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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