction work is to be performed, all of which arcas 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 lands which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owncd or controlled by the Sponsor except as follows: None. State character of property interest in each area and list and identify for each all exceptions. encumbrances, and adverse interests of every kind and nature, including liens. easements. leases. etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 61-06913 • U.B. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • OMB NO. 80.80184 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 Use only for revisions Total Amount Required Cost Classification Latest Approved Amount Adjustment • or (-) 1. Administration expense $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees (Master Plan) $122,742 5. Other Architectural engineering fees 6. Project inspection tees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $ 122,742 20 Federal Share requested of Line 19 116,605 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 8 21) 116,605 23. Grantee share 24. Other shares (Ark Dept 'of Aeronautics) 6,137 25. Total Project (Lines 22 23 8 24) $ $ $ 122,742 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • OMB NO 80-R0184 SECTION C - EXCLUSIONS Classification Ineligible for Participation ( 1) ExcContingencyluded From Provision (2) a. $ $ b. c. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 28. Other Shares $ 6,137 a. State b. Other c. Total Other Shares 29. TOTAL $ 6,137 SECTION E - REMARKS Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (673) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5 • • PART IV PROGRAM NARRATIVE STATEMENT MASTER PLAN UPDATE FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The existing Master Plan is out of date and most of the five and ten year projects have been completed at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of the MASTER PLAN UPDATE is to provide a current plan for future improvements for the five, ten and twenty year planning periods. Fayetteville Municipal Airport has become a full service GA Airport and is experiencing steadily increasing GA traffic the since 1999 and no longer serves Airline Traffic. J:120051052130 DRAKE MASTER PLAMCORRESWARRATNE-0630.DOC rb y 'n O Z H H 9 A n K m H 0 z 0 O z rn tO 0 CO n n o r m zr • r n0 00 r mo C)Z m cn c D r- < mz • Z C7 m Z m T K01 D 2 C -n D m H H rn r r m o v A 0 'o m T K m r 0 v m S H tri 0 x m H N 3 m H m n H H 'L H 0 G 0 C N z z> m 0 0 H O w H 0 N H > rn n H n z In n D m II 0 0 0 .0 [n 1 660' 10 ti F a m n 0 14% A O 2 D tk \ k ,......to 1„... —„,„ rZ Do H r m c.sz o D r 11 N s 0 a 0o N H 57»o n n O a H H v N c -c H - H ▪ O H N 0) N 21 N COC L. 1303.5' A o� ✓ ✓ 530' 0' 0 T rn r z m Lel 0 1320' MI N ro A XI O A C z O 7. m H £ a n K �' 0 1807.17' E rn Mm H2 m 2 0 < m 130 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 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 conceming this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial 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. 4. 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. 5. 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, 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. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or 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. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees 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. Page 1 of 2 • • STANDARD DOT TITLE VI ASSURANCES (Continued) 8. 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. 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 July 7 , 2005 CITY OF FAYETTEVILLE (Sponsor) (Signaturef Au orized •:ilial Page2of2 • ! CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as•follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to 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. Nondiscnmination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 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 contract is in the exclusive possession of another who fails or refuses to fumish 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 subcontractor 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 interest of the United States. • • CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, 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, permittee, 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, permittee, 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: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the fumishing 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, permittee, 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. • • 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 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 conceming this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21 23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial 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. 4. 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 5. 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, 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 thlS 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. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or 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. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees 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. Page 1 of 2 • • STANDARD DOT TITLE VI ASSURANCES (Continued) 8. 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. 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 July 7 , 2005 CITY OF FAYETTEVILLE (Sponsor) Page 2 of 2 • • CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor) agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to 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. Nondiscnmination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts. Including Procurements of Matenals and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 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 contract is in the exclusive possession of another who fails or refuses to fumish 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. 1t 2%Ub1lbJlbyl•UCfl 1€.luUi rutE-l• ■ 1T: ;• trof..tna contactor'anoncompilance-wrth.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 subcontractor 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 interest of the United States. r CLAUSES FOR DEEDS. LICENSES. LEASES. PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). The (grantee, licensee, permittee, 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, pennittee, 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, permittee, 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: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any 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 -. . . . y.. .-., .v..V.vv........ Y..V. . ... . VV V. VI.7 I\VV,V\VV , I Transportation, and as said Regulations may be amended. 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 subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents 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 Signed Dan Title Date July -7 . 2005 CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to 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 grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee'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 required 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 (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (dX2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS (Continued) Alternate I. (Grantees Other Than Individuals) (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), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Fayetteville Municipal Airport, Drake Field 4500 S. School Ave. Fayetteville, Arkansas Check ❑ if t11010 are workplaces on file that are not identified here. Mayor Title July 7 ,2005 Date U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS City of Fayetteville (Span w) Master Plan Update (Korn Desc4#an) Fayetteville Municipal () 3-05-0020-033-2005 (Rea Numbor) Tide 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that It will comply with the statutory and administrative requirements In carrying out a project under the Airport Improvement Program (AIP). General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standard. Yes No N/A 1. Solicitations were (wig be) made to ensure fair and open ® ❑ ❑ competition from a wide area of Interest. .. .. ... .m..A ca.nn.I La.' cc .:c �: w- 1 1 .1 r.:. fr . 1 :. l l a —v determined r . :. • . 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are ® ❑ ❑ not significantly above the sponsor's Independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was (will be) obtained ® ❑ ❑ from the FAA 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of ® ❑ ❑ responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in ® ❑ ❑ solicitations, contracts, and related project documents. Yes No N/A 7. Mandatory contact provisions for grant -assisted contracts have ® ❑ been (will be) included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting ® ❑ prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement, and future work will not be initiated beyond five years. I certify, for the project Identified herein, responses to the forgoing Items are accurate as marked and have prepared documentation attached hereto for any item marked "nothat Is correct and complete. City of ayetteville (SgnaNre of Sponsors Designated 0 Repesentet"e) Dan Coody (typed Nana it Sponsrfl Desi eted Ofitl fdepvesentaUve) Ma of (Typed Tftb dSponsols De ReAasen7ativa) July 7 .2005 (Date) Pig.' d2 PART V ASSURANCES Airport Sponsors A. General. 1. These assurances snail tie Ctmoiir_ .vim :n :ire cerormance of grant agreements :or airport aevelcoment. auoort p:ann:ng• and raise cOmpatibiuty :rCgfam ;rants ;of LintCn Sponsors, 2. These assurances are recuirec to oe sucm:ned as oar of :ire arc ect apoitcanon oy sponsors requesting tunes under tee provisions of 2te 49. U.S.C , suoo:le VII, as amended. As cseC herein, me term 'suonc agency sponsor meats 3 public agency'.wm control of a publc use aiporr• the term "onvate soonsor means a ornate owner cf a public -use airport; and Inc term '3pcnsor ncudes born cublic agency Sponsors and cnvate sponsors. 3. Upon acceptance of me grant offer by me sponsor, these assurances are ncorponted d and becme :art or -he grant agreement. B. Duration and Applicability. 1. Airport develooment or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The ;erns, c r.c oons and assurances Cr the grant agreement snail :Crain in rut .force and tfee: Nougnout ::e useful ate Cf the'ac:nbes devetc ed or ecumment acquired fur an a:mcrt aevelcoment or noise compatibility program project or mroug cu::r.e useful :de of the crolec stns installed wdn'n a facing under 3 roue camoaabil'ty crogran crc!ect. but n any event not :o erc3ec :.venry 12C) years frcm me dare of acceptance or a grant offer or Feceral :urns for me project. However, :Here snail be no limit cn me curaccn cr me assurances ;egara:ng Excuswe Rgn:s inc Almon Revenue so'ong 35 ae airtort s .sea as an drtpon, There shall be -a limo :n me cu:alien or the :e rn,s. Jor.c tons, arm assurances with rescect :o real prover••/ acoureci with !eceral tunes. Furthermore, :he curalicn ct :he Civil R:gnts assurance snail ae soec:hed !n !re assurances 7 Airport Development or Noise Compatibility Projects Undertaken by a Pnvate Sponsor. The precec:ng :arag!aor. ! also ouches :c a private Sponsor exCeCt mat :ire user,I Lie cOrcicc:;terns installed within a iaclity :r me userLi 'e of fee'acd;:es eeve,oced or Muiomen acaulred under an apacr, Cevelccment Cr 'ct50 CCCOaOOdic/ crcg(am ololect snail Ce ?O -e53 :'an er W) ;-eats arum :ire care of accectance of Feeerai aid :cr me project 3. Airport Planning Undertaken by a Sponsor. Unless cmere:se sceefiea in :he ;:3nt agreement :fly Lssurances I. 3. 3. E. 5.:3.:8. 33. 32. 33. and 34 in section C apply :o olammng prclecs. The terms, c:n0Nons. and assurances C' !re ;:ant agreement snail roman in Pal torte and eifec: aunng •.`.e .ife :r :he ,ro!ecz, C. Sponsor Certification, The scor.sot hereby assures and :emfies. with rescect to :.^is :: a, t :,at 1. General Federal Requirements. twill Comply with all aoclicaole Federal laws, :e t.;aCons, exect.L•ve :rters, podc;es, guiotllfes. 300 :equ:rements as rev relate :o the 3ppiication, acceptance and use of federal `.xs :Or m.^.i5 aro1ec:'ncucing cut r.C:!imnett :3 me fodowing: Federal Legislation 3. Title 49, U.S C.. sectide VII, as amended. 5. Caws -bacon Ac: 10 U 5 C. 27?(aj. sei c Feceral F-air'aoor Standards to, 29 U.5 C. 201 -i sea d. Hatch Ac:-5U.SC. 1501 ersea2 e. Uniform Relocation Assistance and .Real Progeny Acc:nsition Pciic;es Ac::f 1370 ride 42 U.S.C. 4631, et sea.' 2 1. National Historic Preservation Ac: ti 1966 - Section 106 - 16 U.S.C. 470(:',. g Arcneological and Hfs:cnc '3reservaucn Ac: of :974 .:6 U S C. 469 mrccn 46Cc. h. Native Americans Grave ?ecaraLon Ac.25 25 U.S.C. Section 20G!. et std 1 C:ean Air Ac:. P.L. i0.1 :e. as amended Coastal Zone Management Ac. P L. 33-205. u amended. k. fi000 Disaster P oteclton Ac of t973 - Section 102;a) . 42 U.S C. 4012a I f d!e 49 'J.S.C.. Section 303. tic". eny known 3s Section 4(f)) m. Renaoilitauon Aa of 1973 - 29 U.S.C. 794 n. Cavil Rights Ac: or 1964 - ;tiro 4I . 42 U S C :dad tnrougn a -I o. Age Discrimination Act a 1975 - 42 U $ C 5!J;. ei sec p. American Indian Rebg;cus Freedom Ac:. a L. S5-34: as amended. a Arctitec:ural Baiter, Act of :968 =2 U.S.C. 1151, at sec.' r, Power plant and :ndustiat Fuel Use Act of ;973 - Sec:.on 403.2 U S.C. 93:3_' s Contract Wcrx Hours and Safer/ Standards Ac: - 40 U.S.C. 327. er seq t. Cooetana AnukicKback Ac - 13 U.S.C 87{ U. National Environmental Policy Ac: of ! 559 - -Z U.S.C. 4321. et sec V. Wild ano Scenic Rivers Act. P.L. 3C-942, as ameneea W. Single Audit AC: Of '984 - 31 U.S.C. 750;.,, •. Orug-Ree'Nerkwace Act of ;988 - Al U S.C. '02 :hreugn 7C6. Airport Assurances (3/2005) V-1 Executive Orders Executive C:cer 11246 - Eduar Employment Coccrunity' Utec ove Crcer 11990 - ?ralee,Gn OI Weaana5 Executive Order 11998 - F oca Plain Management Executive Crcer 12372 - Intergcvemmental Review di Federal Programs. °xeeuove Ccer 12`99 Seismic Safety of Federal are Feaeraliy Assisted New Bucaing Censtn:c:wnl Executive Cmer 12858 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Invesngauve and Encircement Procedures b. 14 CFR Pan ;6 - Rules ai Practice For Feaeraly Assisted Airper: Enforcement Proceedings. c 14 CFR Part 150 - Airport nurse compatibility planning. d. 29 CFR Pan I - Procedures for predetermination or wage rates.I e. 2S CFR Pan 3 - Contractors and suecanuac:or, on public ounaing or public vain finances in -uncle or pan by loans or grants from the United States. I 29 CFR Part 5 - Labor standards previsions apeneable :o contracts coverrg'ederady financed and assisted corscuctlon (also tabor standards crovts,ons adpltcaele !c non-cansm_cnon ccnnac;s sue!ec: Ia :tie Contract :Vern Hours and Safer, Standards Ac) g. 4l CFR Pan 60 - Office of Feeeral Contract Comcdance Programs Ecual E:roroyment Ovocrunlry• Ceoartmer.: r Lacer lFeceial and :eoerauy assisted contracting requirement). h. 49 CFR Part 18 - Uniform administrative reau,rements 'or ;;rants Cana c0cperanve agreements :o state and local g:vemmer.;s.3 i. 19 CFR Pan 20 - New resl,-.ctions on lobbvtc. 1. 49 CFR Part 21 - Nondiscrimination in !ederaity-assisted Programs of the Decarment of Ttansccrtattn - efiec;•:aocn of -,tae VI ci Te Civil Rignts Ac: of 1964 k. 49 CFR Part 22 - Pamc:pencn by Disadvantage Business ?ntercr:se :n Aircort Concessions I' 49 CFR Part 24 - :Uniform relocation assistance and real orecert, accu s•acn Aar cetera, and eceradty assisted :rcgrams. I 2 m. 19 CFR Part 26 - iaruc:oaticn By Disadvantaged 9usicess Entemrses .n Ceoarment of 7ransoonaucn Programs, n. z9 CFR Part 27 - Noncucnm:nabcn on t''te Pasts cf :tancicao in orc-v:ams and acrvaies receiving cr oeneiitino rcm Federal $ranCal assts:arce a. 49 CS 03:29 -Government wide cecarment and ausoens.cn _ ,n-cr;c•rement) and gcvernmen; -Nice reeu:rer. ents for crug- :tee-noraolace igranm p, 49 CFR Part :a - Denial of public' moms contracts :o Sutcuers of ;rocs and services ci ccunmes :Pat defy ptoc remelt marxet access :a U.S. ;ontrac:ors. , :9 CFR Par: it - Seismic safety ci Feceral and .'esera!ty asses:ec ;r regua;ec rew budding ::nsauc::cn. I Office of Management and Budget Circulars a. A-37 - Cost Prmc;pees Aoplicaole to Grants aria Ccntracs van State and Local Governments b A.:33 - Audits of States. '_scat Governments, ;na Non-Pro,tt C:gan:zaucns These laws Co nor Pool; to airport planning sponsors. -hose laws do not apply to private scensors. 49 CFR Part !Sans CMB Circular A-87 contain recuirements 'c• State acs Lxal Governments receiving Feeeral assistance. Any :eaucemenl levied upon State and Local Governments :v ^.:5 teguiaticn and circular snail 3154 :e aoancac!e :a criva:e sponsors receiving Federal assistance under True 49. United States Caae Specific assurances requires :0 ac :nc!uoed in grant agreements ay any of true aocve aws regulations or ercalars are incorcorated by ,eiererte in one grant agreement. 2. Responsibility and Autnonty of the Sponsor. a. Public Agency Sponsor 3 has legal autnonry ;o acay .'or tae grant. and :o nuance and carry cut one :r000sed project; that a resotuncn. mcuan or similar action has been culy aacmed Cr cassed as an oez:al ac: of the aocn:an! s gareming ooey authorizing me filing ct ire aeclica ion..nclucir.g ail understandings and assurances contained :'reran. and airermg and autnonzing one tenon denutlec as he ofcai' aaresewtatrve of the applicant Ib act n :cruet::o.^. wit'.. Ile aoolicabcn and !a provide sucn additional information as may be required. b. Private Sponsor: ll nas legal authority :o apply'sr !tie cant and :o :^ante arc carry out me proposed project and c:moty with all terms, ranCiCOns, and assurances of T.rs grant agreement :t snail ues.ar.ate an ductal: ecresenlauve and snail in wilting direct and auT,onze riat tenon :a file :nis application, ioduaino all liners:aspires and assurances Contained :herein: ;a act in :cnrectcf w,pf his accucaron. and !o provide such additional intermabon as may oe recalled 3. Sponsor Fund Availability. :t has sunders( kinds avaiab!e for at cur, on or :he ::erect costs that are ,,ot to be said by rite United States. It as surfic.en: ands avadacle :a assure operation and mairtebance ci ,:ems :once: cnaer :he -;rant agreement wnta it vial own or control. 4. Good Title. a. !t, a puollc agency cr :he Feeeral government halos ;cod title. sasfac,cry :o T.e Secretary, :o me :arcing area of ;he airport or site thereof.:, Hill give assurance satisfactory :0 he Secretary :eat ycca _ce .%dl :e apuireO. b For roise ::rnoattb,6ty crcgram Protects ;c cc cameo ra :n :.:e e:ocerr :f ire Sporscr. : holds ;oca sae sansfae:ory :a the Secetary to L9at aamon ci fhe orcperty upon wmcn Federal :unas All :e excencec or'.vnl y:ve assurance :c one Secretary that coca true will be Obtartea Airpert Assurances (3/2005) 1y-2 S. Preserving Rights and Powers. a. it wul not take or derma any acuon wnicfl would cperate :o deprive it of any of the nghts and powers necessary to cenotm any or all of the terms, zonaifons. Inc assurances n the grant agreement without the wricen approval or the Seaetary anal mil act promptly :o acturre. exbngusn or ..loony any custancir^y n^xn(s or Calms at r9nt of omens wn1cfl wauid intertere wim sucf cenolmance by the soonscr. This shall be oche in a manner accectacie to the Secretary b. It will not sell.:ease. errantoer. or otherwise t ansier cc its;ose or any Can of its title or other interests in the crcperr shown on Exniba A :0 this application or. to, a noise comoatbihty program croject.:,at pomon of the prooem upon -vn:G1 Federal /tins Pave been exceraea. tar the duration of !.'le terms. Colic:eons. and assurances in the grant agreement'.vid!GUt approval cv :he Se4'etaryit be transferee is round by :he Secretary ;c be eug:cle under T;ae 49. United States Coact to assume :re ocligaaons of .he grant agreement and to nave (Me power. autranry. ma .nanc:ai esources :a arty cut all sucn odtigati0ns.:! a scorscr shall nsert in :le contract or doc4Anenl transtemng Cr aisoosidg of :he sccnsor's interest. and maxe mding upon the :rans;eree all ct the :erns.:tr.cinons, and assurances contained :n mu grant agreement. c. For all none comitaubikty diagram orojects :hat are to cc carried cut zy anctner:nit of local government or are on ctppey, owned by a unit cl :ccai government amen than :he sponsor, It w,il enter into an agreemer.:.vim that government Exact as otherwise specfied by the Secretary. that agreement snail coirgate mat government ;o one same terms.:orlcwcns. into assurances mat would `_e appiioGe to :t :1 it applied direcry to the FAA for a grant :3 unOenalte to noise compatibility orogram crojea. That agreement arc -ranges :hereto must se satisfactory to The Secretary ': will :axe steps :o enforce this agreement sgdmst one focal government ..':here is suostanttal nontdmpilancewith ale :erms of t' -e agreement. a. F:r raise ciamnaubinty program prcletos to :e :amen Cu! on ef.'retew owned :rcoert/. !'.vii enter mo an acreement'.vim :re owner of that orooerty whim inCtLCes crovsiorS soecfen by :he Secretary ! :nil fake steps ;0 entcfce :. s ac;etrran: against re :rceer', Owner whenever there s substantial non'ccm9iarce wick me terms :i one agreement. e. It ;he sponsor is a crivale sponsor. -t mill take steps sabs:ac:cry to Tit Sec:elan '.0 ensure ?.at'e UrOn fwd ::nbrue :o ufCtCn as a puoiic.use airpCn ,n accordance' wim these assuances ;or the auravon at these assurances. If an arrangement is mace for management arc operation of :re airzcrt by amt agency Cr :erson finer than :.le sponsor :r an emcicvee or ;he sponsor. me soonscr'wiil reserve swwfc:ent'igrts anc aUtnitclrl :c Insure oral :he 3ircort wid :e - ceratec ;ra maintained in accordance line 4S. Ur:led Sates -. Ce .h.e regulations and Ye ,rms. c:reincns anti assuar_es n ;r..e ;:art agreement and snail insure ;nat Sucn arrangement also reouires ctmoi'ance herewith. 6. Consistency with Local Plans. Tf.e crgect .s :easc:.aoiy consistent .v,tr cans existing at =e 'me :r suorrissior.:f -nis acaicaror.; of public agenc;es that are autnoozea by me Lute in ,vnicn'ne prclec: is 'rcatea to car. or the ce',eico'rer: :r me area surrcuncing ale airport 7. Consideration of Local Interest. !t has gnen fair :'.rsiceration to the -rmrest or communities in or near .yrere :lie :rcjec: may ce located. 8. Consultation with Users. :n making a decision to crcenaxe anv action ceve,ccrent oro!ec: _ncef —.::e =S. Ur::ec States .:tae.:( has undertaken teasonabte consultations w to affected :awes us;rg :he airs: at wnicl project is :receseo 9. Public Hearings. In projects .nvolving the oaucri cr an atron. an 31r00:! runway ;r a major mrwav extension, t nas adcr:ec :he opportunity !or public hearings for the outcast or considering one economic. social. )na environmental erfec's of xe aimcr cr runway :oauon and ts ccns;s;encv with goals anc odec::ves of Sucl oiarning as nas been Carried CL! av Cie community anc it snail..vnen leauestec by the Secre ary, submit a Cody or :be i 'ansc':0: Sr sCcr. Lesif res to ;he :ecetary =anh, cr such crciec s t rots on its management board either voting reoresentatcn :rc.. Lye :ammun:res wrere the crc;ec: i5 located of Pas advised :re ::rr:runibes :cat trey nave to dgnt to penbon me Secretary concerning 3 proposed prclec: 10. Air and Water Quality Standards. In projects irvoivmg at¢crt lccanen a major runway extension. or .runway location it will oravide !cr :he Governor of the state in wricq the ?rojec. 5 located :a certify n' writing :o ;'1e Secretary that :.^.e orolec: -.,it :e :ccatea.:es.grec. constructed. and coeratea so as to Carnally min aoc::cattle air ma watt' :ualily standards. !n any case :vnere suer. s;ancares nave rot been apprved and where appitcaole air and '.viler duality standards rave peen : omulgated Cv : he Acr:r.isvator :I :.he Es wonmentai Protecpcn Agency, cerfiaton shall ca ostamea from such :cm:nis:rator. Notice oil cemhoucn or :etusal :o cera1 snail oe oroweea within sixty days after the crolect 3cpticarcn has teen received by he Secretary. 11. Pavement Preventive Maintenance. With respect :o a crciec: accrcveo after Jartary ;, 1995. 'of re reclacement :r recansuualon of pavement at me airoon, it assures or terries mat . nas impiememea an edecnve airart pavement aamterance•management program and :l assures :hat :t will use such program !cr the --uset:::fe of any pavement :onsm;ar_. reconstmtea or : ecairec with Federal ranual assistance at he airport. :t mill :rovice sun :eoors on pavement conc:tion and :avement management programs as :re !ec:eiary determines may be useful 12. Terminal Development Prerequisites. For prtjec3 '.vnic'i :'duce terminal deveic:ment at a :ublic -se airport, as aeere^. a f lf!e 49.t has, on tee date of suom:teal of the orajec grant ao:itcabon all 're sane,'_ au:pmer:'equiree -:r :enifica::cn of s, cn afrcof..tnaer sec_'cn 44706 of Tire 49. United Slates Ccde. arc ail ;he security eautomeri:: enured by r_ e or reguioncn. and -as orovicea !or access to die passenger enplaning and ceuarimg area cf such airtorl :c passengers enclaning arc cecian:ng'tom ;uaart diner fan air rrer 3lrcan. 13, Accounting System. Audit. and Record Keeping Requirements. a. It snail seep ail prerce accounts and records'wnicil ;oily cisc:ose :re emcunt arc ciscesrnen oy :.,e :ecfoien: Sr lie :rccee_os of the grant. .he total cost of the oroject in connection '.vnh'.vnrcn the grant's given cr used. and one amount or nature of Tat cocoon or the cost :r the project suoollel Dy other scurces. arc sucl ::ner'Inanctai ;ecoms :erenent :C :lie ar!ect The ae::unts arc reccrds snail be 2e:r in accordance win an accounting system ;hat -will .`ac!ita a an effective audit n ac:otcarce .vin :he Sirg:e 4uc:t 4c: cf !984, b. !t snail make available to the SCE:C:ary anc The Camocrctier Generai tine United States. or anv o; :heir :cry authorized reoresentatwes. tar the outcast of auait and exarniraticn, any :cons.:octrmeris. japers. snot :ec::cos at 2te :e:loien( :hat are pertinent to the grant. The Secretary may :eautre :hat an appropriate audit :e c:nductea :v a rec.c ent. :n any case in -anion an inaecendent audit is mace of the accounts or a 3ponswr :elating 'a :he arsoosibon ct the :rccelfas of a grant or :e:aong :o !.he crCjea in conreaion wim 'which :he grant was given :r ':5cc. it snail file a cen:beo copy :t such audit: vim :re Comptroller Genefdi cf the United Stages not later than six :51 months :cilcwing ❑e :lose :f :he fiscal :ear for writ the audit '-vas -ace Airport Assurances (3/2005) V-3 14. Minimum Wage Races. :t snail Inc:uce. in all contracts :re excess cr 52,000:or work on any projects funded under the grant agreement wnlen involve Inor provisions establisning minimum rates or •vage5. to de oreaetermmea by the Secretary of Labor. ;n accordance with the Davis -Bacon Act, as amended (40 U,S.C. 276a -276a.51, nn,cn contractors anan pay :a sullen and unskilled laoo, and sure minimum rates snail pe stated in the invitation (cr peas and snail be included In proposais or bids for the work. 15. Veteran's Preference. .t snail irc!uce In all ccnrraCs :Of work cn any projec: Iuncied urcer :re grant agreement wnicn involve labor. such provisions as are necessary to insure mat, •n the emclovmenl of laocr texcect :h executive. ddministratrve. aria supervisory coSiWns), preference stall be given to Veterans or the Vietnam era and msaoiad veterans as aenned in Section 47112 cr Title 49. United States Code. However. this preference snail apply only where :he indrvicuals are avada0le and qualifea to certorm he work :d w'nlcre the emoloyment relates. 16. Conformity to Plans and Specifications. It will execute :re prclec: subject to plans. scecncatlons, and schedules approved oy he Secetary. Such plans, sceft:acaucns, and scr.eaues snail be suomittec to the Secretary :nor :0 commencement of site preparation, cpnstrucl0n, or oilier performance uncer •his cram agreement. and, -son aoptcval of :he Sece:ary ;nail tie mcor:orated .nlo :his grant agreement. Any meciricaron to Inc approved plans. spect ications. and sctlecutes snail also be subject :a approval at °ale Sec,etar,. and incorporated Into Pe ]rant agreement. 17. Construction. Inspection and Approval, it wit provide ar.C maintain competent technical suoerytslen at the construction site throughout the project :o assure That ;he work conforms to ate plans. spec;Fcauons. ano scneaules approved by the Secretary or me crojec:. :l shad suOject me ccnwuc 1On nork On any project contained in an acorovea oroiec: aooliWtion :c inspection and approval by :be Secretary and such work snarl rte -.re accordance with regulations and pgceoures presGON by the Secretary. Such regulations and procedures snail require such cos: and crcgress reporting ay :tie sponsor Jr sponsors :i such, crclecc as :re Secretary snail deem recessarr, 18. Planning Projects. in canyirg cut planning orcjeas a. it'wdl exec to the project in accowance'.vith he approved:rc;:am nairau':e ccnlamea in tie project aoci:cal;on or wlln :,1e modifications similarly approved. b It' will fumisn :ne 5ecre!ar, with such oer:edic reports as :ecuireo :er:amir.g to the canning :rp1ec: and oianriing 'nofx ac::wces C. it wed :nC:uae in all oublisnea material pteparec :n :oncec:Tn with re clamming prCeC: a nonce Llat :]e -naterial was orecarec --nicer a grant provided cy :he United States. d, it 'bill ^laxe suer material avauaCle for examination oy the cuoi,c. nnc lgrees that r.0'nateral sr?oaiec '.nn :::nos uncer it is ;rciec: snail Se 5Lctect b cccyngnt in the United States or any other :ou6Ty e. :t will give the Secretary unresNCteO authority :0 pucii5n Clse:ose, :str.Cu:e. and ei, erwtse use arev Cr :re malenai :feoaled in connection with this 5ranl f It will grant Me Secretary the rignt to disapprove Ine scorsor's err:loymer4 of SOeC_:'c CcnsuilanM and t,`.e:r s.. con:rac:Ors :0:3 all Cr any par• :r :rls project as -'Veil as tr.e right :0 clsacCrcve :re prczcsec scope ara CCs: of processional sdrpces g. it wilt grant :tie Secetary the right 10 diSacpricve me . Se :f !be s:cnscrs employees t0 dC all pr any car or :,^,e 3(0!ect. n It uncersfares and agrees :hat the Sec,etary s approval of this C:: a ;rant or the Secretary s approval cr any planning marcal developed as can gf :his grant does not ccnsr:ute or •rrpty any assurance or commitment on :^.e part of :se Sec:eun :0 approve any pending or future aopticauon for a Federal acrt gran:. 19. Operation and Maintenance. a. The airport and ail .'ac;li;:es wnich are necessary to serre Inc aer;rauccal users of :re airport. other :har :ac.tides cwnea :r con:ro:lea by tne United States snal be operated at all times -n a Late anc iernceaole conccn ana in accordance .vith :tie minimum s:ancarcs as may rte reeulrea or crescnbea by apoiicacle Federal state and .coal agencies r:r.-iantenarce and operation. :t will not cause or permit any activity Cr action thereon wficn would interfere with .n :.se :Or a,neOn ci:r:oses. it'mlt suitacly operate and maintain ;he airport and aiacCams hereon or connected tbelewith.':-Cl cue regard :o climatic arc !:cod conditions. Any proposal to : mccranly close :me anver: !or nor -aeronautical purposes must first oe acorC/el oy the Secretary. !n rur.rerance of this assurance. the sponsor well nave :n effect arangements for. (1) Coerating the airport's aeronautical `aunties whenever -equired. (2) P!omouy maeong and lighcng hazards resulting trcm airport :cnc:rons. inc!uc r.g :emcorary cord:ti0ns. and (3) Promouv nochpng airmen of any cacawon affecting aercnacpcai use cf the air:cr. Nothing contained nerd:n shad be corsrraec :o require :at :rte an:cr no operated .'c: aeronaucca :.Se ]'tnng :emporar/ der:cos weer. stow, 0oca cr other chmanic conditions Tie^ere with such ope.rab an and mainterarce. Further. ^.Otn41g r ere n snail cc t n5:,Leo as : eculnng t e main:enance, repair.:estorarcn. cr reo:acement :I arty suuctun Cr .'ac:iir/ wr.:cry s substantially damaged or destroyed due to an ac: at Goa or C tiler condition Cr crcums(ance ceycna :re :Cn;:ol Cr the sponsor. bt'met suitacl/ operate and maintain noise Compan:ni!y orogram ":ems ^.at .t owns Zr :onnols aeon wnicl ztCerai funds nave seen extended 20. Hazard Removal and Mitigation. :t will take accrccrate action :o assure :nat such :err.:dal airspace as is :ecmrea to prctec::nstn:ment aria Vnual cperanors to the airport (;nc udlrg estaclishea minimum !.-gilt amtudes) .vid rte aoecuate:y c:earea ana protected by removing, owerng. relocating, •mark:rg.:r ligntmg or ctnerwise mitigal:ng exisung airport nazares ana oy ptevenong :tie establishment Cr creation cf future aucon hazards 21. Compatible Land Use. a -mill take appropriate action, :0 :tie extent !easonac'e, r..Cua;ng :re adponcn cf zoning laws, :a resuict :re use of land adjacent to Cr in tine immediate vicinity of the airport :a acivibes arc :urooses :omU:ale with normal aroort Operations, .rectuaing lancing and rakecrt of aircrali In addition, if lie project is for noise cmoatioiury program implementation..! -.veil not cause or cermit any change in land use. -vimin :5 ; uMsdiC.jon. hat Nil reduce :(5 rmoacc.:ity with :escec :o :rte airport of :.e rose compatibility program measwes coon -wnicn Federal funds nave peen expended Airport Assurances (3i2C05) V -U 22. Economic Nondiscrimination. a, It null make the airoert wadable as an airport !or public use on reascnaole terms and without unjust disaunmaoon to all types. kinds and -:asses cf aeronautical accvn:es..nC:Wing :ommerc:al aeronautical acU' ices 3ifenng services to the public at the airport. b, In any agreement, ontract. lease, or other arrangement under',vnich a rlgnt or rmdege at :re aucort is granted to any tenon 5rm, or carp oration :o conduct or to engage in any aeronautical ac riiry for turmsning services :o the puotic at me abort lie socnsor win insert and enforce provisions reoulnng Inc contractor to - (1) .furrisn said services on a reascnaole. and not un justtv y;sclminatory. casts to ail users :hereof. and (2) cnarge reascnaole, and not uryustty C!s4.minatory. paces for each unit or service, provided that me contractor may be allowed to make reascnaole and nonaiscnminatcr/ CISCCLnts, :eoates. Jr ::tier similar r/pes cf ;rice reaucons;a volume cwcnasen. c. Each fixed -based cperator at :he aupon snail oe suclect :a he same rate,. fees, rentals, and etf.er caarges as are uniformly applicable to all ether Sxea-based operators maxmg me same or similar uses of such air.ort and utilizing he same or similar .facilities. d. Each air gather using such awoon snail nave the r.gnt to service tse!t or ;o use any fixed -based operator that is autnon:ed Cr permitted by Me airport :o serve any au tamer it such airport e. Each air panier using sum airport (whether as a tenant. nonrenant cr suotenant of another air Omer tenant) snail be suo)ect to sus nonmsc:uninatory and suostanuatty ccmoaraoie vies, regulations. conedions, :arcs. fees, rentals. and defter c.arges •vim respect to faQiibes directly and substannaily related :o crovioing air fansoortaecn as are aopticable to all soon air; liners which make s:m;iar use of sums aimort and Irlize similar iaeiines. suojec: to reascnacle,ctassibcatto is such as tenants Cr .nanlenanls and signatory pine's and nonsignalory carrier. C,:assifica::cn or ;talus 33 tenant Cr signatory snail not tie 'anreasonacly wnhhe,0 oy any disci proviceo ar au carrier assumes obligations suostannaly similar :d !hose ]treaty imposed on au careers :n sucn ass:flcaC[ri 31 status. f. It will not exercise or gram any right or :rrvllege writ'. operates to prevent any person. 5rtr. Zr cercoranon ooeraurg aircrart an :ire airport from pedorming any services cn ::s own aircraft'.vitn ifs awn elcicyees (including, Out not .meted :c maintenance, repair, and fuenrgj :rat it may -noose TO peronn. g. In ;Me event the socnsor C5elf exeroses any of tie rcnts and :r:We^yes referred ton :his assurance. :he services mvorved will be provided 3n :he same ccrclnons as'-ilculci aool•r :0 :he rurnlsbrg or sec' ser,ices 3v comme'C:al aeronautical senate drovicers aumcrizea 3y he sponsor under these Crovis:Cns, h. he socnsor may astaouisn sucn reascrac!e, arc rot unlus:ly iiscnm:natcry, cCnc:ticns :o cc Tel tv all users Of !ire airccrt as day Sc necessary :or the sate and e:fioent coeraoon of :Me airport Tt-e sponsor may prohibit or limit any giver. C7oe..ina or jass :f aeronautical use ci the aircr, :f sop acacn •s necessary for :he sate coercion of :he atrcor, or necessary to serve The cwt aviauon needs or :Me tumid. 23. Exclusive Rights. it will permit no exc!usive right for :Me use of t`.e auoort oy any cerson orcviairg. or n:ercing to „-rcvice. aeronaucwt services to me public. For ourooses of this caragrapn, me orcvmu:g of :-.e services at an airport :y a s:..gte :ixea-casee operator snail act be onstrued as an exclusive right if both cf Te follcwmg aocly a, It would be unreasonably costly. aurcensoma ,r :rcracpcat for more:ran one -:xea•oasea 3cerator :a crovice such sernces. and b. If ailcwing more :ran ore fixed -bases :ceratcr to :r_vide sue., services'wcuic ;eguire the -ecao:n :t soaco eased pursuant :a an existing agreement between such singe treed -easel operator and sucn atrpolt. It further agrees ant it mil not, either :irecay cr indirectly, grant or peanut any cerson. fin, ;r carocraucn.:he ex3:usve right at the airport to conduct any aeronautical acrvnies.:netting, but not :under :o cnarer aignts. pilc: :raining, mrGan rental ano s:gntseetrg. aerial ohotograany. Crop dusting, aerial aovemsing and surveying, air earner Ocerallons, aircrart sales and services, sale of aviation petroleum oroducts whether cr not conducted .n coniunction with other aeronautical activity. repair and .maintenance of airci art sale :f alrcrar farts, and any other activities'wnicn because of their :irect relaticnSNo :a tie ooerauon 3r aircraft can tie •e;ardema as an aeronautical activity, and that it will terminate any exclusive ngnt :o conauc: an aeronau:cai ac:iviry now existing at sucn an aimort before the grant of any assistance under Title 49. •Jnitea Stares Coae 24. Fee and Rental Structure. It will maintain a fee and rental stnx:Jre tar t^e :acii ties and services at the aimort'imcfl will maze the airport as self-sustaining as cossiole under me c:rccroslances existing at ate oarrcual airport. taking •nto ac:ount suca iactprs as :he volume dt milk and economy of Collection. No part of ale Federal share cf an aimort 3evelcoment atrcor alannmg Cr noise eompabbtjN project .for wnrn a grant is made :nder fide 49. United States Cade. me Airport and Airway imercvement Ac: of :982. Pc Federal Aircart Act or :re Abort and .Airway Development Act of :970 snail be Induced in :*-e rate casis in estacusning fees rates. aria charges for users cf ,at airport. 25. Airport Revenues. a All revenues generated by the airpon and any local -axes on aviation set estacusned after :ecemcer 30. '987. .viJ to expended ay it for the capital Cr ooeranng costs of YIe airport the acal airport system, or other'ocal .'ac:hces 'nmcn are owned or operated by :Me owner or cperator of the airport and wntcf are C:rectly and suoslanoady reatea :o Cie acuai air Jarsoortatlon of passengers Cf prooery. or for none mitigation purposes cn or oil :. a aimort ?rcviaeo..,owever flail covenants or assurances :n oect colgaaons issued before September 3, 1S82, oy ice owner or operator :f ;tie airport r crcvisions enac:ed cefc,e Septemoer 3, 'S82, in governing statutes controlling :Me owner Cr Ccerators firancng. prcvioe for he _5 of the :venues troth any of the aupert owner or operators :acxibes..ndUcing me atrpert. to suction not only b`e airccr Out also :^e airccn owner cr coeratcrs general dote cebgations or finer iaontles. hen his :imitation on :*,e use of ail revenues generated 3y the aupon :arid. r the case cf a Ducat aircort.:ocal faxes on aviation flan snail not apply. b. As part of me annual audit required under :ire Sing:e Audit Ac: of :984 tie soonscr wind cuect :Mat :Me audit will review. and :me resulting aucn report will orovioe an comion concerning, the use of auoort ;evenue and :axes n 3aragnch tar, and maicaung wnemer firms ;aid or transierred to me owner or cperator are paid or transferred :n a manner consistent 'with ille 49, Jrireo States Code and any other aaollcaole provision of law. ncuamg any-egulaLon ommuigateo try tee Secretary sr Aammistnmr. Airport Assurances (372005) V-5 C. Any evil cenaties x other sanctions will be vncosea ;cr -nciaticn of :his assurance in accordance win the provisions of Section 47107 of Tile a9, t;nitea States Code. 26. Reports and Inspections. it will. a. submit :a the secetary suett annual at special financial and ooerabons :eoons as me Secretary may reasonably request and make sues reocrts available to the puoiict make available :o tie puobc at reasonable times and places a report ci the aiccn budget :n a .'armat piesciceo by the Secetary. b. for airport ceveioomert prclec:s. make he airpon and all airocn records and eccurnents arfecting the avocn.:nc'uoira deeps. eases. cpetation and use agreements.: egulations and ocher :nstnrments. available or :nsoecon by any duly authorized agent of me Secretary upon reasonable request: C. for noise comoabbility crogram craiects..make records and documents relating to the orclec: and :oncnuea ccmoltance with he tern,. cone:uons. ape assurances of the ;rant agreement inc:uarng deecs.:eases. agreements. :egulations. and other r.s'.ruments. avalaele for inspection oy any duly autnonzea agent of the Secretary upon reasonable request and d. in a lotmat and time presc:bed by he Secretary. previee :c ;he Secetary and make available to :^.e cuclic foilowirr, each of its fiscal years. an annual report usung in detail. (it all amounts pad by the airport to any other unit :i government 3rd me :urecses for .vhica eacr sec` ragmen: was made and (it) all services and orepeny provided by me arcort :o other units or government and m.e amount of ccmcensation received far provision of each SGCh sernce and prcperty. 27. Use by Government Aircraft It:v ii make avaiiame all ci :re ladiuet Jr :re airoca Ce.eicoea'Mit teem -'•ranc.at jSSiStarce and ail those usable for :analog and :akeatt of atrcah c the United States ,cr :,se by Govemrent airc:alt .n common .v nit Omer ai:cran 3t all tr^es without charge. excect.:r :he use by Government atcad s sucstan;:al :narge may :e mace 'or 3 reasoraole state orcocrlcnal to sucn use.'a Te c:sl Jr operating and ratr.raining :ne lac:hues [sea. Uniess omerwse cCUClrec Oy me Jec:etar,, Cr o:n:er.wse ldreed 1C Cv the sponsor ano :rte using agency. 3uostantlal i se or an almorl ty Govemmenl aco:art ".veil be consx:erec :a exist .'wren coera!:cns of s14: atcrail are in excess at :hose wn�ch..n ;rte cpimen of the Secetar:.vci undue !ntecere .win _se dare 'anerg areas by ether autncrcec aircraft.:r curing any calendar month lrat- a. Five •,J or more Government atcrait are ;egu:anv daseC at ;:.e 3irxn or :n and adjacent c:eretc, or a. The total numoer of movements :,counCrg ae^• landing as 3 ^• .cvemern ci Government ;tenant :s 230 at mate a :re gross ac'_mulative •.vetgnt of Government airc:an using tie airport , a ztat .rovement ci Government aircar, r•.uplieo by gross '.veignts of sucn arerar.) •s in excess or Sye mdlicr, pounds 28. Land for Federal Facilities. It wul rpmisn vnmout cost :o ;re Federai Government 'cr use in tonne_ roil :vim any air :arfic omelet or air navigation activities. or •.veatrer.:eooreng and cmmunicaucn aehvices retatec to air 1a:.ic :cnuci, any areas of lane Cr water. C: estate mereln. it ngn!s :n oulldincs Fir ;rte sponsor as :rte Sece:ar7 cnsicets necessary or desirable for conE rueon. ;aeration. and maintenance at Federal excense of space or facilities dot sucn curcoses. ;urn areas or ar.y ocnicn thereof '.veil ze -tae avaiiao:e 3s Provided nere•n 'within four nenas arter receipt or a written request from me Secretary, 29, Airport Layout Plan. 3. it'%sit Seep cd :d date at all times an airoon layout p:an ci the ar:ert showing •,1) Couricares ad 'he airport and all C(000sed additC.^.S tereto.:cgemer with me oouncanes ar ail afrsrte areas ownea Cr :onum:ed icy : e sodnsor rot airmort curcoses and orozosed aacitions hereto' :2) me location and nature at all existing and crccosec aepon fac:dlies and sth:cJres iscC. as runways. taxiways aprons. erminal puiidings, hangars and roads). including an troeosed extensions and :ecucucns of ex:scr.g atm„on facilities. and :3) me!ooat,on at all existing and proposes nonavidllon areas and 3i ail existing .TCrcaenenls t!lerecn. Such alrpost'.ayouc plans and each amendment revision, or modification lneeor, snail be SubteC: :a Tie acoroval cr :he Secetary wn.cn approval snail be evidenced by :he sgnature ci a duty authorized representative Grebe Sece!ar, on the lace cr :,e airport'avcut plan she soonsor'.viii not matte or :emit any oranges Cr aioraLans in ;he aircwt Cr any of rs :aCities :Cat are not -n csnronrity with me airport :ayout plan as approved oy :rte iecre:ary ano .unit^• might. P :.•le opinion ci he Secetary, ao•rersely affect me ;arep. iau:ty or erficency of me airoon. b. If a c.' ange or alteration in me airoon or the faaities is made'.uhici :.:e Secretary oelermines aaversery affects me safety, abliq, Or efficient, ci any'ederally owned. !easec, or'Unaec rrooerty on of c:t :.ie airport anal uric., :s rot :1 con:crrity with the amore layout plan as aecrovec by :re Secretary, me owner or operatcr'.vij it reeuested.:y the Eec;elary 1 :1 eliminate sucn adverse elect a manner 3ocroved by me Sec:elary; or i2) bear all casts of relocating sun.. crcoerty •a: eOaderent tr..ereor to 3 Site acxmame to me Secte:at' aria all ccs:s JI resrerirg such orooecr/ :or 'iclacen-ent :heeol) :: we level ;f salerl. _:1Lty MEtency. 3na CsSI C; Jperatcn exrsbng :acre me cnacprovea clange in me airoon Jr is:aaaces 10. Civil Rights. :('.viii comply'.vith SUc. rules as are ammuigatea to asscre :hat ro person sna4 zn re grcnds of race. creed, color, nanenal origin. sex. 39e, :r nanCiCao cc excluded from carfa:cattng m any ac:lv:ry ccncuc:ea with or xteiiting :: qm unos receives from this grant. This assurance cohgates :he soonsor for :he oenm curing vnicn Fecera .':eanc:at assistance is extencec tote program, except where Federal Financial assistance :s :o ofcvice. or's in the :arm ci cersonaf c:coeny Cr :eai :rocerty or ;r;erest :herein or structures or imorovemers ;nereon in wnic.1 case the assurance ocigates me sponsor or any :tars;eree :or :re .ccger :r :he fcilowina periods. Ca) the period curing wmC•1 me :rooerry is uses !or a ourcose far :•✓bent Federal inanc:al assistance s extetceo. or rcr another puroose mvclving the provision cr similar services or tenefils, or rb) the period curing wnicn ^1e 3:onsor retains cwnersnio of sossession of site arCpemy. 31. Disposal of Land. a. For'and ourc.^.ased under a grant Or auoort noise :Jmoatiti.ir/ :urcoses. ( wilt :isocse Fit to ara -.vnen the :and is no tinge! needed rot sucn purposes at :air mane( -,awe at :re varies; :ractcallie rime. That don,;cn of ;rte orcceeos of sucn cisoosrtion .mien s prcoortionate to the United States snare at acquisition of sucn'and will at !re disc: etien of he Secretary, ! 1) ee paid :o :ne ueCetaty of epost .n Ale rrusc Find, or t21 to :einve5;e in an aoarovec noise coroantility ,rclect. as prescnbea by the Airport Assurances _3;2005) 'V -a I CURRENT FAA ADVISORY CIRCULARS FOR AIPIPFC PROJECTS Updated on: 7/1/05 CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS Ht a8ER ns.e '^l•'A5C:ana Chance : ACswcan Manrrlq Ind L:grerq :5rdso00-:3 y os oos Sunace Anroonemtnt of Avaaatwty-R 7 CA :nc.. Document R T CA -22: 3ureance am�e na Rermnaw Requuemem.wo I On. a,., .._tM 1505'[0-15A I IC:va Rgrts Reausemenu rcr re Almon'mororement P'oonrn 1501EOi0.4A ,lumart `waver Puns ISa5' 30.5 and Cn.VI-]e I iEsc.ne Rgme arc MInYrVm ilangargf 'or LHnm.HC.aI AefanaulfJl AC:mrlf 15o152CCi8 Nance, :0 Aumec NCTAMS AM5:'a Auoon Cae .crs 15x5210.513 Parting. Mannq and L,gnurvq of Ve,¢zs Use, xi an Avoort 156 `Z'L T Almtan F're ana Rote Camn,.nlcaucrs I scifltc.1 fwaec Raxca elarf Facson. ma E:mcrnen: • [aci;G.I IAIr : "re and ndsc4e P!rsarnel P•c:eove C4: ,A; r IAaoat Rescje S F.rer rn S aeon Bu'Iaing e.n 15015210 -IS 1Svstems 'or Irerac:ne •ralnrc A' +boat absannI 15x52 t0- :3 iOrr, r ?nrancoa•/salt Snten• GE;S) I50es22.8 ;(later Sucory ],s ems IIX sacsalt :It and Rescve P'otK%ID 15O5220 -IOC Grace Soea5caoon _r :'laleoFaam ivice A+cran Recce ono a rancneno lenx:es ra•r., sg 'Rcrwav Sunw Ccnewon Serw SoecA5aatan Guce :505220.150 !Au:caa:ee':Ieau:er CCsemne Svs:ams :a Ncnteeeral ACar,nars 501°'2^ ra ma C?,a.,ce Oescn Sumamf'cr Avcr,n Reece a ^ercn:na 'ra'rra acories XI I I SY2_^. 13 113u hosts :cr S:orace aM Ma,nlen3rce of AIna1 Snow and :ce Cor.wl E:u,caen: )M '.ta:ena,f lGuce Soeutcanon to Srnaa. Dual -,:cent Autran Pefc_e and F renan:no ter c:,, ana C'a • : A,ccr 5nw ana Icce Caa:a-:tB iGuce ioeaScat,oc cr L,'S Jsec :a aoarC , re'vsmcers -'l.:' ,Iccurf rtavren;z -22 ana Chance'. IEreneerea Matems ♦revue Svseems .E�IASI'or Arz-art.:•I) M.19 am, C�ancef : mmogn i IWao.. ;dscn tR and c?an n I and 2 ICefan et Alrcan [elan PaoIre. -53 ir_cr: Oralnace 3 -so and Cham:n : ^roc n 2 Irxe Pavarecl Ces,cn and E,.uaxn i!C/S3 3.I2C ana C.: es i L'IrWen 5 (Measurement l.CnsW :ion and'.taintenance cr Sic Resistant =.1_pn P3venant 5urcef i$G5721fa it,rt LaMacaano 'Cr %ase'Cantra Pumauf 15x5320-15 JM.:hance : Manacement of Ai¢on Iraus:ral :Yasle 15x5320.1 r IAmieq Paverenl Sunaca ^'Nlhatlon and Rar+w,-A5ER1'Aaruan 1505725 -AA and Chance I IRunway Len :n Iiaa:llfMlan(e ::/ Alf%r: Cewn 15a5r_25.5 arc Cnanoe 1 ISunoam,zea Memoo of Recornq Pavement Saeram PCu 15x5330.1.1 I51aMams'Cc Al(aan'.Iarinncs 50l573G d arc Chance Searemea C,mle A,encr. Iar.er S.s:em Ic_G153a0-Id0 Ic0.570.;o .S-.anmras:a AI Son Svstame Taar✓ar Cen:e^,ne L:gr'rq 34s:en ,50153's -:E IS,eUCaoon for Ld2: PNef :cr ienq:e C:/pal ci ''tort j"C 15x5_35-iA :C.r_an Seiec:or iw,ien 1$0$.1x$lc .Sae4rcaxn lot L12' Cher^cane E ecncal Coo., t: Arolt _ ;nenq C.rct s 5015' 5 C= I5oeaf.nan or C=ns:x, C.lrenl ?CNauc,s Reecjtcr Wr,:as . e.la-A5-:2C 1 IsoecMcancn Irl mrtgn w.c -e•Scn 2ea=A 1•'0153+5 ' 2A I5oeeilcaecn tor'-ia t .udar, ae•av Caaner . ssercr, ::r 'ci Camol ci A+xr: _arylc Cie_-ns 150'_'-5 250 lsoeeicatnn to: L52! P'al aM ae:eonue : joie Qrv•ecs 1 a...e-.e.--^ !saecciaaoen'a'.v.ra C<ne Asse,rches Airport Assurances ;3/2005) V-3 Sec:etas.:nctuaing the ourchase of nonresidential Sudmngs or crocerty in :he vicinity Ot residential buildings Cr p,coerty I :re•nous:y purcnasea by me airfoil as part or a rose compatioilitf program. b For !and pur_rasea anger a grant .'Or dirtier, oeveiccment purposes tourer man noise compaubmrfl, t wkl. wnen :me and .s no onger reeled for airport purposes aisocse ct such !ana at 'au market value or mare available :0 me Secretary an amount enual :o ire United States procerticnate share ct me fair rarset value e( the larc. That pomon of the oroceecs cf sun cisposnan wmcn .s proportionate to the United States snare or the test cl acquissaan cf sucn land will. (ai Upon application to the Secretary. be remves:ed in another eligible alrccrt morovement oroiect or projects aooroved by the Secretary at that aimbrt or within :he national arport system, or (b) ae paid to tie Secretor, ;or aeocst in me Trust Fund '(no eligible orclec: exists. C. Land snail be :cnsiderea to oe needed .'cr airport purtases under this 3swrance it (a) It may be needed for aeronautical sumoses (including runway protecbcn zones) or sere as noise buret'ard. and •t) :me revenue 'ram in:er:m vses cf such 'and contnoutes :o ;me financial self-sufficiency St the airport. Further. '.and ourC.ased with 3 grant received cy an ai con ocerator :r owner beiCre December 31. 1987. mill Ce c:nsicerea :O be needed far aebor, purposes if me Secietare at Federal agency .Taking sucn grant before December :1. 1987. has ncured by the operator or owner at the uses of suet iano :id not ouect:o such vse. and the lard cbngnues to be used for that purpose such use having cer..menced no rater than December 15 ;989. I Disposition of such land under ;al, ;b).:r fc: will be suplect :o :fie retention Cr reservat:Cn tf any :nlerest Zr fight :f.erem necessary to ensure mat such land'.v:il onry tie used for puracses whim are compatible with nose levels aria safer/ assoc:atea wium operation ct the airport 32. Engineering and Design Services. It will award eacn contract Jr suc<onbact for Grogram management.:sns::uccon manacement planning studies. e3s:c:ilty studies, arcfnteclural serves, cr!:Im:nary engineerng. oesgn. engineer:ng. sur.ey:fig. -acoirg :r related sernces .vim 'esoect to the crolec; n the same. manner as a contract or arcnitec:urai and engineering services s.:eymlatec urger 'C;a ;X at me F,:eral Prcce y and 4aminis(rative Sernces Ail :f !Sa9 :r an equ:,alent guai:ficaocns.casec 'eounemer: orescrceo'Or Sr :v ^e sponsor :1 :re mrcon. 33. Foreign Market Restrictions. It mill rot allow tur.cs orovidea .scer ihfs grant to be used to lur..a any oraiec: which des an', pfccuc: or Service :f a fbrelgn CCLnuy aunng :fie period :n wn:cn such :ore:gn country s s;ea cy :he United States 1-ade Aeoiesenta:r,e as cen'iir.q .'air anc ecuitable market ccoartWtmes for OroouCs arc suool!ers of the united States :n Crocurement arc cans:r;c::ar. 34. Policies. Standards, and Specifications. it wit: Carr/ cu::.^.e crc'ec: sa accarcarce '.vim ooiic;es, s;aneares. anc s:ecirlcauons 3epraved cy :re Secretary ir.c:ualrg out cot ::mites :a :he advisory c:¢mars .istec -n he C_rrent -AA Aoviscrf C.:ciars :of ::P arcec:;. aatec "05 and :naked ;m :his -;3rt, and in accordance with accruable state oo,ices. slaraafds. and soec:Ecaaors accrcvea Dv the Sec:etar' 35. Relocation and Real Property Acquisition. tit will be ;u:Cec !n aCgLinng real :rbcerly.:o :h.e yrealest extent :racncaoie vrcer State ;aw by' re land acauisltlon nobbles in Suooan 9 cf c9 CFA Pan 2= and will oay or •eimourse :racer, owners for necessary expenses as soecineo :n Sueoart 5. 12) It •.vnl prcvwe a relocation assistance crogram crfertng re services desc,oeo :n Sucoan C and tar and :easorao:e :eicca0On cayments ana assistance m t;sClaced persons as :!quirec n Subpart 03rd E of a5 CFR Pitt 24 .?i :t will make available .v inin 3 reascnac!e LerloC at time once to :Isolacemen:.::moarac!e replacement ewe:sings :a alsplacec ce.'sons :n ac: croar.ce with SG:can E at aS CFR Part 24 36. Access 8y Intercity Buses. The airocrt owner or :ceratcrnsd :ermil.:a :he ,,ax:,ru:n extent -rah::cacie :nterc:rr, cuses o: curer modes of oansecr.acon to rave acess :o the miner:: however : has no ccl.gaacn a .uno scecal fac:uaes .'cr ;rterc:ty buses cr for diner maces of bansoc.13ucn. 37. Disadvantaged Business Enterpnses. The reccie. small -at :iscrm.rate _n :re:asis of race. colcr. rational a;gin or sex .n Ire award arc oerz!mance of any DOT-assis:ea contract or in :he ae:riristraucn :f 's BE orcgram or the requirements c(ay CFR =an -5. The Rec:ment snail take all necessary and reasonable specs under u9 CFR Part :5 :o ensure ncn aiSc.'mir,aticn in the award arc administration of COT assisted ccncac:s. The recipient's DBE orcgram, as :egcuea by 49 CFR Par; 26. and as approved by DOT .s mccrcorated cy reference n :his agreement. ;mplementauon of :his orcgram .s a egal co;iga:icn ana'ailure :o carry cut :ts terms snailce seated as a viciatton :f is agreement Upon notification :a the'ec;oiert cf an 'allure :b :arrf Cults approved program. he Ceoanmer: -ay mcose sanctcrs as orevidec For under Part 25 and may. fl accrcohate cases :e(er fie reader for enforcement :racer 16 O.S.C. CC: ana;cr one Program F'aud C:vn Remedies Act of 1986 (31 U.S.C. 3a01) 38. Hangar Construction. If the airport owner or opera:cr and a person who owns an aircraft agree that a nangar .s :a be constructed at :he almert 'C: the aircraft at the aircraft owners excense.:he aircort owner Sr ccerator .viii grant :o the 3lrcad owner :or me rangar a long :ertn :ease ^.•at :s subsea: to such terms and zonaiticns on the nargar as ire a:rccr, owrer or cperatcr may .mpose 39. Competitive Access. a t :tie airoorl owner or Coeralor of a m.eolum Cr !arre ^Lb air -sari ;as Cefirec in section 47102 of :.de 49. IJ S C ) has peen :, naole :0 3C:brrmoaafe Cne Cr more r eQUests sy an air :airter or access :0 ya:es or ether aC!:CeS 3t :`at arcor vn curer :0 allow :he 3.r :afnef 10 O,Cvidd service :0 :fie airport Cr to !xpano Ser, ce 31 :fie air crt :!e airport Owner or eoefafel snail :rar..smd a ;eccn q :1e S!aetar/ that Descr.bes the requests ?. Provides an exclamation as to wry :,^e 'eguests ^-_aid .. c: be 3c-:mntcdaled, and Provides a time frame within which, : any.:.^.e 31r:ort'wi;l `.e able :0 3Czmmoca:e :me reoLests a. Eccn reocrt snail be cue Cr either eprrar, t Or 4LgLs: 1 of !3U fear' ..e airport has peen c naole to 3cc0rnr.Oca:e'.me 'ecuesUsl in :1e sx month penod JOcr :0:re acct:caa'e zee :are Airport Assurances (3/20051 y-7 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/105 I $C15!+SdJF IP•ecawn Aowoaca Pun :nawalor 'pat Symms 11!015345-!98 ana Caange 1 IFAra SaeC:Xaean L353. ?anwav arc Thnwav Car:erurle Revo :el cave Maven t5N`_3+5-420 ISor_:feauon lot swoon ;:eel gases '-urvormer-a.srnav .vrcoon down and .f¢esfann 15x153+5-t!E ISoecj taaon:0 CbMNc=cn LcnWa E:'ucment 15N5345=rG ISoeOICarcn 'Jr t3nwr. And Ramwv 3cr. 15a153a5-4j* ILIgn Mewnt Acaraac:l Lcrt Satic.'Vre t 5fJS3+tl36B ISoeuficancn :or Runway ma Taarwav -cnl F;mao 156$3+5-.1A ISWnon :ranstarmen :or A.roan'_ranaa Svslems 150r534S-49A Soeorcaoan L354. Raac Canal Ecummenl 15015315.5) ana Canqe 1 ISoecancanon to. 'crtaoro Runway L=ls 1`G53+SLit and Cnange ! $oecicocn:of Oiscnarce-:voe F'awe. E uiort:enr I 5'.5345_-2 IGar'erc '/,sual Giwevooe.nC awn ,G'JG:l I 1'_C15245. S38 IAuccr, Lemma °.worrert Cer:6caocr =•ccrr I I: `.nL5345-4a•s arid C`ange ' IScec:icauon !at --:324 :-we, Ana ::r_, Unn ::r _ana ana -:c Snort 15i$5ia5-?5 I ILamea Vn Wr A4 :a ann�te 7e wmr/qunwav ZCsure i15W4_35J+ !P!anmrg anc Desrgn cr A+eort-errma, =acdmes it Nonnuo _:canons THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY NIWSER r'-.'RRE -'- 11M5tlp.raC IArccrtec:taal E.ryb:eenrq. ana P'anr•r;]_nsu'are Serncescr +nowt inn; P•necs :XJ5::J-t5A IC. .I R:gn(s Recuoer.ern For The A,O:C .morcvrent Prayraa Ii and Glance I temugn a ILad ,caL:s'ur Inc Reccanan Afs6:arce'Cl Ar(:U:T•Ata'.fmMl Prcgrwn:. ss4sea?^:aG7 heOl$t9Si And Change I Iuc'usne R�yntt dwa MillrinLT S:acevci or Cdr-.-erc:al Aere-awl.ylAc-noes 15c Zoo- :A inc Change :.lro,gn .3 IAvcar'Nm,c, Sale?, ana ceranans I: SG520P i ail IHPZaraauaNilale ACJac:ani rn at yea:=i(aw:a Itrvi530C :5 IUse M Valve Eopneennq'ar cnymeenr :esgn Ji Artxna Grant P•lecs ?US!ZJ. C IAuneie Pavement SLrrace E.amauon aro aatny •i$ER) Ltar:au ¶50,5363 -It IEcetay Carserrat on 'Cr Auctr 3recta I:5N'.:::..03 ICanswc_on ?oges anc'racecton :!con.— roc,. Grant ynm IIiL53' ,•A jUfe on Nana:rx ve Ces:mq De cn are E-eamatcn cAu:an Pavemen 15^)3;..2 ICuat4v Caatm, a Consuuc:on tar Arc,, 3rant P^neCls IC!I.cea. Cans:roccwn of =roe Paverers Usirq -orAb Asna4 Airncrt Assurances (3/2005) t/-; CURRENT FAA ADVISORY CIRCULARS FOR AIPIPFC PROJECTS Updated on: 7/1/05 THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY ":, HL BER:" E,�,: ..I ^,.' 150/5000-12 nounamnent at Avedaa4ty—P,»enger Faoury Cearye IPFC 7 Apaloeon 1FA Fpm 5500.1) Airport Assurances t3/2005) V -t0 ,QES • City Cott) Meeting of: 8/16/05 81IG/03 Agenda Item Number: /65 CITY COUNCIL AGENDA MEMO ,,'�y�{� OL/ 6ratf TO: Mayor and City Council Aetla 144itr 4 THRU: Staff/Contract Review Committee FROM: Ray M. Boudreaux, Director, Aviation and Economic Development DATE: August 5, 2005 SUBJECT: Approve a Grant Agreement with the Dept of Transportation / Federal Aviation Administration (DOT/FAA), in the amount of $116,605 for Airport Master Plan Update. RECOMMENDATION: Approve the Grant Agreement BACKGROUND: The City Council Resolution # 66-05, dated 4/5/05, approved the DOT/FAA Grant application and Task Order to McClelland Consulting Engineers to produce an Airport Master Plan Update., Total project cost is $122,742.00. The FAA grant will cover 95% of the total project cost and the State Department of Aeronautics Grant will cover the remaining 5%. DISCUSSION: The Airport Master Plan Update will, through extensive research and analysis, identify and examine the role of the airport within the region's system of airports, and formulate a strategic plan and program that bests represents the goals of the community and airport and sets forth a realistic and achievable direction and plan of action for the development of the airport and its environs. Time is of the essence. The grant must be signed and received by the FAA by August 24, 2005. BUDGET IMPACT: The project is 100% funded by grants form the DOT/FAA and the Arkansas Department of Aeronautics. Attachments: Staff Review Form Resolution 66-05 Grant Agreement I Original, I File Copy Aviation and Economic Devclopmrnt Department Fayetteville Municipal Airport, Drake Field 4500 Sauth School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudrcaux, Director RESOLUTION NO. A RESOLUTION AUTHORIZING THE FAYETTEVILLE MUNICIPAL AIRPORT STAFF TO ACCEPT A GRANT IN THE AMOUNT OF $116,605.00 FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS TO FUND AN AIRPORT MASTER PLAN UPDATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayettevillleerr�AArans s hereby authorizes the Fayetteville Municipal Airport staff to ac€2pai1't in the amount of $116,605.00 from the Federal Aviation P n ration d the Arkansas Department of Aeronautics to fund an Airport Master Plan Up 1 te. PASSED and APPROVED this 16"h dY of Augusti2 -: APPROVED: s � By AN COODY, Mayor A T: B SONDRA SMITH, City Clerk RESOLUTION NO.66-05 A RESOLUTION TO APPROVE TASK ORDER #5 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $122,742.00 TO PRODUCE AN AIRPORT MASTER PLAN AND TO APPROVE APPLICATIONS FOR GRANT FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT OF $122,750.00 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 approves Task Order #5 to the contract with McClelland Consulting Engineers, Inc. in the amount of $122,742.00 to produce an Airport Master Plan and approves applications for grant funding from the FAA and Arkansas Department Of Aeronautics to pay for this project, and approves a budget adjustment of $122,750.00 as attached. PASSED and APPROVED this 5th day of April, 2005. By: GYI[I_ s APPROVED: COODY, Mayor / I AUG-05-2005 FRI 10:23 AM 1 hUN. AIRPORT 4797188 P. 01 a U.S Deportment Federal Aviation Administrruon Fort Worth, Texas 76103-0630 of Transportation Southwest Region, Airports Division Federal Aviation Arkansas/Oklahoma Airports Development Office Administration August 2, 2005 AUG O42005 The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Coody: The Federal Aviation Administration (FAA) is enclosing two copies of the Grant Offer for Airport Improvement Program (AlP) Project No.3-05-0020-033-2005 for Fayetteville Municipal (Drake Field). The governing body of the Sponsor must pass a resolution to accept, your attorney must certify, and you must execute the Grant Offer by August 24, 2005, to be valid. After execution, please return the Grant Offer marked original to us. The second copy is for your files. Please note that Grant Condition No. 4 requires you to complete the project without undue delay to promote better stewardship of limited AIP funds. We further direct your attention to Condition No. 9. Under this grant and all future grants, your airport is authorized to use the Letter of Credit (LOC) method for securing reimbursements directly from the Federal Treasury for completed work. A number of the airports have successfully implemented this practice and it is being extended to you to promote greater efficiency of resources. We will no longer need to review and process interim project payments, but will monitor your progress from weekly Construction Progress Reports (FAA Form 5370-1) and quarterly LOC Federal Cash Transactions Report (Standard Form 272). When you complete your project, your program manager will need your statement and distribution of the project costs to close this project. Please contact Mr. Tim Riley at (405) 954-2272 for assistance establishing the LOC for this project. Until the FAA closes the grant, we ask that you make a LOC draw for incurred project expenses every 30 days. Also, we must receive a LOC "Federal Cash Transactions Report" by October 31 for all amassed grant costs through September 30 to promote a Federal fiscal year-end grant accounting. AUG-05-2005 FR 110.:24 AM, MUN, AIRPORT 4797186 P. 02 We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, �GLC_cJL�t. r. Edward N. Agnew Manager, Arkansas/Ok Airport Development Enclosure (2) • /asS City of Fayetteville O Staff Review Form City Council Agenda Items or Contracts 8/16/2005 City Council Meeting Date Ray M. Boudreaux Aviation & Economic Development General Government Submitted By Division Department Action Required: Action Required: Approve a Grant Agreement with US Dept of Transportation / Federal Aviation Administration (DOT/FAA), in the amount of $116,605.00 for "Aiport Master Plan Update". Contact: Don Harris, FAA Project Manager, FAA ASW 631, 2601 Meacham Blvd, Ft Worth, TX, 76137-4298 Phone: 817-222-5634 office, 817-222- 5987 fax, don.harris@faa.gov. REVENUE $ 116,605.00 Cost of this request 5550.0955.6820.33 Account Number 05029.1 Project Number Budgeted Item $ 1 140 loo3 Category / Project Budget Funds Used to Date $ 1 If.4 6t 3 Remaining Balance Budget Adjustment Attached A /OS City Attorney Daa r<vJ Finan and Intemtervice Director bate Received in Mayor's Office Mayor ate Airport Master Plan Update Program Category / Project Name Capital Program / Project Category Name Airport Fund Name Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 66-05 S Ray M. Boudreaux Submitted By • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 8/16/2005 City Council Meeting Date Aviation & Economic Development Division General Government Department Action Required: tction Required: Approve a Grant Agreement with US Dept of Transportation / Federal Aviation Administration DOT/FAA), in the amount of $116,605.00 for "Aiport Master Plan Update". Contact: Don Harris, FAA Project Aanacjer, FAA ASW 631, 2601 Meacham Blvd, Ft Worth, TX, 76137-4298 Phone: 817-222-5634 office, 817 -222 - fax, don.harris@faa.gov. REVENUE $ 116,605.00 Cost of this request 5550.0955.6820.33 • Account Number 05029.1 Project Number Budgeted Item $ I1Lrtbo"3 Category / Project Budget o— Funds Used to Date $ 1R,t'03 Remaining Balance Budget Adjustment Attached EJ Airport Master Plan Update Program Category / Project Name Capital Program / Project Category Name Airport Fund Name Ordinance or Resolution # Original Contract Date: Original Contract Number: Da 0S Received in City Clerk's Office s� Financ and terra ervice Director ate Received in Mayor's Office r a� 66-05 City Ctcil Meeting of: 8/16/05 Agenda Item Number: CITY COUNCIL AGENDA MEMO • TO: Mayor and City Council THRU: Staff/Contract Review Committee FROM: Ray M. Boudreaux, Director, Aviation and Economic Development DATE: August 5, 2005 SUBJECT: Approve a Grant Agreement with the Dept of Transportation / Federal Aviation Administration (DOT/FAA), in the amount of $116,605 for Airport Master Plan Update. RECOMMENDATION: Approve the Grant Agreement BACKGROUND: The City Council Resolution # 66-05, dated 4/5/05, approved the DOT/FAA Grant application and Task Order to McClelland Consulting Engineers to produce an Airport Master Plan Update., Total project cost is $122,742.00. The FAA grant will cover 95% of the total project cost and the State Department of Aeronautics Grant will cover the remaining 5%. DISCUSSION: The Airport Master Plan Update will, through extensive research and analysis, • identify and examine the role of the airport within the region's system of airports, and formulate a strategic plan and program that bests represents the goals of the community and airport and sets forth a realistic and achievable direction and plan of action for the development of the airport and its environs. Time is of the essence. The grant must be signed and received by the FAA by August 24, 2005. BUDGET IMPACT: The project is 100% funded by grants form the DOT/FAA and the Arkansas Department of Aeronautics. Attachments: Staff Review Form Resolution 66-05 Grant Agreement 1 Original, 1 File Copy Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F • Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director • • RESOLUTION NO. A RESOLUTION AUTHORIZING THE FAYETTEVILLE MUNICIPAL AIRPORT STAFF TO ACCEPT A GRANT IN THE AMOUNT OF $116,605.00 FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS TO FUND AN AIRPORT MASTER PLAN UPDATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayettevill,ey�Awns s hereby authorizes the Fayetteville Municipal Airport staff to ace p gtart in the amount of $116,605.00 from the Federal Aviation. A 'iu,' ration: 4d the Arkansas Department of Aeronautics to fund an Airport ra5tc Plan Up' te. PASSED and APPROVED this 16t .day of \' APPROVE / /( AN COODY, Mayor A . / SONDRA SMITH, City Clerk RESOLUTION NO.66-05 A RESOLUTION TO APPROVE TASK ORDER #5 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $122,742.00 TO PRODUCE AN AIRPORT MASTER PLAN AND TO APPROVE APPLICATIONS FOR GRANT FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT OF $122,750.00 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 approves Task Order #5 to the contract with McClelland Consulting Engineers, Inc. in the amount of $122,742.00 to produce an Airport Master Plan and approves applications for grant funding from the FAA and Arkansas Department Of Aeronautics to pay for this project, and approves a budget adjustment of $122,750.00 as attached. PASSED and APPROVED this 5th day of April, 2005. By: ATTEST: APPROVED: • • dance Pearman - Res. From: dance Pearman To: Boudreaux, Ray Date: 8/22/05 12:25PM Subject: Res, 165-05 Ray, Attached is a copy of the resolution passed by City Council August 16, 2005 regarding the grant acceptance. This will serve as confirmation that you picked up the original grant on Friday, August 19th, a copy which is also attached. Thanks. Clarice CC: Deaton, Vicki S. • A.' a C.1i U.S. Department of Transportation Federal Aviation Administration TO: FROM File Copy GRANT AGREEMENT PART I - OFFER August 2, 2005 Date of Offer Fayetteville Municipal (Drake Field) Airport/Planning Area 3-05-0020-033-2005 Grant No 134398903 DUNS No City of Fayetteville (herein called the -Sponso() The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 7, 2005, for a grant of Federal funds for a project at or associated with Fayetteville Municipal (Drake Field), which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Airport Master Plan Update all as more particularly described in the Project Application. RECEIVED p.IJr3 2 9 2005 CITY CITY Of CLERKS FAA Form 5100-37 (10-89) G67Fn NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsors adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be $116,605.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $116,605.00 for planning 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 24, 2005, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the 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. FAA Forth 5100-37 (10-89) 10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased fora planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 12. COORDINATION: The Sponsor agrees to coordinate this master planning study with the metropolitan planning organizations, other local planning agencies, and with the State Airport System Plan prepared by the State's Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to furnish a copy of the final report to the State's Department of Transportation. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Edward NJAq) (Typed Name) Manager, Arkansas/Oklahoma Airports Development Office (Title) FAA Forth 5100-37 (10-89) Page 3 of 4 I I 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 us , 2005. • • &L) A ) By: By: City of Fayetteville (Name gf$ponsor) , of Sponsor's Designated (Typed Name of Sponsor's Designated Omits! Representative) Title: Attest: (Typed Title of Sponsor's Designated Official Representative) Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, .i- 6 t 1Ow+'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 and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at �'' or k Ii this day of 2005. By. a re of Sponsor's Attorney) FAA Form 5100-37 (10-89) APPLICATION FOR FEDERAL ASSISTANC I TYPE OF SUBMISSION: Application 0 Construction O NonConstruction Preaoplication ❑ Construction ❑ NonConstructlon July 2005 7//9/O S City of Fayetteville Organizational GUNS: /343 9b903 90 3 7/2i/cY DH Zip Code: Country: ® New ❑ Continuation ❑ Revision If Revision, enter appropriate letter(s) in box(es): ❑ ❑ (See back of tone br description of loners) Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER I2I0It1I0I6I TITLE: 12. AREAS AFFECTED BY PROJECT (cities, counties, states. etc.): Washington County, Arkansas C. 0. July 2006 6,137 FY052130 3-05-0020-033-2005 Department: Airport Department Division: Name and telephone number of person to be contacted on matters involving this application (give area code) Prefix: Mr. First Name: Ray Middle Name: Last Name: Boudreaux suffix: Director of Aviation Email: rboudreaux@ci.fayetteville.ar.us Phone number (give area code): FAX number (give area a 476-718-7642 479-718.7646 1. TYPE OF APPLICANT: (Sn back of form for Application Typ Other (specify) 9. NAME OF FEDERAL AGENCY FAA SW Region 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: Master Plan Update for Fayetteville Municipal Airport a. EXECUTIVE ORDER 12372 PROCESS a. Yes. O THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE b. No. 0 PROGRAM IS NOT COVERED BY E. 0. 12372 O OR PROGRAM WAS NOT BEEN SELECTED BY STATE FOR g. TOTAL s 122,742 DYes if'Yes' attach an explanation ® No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPUCATION 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. I Prefix Mr. I First Name Dan I — I Last Name Coody Suffix b. Title May r)c. Telephone number (give area code) A 479-575-8330 d. Signature Ay drized Rep s e. Date Signed u=Y r 2005 7AA Authorized for Local Reproduction Prescribed by OMB U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80 -El 84 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Name of Governing Body Does this assistance request require State. local, Pr mar' Rating regional, or other priority rating? Yes X No Item 2. Name of Agency or Does this assistance request require State, or local Board advisory, educational or health clearances? Yes X (Attach Documentation) No Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes No Item 4. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date Yes X No Item 5. Check one: State o Is the proposal project covered by an approved Local o comprehensive plan? Regional o Yes X No Location of Plan Item 6. Name of Federal Installation Will the assistance requested serve a Federal installation? Federal Population benefiting from Project p I Yes X No Item 7. Name of Federal Installation Will the assistance requested be on Federal land 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 information to be on the environment? provided _Yes X No Item . Number of: Will the assistance requested cause the displacement of Individuals. individuals families, businesses, or farms? Families. Businesses. Yes X No Farms. Item 10, See instructions for additional information to be Is there other related Federal assistance on this provided. project previous, pending, or anticipated? Yes X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 TRRU 7 Page 2 • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART H- SECTION C 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 and restricts all land use activities in the vicinity of Fayetteville Municipal Airport, 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 Government 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 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 designated as Exhibit "A": The Sponsor holds 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-I 1 & 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 and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases. etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 0440209 PART!! - SECTION C (Continued) The Sponsor f rther certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above 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 landon 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 landwhich are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases. etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100.100 (4-76) Page 3b FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION ONE NO 80-80184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No ................................. 20.106 2. Functional or Other Breakout .................................................... SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for 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 (Master Plan) $122 742 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $ 122,742 20. Federal Share requested of Line 19 116,605 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 116,605 23. Grantee share 24. Other shares (Ark Dept o1 Aeronautics) 6,137 25. Total Project (Lines 22, 23 & 24) $ $ $ 122,742 FAA roan 51 uu-1uu ta(s) 5UPtM5tUE5 FAA FORM 5100-1- PAGES I THRU 7 Page 4 • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATWM nuAun Rn_onIRA SECTION C - EXCLUSIONS Classification Ineligible for Participation (1) Excluded From Contingency Provision (2) a. $ $ b. C. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages C. Appropriations (By licant d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 28. Other Shares $ 6,137 a. State b. Other c. Total Other Shares 29. TOTAL $ 6,137 SECTION E - REMARKS Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (673) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5 PART IV PROGRAM NARRATIVE STATEMENT MASTER PLAN UPDATE FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The existing Master Plan is out of date and most of the five and ten year projects have been completed at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of the MASTER PLAN UPDATE is to provide a current plan for future improvements for the five, ten and twenty year planning periods. Fayetteville Municipal Airport has become a full service GA Airport and is experiencing steadily increasing GA traffic the since 1999 and no longer serves Airline Traffic. J:12005W52130 DRAKE MASTER PLAMCORRESWARRATIVE-O630.DOC mb m H> a •,.( rox ,nor, -- xcc mHv: o3 0u OZH Xm-3 ym H,-i H> C m 7 z \ r to Z 0 x \ n 1 a :r, C7 z = No £ \ r 6G0 a.c z a \ = an 0 o m.-< > \ N = H 0 O > P1 H rc > � OT• lYl1 c m > w ox rn r .-. N _ v ri ? K (ri( L.. 1303.5' c 3 N I o r O VJ A n � O� '3 r N In H t19 (n z-3 m w Ottz.... N r N z Z 0 m f 70 m n0 = D O r H r ° z 9 1320' w r r z faQ m m - z � n > a m r o n ^J m 0 n O n F C N n m y rn r 7 f �-• m y.G \ - X • n T •o \ H H N - Jy n -C - y >.- n m o .a �20m m 1l/1 m H I Z H iv can N w mo >0 T w m (n m m m O H m a x - 1 N m� m 33K J 531) C H 3 n a> r[l �1 O -_ m I ( --- c -1 n z C - o O c E E C 00 • --3 Z O z C cn >y H "1 a .. - Z O a o D Z > 1807.17' - �� n n 3n z 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 this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial 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. 4. 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. 5. 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, 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. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or 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. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees 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. 1 of 2 C ASSURAN 8. 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. 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 July 7 , 2005 CITY OF FAYETTEVILLE (Sponsor) Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT1 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 contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 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 contract 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 subcontractor 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 interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, 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, permittee, 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, permittee, 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: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any 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, permittee, 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. 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 sec.) 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 this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial 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. 4. 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. 5. 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, 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 (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. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or 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. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees 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. 1 of 2 I 8. 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. 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 July 7 , 2005 CITY OF FAYETTEVILLE (Sponsor) Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to 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 contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 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 contract 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. S rictioiisf _ ------- G'�1tLtti��Srtsf' . rr�rar c n aramlancwJ 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 subcontractor 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 interest of the United States. CLAUSES FOR DEEDS LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). The (grantee, licensee, permittee, 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, pemiittee, 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, permittee, 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: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any 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 Transportation, and as said Regulations may be amended. 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 subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents 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 Signed Title Mayor Date July 7 , 2005 CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to 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 grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee'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 required 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 (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or S CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS (Continued) Alternate I. (Grantees Other Than Individuals) (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), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Fayetteville Municipal Airport, Drake Field 4500 S. School Ave. Fayetteville, Arkansas Check ❑ if tl�e{e are workplaces on file that are not identified here. Mayor Title .............. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS City of Fayetteville (Sponsor) Master Plan Update (wo`k Descrfptfan) Fayetteville Municipal (Aupon) 3-05-0020-033-2005 (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for selection of consultant services within Federal grant programs are described In Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standard. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. ' Yes No N/A ►.1 . i 2. For contracts over $100,000, consultants be) were (will seleeted ubiwy hasgct:a"uatlftr;atta , t--�— expenence-an isa van —en ge erp se requirements wi a —' -. _ fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are ® ❑ ❑ not significantly above the sponsor's independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was (will be) obtained ® ❑ ❑ from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of ® ❑ ❑ responsibilities between all parties engaged in carrying out elements of the project 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in ® ❑ ❑ solicitations, contracts, and related project documents. P.a. 1 d 7. Mandatory contact provisions for grant -assisted contracts have been (will be) included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement, and future work will not be initiated beyond five years. Yes No N/A ® ❑ ❑ /l ■ ■ ►i ■ ■ I certify, for the project identified herein, responses to the forgoing Items are accurate as marked and have prepared documentation attached hereto for any item marked no' that is correct and complete. or • (Spneture of Sponsors Desfpnated 0 Representatve) Dan Coody (Typed Name of Sponsors Des! nated or Representable) (Typed Title or Sponsors Desipnatad1fl7ri f Representative) July 7 .2005 (Date) Pape t of 2 PART V ASSURANCES Airport Sponsors A. General, These assurances snail 5e carrone^_ with :n die Cerlormance cr grant agreements rcr airport :evelc:merit. 3ircart JOnrmg• and noise compatibility :rcgram ;cans 'Or Almon socnsors. 2. These assurances are recu!rec :c ce sucmutac as oar t ine :rclec: apclicacon Ov socnscrs :ecuescrg runes under :he croV!s!or.s ei -tae 49. U.S.C.. subtitle VII. as amended. As _sec herein, ;tie :arm buolic agency sponsor meats a puoiic agency'.Wlr. control of a:uol:c use aupor::re :err,, ;nvale sponsor means a orivate cwrer cf a puo:c-use arocn: and :tie term socrsor' :nc!u0es dote public agency sponsors and prvate soorscrs 3. Upon acaotance of the grant after by :be soonscr :nose assurarces are ircorooratee :n and oeccme :art of :he grant agreement 8. Duration and Applicability, 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The :errs. ;cronons 3ra asaur3nC3s cr :^e grant agreement snail :emain n ti forts anc erfec: ^rcugnout ^.e .sera, Je of 1e :3CaNes ceve!ccec or ecWome.r: ac a reC tpr an alr:Cn development or noise czmoaac5lty :rcgram Croiec:. or:N•:cugneu: :,..a use!U ie Jf the :rolec :ems 'nstaliec nxn•1 3 faclity ':rper a noise :omoaobiiity cr0gr3m :r::ect. rut n a../ event ro; tC etc3ec r.verty :201 ,ears :m 'he awe of accecance a1 3 ;:3:u offer p: recerat arcs 'Cr :tie Crojec:. ro'vever.:Lere snarl :e no.'.mit on Le :L:3CCn c: re assurarces :egarc.rg=xc:us:ve Ryr:s anc .Airport Revenue so 'Ong 35 me apcOr s :sea 3$ an 3!ror. rare stall Oe 0 limit :n me O':fai:cn :::'e :arms. 0r.C'CCns. and aSSLrances Wrtn iesceC: :O :eai ;:peer/ a:;urea with tecerai ,urc3 r':rne,mcre, ail curabCn ct ;.:e C.v'I .Rig Lis 3SSurance snau Ce sCec:ned n :re assurances - 2_ Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. '-.e :receamg carag:act 1 also 3ccres :: a private socnscr excec :.^.]t :-e usercl pre c; at^_:ec:3ers :cs:aeec r'rr'n 3 :acnrr, J::]e LSefu ide J: :'e :ac:d:e$ cevex:ec ,r 9c:acr:en: aCOWred under an air:art :eve!Cren::r resa CcrC3oC'I'.'/ crc;ram ::Cie^. sr3't:e rc KS ran e" :0) ;ears rCfl '.re :ate 31 accecance of Federal ac :or ;tie ;rule^.. C. Airport Planning Undertaxen by a Sponsor. Jr. ass ::nervtse scecfiec :n ❑e ;:act ag Earenl.:r,' =ssurances i.:. 3. ?.:.:3.:9 3?. 32. 33. anc 34 in section C aooiy 0 o!anrmg :ruled The :en^.s. :Cnc'oors. 3nC assurances :::re ;far.: agreement snail remain :n Fin force and e'fec: curing :e ,re :::tie oro,ec. C. Sponsor Certification. The s:orsor nerecy ]ssu:es ;no :emfies. -.v':d rescec: :o :r:s ::3n::.^.ar 1. General Federal Reouiremenis. : t'.vill ccmory w•'t.^r ail acc:'cace F5ce.'al: aw5. :egL:aLers. exec ie :-cers. :c:ic.es. ;uiceli.nes. arc :equiremenis as tnev •e!3te :0 Ine 3pccaoon. acceotance and use or Federa ru'•cs :or :,^.ls ;ro'c::nc,ucing cut rot t.m':ec :o me :c:lcnmg: Federal Legislation Viz:, 49. 'J.S y sup:ice'/:1. as ameraec. b. Caves -Bacon Act - =0 U S.C 273a. et se: Fecerat Fair'_acor Stacdares Ac - 29 'J.S C 20 r sec d. Hatch Ac:. 5 U.S.C 150: et 2 e. Uniform Relocaucn Assistance anc Real ?rccerty Accrosrtlon ?aloes Ac: of t 370 7:!e 42 l:.S.C 4601. of Sr ' 2 C Nauona, H's:onc Preservation Ac: :r 1966 . Section :C6 - 15 U.S C. 3'C(:}. g. Arcneo!og'wl and=istpr.c o•eserraupn Ac::? :974. :6 US.. =69 :ir_cgn 469c. Nacve .Americans Grave aaoaa:]r_n.:.c .25 'J. S.C. Sec::on 2CC:. ±c ;ea i. C:ean Air Ac:, P.L. 30.1 A2. as arrercec i Coastal Zone Management ACC P 3-ZC5. as amenceo. s. Fiood Disaster P:otecuon Ac: of :972 - 3ecaon !G2!a - 42'JS.C. =012a. I 7iCe 49 U.S.C.. Section 303. ticrmedv Known as Section 4(f) m. Renaoiutanon Aa cf 1973 - 29 U S.C. 794 C:ml nign:s Ac: or 1964. Title -/1 . 42 U S C 20000 :nrcugn C -t c. Age Discnmmancn Act r :975 - a2 U $ S:S:. eta o. Amencan Inafan .Rer'g:ous Freedom Ac:. ?'_ 55.34:. as amenceo. a Arcnitectural Barners Ac: of 1968 '2 U S.C. =151. 'rte' r. Power Clant anc :^austral rues Use -c::; .973 - Section 403-?'J.S. _. 337 3,' s Contract '/1crx roars anc Sareri Stancares Ac. -40 U S.C. 227. •: se I. Cooeano Anuktckbaca Act. 13 U.S.C. 374. U. National Ernronmen:a! Pcuci Ac: of :csg . -Z LLS,C. =321.3 sec .. ',VIIC and Scenic Rivers Ac....C-542 .. --C-542. as amenceo. n. Singe Audit Ac: Cr 984 - 31 l: S.C. 7501. 'sea I t Crug-Free'Wcrkc'ace Ac: of 7988-41 U S.C. 702 :nrcugn ?C6 Airport Assurances (3/200.5) V -t • • e Executive Orders Executive Order 31246- Ecuai Employment Coportumry' Executive Crer 11990 - Protection of Wedanes Executive Order 11998— Food p!am .Management Executve Order 12372 - Intergovernmental Review of Federal Programs. Executive Oder 12599- Seismic Safety of Federal anti Feaeraily Assisted New Building Ccnsm:c:ionl Executive Crder 12898- 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 panning. 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 1 f. 29 CFR Part 5 - Labor standards provisions apolicabie to contracts covering federally financea and assisted construction (also labor standards provisions aoplicaole to non -construction contracts subject :a :he Contract'Ncr< Hours attic Safety Standards Act). l g. 41 CFR Part d0 - Cffice of Federal Contract Comoiiance Programs, Ecual Employment Ccccrtuniry. Department of Labor (Feceral and federally assisted contras ng requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local g:vemments.3 i. 49 CFR Pan 20 - New restrictions on lobbying. 49 CFR Part 21 - Nondiscrimination in federally -assisted Programs of me Cepartment of 'rarscoraticn - _ffec.u:aucn of Tine VI of :he Civil Rights Act of 1964 k. 49 CFR Part 23 - Pamapaticn by Disadvantage Business Enterprise in Aircon Concessions. 1' 49 CFR Part 24 - Uniform relocation assistance and real orccerr/ accuismon :or Feceral ana 'ecer3lly assistec prcarams. 1 2 m. 49 CFR Part 25 — Particoadcn By Cisacvantageo Business Entemrises sn Department of Transcoration Programs. n. 49 CPR Part 27 - Nondiscnrnination on :,he casts of handicap in programs and activities receiving cr benefiting from Federal Snanci3l assistance.' o. 49 CFR Part 29— Government wide cecarment and suspension non-crarement, and government wine requirements for crug- free •.voreolace igrantsL p. 49 CFR Part 30 - Denial of public works contracts :o succtters of goods and services of countries that carry procurement marxet access to U.S. contractors. d. 49 CFR Part Al - Seismic safety of Federal and feceraily assisted or reguiatec new building ::nstruc::cn.' Office of Management and Budget Circulars a. A -8i - Cost Principles Applicable to Grants ana Contracts with State and Local Governments. b A -I 33 - Audits of States.-ocai Governments. anc Non -Profit Organizations These laws do nor apply to airport planning sconscrs. These laws cc not acpiy to crivate sccnsors. 49 CF.R Part l6 anc CMB C;rcular A -a7 contain recuirement for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments cy t.^.is reguiation and circular snail also ce applicable :o crivate sponsors receiving Federal assistance under ' Ice 49. United States Cede. Specific assurances requires :o tie included in grant agreements Dy any of the aocve laws: regulations or crcuiars are incomcratea by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to ac:iy for :tie grant. and :a finance and carry cut ::he crapesed project: that a resemnon. motion or similar action has been cult' aacc:ed or sassed as an official act of the agoticanis governing meet' authonzing the tiling of the aooiication.:noticing all understandings anti assurances contained :herein, and direct -g ana authorizing me person identified as :he osc:ai reoresenative of the applicant :c actin connection with :he application and to provide sucn additional information as may be required. b. Private Sponsor: It has'egal authority to apcty for me grant ana to finance and carry cut me proposed project and ccmory with all terms. conecions. and assurances of this grant agreement. '.t snail designate an official reoresentative and snail in wnung direct and authorize mat person :a fife tms application, including a!I anaerstanoings and assurances container therein; to act in connection with this aepiicat!on: ana to provide sucn additional information as may be required. 3. Sponsor Fund Availability. ;t has sufficient funds available .`cr:net ccrt,cn of the prole^. costs that are not to be paid by the United States. It as sufficient funds avasiabie to assure operation and maintenance of stems funcea under the grant agreement which it will own or control. a. Good Title. a. It. a cubic agency or the Feceral government holds ;coo ::tie. saasrac:cry !o me Secretary, :3 me lancing area of the airport or site thereof.:r will give assurance satisfactory to me Secretary :rat good tine'.wll ce acquired. b. For noise c.mcalibtirty program projects to tie canned out on :.he 3rooec/ sire soenscr..: holds ;boil CJe satisfactory to the Secretary to mat carton of the property upon which Federal funds wul be excencec or'.v:d give assurance :o the Secretary that good title will be obtained. Airport Assurances (3/2005) 4-2 5. Preserving Rights and Powers. a. It will not :site Cr 9ermn any action'Nnicn wawa ccerate :o cecme it of any ci ;1e rants and cowers necessary to :erorm any or all of :he :errs. ::rOitiors. and assurances :n :me ;rant agreement without :ne'Nncen aeoroval or !me Secretary. and Nil act :roronv :a ac:u"e 'x crguisn :r .modify any cutsanoir.g rgns at calms or ngnt of ctren wntcn',vouia mtenere Nim suc.. :erormance my me socnscr Th,s snail me acne in a manner acceotao:e :o ^..e Secretary . It •Ndl no: sell, :ease. encamcer. or otherwise :ransier cr Jscose or any Dart of is into or caner interests in :Me :rcaer/ shown cn cxmoit A to ins acoitpuon or. !or a noise c:moanbmty orognm orciec.:bat portion of the orooem uocn-.vnicn F,ceral funds rave peen exceraee. 'Or tfle duration or :ate :errs. :one:eons. Inc assurances in the grant 3greemen:'.vnncu: aaproval :o :'e Sec:elar/. it one rarsteree :s fauna for to Secetary :o to eiig:ole uncer Tine 49. '.'rxea States C:de. to assume tae ccligaocrs or :ate ;rant agreement anc :o nave tie cower. autOnty. Inc `nanc.at resources :c cfr/ out all suet couganons. lne soorsor snail : nser :n :he Contract :r rocrent vansfemng Cr cisoosinq :f the sccnsor's interest, anc make :ir.aurg OOCn the :rans:eree 311 Cf cle :errs.::nclbons, arc assurances :cntamec :n :n s grant agreement. For all noise c:n:gaubiliry orcgram :rclecs :Nat are :a ce :3rnec cu: t'y arcuner ;nit of local government Or are cn :rcoemy awned by 3 unit of :ccal ;ovemm.ent miner Lnan :he S:onsor..t will enter ntc an agreement with :hat ;ciemmen: =scent 3s olner lse scec;fiee my the Secerary, :hat agreement snail Coligate mat;;overnrnert :: one same terms. ztnatuers. 3na assurances at'Ncula be 3oollpcle :o ft aeohea cirercry to :.^.e FM for a grant to undertake one .noise :omoa;ici lty grogram :rgecL That agreeren: arcs :ranges thereto pus: me sansraC:Cry to me Secretary Twill :axe sets :a enforce tins aq:eemert against the cow government .t tiers is suns:antlal .rcn-corci,ance'.vrth the terms Cr :he agreement a. For -C:se m.z3U0tldy p(Cg:am CrClec5 came :arh*C :u:.n :rvate!v :wreC :::cery, :'.viii enter at: an aC; trent wim'he owner Ci rat :rooer/ '.vrlcn :n:,eaes orovilCn5 ;oec;i eC my •tae ]e !Iar4 ::4111 :ale St°a5 :o emCt-e ^.:S aq:eerie't against' a Ctccer! Cwrer'wr.enever :here :3 SUostantial rCn.t:mci:ar.:e •.v iL', :rt terms : r :ne agreement. e, It :he soonsor ' s a ornate scooter. it 'viii :axe stems SaLs:aC::r, 1:: -1e .iecfe arm r: ensure :ha: '-e 31r:cr, '.'ail ::narUe :::L.^:; On 35 3 gucuUCse airport :n accordance'.Yinf tiRse assurances :or :he Cural:cn Cr :nesd assurances. • I: at. arongemerl is made or management arc: ooerancn :I ace air_cr, by anv acency -:r :erscn ::rer :gar re s:0n50r Zr 30 en::ic/ee :r Ine socnsor. Ine sconscr'.vi,I :eSerre Su! c:er: -;r!S Inc 3ur.crip :0 tnsw:e I'at ]ne ;ir:ar:'mtl :e ::era:ec ;nc mamatnea in aCCormance T?3e 49, :r.::ea S:a:e5 floe :: a 'eggs:ions arc :re terr-S. ;:r.ci:,or.s 3r.0 a3SL:ar:e5 :n he ;rant agreement and sraii insure :nan suc.^t ararygr^eft also :eCL:res Crrsi an5e :nerewitn. 5. Consistency with Local Plans. "-.e :r:' c::s : eascraciv ::rss:er: -.vi;r :tars ±xs::rr. g at :. a :•"e Zr:r s:rlsszr 5, '-.:3 ac:"C3u• Pudic agencies :Mat are authon:ed ay :he State in .vr' :re :r::et:.5 :cCa:eo :: clar'or. :he :eveictmer::i he 3t) S.(CurCirg the almcr. T. Consideration of Local Interest. ::has given fair ::rs,cera!icr 'S :re ^:crest Cl ::mmLri:tes in or'ear-.vrere r -e :r-1ec: rav to :ccalec. 3. Consultation with Users, in maemg a cec:s:cn a Lhcecaxe ar's airxn ceve'oc.—er.: :rgec: '_r.ce'.::a =5 U,!iec States :,ace. :: has unaeraxen :easonacle ccnsucaucns win a:fecec :arLes Ls:rg :-e alrtc:: 3t'wn:cn :rc;ec: :s ::C:cse_ 9. Public Hearings. ;n artless :nvclving ;-.e scar.cr Clan atr:or• )r. 3,recrt r.r.wav :r 3 malcr ,trwav ex;ers.cr... ^35 armiriec :r.e oaconuniry for public rearngs for the ourtose or consicer:rg :r.e ec:rglr.C. social ]tic envir:rmetai er:ec:s s:: -e aircr::r-ur.way :ocanon ara :Is CCr.sisienc'I "vith goals arm oclec:.ves of Such Ciar Line 95 vas leer carried :L::v Cie ::mnunlr/ arc 1: shall ',wren iecueslec ov re Secretary. Suemit a coo/ cite :ransc :t :r linor-'a3••5 to Ire Sec:eta,, =_rrer r:r suc^ :rclecs : -as cn rs marageren: Coa:c either vCOng reoresen:auto i-:.^. :de C:rm.-,[:es wre.'e :re pr::ec: S .ccatec CT 3S acviseo re ::r.r..r.:hes that they nave •lie ign: to mention :ne Secrerar1 concerning a ;rcecseo :r:;ec: 10. Air and 'Mater Quality Standards. In :r.iec:s mvo:wng airport :-an:r 3 ^. a cr vrvav ex:ehs,cr_ Sr TJr•,vay 'cca::r ..v-11 :rovide tor :r.e Governor :r :he State in Nhicn the crojec: :s ccatec :a care/ :r....n::ng :o :he Secretary that to :rotes: .vile as ccatec.:es:gcec. :onsttUC:eCand oceratee so as :o comely'.vith aocl:cacle air arc "ate' cjality s:arcarcs r, are -ace :irere sucr star•c3:.s `awe rc: been 3c0::veo and where aopicaale air and '.eater :Oat::/ starcarcl Lane Seen :r:mu:gated Cv :re .4cr':r:stra:-f :r lne=❑v✓cnmen:a; Prctec::cc=gency. cerficacon shall me oct3inec frcr s'.cn 'cr::r:s:rstor Nct:ce :emficaJcn :r :efusa• to-er..l•r snail :e crovicea Nnhin sixty mays are, :he drdlec: Soo::cation has Seen :ece:cem :v :tae 3ec:e:ar/ 11. Pavement Preventive Maintenance, ':11th rescect to a arc:ec: acct:vet ar.er :arnary . 1555. .'or ae :ec!ace.^er.t Cr ecors:n:c::cn cf gavemer.: at the airtCrt.:l assures or r-er..:fes :hat 1 vas rt:ere-iec an e!'ecve auto:t :avenent'fair.:e.^.arce-rnanager,er: orcgram aria .t assures :,at .t will Ose such orcgram. !or !tae UseSl ire of any :aver.erd :cnstrjc:ec - cons:nlcec :r:ecairec .Vim Feceni 5ranc:31 assistance at the airport. :t will drevice such :ecc.^•s cn caver,er.::arc^:cn arc :avemer,r :raragemert:rgrams as :'e Eec:aary cetermones may ae useful. 12. Terminal Development Prerequisites, P.r :m1ec 5'.vniCn -c:;:e :e!M!rai :eveic:ment at a :colic .se air;cr. ;s ]errec n 11ve 49. : has. on :r'e care of sucn,,rtai of :he orclec ;rant scoots CCr ail tie saver) a:u:Cmerneq'Uaec !:r :ert5ra :on Si such dRCcr Baer sec:::n 4470601 Tine 49. United States Cade. arc ail me Sec: mar/ eC'u:mme recurea by h..e or reguiaoon. ara -as otov'Ceo ;Cr access :c me oassenger enplaning and cecianing area of such alrtcr to :assergert en:larmg an::ecianin^v':d.r. aircraft titer nan air canner 31rcran. 13, Accounting System. Audit. and Record Keeping Requirements. a. II snail 2eec all orc!ec accounts and records 'NrICf ]tie ::Sc::Se :-e Ircun: an::socsincn :/ the iec::tent :f one :rccee:s of the Jrar.t. :Me total cost of the :rclect in or..rec:icn-.vf,.::vn:c] be y9r: S gi•/en :, '.Sad. Inc _ e amount :r .nature :: :^.at :Cr:Cn or %Me cost :r LMe orolec: suoolled by other sources. arc swcr ::her':harc:al retorts :err.ent :: :tie o.T_;ec:. The c:cur., and :ec:rd3 snail to .ea in accorcance 'Nlth an accounting svS:em : at'.'oi1 a_:^.ale an t'eCYe 3u0i: fl accorcarCe 'm. ate Sirg!e.luci:.=c: of :954. a. :t frail make a•vailac!e :o the Secretary arc she CaraL'pler 3Lner3i :f tie Jni:ea States. Cr any Cr her :u:y aL:nori:ec recresentanve3.:or :tae ourocse of auc:: anc examiraOCn art :coKs.:ocurer.ts. racers. Inc iec:rCs or Lae recolen: L^.at are pertinent !c the grant. The Sec:etar/ may reeuire rat an 3c:rocna:e aucit Se Concuctec :v 3 :eCClent, n any Case :n minion an incecencent audit is made of the accounts or a 3m:nscr e!at:rc :o to csoos:nCn of he orzceecs :f 3 grant :r :eiaong :o one :rclec :n ccnrec:len with '.vnicn :he grant was giver. or -;sec..: snail °:e 3 :e.rt ec :toy :: such auc::'.. n the Conde :der `ieneral of :tae United States net later :nan six (51 ,months .'clewing tae ::cse :f are 'sal .ear !:r'.vrich the accit -was rtace Airport Assurances (3/2005) V-3 t. 14. Minimum Wage Rates. It snail mc:ude, in all contracts in excess or SZ,:00 for work an anv prc)ects funded under the grant agreement wmcn involve labor. provisions establismng minimum rates of wages, to as oreeetermined oy the Secretary of Labor. In accordance with the Davis -bacon Act, as amended (40 U.S.C. 276a -276a -S), Wnicn contractors snail pay to sxilled and unskilled labor, and such minimum rates snail ae stated in the invitation far bids and shall be included in proposals or aids for work. 15. Veteran's Preference. it snail include in all contracts for war x on anv project funded under me grant agreement wnicn involve labor, such provisions as are necessary to insure that. in :he employment or labor (exceot:n executive. administrative. and supervisory positions), preference shall be given to Veterans of the Vietnam era and disaeted veterans as defined in Section 47112 of Title 49. United States Code. However. cols preference snail apply only where the individuals are available and qualified to perform the work to wnicn the employment relates. 16. Conformity to Plans and Specifications, it 'nut execute the protect subject to plans. scec:ncatians, and schedules aoomved by the Secretary. Such plans. specifications, and schedules shall be suomittec to the Secretary ]nor :o commencement of site preparation, construction, or timer performance under this grant agreement. and. upon Approval of the Secretary, snail be Incorporated .rtto :his grant agreement. Any rnoaificaton to me approved plans. spec:fications, and scheeules shall also be subject to approval of the Secretary. and incorporated into the grant agreement. 17. Construction, Inspection and Approval. !twill provide and maintain competent technical supervision at the construction site throughout the project :o assure mat :he work conforms to ire plans. specifications. and schedules approved by tre Secretary for me crojec:. It shalt subject the construction Work on any project contained in an acprovea protect application to inspection and approval by the Secretary and such' want snail ce :n accordance with regulations and procedures crest^cep by the Secretary. Such regulations and orocecures snail require such cost and progress reporting oy the sponsor ar sponsors of sucn croiect as the Secretary snail seem necessary 18. Planning Projects. In carrying out planning projects. a. It 'viii execute he orolect:n accorcance'.vith the approved crc;ram narrative contained :n the project Application or with the modifications similarly approved. b. It will furnisn the Secretary with such periodic reports as reauire^_ Sertaining to the planning project and planning w,vorx activities. C. it will inc:ude in all oublisned material prepared in connecdcn'wnh me canning pro:ect a notice that :Me material'. was prepared cncer a grant oraviced by :he United States. C. It .viii make such matenai avaliatle for examination ry the cuohc, and ogees that r.c :atenai prepared with `ands cncer his project snail be suolec: to copyright in the United Stares Cr any other :aunt; y. e. It will give he Secretary unrestricted authority :a publish. eisc:ese. ;str.aute. and cmermse use any of the matenai orecared in connection with this grant f. It will grant the Secretary :he ngnt :a disapprove the sponsor's emoiovrner,t of spec: is ocnsuitants arc :heir suction:rac:crs to cc all or any cart of this oroiect as wed as the ognt to disaoprove the arresec scope and cost of professional spruces g. :t w.vul grant the Secretary the right to disapprove me use of the sponsor's employees to cc all Cr any cart of the project. M. it understands and agrees that the Secretary s approval of ms pr_ject ,ant or :re Secretary s approval of any planning material developed as cart of this grant does not ccnsr:tme or imply any assurance or commitment on the part of the Secretary :o approve any pending or future application for a Federal Almon grant. 19. Operation and Maintenance. a. 'The airport arc All facilities witch are necessary to serre :,is aeronautical users of the airport. other than fac:iities owned or condoilee by ire United States, snail be operated at all times in a safe arc ser:iceaole conciaor. and :n accordance with the minimum standards as may ce required or prescribed by Applicable Federal, state and .ccai agencies for maintenance and operation. t will not cause or permit any activity or action thereon nnich would interfere with its use or airport purposes. :t will suitacly operate and maintain the almcrt arc ail 'acidities :hereon or connected therewith, .vim cue -ear :a climatic And "cod conditions. Any proposal td emporaniy close :,is airport for non -aeronautical purposes must `Irst ce acprcved oy the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements far - (1) Coerating the aimort's aeronautical facilities whenever reequired: (2) Promptly marking and lighting hazards resulting from airport ponc:cons. including temporary conditions: and (3) Promouv notifying airmen of any condition affecting aercnauucai use cif :he airport. Nothing contained herein snail be construed to require that me airport Sc coerated for aercnauucai use curing temporary periods when snow. "doe Cr other cSmatic conditions interfere with such operation are mamrenanca. Further, nothing herein snail Se construed as repuirng the maintenance, repair, restoration, or rea:acement of any structure or fac:nhy'wnich is substantially damaged or destroyed due to an act or Goa or other condition or circumstance beycnc :he control of the sponsor. b. It will suitacly ooerare and maintain noise compatibility program ::ems :❑at it owns or controls ]con wmcn Federal tunas nave been expended. 20. Hazard Removal and Mitigation. It will take acorconate action to assure :hat such zarr ai airspace as is required to protect instrument and visual coeatlons to the airport (including estaclished minimum fignt ait:tuces) will be Adequately cleared and protected by removing. lowenng, relocating, marking, or lighting or otherwise mitigating existing aimar, hazards and by preventing me establishment or creation of future airport hazards. 21. Compatible Land Use. it' will take appropriate action, to the extent reasonacte. including :he adoption of zoning laws, to restrict !rye use of land adjacent to or in the Immediate vicinity of the airport to activities and purposes compacbte with normal airport operations, including landing and taxeeif of aircraft. In addition. if the project is for noise csmpanciiiry program molementation. •t will not cause or permit any charge in land use, .virhm its jurisdiction. that will reduce its comoattiury..vim respect to the airport, of the noise compatibility program measures upon wnicn .Federal funds have been expendec. Airport Assurances (3/2005) V -u 22. Economic Nondiscrimination. J, It'enl .make :he airocrt 3va:iaole as an airier, for nuolic use on reasonao!e terms and •.vifhcut unjust aiscnmina:on to all types. 2mas anc ::asses at aeronautical ac:.vices ac:ucmg ::mmerc:ai aeronau:tai acuvines offering services :c me puoiic at :re airport o. in any agreement. -antracL :ease. 3 corer arrangement uncernnich a fight: r :college at tae anon is granted :o any person. 5m, cr r_rporation :o conduct. Cr :a engage in any aeronautical ac:ivlry for Srrnisrmg services :o the cuenc it me airport :he socnsor will .nsen ana enforce pmvsions requiring tre c:mrac:ar :o- (1) .'urrlsn said services an a reascnacle. and mat ::nlustly aisciminatcrv. oasis to all uses :hereon ana (2) charge reascnaoie, arO not un)us:ly :scnm!na:ory.:noes for eact unit or Service.:mviCed :hat Lie contractor may Ce allowed to make reaSOraC a and nonaiscruminatcri-:SCcunr3.:eoa:es. ar Omer similar types Of once reaLCons ;o .plume::✓masers. C. _3Cn xea-based cpefater at :tie ai don snail to suo;ect f3 :1e same f ates. N_S.:entals. and other a1arges as are uniformly applicable :a al au,er oozed -cased ooefarcts rnaxirg :1e same Cr similar uses of such aimCn and uh:iz:rig :me same or similar taohties. a. _ac.' air :artier using sucn airport small nave to rggrt :a service rsett or :0 use any 5xed-hasea zcerator mat is authorized Cr :erm:nec by :de .moon :o serve any air :artier at such airport. e. :3cn or :]tier using suer. airocrt ''.vnetrer as a :crap!. icnterant. -r suotenar.t of aflame, lit :3rner lenanr) Snail ae suo.eC: :3 supr ncric.scnminatcr/ and 3uos annally c:mcara::e:l.:es :eguiatcns. :anck:Ons. rates. fees. :em:ais, ana amen :narges vim resoect :c fac:liaes Oirec:ry and st:ararraily :e:atea :a :pvicingg air Sdrs3ort3ticn as are acoiieaole :0 311 Luc:. air .:3rners'wnicn Take S;M;iar'ise of SUOn airtOrt arc :^ice s:m:iar fac:ines. Suoln: 13 reascnac;e ::assi0Cduans such as tenants ar'cntedarts arc siggna:Cry ame,s amm ..ansiggnatOry :amen). ::ass, ca::cn or status as :,r..an; :r sig,^.atory snail not cc unre3sarac y'.vithneid :v my airoCt :rev'Cec dr. air :ar'er assumes :ovgaticns suos:anualiv similar :c apse lireacy m:Oseo On lit Carvers .r. Sac Cass;nCat.on or status It'.vni 1C1 exerese or ;romt any :yr::r :r:'riiege '.vnic0 c:erates to prevent any Berson. iirT.:r. ::r_cranor. a0eraucg aira:an an :r.e a,rccn from pertormtng any services :n :s Own air3rt wit..is own em.:icyees (!r.c.ce:ng, out not ;mites :: maintenance. repair, and h:eengj mat it may ctcose to :enorm. g in ❑e event :be sponsor ::serf exerc;ses any at :re r.c..,s and :nvileges :efere0 to :n ^.is 355urancie :r.e sernces irvavec will be drev'Ced :n :re same ::nclfCns as .vCuiC anCly r0 :..^.e il::r;sningg of such Ser'ices Dv camrter::ai ae!arauecal Ser.ice orcvicers au:nu::ed :y tr.e soonscr under :nose :•oas:crs i1, The s:cnsct may estacirsr. such-e35Cr3C!e. 3nc rot ureus::? ::sa:lm:aa:cry.::"Ai::ens ;o :e met :y ail users ^-f're air:cr^. as may :e necessary :of one safe and effcenr :oeraticn or ne 31r_C The s:CCSOr -hay oronicit or limit any ;:vet -/oe <i.^.a or Jass :f aercr.aelc3l use Cf ;re aircr .! sc:l Acton is necessary :Cf tie sole cod nl:cn Of fie 3iroer Or neCtsSary :a Sent rte:�T 3viatic.n lees :::re zuc!:c. 23. Exclusive Rights. itwi:l permit .no exc!"ive;:gnt!cr:.^.e'_se of -e a:rtort cv any :erson orrnarg. at r:erc:ng:a ::pincer aercnauncai services :o :re cuolic. For purposes of :n!s :aragracn.:re oreviairg of one sernces at an au:ort c e a 3:ngie 3xec casea cerator snail not tie ConsL^..'ed as an exclusive ngr.t if tcir.:t :re •cllcwing 30C V" a. It '.vcuia :e unreasonaciy Costly. our:enscme.:.:m.:rac::cai for more :..an one :: xec-oase] ::era::::J crovice such sernces. and If ailcwirg ,,ore :tar• :re rxec-oased ::eratlr :::rv:ce sir:- sernces •vCu:C :ecu:re :r.e : ecuc:ian :: mace 'eases :u:suar.t :o an exis:Ir;; agreement aerween sucr sing:e'.ec-oase] pcerat0: ana 3LCh airt01 . 1: runner agrees at t will not. either :ifec:ly 0r ina:rec;ly. ;grant or :errit any tenon.:1Rn. :r :omcnDcn the exC:csne Iig^tit at The arpert to conduct any aeronautical 3c.r,cies. flouting. out not limned :::nrrer'. ignts.:tic.:raining . dirt -ran .en.ai ana a:gnseeirg. aena, :notcgfaony.::ca dusnnq. aerial 3avems:rg 3nc suneeving, air :amen ::emt,Ons. 3ircran sales and services, sale a aviation peU:Ieum Jroduc:s wnemer or not c:r.cuCBc in coniunction'mtn other 3ercnauncal activity.:eoair anal .maintenance of air::art. saie :r dircrdr :arts. arc any other activities er:cn because a::near :irec: relaticr.snio 13 :re :oer3nan :t 3irCt t Can Sc regar:ed 3s an aercnau::03l activity. anc :hat t Nil terminate 3n'y exc:us:ve 19flt :O c:ncuc: an aeronauacai ac::vir, low existing at such an aimort :efcre me grert of any assistance uncer "lire 49. Jnitec States Code 24. Fee and Rental Structure. It '.wil rnain!3in 3 tee tine ,eriai s:m^.::e for '^.e :aciities ana services at :.^.e aircor '.vnicn'wiil mane the aircor as self-sustaining as cossiole "veer one c:r:umstar:es 'xis::ng at'ae zaRicu:ar aimor.:axidg unto account sucn factors as tae volume of Taffiic art ec:rcmy of Cdle^Jor.. No oar of :me =eceral snare of an airocrt :evelco.ment. artCC canning Cr noise comoao rift', project for wntl a grant is mace :rcer load 19 Uni:ec :fa:e9 Coae. uie Airco and AL'•vav :Marc AC::: 1982. ;^e Feoerai, ircor Ac: or I,e Aipon anc Airway Ceveiopment.Act or : 91 i snail tie ir.c:ucec in re rate oasis .n es:ac::snirg lees. -ales. Inc charges for ]sets at :^at aimon. 25. Airport Revenues. a. All revenues generated cy :tie aupor arc any:cwt axes an aviation ''ter est3ciisneo ;tier:et,mcer 30.:387. wiu cc exoeccec ay it for :me capital Cr ooeranng :ass of re aimor' Cne ccal airocrt System. :r ctner:0O, fac:lites wnicl are owned r :aerated dy :ne owner or Operator of one a:rocn arc-.vricn are L:rec:!y ana suostannaiiv re•aled :0 :1e actual air Sarsocnat:on of :assengers Of ercoem/. or for noise mitiganen our.asei :n or on :.^.e airper ?rovidea. ncwever rat it covenants Jr assurances :n ilea: aouganons tssuea :efore Seotemder 3.:982. a'r se owner :r :ceratcr cf :me alpar.:r :pvisans erac:ro zerore Sec:emoer 3.:982. in ;overnirg statutes Controlling :tie cwr.er or :Crater s :narclg, prcvOe or :r.e -se ct one :avenues ;rpm any cf :me airocrt owner or operators fac:iiues: ncuc:ng ,1e airocr, 10 SuDCCr lot only '.'.e aimor-:ut also :e ampr. :wner cr zoerators general sect :cligat,ons ..::tier faclities. r..en nis urination on :-e se :f 3n revenues ;enera:ec cr :me aircor• ;anc .1 :.re oase :f 3 ouC:iC alror.:003 :axes On aviation fuel: snail rat apply. O. As car of me annual audit reouirec under :e Sir.g:e Audit ?c: Ct :984 :^.e socnsor ..ill evec::vat re audit will review. and tie resuicrg audit reocrt will croviae an con:cn concerning. the use of airoon revenue and :axes :1 oaragracn 1a,. arc indicating wnetner .uncs said or :ransferrec :c one owner Zr :peratcr are pair :r :ansferre::d a manner consistent ".win rile 49. United States Cade ana any crater acolicaoie or vision ST 3w. ieu0mg any'eguiaacn promulgated cv to Secretary :r Acmmistrater Airport Assurances (3/2005) V.5 0 • f' - c. Any civil cenatties or other sanctions will be 'moose d fcf • iolaucn of this assurance in accordance with the provisions of Section 47107 of rite 49, :.nttea States Code. 26. Reports and inspections. It -will. a. submit to the Secretary such annual or special 9nancal and coeations reports as the Secretary may reasonably request and make sucn resorts available to the puolic: make available :o we puolic at reasonable times and places a report cr the airport budget .n a format oresutbeo by the Secretary-, b. for airport :eveicomert prciects. make :he airport and all arocrt records and documents affecting the airccr. Inc!uoinc deeds. leases, operation and use agreements. regulations and other instruments, available for inspection by any cult' authorized agent of the Secretary upon reasonaole request: C. (or noise compatibility crogram projects, make records and documents relating to the project and continued compliance' with the terms, conditions. and assurances of the grant agreement including beets. eases, agreements, regulations and other :rstruments. availaoe (or ;nspecaon oy any duly authorized agent of the Secretary upon reasonaole request and d. in a format and time oresc:bed by the Secretary, provice to the Secretary and make available :o the puolic following goon 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 far wnicn each such payment was made' and (ii) all services and orcoerty provided by :he airport to other units of government and the amount of compensation receivea for provision of eacn such service arc orooemy. 27. Use by Government Aircraft It will make available all of :re facilities of :re av^_cn developed with Feceral `nanc:a ass,s:acce anc ail those usable for'arising anc takeoff of aircraft to the United States or use by Government aircraft '.n common with other aircraft at ail t:mes without charge. except. if the use by Government aircraft is substantial charge may be mace for reasonaole snare. prceemonai to sun„ use, for the cost or operating and ,maintaining :he fac:lities used. Unless atr.envise determ:rec by the Secretary. or otherwise agreed :c cv the sponsor and the using agency, subsantial use :f an alter, cv Government aircraft will be opnsicerec to exist .vnen operations ci such aircraft are in excess of :nose whom. in :he gpirner, of the Sec:etar:..vcuie unduly aterrere .vtth use of the and:rg areas pt' =tiler autrc;zee aircraft, or burng any :alencar month rat- a. Five i,5) or more Government aircraft are reguiar!v cased at tae aught or on !arc adjacent :rerecc: or b. The :oaf number of movements :;coun(;ng each arcing as a movement) of Government aircraft is 200 or more. or the gross accumulative weight of Government aircraft using the airport he :oaf •^ovem.ant of Government avcrar, mu:bpued by gross .ve:gnts of such aircraft) is in excess of five million :ouncs. 28. Land for Federal Facilities. It will furmsn without cost to :re Feceral 3overnmen: 'or use in connection win any air :iarrc control or air navigation acvities• or weather-reocrting and communication activities reatec to air traffic contra, any areas of !anc Jr waterCr estate therein, or rgrts in ouildincs or the sponsor as the Secretary considers necessary or aesiraoie far construction, ooeration. and maintenance at Feceral expense of space or facilities for such ourcoses. Sucn areas or any pcn:cn thereof will he mace avanace as orovidea herein within tour months after receipt of a written request from the Secretary. 29. Airport Layout Plan a. It •.vtil xeec uo :d date at all times an aircort layout plan or :he arxrt snowing (1) oounoares of :he airport anc all proposed aedmcns thereto. _getter wan the boundaries of ail offsite areas owned Cr controlled py me sponsor for airort ourcoses and crocosec adoiponsthereto: (2) the location and nature of all existing and orccosea airocrt faciiities and structures (such as runways, taxiways aprons, terminal buildings, hangars and roads). including all crdposed extenvcns arc reductions of existing airoort acdities, and i3) the Iccadon of all existing and proposed nonavadon areas and of all existing imorcvements thereon. Such airport layout mans arc each amendment, revision, or modification thereof. shad he suz!ec: :a :he approval of :he Secretary which approval shall be evidenced by :he signature of a duly authorized representative of he Secretary on the face of :tie airoort!ayout plan. The soonsor will not make or perm:: any changes or aiterations in me sitcom or any of its ac Imes :rat are not :n ccnicrm(v with ;tie airport layout plan as aooroved by the Secretary and nnicn might. in the opinion of :he Secretary. adversely stiec: the safety. utility or erfiaency of the airocrt. b. If a change or alteration in :he airport or the .s mace wnicn :he Secretary determines adversely affects ;he safety, utility, or efficiency of any feeeraily owned. !easec. or ,'uneec orooervy on or aff :he arccrt and wrich is riot :ti conformity with :he airport :avout plan as accrovec by the Secretary, the owner or operator will. :f -ecuesteo, by the Secretary 11 ) eliminate such acverse effect in a manner aooroved by the Secretary: or 12) bear all costs of relccaung such prcoerty for :eoacement:hereon to a site acceotaoie to me Secretary arc all costs :f restoring such property ;or repacarrent :Hereof) to :he evei of sarery..:diry. eficiency, anc -zst or cperaticn existing perore the unapproved change in me sitcort or Its falnodes. 30. Civil Rights. :t. will comply with such rules as are oromulgatee :o assure :hat no cerson shall, on the ;rungs of race. d: eec. color, national origin. sex, ace, or cancicac be excluded from particicating .r any ac:viry :oneuc:eo with Cr cementing from lures received from !his grant. This assurance obligates the soonsor for the pencil curing which Feceral financial assistance is extenced to :he orogram. except where Federal tinanctat assistance is :o arovide, or s in the form of personal crccer y Cr reai prcoerty or interest therein or structures or imorovements hereon in whorl case the assurance obligates :he sbonscr or any transferee or the of the following periods: (a) :he period during wn:cm the property is used for a purpose for anion Feceral .'irancal assistance is extercec, or for another purose involving the provision of similar services or benefits, or (b) the pence curing wnicn the soonsor retains ownersmp or possession of the orcpem. 31. Disposal of Lana. a. For and ourchasea under a grant for airport noise oomoattbuity ourcoses. 'twill :is00se of :he ;anc when he ;and is no longer neecea for such oucoses at fair market vaiue at the earliest :rac::Cache time. That portion or the proceeds of sucn disposition wnicn s orcoortionate to the United States' snare of acquisition of such :arc will, at the discretion of the Secretary, (1) Be paid :o the Secretary for deposit in :tie Trust Fund, or t2) be reinvested in an aooroved noise ccrnoatbdity project, as prescribed by the Airport Assurances 312005) V-3 CURRENT FAA ADVISORY CIRCULARS FOR AIP!PFC PROJECTS Undated on: 7/1105 CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS 4U R nne '^JT46G-:and CSance : ;Cesui on 'aan.q and ..grrnq °GS..GG-:3 Anrcurcament Cl Ova aCiiM-•3 GA : nC.. CCCJmenl 9.CA-i3: '3:Ca1rG :Mmn'r1 anC rt.corn ato Requ.,efflf ,r A0R Smtye l i(.•rS¶CG-: <rs IC.... 4:Grlf YeG4Yemrals -Cr The A'recn I^cro eren: P^Sgnnn. ,50:07C -0A !Atence. '•taster ?tans '<c1<• go-' era Cranoe :- c:mne Rmnts ane M'n'rrum 3:aneams far C, mmerc:al Atmnacrcal Ac::vmn I Oi52CC-Z!9 Not, -el :a A.rmer NCTAMS AhlS! ' c ,1rcr Coara.Us 1'0/520 -id IPa'r;mq. Marx no ana'_:grnee :r venlc:es Usec :n an a'raon t<C,2. � I'IrCar.-:re inc ResCCe Cammtn.caucrs 15G[2. 0-;2g I`.'/az• 'escue R'ars. = sc:1'.es sne iiI<_Z:0- : :A Auc:r=-r.ana.:asct. a Pencrra P•c:ecJveC:c:r. rq <4:<2•--;[ 'Arncn Ptscvt s r:mgr.:cG S:atcn 3ullC;ng Ceacn i5G52 ::-:d -or In:emar.e 'am¢: fl Anon• •[0115]•0-'3 1]rr.ers _nrancea 'i 5J t Sister, rOE:SI I]usaq iIfre^s :Cr Av:rar: Flre ana 305Cu0 =-3t c.Cn IG.'ce SOec:rcanor =r J/ater6aam i'iceA.eCfan'es:c& Jrc='r C+: 'a 'rerlc.es 0./19 ,3un.va'e Sunace d_rc.ncn Sertar Scac,.ca.cn G:'ca < .<--r.IcC !Au:cra:ec %`!eK'ar COsernrc 3.s:amf !or NCn',c&3i-ec,cJeors SG°3+^1ia ma Coance' ICncn 3tanmms:CrA'rnr?ezc_t='•eer. r.^c °'ax'r.e=u'. :.es :5•]!°__^. :9 I3uic^.Cs'or $:orate are +.Ia•nrerance or J mcr Sn.;w anc -c, . --^C: __u6rer: ant: . 3:e'an I;5C,f0.19 IG.:ce Scec:.<.carto for Srna'i ]uaI. cenr 1'.cn^. Rese arc - re-r.-ra •xr C es I._*_.__. ,r ara Cang. : -- IA VOCr Snow inc !ce C.n:fa "ccucmeo: < <+ rG,.-e Ii _-.' S icec: cat.r. 'Cr1.-5': sae :: Boate =^•'ra 3 ns<rcen ::-_ •-:qO:::r, r:a /rent: I' `0:5_ Q-'_ ana C.`ancr' IEre.neerne brave^a.5 Arrs,rc 3•s:nmf .c'.IASt'a - rort :ve^.:s 15G<SOJ-:3 jr.o C nges : "rouC% 3 A'q<:::eSccr 171°. -,.+.G -;J uno C`anCe, : ]ra 2 1'O,scn :r c rc- n • Attu r IC I::rf :50;532C-3 'A'rcr! Ctaaact '<C;!3 3-30 CtarCtf "royan' IA•mcr °tvenert ;c,Icn anc-iacaucn ira I•<• < ^ r C arc _ .aLCef •- ..:OUC � O I\Iea Aremen! '- • ` c C e,,:ant ' _.nS:n.C4an ]fa ..;alrle^]nZe .r -^-` .w If:Jnl rt Pnerer: ScrKxf I; 5G5320-: J IAir_cc'_anasc3c'na :cr ,c',. _arrrm Pureses I: °G5320. is Sra '.?ante : IhianaCxmer..: L Apccr. lr:Ccs:.'.ar'aafle I•</[3 -n •- >Iciec '3de^er; J..raca S. a'aayc an. Qj'na IC VERI'.larua'f 5G;!325 -IA arc C.ancs IR_nwav'_trq:n necu:remor's:.f A.r:Cr Cef.Cr S Qeocrna P3vemer: Saenc.. a[9 I 5C/!335.j inc Cana. ancarc'Ceq!•Lmoo of Ii5G340-L' IS;arcar_s •ci 1':ocn-.Iar<'res yC C'Jnp SCC:'e'1:ea'..IC:e y!«'.'.Idr<e: :J A:em 1!40/5340.1 d0 jSar.aarc, Or 'tccr Sc,. S.s:am.f Su57--'^- Taarav Cn:e^'nx'_:Gr.Jnq _ ,E,^ 1t 5G 531>-:. Soe:; c]ucn cc '2' °x.e f _: ae,re:e C_n;rm :: -J:Ort j:5Vl<i4S. yc C.rt ;t C!ec:Cr Sb.FG 150.'5745.'= !sc,c::C,LCn :Jr ___a tjrcer:: Ivna t eorc]r =1e.e -C. ..r'Ar . 0',5+45.:CC ISo.C.:.ca cn:or Ccns:auC_rrert gevu ate/' ?e^..:arcr'.Mr':a(f ZC SOacncacan a='rcor, tcc -year! 3eacOn ; SCic3J5-: 1:5C15+15-: Sor_:I:.augn:.r_r:='Jour/= tiav cocmef 4sser—v, ra.'c::::?cra a•:cr. 1.:e:+c ^ic'.n I°' '<OI<+JS-2-C 'SaaC:'W:'an'ar'--' 2 <-. 1.G inc 2eCeal]q:e _iCle=-nrK:f I•.. <-•5,- I$geC:^[]I:Cn 'or ': •r] Cr, ^Stf^JI'ef Airper, Assuracces 2/2005) `/-3 Secretary, including the ourchase of nonresidential buildings or property in :tie vicinity of residential buildings or property :reviousiy purcnasec cy the airport as pan Cr a noise ccmpanbitiri program. i b. For land purchased uncer a grant for airocrt aevelccment purposes )amerman noise compaueilitv).:twill. when me land ,s no :anger neecec for airport purposes. Cisocse Of SUCh land at .fair .market value Cr maxe availaple :o the Secretary an amount equal :o the United Statesprcocrtrcnate share ci'the fair market value of the land. That oorecn of the proceeds of such clsposrtlon which is proportionate to the United States snare of the cast of acquisition of such land will. jd) Upon application to the Secretary, be reinvested in another eligible airport Improvement oroiect or projects aooroved by the Secretary at mat airport or within the oacorist airport system. or (b) no paid :o the Secretar/ for deocsit in the Trust Fund if no eligible project exists. C. Land snail be considered to oe needed for airport purposes uncer this assurance if (a) It may ce needec for aeronautical pumoses (including runway protection Ones) Cr sere as noise outer lard, and b) :tie revenue from interim uses of such land contributes to the financial self-sufficiency the aircon. FUnner. and outcnased'.vith 3 grant receivea :y an aimort operator or owner before Cecember 31, 1987, will oe considered to oe needed for aimer, purposes if me Secretary or Federal agency making such grant before Cecember 31, 1987. was notified by the operator or owner of the uses of such land, did rot object :o such use, and the and continues :o be used for that purpose, such use paving commenced no later Than Decemoer 15, 1989. d. Disposition of such land under (a), (b), or fc: will be subject to the retention or reservation of any interest Cr right :herein necessary to ensure that such land will only be used for purposes which are comoanb:e'with noise levels and safety associated with coeration ai me airport. 32. Engineering and Design Services. It will award each contract, or suc-contract for orcgram management. Construction management, planning studies, feasibility studies, architectural services, preummary engineering, design. eocmeer!ng, surveying, mapping Cr re!atec serncas':nth reseec: to the project In the same manner as a Contract for aremtectural and engineering sernces s negotiatec uroer Ti:.e IX of the=eeeral Precert and Administrative Services Act of 1949 or an equivalent cua!ifications-cased recuiremect prescmee'Cr Cr by :ne sponsor of :rte aircon. 33- Foreign Market Restrictions. R vial not ai1Cw funcs :rovicec _veer tots ;rant to CC used to fur.a any Crojec: which -ses any-rccuc: or service of a foreign country curing the penes in 'Nincn such foreign county/:s lister oy :he United States Trade :Representative as oer'iirg fair and ecuitacle market opportunities for arocucts and suppliers of the Unitec States .n procurement arc donstrect:tn. 34. Policies. Standards, and Specifications. It will carry cut :he croiect :n accordance .vim ooiic:es. standards, one sdecifications aoproved oy :he Secretary including cut not Ilmitec :o :he acviscry circulars .istee :n he Current F .;A Acv:scry C..cu:ar ;Cr. =;P Crciec:s, gated 7"i05 and me:u:ec in :his grant. and in accordance' with acc:icacle state :glides. standards. arc scec:acau0ns acprovea dv the Secretary. 35. Relocation and Real Property Acquisition. t1) t'.viii be guided in acpuinng real Cr_cerrr.:o :ne greatest extent crac:icaoie uncer State law. ov re and accuisition oeiicies in Suocart S at 49 CFR Pan 24 and will day or reimburse :rocerr/ owners for accessary excenses as soeciaec :n Suocan B. t21 it will crevice a relocation assistance Grogram offering the servicas descr:bec in Sucoar, C and fair and reasonacle relocation payments and assistance to misplaced cations as :equireo in Suopart D and E of 49 CF.R ?art ^_4. ,2} it will make availacle within a reasonacle cenod of time prior to misplacement, omparacle replacement cwe:iiirgs to c:sciacec persons in accorcanca with Succart E of 49 CF.R Part 24. 36. Access By Intercity Buses. The airport owner Cr oceratcr'Nill permit. t3 the rnnaximtm extent Grac:icacle :nterm'n'r, eases or other .modes of transdcr-a: on to nave access :o the airport: however. '.t has no collgatic❑ :o fund stec:al taciides rot :rater:ay buses Cr for strict :hoods of bansocnaaon. 37. Disadvantaged Business Enterprises. The recipient shall -tot discriminate an the Oasis of race, color. national origin or sex in Ire award and oer:rmance of any DOT -assisted contract or in :he aemmistraticn cf is DBE orcgram or the requirements df 49 CFR Part 25. The Rec:oient snail take all necessary and reasonacle secs under 49 CFR Pan 25:o ensure non :iscrmmancn in the award are administration of COT -assisted contracts. The recimenfs DBE orcgram, as required by 49 CFR Part 25. and as acorovec by DOT. is :nccrccrated by reference in this agreement. Implementation of :his orcgram is a egal oOLCaticn and .'allure to carry cut ns :arms snail be treated as a 'riciacon :f :his agreement. Upon notification tc the'actoient of its failure:: carry out its aoprcvec program, :he Cecanment may :moose sancxns as oravided for under Pan 25 and may. .b acerwnate cases, refer The matter for erfcrcement under 18 U.S.C.:0C: and/cr:tie Program F-aud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. It the airport owner or opera:cr and a person who owns an aircraft agree mat a hangar s :o be constructed at :tie aimort :t the aircraft at the aircraft owner's exoense.:ne aircon, owner or operator Niil grant t0 the aircraft owner for :he hangar a long term lease :hat s suojec: :a such terms and conditions on :tie hangar as the airccr, owner or operator may impose 39. Competitive Access. a. ::he airport owner or operator cf a medium or la ge nuo aircon ;as defined in section 47102 ci ace 49. U.S.C.; has aeon unable :d accommodate one or more requests by an air carter `br access td gates or other ac:lit:es at ;rat airport .n crcer :3 ailow the air carver to previce service to :he airport Cr to excerpt ser/Ice at me aircon,. ne airport owner or operator snail transmit a repcn :o Inc Secretary that: 1. Descrces the requests _. Provides an explanation as to why the requests Ccuid ❑c: be ac:omn,cdatec: arc 2. Provides a time frame within 'Which any, me aircon will ce ao!e :o acccmmodate :he rec-asts. I Such report shall tie due an either F ecniar/ 1 or August 1 or eac' year fme airport has Been unaole to accommodate me -ecuest(s) in :he six month pence nor :a the acpucao:e due -ate. Airport Assurances (312005) V-7 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 I; !CR.7as-'SG ara C.:ange 1 :FAA 3cec: caocn -357 i:nwav arc -n'wav tr'en,ne Reac :ulec:ne WrxM It SC/≤34S-+ZO ISce-_trcaucn is +uccr. L:n: ?ases - ansrcr-er=ousues. _u0c:an dose. .rain Accev°nu •sr,•Ls'.,F ISoee.i,eancn: OF Ccvnc::cn L.cncn: Sec,oment Cr ?unwar Jr -0 : JLwar'prat %inure wormer, :Jr 4iron .crraq Sva:em.f t I:.c,53-s5-2 5- 2 Gorinc :•,sual _i.cevooe-nc;errors .GiG;l I, 5Q/53c5-i33 lA.ncr. _cr:rc i:c,or'er::am5cm,cc :..3r ++ snc C>.xae t -Seec:dol.tr. •:r -.'?2J =-.ver sre ::->r Uret tvr _jr, erne -c,c Sbr, I:Sfd≤:a 95 ILcn:eaVisual AC:c.nc,cite-mmicrarr °unwav C'oscre I I!W}EJ-i IP!annmt act :e31gn a..nor 'em -,n, =K.anes it 9tnrao .:atonf /.•Uric-:' I Energy '::]ser.a::aa tar- rocs Si. r -'s S army . Graorms I: 3Cr5JEC.:' Ina C'ance ' I°,y:r,nc ]c] :es, L.. _drte'Cr .C.- .,rd, : rceq`ardl 3j:@:, r, -eCnf v'.ur.^: :-snuSLar. IS:ar.cams::r a-ecr.,rc . '.s :..c,:n :: �r crs 1'us53. :.:7 r'.cea.':c,s:n/c:;cr, ....rcn =morn:.. s.nc -co'.ue -s:nail ' ;1 •Qt53 C . 'Goae: ref ]rc a'3cactres ::r Va,r:e-ar.:e if a.r::r, Jive.^. enc; I j ai,l573C-: I°nemem ttaraccnem Ss:em L 2rJ,'≤n9f,.j lPanexon :err ere^u:,ca;::r :: ,3,,.,a: -3 aeac_:.:v n A.m&c iivemen9 �:5v53?Cd3 H@'ocr::ester I1!W5393-' lSeac,ar.e eases I !nv!JCG-:! /Use of Va:ua 9-.q:nee, r., ::r irg,reerr; :assn a. nor. G:a;: c-e,ec:s I; •0;53::.: • IUs. ci'tor:escecr.e-n:::.: Ceccat -'. a E:a.ca:cn Jr 4.r,:r ° memer:a t0,57 ::' ICml.r, C:neo, err Cons :-_ : an ,cr .r :r. Gran: --oats I: Cnwrtcron = tq:ess ,r. rscec :cr.'e=cr..-,:rcr 3:am =-:;ram THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY `NUMBER- RE -. 1 Arcr.,tec :xat 3c g,neenr. ;ra Pynr r; :onsu.tar: 3.rnus:r 'oar Gnn:? t:ac a I::G.'S::J-:!A !C: I R,grrs ?ecu:rerrer.s ?:: The ,:c:',;ior_.e+er.t Proq:am I:!GS::c.R ana Cranges 1 :nrnugn a �Lanc Aca:a ucr spa aecca:'on Ass.s:a-. ce':r 1a:cC .rcr-.amain Program - ]-- q 'sys:ea ..eca 5G/59G.5 Ina Cnange : lucuf,ve .qes Ira `.I:r,rcm innnr_s .'err r, -,,,'c -al Ae^^.auucal AGntes h::52CJ-:::A >no C`anges ::'mugn 3 !A,rccr'.%r. t, Saar, in. _-enncrs t!G52JG--A ;razartouv ;m;:,'e Arac:an:s an a our Linen 1!NS}00 :5 /use # `/atce c-.greerrg Or Etgneerr ; :esgn :t A.racrs :rant ''owns I-� jAutleio °iveren; Surace 3 ,a,uauor, arc Rating •=>SER:'.tar.aa j' •C!$0:' '5irargy Cogermoon :a a,r_tr du:.c:cn i IC-ns"cLan ='across arc:rsteccr 4eror:—ter. ;tan: ? -'Gram V/Si . !A Use on .Nortel:ru:n,! asnnq'ievee] - I]e E,a.uarcn;t A,nor?TQrrvna J CSauI', rCO :I ^.]n]:L-_-n S! r_p^, hint Ic t cea. Jora:rjc::on :r -�r_ar °inverter:, Us,rg -etd4• Ascna,t Airccr. Assurances (3/2005) V-; • A ' 1 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 Ku�un rtrt. .:a, . 15015080•' jPavement Management System 15015360-B Handbook for Idenuflmlgn of Alkali -Silica Reacwity in Airftd Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY 150!500042 (Announcement of Availaolfity—Passenger Foouty Charge (PFC! Aopli000n (FAA Form 5500-1) Airport Assurances (3/2005) V-10