1278RESOLUTION NO. ~ Z
A RESOLUTION APPROVING A GRANT FROM THE FEDERAL
AVIATION ADMINISTRATION IN THE AMOUNT OF $241,470.00
'r-~. AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
'~ DOCUMENTS TO OBTAIN THE GRANT.
! k
-~ WHEREAS, the City of West Memphis has been approved for
assistance under the Airport and Airway Improvement Act of
1982, as amended by the Airport and Airway Safety and
Capacity Expansion Act of 1987, and/or the Aviation Safety
and Noise Abatement Act of 1979; and
WHEREAS, the Federal Aviation Administration has
allocated for the West Memphis Municipal Airport a grant in
the amount of $241,470.00 for project number 3-05-0065-06
to be used to overlay parallel and connecting taxiways; and
WHEREAS, acceptance of the grant for this project would
be in the best interests of the City of West Memphis and
the West Memphis Airport Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the grant from the
Federal Aviation Administration in the amount of
$241,470.00 for project number 3-05-0065-06 is hereby
' approved and accepted and the Mayor and the City Clerk are
hereby authorized to execute the necessary documents to
obtain the grant.
~,~ ADOPTED this ~ day of February, 1992.
EITH M. INGRAM, MAY
ATTEST:
DAN RAFT, Y K
•T r~
*** `' s
u •
CITY O~ W~~T M~MpI~IO~
205 S. Redding -West Memphis, Arkansas 72301 - (501) 735-2720
CITY ATTORNEY'S OFFICE
~._} ( 501 ) 732-7515
x ~,
February 6, 1992
Mr. Donald J. Guffey, ASW-630
FAA
Southwest Region
Ft. Worth, TX 76193-0630
Re: Project No. 3-05-0065-06
Dear Mr. Guffey:
Enclosed please find the original Grant Agreement for
Project No. 3-05-0065-06. The Grant Agreement has been
accepted this date and signed by Mayor Keith M. Ingram on
behalf of the City of West Memphis.
Very truly yours,
David C. Peeples
City Attorney
a DCP/dp
Enclosure
cc: Dan Craft, City Clerk
Steve Jones, Chairman
West Memphis Airport Commission
An Equal Opportunity Employer
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
PART 1-OFFER
Date of Offer: JAN 17 1992
Project No. 3-05-0065-06
Airport: West Memphis Municipal
TO: CITY OF WEST MEMPHIS, ARKANSAS
(herein referred to as the "Sponsor")
Contract No. DOT FA 92 SW-8059
FROM: The United States of America. (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application
for Federal Assistance) dated January 16, 1991, for a grant of Federal funds for a project for
development of the West Memphis Municipal Airport (herein called the "Airport"), together with plans
and specifications for such project, which Application for Federal Assistance, as approved by the FAA
is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following-described airport development:
Overlay parallel and connecting taxiways.
all as more particularly described in the property map and plans and specifications incorporated in
the said Application for Federal Assistance.
Fnn Form 5100-37 (108) Development or Noise Program Page 1 0 6 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and
Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act
of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Project Application and its acceptance of this Offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the public from the accomplishment
of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL
AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, ninety (90) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be X241,470.00.
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 which 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 30 days from
issuance or such subsequent date as may be prescribed in writing by the FAA.
FAA Fwm 5100-37 (10.89) Deve~oPme"t a Nolse Prop-am Page 2 0 6 Pages
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other
manner in any project upon which Federal funds have been expended. For the purposes of this
grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor
that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain
the approval of the Secretary as to any determination of the amount of the Federal share of such
funds. It shall return the recovered Federal share, including funds recovered by settlement, order
or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all documents and
records pertaining to the determination of the amount of the Federal share or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All settlements or other
final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share
shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons
which may arise from, or be incident to, compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States
to be used for any project for airport development or noise compatibility for which funds are
provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
10. It is mutually understood and agreed that iij during the life of the project, the FAA determines
that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent,
whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA
advising of the budget change. Conversely, if there is an overrun in the eligible project costs,
FAA may increase the grant to cover the amount of ovemm not to exceed the statutory fifteen
(15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of
either of the aforementioned letters, the maximum obligation of the United States is adjusted to
the amount specified.
11. The sponsor agrees to request cash drawdowns on the authorized letter of credit only as and
when actually needed for its disbursements and to timely reporting of such disbursements as
required. It is understood that failure to adhere to this provision may cause the letter of credit
to be revoked.
12. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit
"A", dated February 1991 and attached to the Amendment No. 1 to the Grant Agreement for
Project No. 3-OS-0065-02.
13. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and
specifications approved by the FAA on July 30, 1991.
FAA Form 5100-37 (109) Developmerrt or Noise Program Page 3 0 6 Pages
14. The Sponsor agrees to perform the following:
a. Furnish a construction management program to FAA prior to the start of construction which
shall detail the measures and procedures to be used to comply with the quality control
provisions of the construction contract, including, but not limited to, all quality control
provisions and tests required by the Federal specifications. The program shall include as
a minimum:
1. The name of the person representing the sponsor who has overall responsibility for
contract administration for the project and the authority to take necessary actions to
comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be
provided.
3. Procedures for determining that testing laboratories meet the requirements of the
American Society of Testing and Material's standazds on laboratory evaluation,
referenced in the contract specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test standazd,
and the acceptance criteria of tolerances permitted for each type of test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that
they are documented daily, that the proper corrective actions, where necessary, aze
undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the
results of all tests performed, highlighting those tests that failed or did not meet the
applicable test standard. The report shall include the pay reductions applied and reasons
for accepting any out-of-tolerance material.
FAA Form 5100-37 (10-99) Oevalopment or Noise Roam Page 4 0 6 Pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect
to the accomplishment of the Froject 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
~~ Manager. Arkansas/Louisiana AirFort
Development Office
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 , 19
THE CITY OF WEST MEMPHIS, ARKANSAS
(Name of Sponsor)
By ~ ~ Ke t~.h 2'h5,r„n,,
(SEAL) ~~ a-l~t-c stt.oC b y C i +~ G (k . Dam Curti ft
Title
Attest:
Title:
FAA Form 5100-37 (10.89) DevNopment or Nolae Rogram Page 5 0 6 Pages
CERTIFICATE OF SPONSOR'S ATTORNEY
I, ,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 Further, I have examined the foregoing Grant
Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof
by said Sponsor and Sponsor's official representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the laws of the said State and the Act.
In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at this day of ,19
e a ey
FAA Form 5100-37 (10-09) Development a Nolae Program Page 6 0 6 Pages
/'~ .
OIIAt Appovat Mo. 034A-0013
At'f'LIL.A! IV(Y rVH
FEDERAL ASSISTANCE :.t:,ats:uwrmo
January 16 , 1992
AppliuM ~'~~ •
f. Tt7E a wwtsstoN: c c. OAit: Rtccwca sr tR~tt Sut. Applieatwn 10antifrr
,tippfiunow /hsaoplieation
Q Con>,ttvttion
orotrllCtiOn
®
C
:.
_
i 4.OI.T1L REi.Z1Y[0.r FEOrR.aL /iOENGY
fydaralldarttifiar
NorrCauttvttgn ^
L IJt+Ltt:LNTINfpAWT10N
teal Wn+a. CrOanizationai Urwt:
City of West Memphis West Memphis Airport Commission .
Addr.sf (oiw dty, cow+ty, at4ts. anc~ s,p cod~l' Name and tat•pt+orr nun+0.r of ttr Parson to ea oontrct.d on tnaetan ~r+o
West .Memphis Aviation Commission u+w appl~unort (piv.4n. ood.)
205 S. Redding Mr. Stephen T. Jones, Chairman
West Memphis, Arkansas 72301 (501) 735-0200
{. fiMILOrER IOENTIR1GT10N NVt1tER (EINI: 7. TYfE OF AMLIG4(T: (ptbr app,opritN hrt.r,n OOr)
8 9- T 2 1 8 0 4 0 ~ stat. ". r+d.v.nd.nt 9eAOOi atz.
B. County I. State c«,trat.a insotut;on a Mipn« Lwminq
t trrc a At+fLICATIOIt C. t*xricipal J. Pri„sta urwr.rtaty
0. To:~nahiv K M'+dian Tribe
® idaw ^ Continuation ^ RaNSiat E. Intarsuta L kdivi0wl
F. Intarmuriicipal Y. Frolic Orpu-i=stan
M Rariaion, enter approp-iaa Met.r(a) in brnr(aa>: ^ ^ D. Spacial District N. Otf»r (Sp.dhl:
A. inasaaa Award t. Oaaaasa Awud C. Inuaass Ovation
O.O~craasa Duration Ouw (sp.cryl: c, fuurc o~ F[DtRAL AQIfICY:
Federal Aviation Administration
fa uAt-iaOOw+u t~+u~w ~ OOMCSnc 2 0 ~ 1 0 6 f,. arscRtmvc mu of s-rtxrfrs rRO~ccr: .
Asphalt Overlay of Parallel and Connecting
TrttE: AIP ~ Taxiway
Airport Improvement Project
12. AR4i /J/eCTiD ~~ HROJEt;T (cihas. caunMt. ttanr. aec.x
fl tNltk0it0 PRO.tECT: 14. CONQRESiJONAt a!T*tt"ts Of:
>Ztart D.u Enainq Oat. .. Aoowcam : 0. Prajact
3/92 5/92 O1 Ol
~~ urnArm f+unaNO : fti. tt I~NLICAf7pN fwuca TO taxvttw tr =TATt OdCllriv[ gftotR fun MOCCSS'-
a. Fattaral f 241 , 470 .00 a. YES T"tS PREI,PP'LICATIOWAPPLfCATION WAS uADE AVAJLABI£ TO THE
STATE E%fiClITiVE ORDER t23T2 PROCESS FOA REVIEW ON:
a Aoa'a"t = 26 , 830 ~ ~~ December 15 , 1989
c. Sue i .Otl
0 NO. ~ PROdRRAABA 6 NOT OOVERED tY EO. t23T2
a. taut : .oo
^ oR PRO(~fWA "AS NOT tlEEN SELECTED er STATE Foa REVIEW .
. ot*w. : .oo
1. taro0r.rt- inoon+. : m 17. a r-fs /iMUGiWT oa,ffotrarr ow alfr f+totlUlL ocm
p TOTAL f 2 6 8 , 3 0 0 .OO • ^ Tis • K "Ya.' sttact+ «+ a~tarfat;on. ®No
fti TO iN[ /tiT qR w ftHOwl,tpOti ANO taus..it. wrn w TNti AML1ta-fl011MIW-uG1TfON ruts TRUE sJ10 et~fatctx. THE OOWYft-R NJ~i tE1a our
•urMOtttaa w TNt t>,orERNUfo coot Of' lfft{ AtNtUC.MT.NO THE AlfatJCI.NT trtLL cawKr wrtff me IUTACNED AssuRrwcfts K Tt1t asut*.NU tt.w•ROEo
a. TypaO Namt a Atiet,on~d aap..w,uw. 0. Trtt. c. Tabd+ona rii,mtrer
Stephen T. Jones Chairman 735-0200
a. Spe+at++ra Autt+awd.Raor.wnutiM . .Data S~gnaa
.nv~ow raoawnot usaot.v
St.n0ar0 roan .c• ~^c. .•o o.
P*ascr~Wd dr OMB GrG+ts• a•t~2
Authorized for Locai Reproduction
.~
PART II
oMe No. eo-Fe~e:
PROJECT APPROVAL INFORMATION
SECTION A ;
Item 1.
Does this assistance request require State, local, Name of Governing Body
regional, or other priority rating? Priority Roting
Yes X No
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Name of Agency or
Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95? Preapplicatiot? was previously submitted to:
•1. State Department of Local Services
Yes X No
Item 4.
Does this assistance request require State, local, Nome of Approving Agency
regional or other planning approval? Date .
Yes~_ No
Item S.
Is the proposed project covered by an approved
comprehensive plan?
X Yes
Item 6.
Will the ossistance requested serve a Federal X
installation? Yes
Check one: State
Local -x-
Regional
No Location of plan; ~ Airport Master Plan
Nome of Federal Installation
No Federal Population benefiting from Project
Item 7.
Neill the ossistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Lond
Yes R 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 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals families, businesses, or farms? Families
Businesses
Yes ~- No Farms
Item 10.
Is there other related Federal assistance on this See instructions for additional information to be
project previous, pending, or anticipated? provided.
Yes X No
FAA Form 5100.100 (6-73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Pogo 2
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION oNte No. oa-ao2o9
PART II - SECTION C (SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Gse.-The Sponsor has taken the following action; to assure compatible usage of land adjacent to or in
the vicinit~• of the airport:
The airport is located within the city limits of West Memphis. Proposed zoning changes
for the property surrounding the airport would be reviewed by the City Planning Commission.
The City Planning Commission and Airport Commission will exercise their authority to
prevent non-compatible land use.
2. Defaults.-The S nsor is not in default on an~• obligation to the United States or am- agencc of the United States (:o~•ern-
ment relative to the development, operation, or maintenance of am• airport. except as stated Herewith:
NONE
3. Possible Disabilities.-There are no facts or circumctancea (including the existence of effecti~•e or proposed leases, use
agreements or'other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceeding=}
which in reasonable probability might make it impossible for the Sponsor to cam• out and complete the Pro'ect or cam- out the
provisions of Part V of this Application, either by limiting its legal or financial abilit~• or otherwise, except as fo~lows:
NONE
4. Land.-{a) The Sponsor hold: the following propert~• interest in the following areas o[ land* which arc to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interest,.
~l ~~~~ ~eoide~tiDefd ~1P e~o~eC o. p~o~115'`p~~.jde~st~nated as Exhibit "A" dated Feb. 1991 and attached
Areas 1, 3, 4 -Fee Simple Title, title evidence previously approved under Federal Aid
projects. Status of title has not changed since approval.
Areas 2, 6 thru 11 -Easement has been acquired. Title evidence previously approved
under Federal Air Projects. Status of Easement has not changed
since approval.
Area 5 -Fee Simple title bein acquired under 3-05-0065-02. Satisfactory
_ titles i~,ll he rn,i ~t~ tha A'AQ n=nn rnm~]ptj,p~
"'State character of property interest in each area and lint and identij~• jor each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. Tlee separate areas of land need only be identi~ed~ here b_v the
area Humbert Chown on the property map.
FAA Form 5100-100 ta•7eJ ~~ ~
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209
PART II - SECTION C (Continued)
The Sponsor further certifies that the abo~•e is based on a title examination by a qualified attorney or title company and that
such attorne}~ or title company ha: determined that the sponsor holds the abo~•e properh• interests.
(b) The Sponsor N•ill acquire within a reasonable time, lout in an.' event prior to the start of am• construction wort. uncler
the Pro•ect, the follo~.•ing properh- interest in the following area- of land' on .which such construction work is to be performed.
all of w~ich areas are identified on the aforementioned propert}• map designated a= Exhibit ".A":
NONE
(c) The sponsor will acquire within a reasonable tune, and if feasible prior to the completion of all construction work under
the Project, the following property interest in the following area: of land* which are to be developed or used as part of or in
connection with the :4irport as it will be upon completion of the Project, all of which areas are identified on .the aforementioned
property map designated as Exhibit ".4":
NONE
5. Exclusive Rights.-There is no gralit of an exclusive right for the conduct of any aeronautical activity at any- airport ownP~!
or controlled by the sponsor except as follows:
NONE
"Estate character of property interest in each area and list and identij~• jar each all exceptions, encumbrances, and adverse interest
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need onl~• be identified here by the
area numbers•shown on the properh• map.
FAA Form 5100-100 to-~e) Page 3b
-wre.. BTU CUT AC TD~-ICDADT~TIAN - FFAF R~L ~VI~TIAN •~YINICTDITIAN
OMt! NO. 00-R016~
vcri.~. -~- ---- ------------ -
PARTIII -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
Use only for revisions
Total
Cost Classification
Latest Approved
Amount
Adjustment
i or (-) Amount
Required
1. Administration expense S S S 1'643 I
2. Preliminary expense
3. Land~structures, right-of-way •
4. Architectural engineering~basic fees ~ 15,310
5. Other architectural engineering fees
6. Project inspection fees 12 250
7. Land development
8. Relocation Expenses
9. Selocation payments to Individuals ana Businesses j
]0. Demolition and removal
11. Construction and project improvement 231,097
12. Equipment
13. Miscellaneous (Construction Materials Testin
14. Total (Lines 1 through 13) 268 , 300.
15. Estimated Income (if applicable) N A
16. Net Project Amount (Line 14 minus 15) 268,300 •
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants) 268 , 300
20. Federal Share requested of Line 19 241, 470
21. Add Rehabilitation Grants Requested (100 Percent) N/A
22. Total Federal grant requested (Lines 20 & 21) 241, 470
23. Grantee share 26 , 8'30
24. Other shares
25. Total project (Lines 22, 23 & 24) S S S 268 , 300
FAA Ftxm 5100-~~ (6 7sl SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 PO~~ 4
DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION o,we No. 6t+-F~tEa
SECTION C -EXCLUSIONS
26 Classification Itteliyible For
Participation
1 Excluded from
Contingency Provision
2
a. S S
b.
c
d.
e.
f.
q. Torols S b
SECTION D -PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share S
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g.Other(Explain) City Funds 26,830
h. TOTAL -Grantee share 26 ,830
28. Other Shares
a. State i
b. Other 1
c. Total Other Shares
29. TOTAL S 26,830
SECTION E -REMARKS '
The
1.
The
1.
2. following documents are attached hereto and incorporated herein:
Part V Assurances.
following documents are incorporated herein by reference:
Plans and Specifications approved by the-FAA on 7/30/91.
Property Map -Exhibit "A" dated February 1991 (attached to Amendment
project 3-05-0065-02).
-
No. 1 for
PART IV PROGRAM NARRATIVE Attach -See Instructions
'M rOtRl Slap-1p0 16-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PO9! S
PART V
A$SURAACES
(Public Agency Sponsors of Development or Poise Program Protects)
A. OEIERAL.
1. Theas asauraace• shall be complied rith Sa the performance of the folloring gnat agnemeate:
Airport development •nd noise compatibility program gnats Lo airport sponsors.
2. These •asunnces are required to bs submitted •s pert of the protect a:slamanded by tbeaAirrportgandting
fund^ under the provisions of the Airport and Airray Lprovament Act of 1982,
Airray Safety sad Capacity BYpaaeion Act of 1987, or the Aviation Safety sad loise Abatement Act of 1979• This
set of •ssurancee includes only those •ssurancee rbich •n applicable to a sponsor rho is a public ager~:y rith
control of a public-ua• airport.
3. Upon acoeptance of the gnat offer by the sponsor, these assurances are incorporated in and become part
of the gnat agraemeat.
B. DURATI01 Alb APPLICABILITY.
Airport Development or loia• Compatibility Program Protects Undertaken by a_Publie Igeney Sponsor. the
tens, conditions sad aaaunncea of th• grant •gnnent shall remain in full force •ad effect throughout the
useful life of th• facilitiaa developed or equipment •cqui nd for an airport development or aoia• compatibility
program protect, or throughout the useful life of the protect items installed rithin • Sacillty under a noise
compatib111ty program protect, but in any event not to szceed treaty (20) years from the dat• of acceptance of a
gnat offer of Pedersl funds for the protect. However, then shall De ao knit on the duration of the assurance
against ezclusiva rights or the tens, conditions, and •ssurancee rlth respect to rani property acquired rith
Tedenl funds. Turtheraore, the duration of tbs Civil Rights •esuraae• shall ba as ^peclfied in the assurance.
C. gpOlSOA CIIiTIPICATI01. The sponsor hereby aesuns sad certifies, rith aspect to thi• grant that:
1. Ceaanl ledenl Re uinmsnts. 1t rill comply rith all applicable Pedersl lars, ngulatlons, ezeeutlve
orders, po iciee, gui • inse as r+quinmsnta ae they relate to the application, acceptance and use of Pedersl
funds for Chia protect including but not limited to the folloring:
Pedersl Le8lslation
a. Pedersl Aviation Act of 1958 - 49 U.S.C. 1301, et sec.
b. Davin-Bacon Act - 40 U.S.C. 276(a), et seg.
c. Pedersl Fair Labor Standards Act of 1938 - 29 U.S.C. 201, et sec.
d. Hatch Act - 5 U.S.C. 1501, et seg.
e. Uniform Relocation Aaeietanae and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601,
et seg.
f. Ttioaal Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
g. Archeological and Historic preservation Act of 1974 - 16 U.S.C. 469 through 469C.
h. riood Disaster Protection Act of 1973 - Section 102(s) - 42 U.S.C. 4012a.
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
t• Civil Right• Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
k. Aviation Safety sad loise Abatement Act of 1979, 49 U.S.C. 2101, et avg.
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, at sew.
m. Architectural Barriers Act of 1968 - 42 U.S.C. 41~, •t eel.
n. Airport sad Airray Improvement Act of 1982, ss amended - 49 U.S.C. 2201, •t sue.
o. porerplaat and Industrial Pual Uee Act of 1978 - Section 403 - 2 U.S.C. 8~3.
p. Contract York Hours and Safety Standards Act - 40 U.S.C. 327, ~t m S.
q. Copeland Antikiekbaek Act - 18 U.S.C. 874.
a. B~dangend~Sp•c~a~t PO16 U.S.C.o668(~i), et2~ 'C. 4321, ~t msq.
t. Singl• Audit Act of 1984 - 31 U.S.C. 7501, it seq.
u. Drug-Pra• Yorkplac• Act of 1988 - 41 U.S.C. 702 through 706.
lsecutiw Orders.
bcecutive Order 12372, Intereoveramental Revier of Pedsral Programs
Tsecutive Older 11246 - lqual 9~ploymeat Opportunity
)ederal Regulations.
a. 4g CPR Part 18 - Uniform Administrative Requirements for Crant• and Cooperative Agreements to State
sad Looal Oowrmrnts.
b. 49 CPA Part 21 - fondiacriaination 1n Pederally-Assisted progrus of tb• Departaeat of
Traaaportatlon - tffectuatioa of Titl• VI of the Ciril Rights Act of 1964.
Page 6
P-A !on 5100-100 (11-99) Development or loins Program - Public Sponsor
c. 49 CPR Part 23 - Participation by Minority Business Enterprias in Department of Traaaportatioa
Programs.
d. 49 CFR Part 24 - Uaiton Relocation Assistance and Real Property Acquisition Regulation for Federal
and Federally aaslsted Prograae.
• Benefiting from lederal linancialMAssi~tanc:ion on the Basis of Handicap in prognas and Actirities Receiving or
t. 49 CFR Part 29 - Debarments Suspensioae and Voluntary Ezcluelons.
g, 49 CTR Part 30 - Denial of public Yorks Contracts to Suppliers of Coods and Services of Countries
That Deny Procurement Market Access to U.S. Contractors.
b. 29 ClEt Part 1 - Procedune for predetardination of Yage Bates.
i. 29 CFR part 3 - Contractor or Subcontnetors on Public Buildings or Public Yorks liaaacsd in Ybole
or Part by Lonna or Gnats from U.S.
~, 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering ledenlly Tinaaced sad
Iaaisted Construction.
k. 41 C!R Part 60 - Office of lederal Contract Coapliancs programs, Equal Employment Opportunity,
DepartmeaL of Ltbor (Federal and Federally-assisted Contracting Requirsmeats).
1• 14 CFR Part 150 - Airport Boise Compatibility Planning.
Office of Management and Budget Circulate.
a• A-eT - Coet Principles Applicable to Cents and Contracts rith State and Local Coveraminte.
b. A-128 - Audits of State and Local Governments.
gpecific asaunaces nquirad to be included in grant agtyemente by any of the above Tara, regulations or
circulars are incorporated by reference is the gnat agreement.
2. Reeponeibility and Authority of the S op neor•
It hen legal authority to apply for the grant, and to finance and carry out the proposed pro3ect; thst e
tyeolutior., motion or similar action bee been duly adopted or peaeed 11 understandings sad assurancesacontained
governing body authorising the f111ng of the application, including
therein, and directing and authorising the penoa identified ae the official reprssentatlw of uiradpplicant to
act in connection rith the application and to provide such additionsl information ae asy be nq
+j, Sponsor land Availability. It has sufficient funds •vailsble for that portion of the pto~ect costa rhich
aze not to bt paid b9 the United Statue. Tt hue sufficient funds •vallable to assure operation and maintenance
of items funded under the gnat agt+sment rhich it rill ore or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site
thereof, or x111 give assurance satisfactory to the Sec ntary that good title rill De acqui n d.
b. )or noise compatibility program projects to be carried out oa tbs property of the sponsor, it holds
good title aatiafactory to the Secretary to that portion of the property upon rhich lederal funds rill be
azpeadsd or rill give assurance to the Secretary that good title rill be obtained.
5. Pnservin6 Rlahts sad Pbrera.
t. It rill not take or permit nay action rhich could operate to deprive it of any of the rights and
porera necessary to perfotm aq7 or all ~nd~rilleact~promptly to~acqui n uestienguiahtor modifyaany~out.t.na~ngt
the mitten approval of the Secretary, rforunce lp the sponsor. This shall be
rights os claims of right of others rhich could interfere ritb wcb pe
done in • manner acceptable to the Secretary.
b. It rill not call, lease, encumber or otherrise transfer or dispose of any part of its title or other
lateresta in tba property shorn n Yh~,leLbledanl tfunds havscbeenaezpended,aforitbe durationlo~theroterms,ra~ect,
that portion of the property upo wl the Secntary• If the tranafene is found
oonditions, and •ssunaees is the grant a6ra~ort andhAirraypImprovement Act of 1982 to assume the obligations
by the Secretary to b eligible ender Lbe Airp out all Auch
~ tb grant agreeent sad to hew the purer, authority, and tiaancial resources to carry
ebligationa, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transfsrae, all of the terms, conditions, ^nd assurances contained is thin
grant agreement.
Page 7
!V form 5100-100 (11-59) Development or loise Program - Public Sponsor
c. !or all noie• com~:ai~t: unit of localcgoverment otherbtbanrth~aponsor,tittrillueatartintoaan
government or are on property that • »weat shall obli ate
ag»went rith that government. ~oept as otherrise •pecitied by th• Sac reterylicaDl• to 1t if St •ppliedg
that government to the acme terms, aonditions, sad assurances that could De app
di»ctly to the TAA for • gnat to undertake the noise compatibility progru protect. That ag»weat •ad
ohanges therato moat be wtisfactory to the Sacratary. It rill tk• steps to •aforo• Chia K»went against tbs
local gorert'eat if there is substantial noncoaplianc• rith the tares of the agnwsat.
d. Tor noise compatibility program protact• to ba carried out on privately ornsd property, it rill
eater into an ag»weat rith the orner of that property rhich includes provisions specified by the Secre try.
It rill take steps to enforce this agrawent against the property orner rbeaever tbe» is substantial
noacompliano• rith the terns of the agnwsat.
•. Deleted.
f. It an arraagweat i^ made for maaagweat sad operation of the airport b7 nay agency or peraon other
than the sponsor or an employee of the ^ponsor, the sponsor rill reserve sufficient rights and authority to
insure that the airport rill b. operated and maintained in accordance rith the Airport end Airrsy Improvwent
Act of 1982, the regulatioaa and the terms, conditions sad •ssunaces in the gnat ag»wsnt sad shall ineu»
that such arrangwent also nquiras oamplianc• tberwitb.
6. Coasistenc rith Local Plana. The protect is »aaonably consistent rith plans (eziating at the time of
submission of this application o public agencies that a» authorised by the state in rhich the protect is
loeatsd to plan for the developsH,nt of the eras surrounding the airport. !or noiaa compatibility program
protects, other than land aoquiaition, to be carried out on property not orned M the airport sad over rhich
property another public agency has Lad we rt~ttrabaltoyr 3ectraad~thseprot~etrishraasonably consiatntsritb~be y
s rritten declaration that such agaacy suppo
apacy's plans ragarding the property. ~
7. Coaeideratioa of Local Interest. It has given fsir coneideratioa to the interest of communities is or
sear rhich the protect nay nests .
8. Consultation rovswnt Act of 982ngit hasiuadertakendrsaaonable consult tionaorithtaffscted partieahe
Airport sad Airray p
rasing the airport at rhich the protect is proposed.
9. Public Neariags. In protact• involving the location of an airport, an airport runray, or • motor
tvaray eztanaion, it bas afforded the opportunity for public hearings for the purpose of considering the
economic, social, and •aviroameatal •ffacts of the airport or runxay location and its consistency xith the goals
and obtectivee of such planning •s boa been carried out by the community. It shall, then requested by the
Secret ry, submit a copy of the transcript of such hearings to the Secretary.
10. Air and Yater Qua11t Standards. Ia protects involving airport location, a met or runray ezteneion, or
ruaray location it ri 1 provide or the Governor of the a tte in rhich the protect is located to certify in
rriting to the Secretary that the protect rill be located, designed, constructed, sad operated so as to comply
rith applicable air and rater quality standards. In any case there ouch standards have not been approved and
rhe» applicable air sad rater gwlity standards have been promulgated by the Administrator of the F~vironmeatal
protetion Agency, certification shall be obtained from such Administrator. Notice of certification or » fusel
to oertify shall be provided ritbin aizty days •f tar tba protact application bas bass »caived by the Sec »tary.
11. Local Approval. In protects involving the construction or ezteaaloa of nay runrsy •t any General
aviation airport located astride • line separating tro counties rithin • single efts, it has received approval
for the protact from the governing body of all villages incorporated under tb• lace of that state xhich are
loeatsd eats»ly ritbia five miles of the nearast boundary of the airport.
12. Terminal Development ptvraguisites. Tor protects rhich include terminal development at a public
airport, it bas, oa the data of au it tl of the protact gnat application, all the safety equipment raqui »d
for eertifieation of such airport under Section 612 of the ledersl Aviation Act of 1958 and all the security
sgr~apoiasucD airpor~to passeager~lenplnaning oradep aniagdfrom aireraftootberptbanaair carrleraaircraftplaning
13• Accounting Systw, Audit, sad Hscordlceepiag Requirwents.
•. It shall keep all protact acaouat• and record^ rhich fully disclose tb• amount and disposition by
the recipient of the proeeeda of the gnat. the toil coat of the protect is correction ritb rhich the gnat ie
given or used, sad the amount and aatnn of that portion of tb• coat of the protact supplied by other sources,
ritb aobaacountin~ aystw thatdrill facilitst as effective ,iudit is accordan ecritb thel31ng1eeAudit Act ofance
19Bt.
page 8
!A- !on 5100-100 (11-89) Developneat or loins Program - Public Sponsor
b. It shall make •l/sentativas~foretbetpurpose ofeaudittandlezamiaatioa fanyebooka•ddooumentaor nay
of their duly autboriced rep ui s that to
papers, and records of the recipient that are pertinent to the grant. The Secretary may req
appropriate audit bs conducted by a recipient. In any case in xhich an independent audit i• mad• of the
seoonnts of a sponsor ralrtiag to the disposition of the proceeds of a gnat or ralating to the protect In
connection rith rhicb the gent ran given or used, it shall Ella • certified nopy of such audit ritb the
Coptroller Oenenl of the United States not later than 6 months folloriag the clone of the fiscal year for
rhicb the audit ns made.
14. Itinisum Yags Rates. It shall include, in •11 contracts is ezcese of 12,000 for cork oa any pro~ecta
funded under the gnat agreement rhicb iarolva labor, provisions •etab11ab1ng minimum nte• of rages, to be
predetermined by the Secretary of Lbor, in accordance ritb tb• Davin-Bacon Act, as amended (40 U.S.C.
stated~in the~inritetioatfortb ds andlehalltbe includedainuproposalalorobidsaforutbemrorlmc~ rates shall be
15. Yetenna Prafesnce. It shall include, !n •11 contacts for rock on any prosects funded under tba
grant agreement r icD avo ve labor, ouch provisions as sre nseesaary to insure that, is th• employment of labor
(szoept in •zecutiva, adminiatntive, and supervisory positions), pre fesnca shall M given to veterans of the
Actto~lgg2.~Rorever1 thiatprraif~snceeahall apply only rbe(s)tbe iadividualetara arailabl~dand quallfiedvgent
perfora the cork to rhicb the employment relates.
16. Conforaity to Pleas sad Speeiflestione. It rill ezecute the pro3eet sub~act to pleas, spacifieatioae,
and schedules approve by the eatery. sate plans, speciticatioae, and schedules shall M submitted to the
Secretary prior to commencement of site preparation, construction, or other perforaanc• under this great
•g»meat, sad, upon approval by the Sec start', shall be incorpon tad into this gnat agsemeat. Any
modifieatloas to the approved plans, specifications, and scbedule^ shall also be aub~ect to approval b7 the
Secatary sad iacorpontion into the gnat agsement.
17. Construction Inspection and Approvsl. It rill provide and maintain competent technical abpervisioa at
the construction site throughout the pro3sct to assure that the cork conforms rith the plans, specifications,
sad schedules approved by the Secretary for the project. It shall suD~act the construction cork oa nay protect
contained la as approved project application to inspection sad approval by the Secretary and such cork shall be
1n accordaac• rith regulations sad procedures prescribed by the Secretary. Such sgulations and procedures
shall squl n aucb cost and progsse reporting by the sponsor or sponsora of such project as the Secretary shall
deem neceaasry.
16. Deleted.
19• Operation and ]laintensnce.
a. It rill suitably operate sad maintain the sirport and all facilities thereon or connected
thesrith, rith due sgsrd to climatic and flood conditions. Any propoeel to temporarily close the airport for
aonae masutieal purposes aunt first be approved by the Secretsry. The airport and all facilities rhicb are
necessary to serve the aeronautical usaa of the airport, other than iacilitiee orned or controlled by the
United Staten, aball be operated •t all times in a safe and serviceable condition and in accordanc• rith the
tiniaum standards ^a may ba raquisd or prescribed by applicable Tederal, state, and local agencies for
maiateaaac• and operation. It rill not cause or permit nay activity or action thsson rhicb could interfere
rith its use for airport purposes.
In Earths ants of this assurance, the •poaeor rill have in affect •t all times •rrangeaents for--
(1) Operating the airport's aeronautical facilities rbenever squired;
(2) Promptly marking and lighting haaards asultiag from airport conditions, including teaporary
eoaditions; and
(;) Promptly notifying airman of snv condition affecting aeronautical ua• of the airport.
lotbing contained beralni d lrb~ snort flood orq t~ rtclimaio c nditionso~t•rissoritb aucb
aeronautical use during temporary pe
operation and uiatenance. lumber, nothing has is shall be construed as squiring the maintenance, spair,
satoratloa, or aplacwent of atp •tructus or facility rhicb is aubtaatially damaged or destsyed dun to an
net of Ood or other condition or circumstaac• beyond the control of the spoaaor.
b. It rill suitably operate and maintain noise compatibility program items that it ores or controls
mpoa rhicb lederal fuada have been azpended.
20. Rasard Removal sad riitigation. It rill take appropriate action to aaaus that such terminal alapace
as !s raquirad to protect instrument sad visual opeations to the airport (including •atabliabed minimum flight
altitudes) rill b adequately alwsd and protected by remoriag, lorering, slocatiag, marking, or lighting or
otbar+rise dtiptiag ezistiag airport basards and by preventing the •etabliahment or enation of future airport
basarda.
Page 9
!AA form 5100-300 (11-89) Developawat or 1o1s• Program - Public 8poaaor
21. Cam atible Lad Uae. It rill take appropriate action, including the adoption of soning laws, to the
ezteat reasons e, o restrict the use of land adjacent to or is the immediate vicinity of the airport to
activities and purposes compatible rith aormsl airport operations, including loading and takeoff of aircraft.
In addition, if the project is for noise compatibility program implemeatatioa, it rill not cause or permit any
change 1n land use, rithin its jurisdiction, that rill reduce the compatibility, rith respeot to the airport, of
the noise compatibility program measures upon rhich Tedanl funds have been azpendsd.
22. Fooaomic bondiscrimination.
a. It rill make its airport available to an airport for public-use on fair and reasonable tens and
rithout unjust discrimination, to all types, kinds, and classes of aeronautical ueee.
b. Ia any agreement, contract, lease or other arrangement under rhich a right or privilege at the
airport Se greeted to nay person, firm, or corporation to conduct or engage is any aeronautical activity for
funiahlag services to the public at the •irport, the apoaeor x111 insert and enforce provisions requiring the
contractor to --
(1) furnish said services oa a fair, equal, and not unjustly discriminatory basis to all ueere
thereof, and
(2) charge fair, reasonable, and not unjustly discriminatory pricaa for each wait or service,
provided, that the eontnetor msy be allorsd to make reasonable and noadiecrimiaatory discounts, rebates, or
other similar types of price reductions to volume purchasers.
c. Each fized-based operator at any airport owned by the apoaeor shall be subject to the same rates,
fees, rentals, and other charges ae are uniformly applicable to all other fized-based opera to re making the same
or similar ueee of such airport and utilising the same or aimilnr facilitise.
d. Each air carrier using each airport shell have the right to service itself or to use any fized-based
operator tt,st is authorised or permitted by the slrport to serve any sir carrier at each airport. ~
e. Each air carrier using such airport (whether ae a tenant, nontenaat, or subtenant of soother air
carrier tenant) shell be subject to such noadiscriminatory and eubsteatielly comparable rules, regulations,
ooaditiona, rates, fssa, ran tale, sad other charges with respect to facilities directly and eubetaatially
related to providing air transportation as ere applicable to all such air carriers rhich make similar use of
such airport sad rhich utilise similar facilities, subject to reaaoneble claseificetione such ae tenants or
nontenaata and aigaatory carriers and noaaigaatory cerriera. Clnaeificstlon or statue ae tenant or signatory
shall not be unreseonaDly withheld by any airport provided an air carrier aaeumea obligatioaa subetaatislly
similar to those already imposed on air carriers in ouch cleasificntiona or status.
f. It will not azercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operatiog aircraft on the airport from performing any services on its ova aircrsft with its own
employsea (including, but not limited to maintenance, repair, sad fueling) that it may choose to perform.
g. In the event the sponsor itself ezercieea any of the rights sad privileges referred to is this
assurance, the services involved rill be provided on the same conditions as could apply to the furnishing of
such services by contnetore or conceseionairea of the eponeor under these provisions.
h. The eponeor msy •staDlish ouch fair, equsl, and not unjustly discriminatory conditions to be met by
all ueere of the airport •s may be necessary for the safe and efficient ape ration of the airport.
1. The sponsor may prohibit or limit any given type, kind, or clans of aeronautical ass of the airport
it such ^ctioa is necessary for the safe opsrstioa of the sirport or necessary to serve the civil aviation needs
of the public.
23. Ezclusivs Rights. It will permit no •zclusive right for the use of the airport by any persona
providing, or intending to provide, aeronautical services to the public. Tor purposes of this paragraph, the
providing of services at an airport by a single fized-based operator shall not be construed ss an ezclueive
right if both of the folloring apply: (1) It could be unreasonably costly, burdensome, or impractical for more
than one fized-based operator to provide such •ervicse, and (2) If alloying more than one fized-based operator
to provide such •ervicss could require the reduction of apace leased pursuant to an ezisting agreement between
ouch single fized-based operator and such ^irport.
It further agrees that it rill not, either directly or indirectly, grant or permit any person, fin or
corporation the szclusive right at the airport, or •t any other •irport nor owned or controlled by it, to
conduct any aeronautical activities, including, but not limited to charter flights, pilot training, •ircratL
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales sad •srricea, wl• of avistion petroleum produete whether or not conducted in
oonjuaetion rith other aeronautical activity, repair and maintenance of aircrsft, sale of aircrsft parts, sad
nay other activities rhich Deaaus• of their direct relationship to the operation of aircraft can be regarded as
as aeronautical •ctirity, and that it rill terminate any ezclueive right to conduct sn aeronautical activity now
ezisting •t sucb as airport before the gnat of any aesietance under the Airport and Airray Improvement Act of
1982.
TAA !ora 5100-100 (11-89) Developaent or ]fosse Program - Public Sponsor Page 10
24. Pee •nd Rental Structure. It rill mail ceded the •ir rrttuae» rbicb rillaaakeatbeiairport ::cea 22
and 23, for the aci ities and services being p Po
calf-sustaining as possible under the circumstancaa ezisting •t that particular airport, taking into account
such tacto» as the volume of traffic and econo~ of collection. Ro part of tba Tederal share of an airport
davelopmsnt, airport planning, or noise compatibility project for rhich a gnat is mad• under tb• Airport and
Alrray Improvement Act of 1982, the Tedsral Airport Act or the Airport and Airray Development Act of 1970 aball
b• included is the »te bane is establishing fees, ratan, and charges for use» of that •irport.
25• Ai rt Rsvsnue. If the airport is under the control of a public agency,~ii b»er~=uendedntgaitdtor the
airport a •~I oca tares on aviation foal •stablishad after December 30, 1987, Pe
capital or operating coats of the airport; the local airport system; or other local facilitie• rhich ere orned
tramportatin ofepasseage»oor propertythor foroaois~mit sation purposes oniorloff theeaitrport aProvidedr
borever, that it oovenaats or aaauraoces in debt obligations issued before September 3, 1982 D7 tb• orner or
operator of the airport, or p»visiom enacted Defo» September 3, 1982, in governing statutes controlling the
oraer or operator's financing, provide for the use of the »vsnues from aq~ of the airport orner or opentor'e
facilities, including the •irport, to support not only the airport Dut also the airport orter or opsrator'•
geaenl debt obligations or other fae111tiee, they thi• limitation oa the use of all »venues generated by the
airport (and, in the case of • public airport, local fazes oa aviation fuel) shall not apply.
26. Resorts and I_ampactioas. It rill subait to the Sec »tary aueh annual or spacial financial and
opentlom »ports as the ec»tary may reasonably »quest. Tor airport development projects, it rill also make
the airport sad all •irport records sad documents affecting the airport, including dseda, leases, ope»tloa and
use agreemsnte, regulations and otbar im trumenta, available for impaction by any duly authorised agent of the
Sec »tary upon raasomDle request. Tor noise ooapat1Di11ty program projects, it rill also Hake »cords and
documents relating to the pro3ect and oontinuad compliance rith the terms, conditions, and •ssunncee of the
gnat •g»ement including deeds, leases, •g»saents, regulations, and other iastr~aeats, available for
impaction b7 any duly authorised agent of the Secretary upon »asomDle »queet.
27. Uae of Coveramaat Airenit. It rill make available •11 of the facilities of the airport developed rith
Tedsnl macia assistance an a 1 those usable for landing and takeoff of aircraft to the United States for
use by Government aircraft in common rith other •ircratt at all tissa vitbout charge, szcept, if the use by
Goverment aircraft is substantial, charge msy Da ads fora »asonable share, proportional to such uea, for the
cost of operating sad maintaining tbs facilities used. Unless otherriee determined by the Sec »tary, or
otherrisa agreed to by the spomor and the using agency, substantial use of an •irport by government aircraft
rill De comide»d to eziat rhea oparatione of such airs n ft a» in ezcees of those rhich, in the opinion of the
Secretary, could unduly lnterfe» rith use of the landing areas by other authorised aircraft, or during any
calendar month that--
a. Five (5) or more government aircraft are regularly beeed at the airport or on land ad~aceat
the»to; or
b. The total number of aoveaeats (counting each lending as a movement) of government aircraft is 300
or more, or the gross •ecumulatire might of government aircraft using the airport (the total movements of
government aircraft multiplied Dy gross sights of such aircraft) ie in •zcaee of five million pounds.
2B. Lad for Tedenl Tacilitiea. It rill turish ritbout cost to the Pedsnl Government for use is
eomection rith any air traffic control or air navigstioa •etivities, or reather-reporting and communication
activities »lated to air tnfflc control, aqy a»ae of land or rater, or •atate the»in, or rights in buildings
of the spomor as the Sacratary com ids » necesssry or dssinble for construction, operation, and aaiatenance at
Pedenl ezpeme of space or facilitise for such purposes. Such a»as or arty portion the»of rill Da made
availsble ae provided he»in rithin four months after receipt of a critter »quest from the Secretary.
2g. Airport Lyout Plaa.
a. It rill keep up to date at all times an airport layout plan of the airport shoring (1) boundaries
of tbs airport and all proposed •dditiom the»to, together rith the boundaries of all offalte a»ae orned or
controlled by the spomor for airport purposes sad proposed •dditioae the»to; (2) the location and m tore of
all szlsting and proposed airport facilities ando t edteztensions sad reductionszof e:istiagaairpotrmtifacilities;
buildings, hangars, and roads), including all pr po
and (3) the location of all ezisting and proposed nonariation a»aa end of all a:iatiag iaprovsmeata the»oa.
Such airport layout plan and each ashndment, revision, or modification the»of, shall M suD~ect to the approval
8eoretarycoatt~ faoe ofptb~ alrportllayoatiplan~ Thetaponsor•rill not make oruparalt any ebaagae orw of the
altantiom in tDe airport or in aav of its facilities rbicb •» not in conryn~d •rsel the •irport layout plan
as approved Dy the Secretary and rbicb might, in the opinion of the Sac»ta y affect the safety,
utility, or efficiency of the airport.
b. If a change or alteration in tb• airport or its facilities is made rbicb the Ssc» tary determines
adversely affects the safety, nt111ty, or efficiency of any Tedenlly orned, leaseroved byathe Secrataryoaths
off the airport sad rbicb ie not is conforzity rith tb• airport layout plan as app
oraer or operator rill, if »queated by the Sac»tary (1) •limlmte ouch adverse effect in • su<mer approved by
tDe 9scretaryi or (2) Dear all coats of relocating ouch property (or replacement thereof) to • cite acceptable
ntility~effici•acy, and costsoffoperationgezisting beto»(tbe»uaapproved cDaageflntthea irport or itsety,
facilities.
lU Tora 5100-100 (11-89) Development or Roise Program - Public Sponsor Page 11
;~. L'ivii ~tivnts. It will comply witn such rules as are prarulyated to assure that no perscm
• ~ shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal financial assistance is extended
to the program, except where Federal financial assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or improvements thereon, in
which case the assurance obligates the sponsor or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for mother purpose involving the provision of similar services or
benefits or (b) the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will, when
the land is no longer needed for such purposes, dispose of such land at fair market value at the
earliest practicable time. That portion of the proceeds of such disposition which is proportionate
to the United States share of the cost acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an
approved noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased order a grant for airport development (other than noise
compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of
such land at fair market value or make available to the Secretary an amount equal to the United
States proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States share of the cost of acquisition of such
land, will, (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national
airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible
project exists.
(2) land shall be considered to be needed for airport purposes under this assurance if
(a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise
buffer land, and (b) the revenue from interim uses of such land contributes to the financial sglf-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator or
owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary
or the Federal agency making such grant before December 1, 1987, was notified by the operator or
owner of the use of such Land, did not object to such use, and the lard continues to be used for that
purpose, such use having commenced not later than December 15, 1989.
c. Disposition of such land under (a) or (b) wilt be subject to the retention or reservation
of any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with the operation of the airport.
32. l:naineerina and Design Serv;rns. It will award each contract, or subcontract for program
management, construction management, plaming studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying, mapping, or related services with respect to
the project in the same manner as a contract for architectural and engineering services is negotiated
urxler Title Ix of the Federal Property and Administrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreicn Market Restriction. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in which
each foreign country is listed by the United States Trade Representative as denying fair and
equitable market opportunities for products and suppliers of the United States in procurement and
construction,
34. Policies, Standards and Scecifications IC will carry out the project in accordance with
policies, starxiards, and specifications approved by the Secretary including but not limited to the
advisory circulars listed in the "Current FM Advisory Circulars for AIP Projects,
dated and included in this grant, and in accordance with applicable state
policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Procerty Acquisition (1) It will be guided in acquiring real property,
to the greatest extent practicable order State law, by the land acquisition policies in Subpart B of
49 CFR Part 24 and will pay or reimtwrse property owners for necessary expenses as specified in
subpart B. (2) Ft will provide a relocation assictarxa program offering the services described in
subpart C and fair and reasonable relocation payments and assistance to displaced persons as required
in Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time
prior to displacement comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Pert 24.
36. Drug Free Workplace. It will provide a drug-free workplace at the site of work specified in
the grant application in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its
employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the sponsor's workplace and specifying the actions that will be taken
against its employees for violation of such prohibition: (2) establishing a drug-free awareness
program to inform its employees about the darpers of drug abuse in the workplace and any available
drug counseling, rehabilitation, and employees assistance programs: (3) notifying the FM within ten
days after receiving notice of an employee criminal drug statute conviction for a violation occurring
in the workplace: and (4) making a good faith effort to maintain a drug-free workplace.
FAA Form 5100-100 (6-91) Development or Noise Program - Public Sponsor Page 12
CURRENT FAA ADVISORY CIRCULARS FOR ATP PROJECTS
` Effective Date; 7_Zg_gl
NUMBER SUBJECT
7o/7<6D•1c
ISO/5100.148
CNO 1
150/5200.30
CxG 112
150/5210.58
150/5210.28
150/5210.14
150/5210.15
150/5220.4A
150/5220.10
CNG 112
150/5220.11
150/5220.12
150/5220.13A
150/5220.1GA
150/5220-IS
150/5220.16
tS0/5220.17
ISO/5300-13
ISO/5320.58
150/5320-dC
CNG I L 2
150/5320.12A
I50/5320.1<
t50/5325•GA
CNG 1
150/5360-tf
150/53<0•GC
CNO 1 t 2
150/53c0•SB
CNG 1
ISC/53<0•fGe
C NO Iii
150/53<0.178
150/53[0.188
150/53<0.19
150/53[0.21
150/5340.238
150/5360.24
CxG 1
150/SSc0.27A
150/53<5.30
150/53<5•SA
150/53c5•fi
' CNG 1
ISO/5345•t0E
. 1S0/53<S•12C
150/5345.13A
ISO/53<5.268
CxGti2
150/5345-27c
150/53G5.28D
150/53[5.398
CNG i
1sD/sl<s•<zc
150/53<S•G3D
150/SS<5•L60
150/S36S•45A
150/SICS-<6A
150/SSGS•47A
150/SICS•<9A
tSC/53c5•SO
CNG 1
150/53<5.51
CMG 1
150/5345.52
150/5360.9
150/5360.12
150/5360.13
150/53)0.2[
150/5370.68
150/5370.10
[xG 1,2,3
ISO/5370.11
CNG 1
150/5370.12
150/5390.2
150/5390.3
Obstructim Narking and Lightlrg
Architectural, Erg ineeri ng, and Plaming Consultant Services (or Airport Grant proJect^
Airport Winter Ss(ety std Opere[f oni
Painting, Narkirg and Lighting of Vehicles Used m an Airport
Aircraft Fire and Rescw Coepitxttutians
Airport ffre and Rescw Persomel protective Clothing
Airport Rescue and Fire}Igh N ng Statim Building Design
eater Supply Syst ens for Aircrelt ffre and Roseue Protection
Guide Spetif lcatim for Water/foam Type Alrc raft Fire and Recces trucks
Airport Snablower Specifiutim Guide
Airport Snwsveeper Speei(icsttm Gul de
RtxWay Surface Condition Sensor Sped (Icatim Guide
Airport Fire and Resew Veh lcle Speeif ieatfon Guido
Building: for Storage and Maintenance of Airport Snow Removal and !ce Control Equipment: A
Guide
Automated Veather Observing Systems }or Non-f ederel Appl icetlons
Design Standards for Aircraft Rescw fire•f (ghtirtg Training Fseil hies
Airport Design
Airport Drainage
Airport Pavement Design sod Evalwtim
Measurement, Construction, and Xaintenance of Sk1d Resistant Airport Pavemont Surfaces
Airport landscaping for Noise Control Purposes
Rtxway length Requirements for Airport Design
Marking of Paved Arses m Airports
Installatim Details for Runway Cmterline Touchdown Zone lighting systems
Segmented Circle Airport Marker system
Economy Approach lighting Aids
Standby power for Non-FM Airport Lighting syst cots
Standards for Al rport Sign Systems
Taxiway Centerline light trig system
Airport Miscellaneous Lighting Viswl Aids
SuPPleetmtal Wnd Cones
Runway and iaziway Edge lighting System
i,'
Air-io•Ground Radio Control of Airport Lighting Systems
Specification for L-821 Panel: for Renate Cmtrol of Airport Lighting
Circuit Selector Switch
Specification }or L-824 Underground Electrical Cable for Airport Lighting Circuits
Specification {or Constant Current Regulators Regulator Monitors
Spec Nicatim for Airport sod Heliport Beacon
Specifieatlm for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
Speci(teations (or L•823 Plug and Receptacle, Cable Comeetors
Specif{eatlm for Wlnd Cones Asseebiles
Precision Approach Path Indicator (PAPI) Systems
FAA specification L-853, Rtrway and Taxiway Cmterline Aetotlective Markers
Speel}icatim }or Airport Light Bues, Transformer Housings, Juxtion Boxes std Accessories
Specification (or Obstruction Lighting Equipment
Spetl(itetlm for Taxiway and Rtxtway Signs
Lightweight Approach Light Structure
Stxti(icatim for Runway and Taxiway Light Fixtures
Isolation Transformers for Atrport Lighting Systems
Specification L-85<, Radio Control Equipment
Specification for Portable Runway Lights
Speciffcatim }or Discharge-Type Flasher Equipment
Generic Viswl Glideslope Indicators IGVGI)
Plam(np artd Design of Airport Terafnel Facilities at Non-Nub Locations
Airport stgniry std Graphics
Plaming and Oesign Guidance for Airport Terminal Fecllittes at Non-Hub Locatiarts
Operational Sa (sty oft Airports During Construction
Cmstructfm Progress and theixetim Report-Alrport Grant Program
Surdarda for Specifying Cmatructlm of Airports
Use of Nondestructive Testing Devices in the Evalwtim of Airport pavements
Duality Cmtrol of COnetruetim for Airport Grant Projects
Nellport Design
Vertiport Design