HomeMy WebLinkAbout2002-09-01-R RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY ATTORNEY OF BATESVILLE TO SIGN A GRANT
OFFER AGREEMENT FOR IMPROVEMENTS TO THE
BATESVILLE REGIONAL AIRPORT UNDER PROJECT
NUMBER 3-05-0004-006-2002.
that the Batesville Regional Ai
WHEREAS, it is recognizedS rPort has the need to acquire
property for the purpose of planning for an approach and instrument approach for the
MALSR System which will require a light lane; and
WHEREAS, the objective of this project is to improve safety for users of the airport and
by providing property for the light lane, the airport will be in a position to provide the
land for the MALSR light lane as the instrument procedure is planned and eventually
becomes a reality.
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of
Batesville, Arkansas, hereby authorizes the Mayor to accept the grant offer from the
Federal Aviation Administration under AIP project 3-05-0004-006-2002.
Entered this 24`h day of September, 2002.
)MAYOR
ATTEST:
Llzl�s
CITY CLERK
�1
U.S.Department Southwest Region Fort Worth,Texas 76193-0000
of Transportation Arkansas, Louisiana,
New Mexico, Oklahoma,
Federal Aviation Texas
Administration
September 17, 2002
The Honorable Joe Baird
Mayor of Batesville
500 East Main Street
Batesville, AR 72501
Dear Mayor Baird:
Enclosed are the original and one copy of the Grant Offer for Airport Improvement Program
(AIP) Project No. 3-05-0004-006-2002 at the Batesville Municipal Airport. This Grant
Offer is financed from Fiscal Year 2002 funds and must be accepted by September 30, 2002,
in order to be valid. After the Grant Offer has been accepted by resolution of the governing
bodies of the Sponsor, executed, and certified, please return the original to us. The copy is
for the your files. Please ensure that the attorney reviews and dates this certification after
the Sponsor's acceptance.
The Federal Aviation Administration is constantly striving to improve efficiency in the
management of AIP grants. We believe this is necessary in order to negate any criticism that
AIP funds under grant are idle while other critical projects are not funded because of the
shortage of funds. In this regard, we are emphasizing the requirement that all AIP projects
be accomplished in a timely manner. This requirement is further specified in Condition
No. 4 herein.
One measurement that a project is progressing acceptably is the regularity that grant
payments are being made or drawn down to reimburse for project accomplishments. When
grant funds are drawn down regularly, this would prove that the funds are not idle. We
request that during the course of the project, the grantee request or draw down grant
payments for project accomplishments every 30 days during the course of the project life.
This 30-day requirement can be waived when the accomplishments are not significant
enough to warrant a grant payment, i.e., less that $10,000. However, a request for or a draw
down of a grant payment will be required within 30 days after the end of each federal fiscal
year to cover all accrued grant costs from the prior fiscal year that have not been reimbursed
and provide an accounting of the year end status of each project.
Commitment to Excellence - Our Commitment to You
2
This procedure will promote better stewardship of the limited AIP funds. We sincerely
appreciate your cooperation and look forward to working with you to complete this
important project.
Sincerely,
Edward N. Agnew
Manager, Arkansas/Oklaho a
Airport Development Office
Enclosure (2)
cc:
Ms. Mary Amos
Airport Manager
Batesville Municipal Airport
1126 Batesville Boulevard
Batesville, AR 72501
Mr. Bob Chatman
Project Manager
Miller-Newell Engineers, Inc.
510 Third Street
Newport, AR 72112
Mr. John Knight, Director
Arkansas Department of Aeronautics
Adams Field, One Airport Drive, 3rd Floor
Little Rock, AR 72202
Commitment to Excellence - Our Commitment to You
r/
kw
1
GRANT AGREEMENT
U.S. Department
of Transportation
FOR DEVELOPMENT PROJECT
Federal Aviation
Administration
PART I-OFFER
Date of Offer: September 17,2002 Project No. 3-05-0004-006-2002
Airport: Batesville Regional Airport
TO: City of Batesville
(herein referred to as the"Sponsor")
FROM: The United States of America(acting through the Federal Aviation Administration,herein referred to as the"FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance)
dated September 12,2002,for a grant of Federal funds for a project for development of the Batesville Regional 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
CWHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the
following-described airport development:
Acquire Runway Protection Zone Land(22.21 Acres)for Runway 7 Approach and Conduct
Miscellaneous Study(Precision Instrument Approach Survey)
*all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal
Assistance.
FAA Form 5100-37(10-89)Development or Noise Program Page 1 of 5 Pages
ASW Form 5100-37(7/10)
�iwNOW THEREFORE,pursuant to and for the purpose of carrying out the provisions of Title 49,United States Code,herein called
"Title 49 U.S.C.," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in said Project Application and its acceptance of this Offer as hereinafter provided, and(b)the benefits to accrue to the
United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein
provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project,ninety 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$89,217.00.
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 Title 49 U.S.C.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will
be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the
project application.
`,.3. 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 September 30, 2002, or such subsequent date as may be prescribed in writing by
the FAA.
7. The sponsor shall take all steps, including litigation if necessary,to recover Federal funds spent fraudulently,wastefully, or in
violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means funds, however, used or 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 judgment, to the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be
incident to,compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
10. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the
,Application for Federal Assistance.
FAA Form 5100-37(10-89)Development or Noise Program Page 2 of 5 Pages
ASW Forth 5100-37(7/10)
�W11. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds
the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally
reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs,FAA
may increase the grant to cover the amount of overrun not to exceed the statutory fifteen(15%)percent limitation,and will advise
the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters,the maximum obligation of the United
States is adjusted to the amount specified.
12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to
adhere to this provision may cause the letter of credit to be revoked.
13. The Sponsor agrees to perform the following, if this project contains more than$250,000 of paving:
a. 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
Materials standards on laboratory evaluation referenced in the contract specifications(D 3666,C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken,the
method of sampling,the applicable test standard, and the acceptance criteria of tolerances permitted for each type of
test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and
that the proper corrective actions,where necessary,are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed,
highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions
applied and reasons for accepting any out-of-tolerance material. An interim test and quality control report shall be
submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any
compelling justification,result in a reduction in Federal participation for costs incurred in connection with construction of
the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of
required tests not performed or not documented and will be commensurate with the proportion of applicable pavement
with respect to the total pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if
such independent tests determine that sponsor test results are inaccurate.
14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as
Sponsor contracts.
FAA Form 5100-37(10-89)Development or Noise Program Page 3 of 5 Pages
ASW Form 5100-37(7/10)
Ole Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor,as hereinafter provided,and this Offer and Acceptance shall comprise a
Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the
Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
CC � .
Edward N. Agnew,Manager
Arkansas/Oklahoma Airports ev lopment Office
•
FAA Form 5100-37(10-89)Development or Noise Program Page 4 of 5 Pages
ASW Form 5100-37(7/10)
L 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 com ly with all of the terms and conditions in this Offer and in the Project Application.
Executed this OCL day of ,2002.
City of Batesville
(Name of Sponsor)
B?-(Sponsor's
(SEAL) Designated Official Representative)
Title:
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
S+J 6(— ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of
Arkansas. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and
find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49 U.S.C. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal impediments that
will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and
binding obligation of the Sponsor in accordance with the terms thereof.
Dated at �.��S /� /N1 this sa' erday of J1 ,2002.
(Sign onsor's Attorne
FAA Form 5100-37(10-89)Development or Noise Program Page 5 of 5 Pages
ASW Form 5100-37(7/10)
APPLICATION FOR OM6 Apgnpv4j NO.03Ad-0013
^^ 2."rE fUWtriED Applicant'' >'�r .
FEDERAL ASSISTANCE
1. "Of SUBMISSION: f.LATE RICEIVED We STATE State
Application identifier
.0plicatlon Prtl.Dpfication
[}t Construction ❑ Construction
a.GATE RE-;"D BY FEDCRAL AGENCY f=ederal Identifier
❑ Non-Constnxtron ❑ Non-Conn*action
AP►LfCl.KT IN"MArION
i
Legal Name. Organizational LWt-
City of Batesville Batesville Airport Commission
Address(G^'e sty.county.state,arxd Zip code) Name and te+•pnora number of the person to be contacted on nuttara i r'-O i'g
500 East Main this&;Vcation (pave area cad•)
Batesville, Independence County, Mary Amos, Airport Manager
Arkansas 72501 870-251-1244
{. EMPLOYER W MTTthCAnON NUMBER(FIN)' 7. TYPt Of APPL.r—AXT:(enter approprieh hoer in box) Li
L7 1 1 5 1 2 4 0 3 A. State H.Irdependent Srlio�l Dist.
S. County I. Sate ConUdled tnat acro of Higher Leeming
A r0l Of APPLICATION r- municpa J. Private Ur~sity
D. Ttr;rr io K k>9an Tribe
(3 New ❑ Continuation ❑ Revision E. Interstate L kdividual
F. InttermwiDp l U.Profit Organization
C Revision,entaw apprWiat letter(:)in box(44: ❑ 11 G.Spew Distnct N.Other(Specify):
A malas•Award B.Deae&se Award C.klaeaae Duration '
D.Decease Duration ottw(apecity): B. IK.WE Of FED[RA.L AGENCY:
Federal Aviation Administration
Fort Worth TX 76193-0630
It. CATALOG Of FEDERAL DOMESTIC 11. GEWRI"M MU Of A►►LlCAMT'S PROJECT:
A"STAHu NUM40L 2 0 e 1 1 0 6
Land acquisition for MALSR Light Lane &
TITLE RPZ Survey. for Obstruction Chart.
Airport Improvement Program
IL An"Afllcm BY PROJECT(Cities.counties.sate&er-.
Batesville, Independence County, AR
( IL'PROPOSED MOJECT: W CCWGRESS1OkALbtSTRtCTiOf:
Surf Dat Ending Dat e.Aookant :b.Project
6-1-2002 10-1-2003 First First
IS.ESTIMATED"DING: 19.K APPUCATION SUBJECT TO RVi"BY STATE IEfCUTNT ORDE1l Inn PIIOCtSST
Fed" _ 8 9,217
a YES THIS MEAPPL)CATKWAPPUC�T1ON WAS UADE AVAILABLE TO THE
• 00 STATE EXECUTWE ORDER 12372 PROCESS FOR REVIEW ON:
a Applicant = 9,913 GATE 9-11-0 2
C.Sat t X00
e Na ❑ PROGRAM IS NOT COVERED BY E.O.tun
a Local
❑ oR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e.ottw
C Program kcone i JJO A?.:.0 TW APPLICANT D[LIMOUOR ON ANY 11E0E1tAL OEM
.00 •❑ Yis • M•Ya&'sten+an explanation. No
Q TOTAL _
99,136
It TO THE BEST Of MY KNOWLEDOI AND MUM ALL DATA w THIS Aa'VWA IOK"jAPPUCAnoN ARE TRUE AMO CORRECT.THE DOCUMENT MAS BEEN DULY
AUTIIO*WW BY THE OOYERNINO WOO Of THE APPUCAMT AND THE APPLICANT WILL COMPLY MTTM TME ArtACNED ASSURANCES M THl ASSWANCIE a AWARDED
a:Typed N.me cJ INV b.Title G Te4phone number
Mayor 70-698-2400
r Signsuxa of Repreeenative a Date S.gned
mous Gens CU andard orm ata r Ev s-666
Prescnb•d tIY ()US Cncutar A-102
'Authorized for Local Reproduction
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OM6 NO. BO-FCIez
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, Name of Governing Body
regional, or other priority rating? Priority Rating
Yes X No
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
X Yes No
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Date
Yeses— No
tftm 5.
Is the proposed project covered by an approved Check one: State —_
comprehensive plan? Local
Regional
_x Yes No Location of plan Airport Manager' s Office
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Yes X No Federal Population benefiting from Project
Item 7.
Will the assistance requested be.on Federal land. Name of Federal Installation
or installation? Location of Federal Land
—Yes__X_—No Percent of Project
Item 8.
Will the assistance requested have an impbetor effect See instruction for additional information to be
on the environment? provided.
Yes.}i—_No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals families, businesses, or farms? Families
Businesses
Yes. X No Farms
em 10.
' 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 (6-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2
'GPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04-RO209
PART II - SECTION C (SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use.-The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
Height Zoning Ordinance No. 824 adopted in 1973
2. Defaults.-The Sponsor is not in default on an}'obligation to the United States or any agency of the United States Govern-
ment relative to the develoth:
pment,operation,or maintenance of any airport,except as stated herewi
N/A
j co
3. Possible Disabilities.-There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to 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 abiliiy or otherwise,except as follows:
N/A
4. Land.-(a) The Sponsor holds the following property interest in the following areas of land*.which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances,and adverse interest,
all of which areas are identified on the property map designated as Exhibit"A"
The City will purchase in Fee Simple lands for Airport Development.
tate character of property interest in each area and list and identify for each all exceptions,encumbrances,and adverse interests
�J of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified hereby the
area numbers shown on the property map.
FAA Form 5100-100(4-76) Page 3a
DEPARTMENT OF TRANSPORTATION- FEDr VIATION ADMINISTRATION OMB NO. eo-acres
PART 111 — 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 —�
I
Use only for revisions
Total j
Cost Classification Amount
Latest Approved Adjustment Required i
Amount . or(-)
1. Administration expense/Le al S S $ i
g 4,500 I
2. Prel .-inary expense ))
3. Laridtstructures, right-of-way Surve66�630b)Appraisal( 000) 75,630.
I
4. Architectural engineering basic fees 3,000
5. Other architectural engineering fees Survey16,000
G. Project inspection fees
7. Land development
8_ Relocation Expenses
Relocation payments to Individuals ano Businesses
10. Demolition and removal
11. Construction and project improvement
12. Equipment
13. Miscellaneous
14. Total(Lines 1 through 13)
15. Estimated Income(if applicable)
16. Net Project Amount (Line 14 minus 15)
99,130
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt.(Excluding Rehabilitation Grants) 99,130
20. Federal Share requested of Line 19 89,217
21. Add Rehabilitation Grants Requested(100 Percent)
22. Total Federal grant requested(Lines 20&21)
89,217
23. Grantee share
9,913
Other shares
25. Total project(Lines 2P, 23&24) S S S 99,130
FAA Form 51loo.1po (6 73) SUPERSEDES FAA FORM S100-10 PAGES 1 THRU 7 PogG 4
DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION O'AB NO. 6 •c:1E:
SECTION C — EXCLUSIONS
Classification
Ineligible for Excluded from
Participation Contingency Provision
26 2
a- S b
b.
c
d.
e.
f.
9' Totals S 5
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share S
a. Securities
b. Mortgages
1 c. Appropriations(By Applicant) 4,956-50
/ d. Bonds
e. Tax Levies
f. Non Cash
g. Other(Explain)
h. TOTAL—Grantee share
28. Other Shares
a State
4,956-50
b.Other f
c.Total Other Shares 1
I
29. TOTAL
S 9,913.00
SECTION E — REMARKS
PART IV PROGRAM NARRATIVE Attach — See Instructions
FM Form 5100.100 (e-73) SUPERSEDES FAA FORM S10o-10 PAGES i THRU 7 Page 5
Miller-Newell Engineers,Inc.
PROGRAM NARRATIVE
BATESVILLE REGIONAL AIRPORT
NEED
The Batesville Regional Airport through its recent Master Plan Update has recognized the
need for an instrument approach to their facility. The privately owned VOR has been
decommissioned for several years. As a result, instrument capability has been minimized. This
has affected the volume of traffic to a certain extent. There is a need to plan for an approach and
an instrument approach will require the MALSR system. The property is required in fee simple
for the light lane. In addition, the RPZ will be expanded to comply with AC5300-13 dimensional
standards. In addition, the Airport Commission wishes to pursue a GPS approach. To do so, an
obstruction chart must be generated for use in developing a procedure. The need exists to
provide a survey for this purpose.
OBJECTIVE
The objective of this project is to improve safety for all weather users of the airport
facility. By providing the property for the light lane,the airport will be in position to provide the
land for the MALSR Light Lane as the instrument procedure is planned and eventually becomes
a reality. An orderly preparation will insure a timely installation of the required facilities for the
future Instrument Landing Procedure. The survey will provide the location and elevation of
obstructions in the approach. The survey will allow the preparation of an approach procedure for
PROGRAM NARRATIVE -I-
PROJECT
LOCATION
62 Harrison 62 Hardy 62
Fayetteville 412
ara ould
Jonesboro Ville
62 BATE3VIId,E 67
71 65 49 67 55
F t Smith 40 Russellville 167 167
ewpo
Searcy • • 64
Bald Kno
Conway• 67 Memphis
167
40 Brinkley
270 Little Ro
Hot Springs 49
Pine Bluff
30
167 @653
McGehee
Ti ana
El Dorado
VICINITY MAP
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PART V
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,and noise
compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title
49,U.S.C.,subtitle VII,as amended. As used herein,the term"public agency sponsor"means a public agency with control of a public-use
airport:the term"private sponsor"means a private owner of a public-use airport:and the term"sponsor"includes both public agency
sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and
assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project,or throughout the useful life of the project items installed within a
facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant
offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the terms,conditions,and assurances
with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the
assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a
private sponsor except that the useful life of project items installed within a facility or the useful fife of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less than ten(10)years from the date of
acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2,3,5,6, 13, 18,30,
32,33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant agreement shall remain in full
force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,regulations,executive orders,policies,guidelines,and
requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C.,subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(a),et sea.1
C. Federal Fair Labor Standards Act-29 U.S.C.201,et sea.
d. Hatch Act-5 U.S.C. 1501,et seo.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,et sea.1 2
f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C.470(0.1
g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469c.1
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et sea.
i. Clean Air Act, P.L.90-148,as amended.
j. Coastal Zone Management Act,P.L.93-205,as amended.
k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C.4012a.1
I. Title 49,U.S.C.,Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973-29 U.S.C.794.
n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4.
o. Age Discrimination Act of 1975-42 U.S.C.6101,et sea.
p. American Indian Religious Freedom Act,P.L.95-341,as amended.
q Architectural Barriers Act of 1968-42 U.S.C.4151,et seg.1
r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.8373.1
S. Contract Work Hours and Safety Standards Act-40 U.S.C.327,et sea,1
t. Copeland Antikickback Act- 18 U.S.C.874.1
U. National Environmental Policy Act of 1969-42 U.S.C.4321,et sea.1
V. Wild and Scenic Rivers Act, P.L.90-542,as amended.
W. Single Audit Act of 1984-31 U.S.C.7501,et sea.2
4LX. Drug-Free Workplace Act of 1988-41 U.S.C. 702 through 706.
Airport Assurances (9/99) V-1
Executive Orders
Executive Order 11246-Equal Employment Opportunityl
Executive Order 11990-Protection of Wetlands
Executive Order 11998—Flood Plain Management
Executive Order 12372-Intergovernmental Review of Federal Programs.
Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction'
Executive Order 12898-Environmental Justice
Federal Regulations
a. 14 CFR Part 13-Investigative and Enforcement Procedures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 150-Airport noise compatibility planning.
d. 29 CFR Part 1 -Procedures for predetermination of wage rates.'
e. 29 CFR Part 3-Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from
the United States.'
f. 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed and assisted construction(also
labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards
Act).'
g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor
(Federal and federally assisted contracting requirements).1
h. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3
i. 49 CFR Part 20-New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of
the Civil Rights Act of 1964.
k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions.
I 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2
m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs.
n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal
financial assistance.'
o. 49 CFR Part 29—Government wide debarment and suspension(non-procurement)and government wide requirements for drug-
free workplace(grants).
p. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market
access to U.S.contractors.
q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building construction.'
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-133-Audits of States,Local Governments,and Non-Profit Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance.
Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private
sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant,and to finance and carry out the proposed project;that a
resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the
filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all
terms,conditions,and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and
authorize that person to file this application,including all understandings and assurances contained therein;to act in connection with
this application,and to provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United
States. It as sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or
control.
4. Good Title.
a. It,a public agency or the Federal government, holds good title,satisfactory to the Secretary,to the landing area of the airport or site
thereof,or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good title satisfactory to the Secretary
to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be
obtained.
Airport Assurances (9/99) V-2
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of
the terms,conditions,and assurances in the grant agreement without the written approval of the Secretary,and will act promptly to
acquire,extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the
sponsor.This shall be done in a manner acceptable to the Secretary.
b. It will not sell,lease,encumber,or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit
A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been
expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States Code,to assume the obligations of the grant agreement
and to have the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest,and make binding upon the transferee all of the terms,conditions,and
assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned
by a unit of local government other than the sponsor,it will enter into an agreement with that government. Except as otherwise
specified by the Secretary,that agreement shall obligate that government to the same terms,conditions,and assurances that would be
applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there
is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an agreement with the owner of
that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property
owner whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a
public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an
employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and
maintained in accordance Title 49,United States Code,the regulations and the terms,conditions and assurances in the grant
agreement and shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this application)of
public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the
airport.
7. Consideration of Local Interest- It has given fair consideration to the interest of communities in or near where the project may be located.
B. Consultation with Users. In making a decision to undertake any airport development project under Title 49,United Slates Code,it has
undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension,it has afforded the
opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when
requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on its
management board either voting representation from the communities where the project is located or has advised the communities that they
have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it will provide for the
Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,designed,
constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not
been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within
sixty days after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of
pavement at the airport,it assures or certifies that it has implemented an effective airport pavement maintenance-management program and
it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49,it
has,on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under section
44706 of Title 49,United States Code, and all the security equipment required by rule or regulation,and has provided for access to the
passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the
grant,the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the
cost of the project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall
be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984..
4L b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized
representatives,for the purpose of audit and examination,any books,documents,papers,and records of the recipient that are
pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six(6)months following the close of the fiscal year for which the audit was made.
Airport Assurances (9/99) V-3
14. Minimum Wage Rates. It shall include.in all contracts in excess of$2,000 for work on any projects funded under the grant agreement
which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor,in accordance with the
Davis-Bacon Act,as amended(40 U.S.C.276a-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates
shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor,such
provisions as are necessary to insure that,in the employment of labor(except in executive,administrative,and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,United States Code.
However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment
relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications,and schedules approved by the
Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction,or other performance under this grant agreement,and,upon approval of the Secretary,shall be incorporated into this grant
agreement. Any modification to the approved plans,specifications,and schedules shall also be subject to approval of the Secretary,and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout
the project to assure that the work conforms to the plans,specifications,and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and
such work shall be in accordance with regulations and procedures prescribed by the Secretary.Such regulations and procedures shall
require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the
modifications similarly approved.
b It will fumish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a
grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project
shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish,disclose,distribute,and otherwise use any of the material prepared in
connection with this grant.
f. t will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or
any part of this project as well as the right to disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material
developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any
pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled
by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation. It will not cause or
permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal to temporarily
close the airport for non-aeronautical purposes must first be approved by the Secretary.
In furtherance of this assurance,the sponsor will have in effect arrangements for-
(1)Operating the airport's aeronautical facilities whenever required,
(2)Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions:and
(3)Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when
snow,flood or other climatic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as
requiring the maintenance, repair,restoration,or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been
expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument
and visual operations to the airport(including established minimum flight altitudes)will be adequately cleared and protected by removing,
lowering,relocating,marking,or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use. It will take appropriate action,to the extent reasonable,including the adoption of zoning laws,to restrict the use of
land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations,including
landing and takeoff of aircraft. In addition,if the project is for noise compatibility program implementation,it will not cause or permit any
change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program
measures upon which Federal funds have been expended.
Airport Assurances (9/99) V-4
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds
and classes of aeronautical activities,including commercial aeronautical activities offering services to the public at the airport.
b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person,firm,or
corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert
and enforce provisions requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof,and
(2) charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts,rebates,or other similar types of price reductions to volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the same rates,fees,rentals,and other charges as are uniformly applicable
to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted
by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,nontenant,or subtenant of another air carrier tenant)shall be subject to such
nondiscriminatory and substantially comparable rules,regulations,conditions,rates,fees,rentals,and other charges with respect to
facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use
of such airport and utilize similar facilities,subject to reasonable classifications such as tenants or nontenants and signatory carriers
and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an
air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,firm,or corporation operating aircraft on the
airport from performing any services on its own aircraft with its own employees[including,but not limited to maintenance,repair,and
fueling]that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved will be
provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers
authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide,aeronautical
services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not
be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such services,and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an
existing agreement between such single fixed-based operator and such airport.
It further agrees that it will not,either directly or indirectly,grant or permit any person,firm,or corporation,the exclusive right at the
airport to conduct any aeronautical activities,including, but not limited to charter flights,pilot training,aircraft rental and sightseeing,
aerial photography,crop dusting,aerial advertising and surveying,air carrier operations,aircraft sales and services,sale of aviation
petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,sale of
aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an
aeronautical activity,and that it will terminale any exclusive right to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport
as self-sustaining as possible under the circumstances existing at the particular airport,laking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for
which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the
Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,rates,and charges for users of that
airport.
Airport Assurances (9/99) V-5
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it
for the capital or operating costs of the airport:the local airport system;or other local facilities which are owned or operated by the
owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or
property,or for noise mitigation purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations
issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3,1982,in
governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or
operator's facilities,including the airport,to support not only the airport but also the airport owner or operator's general debt obligations
or other facilities,then this limitation on the use of all revenues generated by the airport(and,in the case of a public airport,local taxes
on aviation fuel)shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review,and the
resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph(a),and indicating whether
funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49,United States Code and
any other applicable provision of law,including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107
of Title 49,United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make
such reports available to the public;make available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport,including deeds,leases,
operation and use agreements,regulations and other instruments,available for inspection by any duly authorized agent of the
Secretary upon reasonable request;
C. for noise compatibility program projects,make records and documents relating to the project and continued compliance with the terms,
conditions,and assurances of the grant agreement including deeds,leases,agreements,regulations,and other instruments,available
for inspection by any duly authorized agent of the Secretary upon reasonable request;and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal
years, an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made,and
(ii) all services and property provided by the airport to other units of government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all
those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times
without charge,except,if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such
use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by
the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such
aircraft are in excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized
aircraft,or during any calendar month that-
a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto,or
b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross
accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross
weights of such aircraft)is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air
navigation activities,or weather-reporting and communication activities related to air traffic control,any areas of land or water,or estate
therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction,operation,and maintenance
at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein
within four months after receipt of a written request from the Secretary.
29, Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions
thereto,together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto; (2)the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,
aprons,terminal buildings, hangars and roads),including all proposed extensions and reductions of existing airport facilities;and(3)
the location of all existing and proposed nonavialion areas and of all existing improvements thereon.Such airport layout plans and
each amendment.revision,or modification thereof,shall be subject to the approval of the Secretary which approval shall be evidenced
by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might,in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the
airport.
Airport Assurances (9/99) V-6
b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety,utility,or
efficiency of any federally owned, leased,or funded property on or off the airport and which is not in conformity with the airport layout
plan as approved by the Secretary,the owner or operator will,if requested, by the Secretary(1)eliminate such adverse effect in a
manner approved by the Secretary:or(2)bear all costs of relocating such property(or replacement thereof)to a site acceptable to the
Secretary and all costs of restoring such property(or replacement thereof)to the level of safety,utility,efficiency,and cost of operation
existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color,national
origin,sex,age,or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant.
This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,except where
Federal financial assistance is to provide,or is in the form of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a)the
period during which the property is used for a purpose for which Federal financial assistance is extended,or for another purpose involving
the provision of similar services or benefits,or(b)the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,it will dispose of the land,when the land is no longer needed
for such purposes, at fair market value,at the earliest practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States'share of acquisition of such land will,at the discretion of the Secretary, 1)be paid to the Secretary
for deposit in the Trust Fund,or 2)be reinvested in an approved noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development purposes(other than noise compatibility),it will,when the land is no
longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal
to the United States'proportionate share of the fair market value of the land. That portion of the proceeds of such disposition
which is proportionate to the United States'share of the cost of acquisition of such land will,(a)upon application to the Secretary,
be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the
national airport system,or(b)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if(a)it may be needed for aeronautical
purposes(including runway protection zones)or serve as noise buffer land,and(b)the revenue from interim uses of such land
contributes to the financial self-sufficiency of the airport. Further,land purchased with a grant received by an airport operator or
owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,
and the land continues to be used for that purpose,such use having commenced no later than December 15, 1989.
C. Disposition of such land under(a)or(b)will be subject to the retention or reservation of any interest or right therein necessary to
ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction management,
planning studies,feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,mapping or related
services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX
of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the
sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or
service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved
by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated 711199
and included in this grant,and in accordance with applicable stale policies,standards,and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property,to the greatest extent practicable under State
law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and
reasonable relocation payments and assistance to displaced persons as required in Subpart D and E 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 Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable,intercity buses or other modes of
transportation to have access to the airport,however,it has no obligation to fund special facilities for intercity buses or for other modes of
transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race,color,national origin or sex in the award
and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.The
Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration
of DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT,is incorporated by
reference in this agreement.Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose
sanctions as provided for under Part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801).
Airport Assurances (9/99) V-7
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1/99
NUMBER TITLE
150/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26B, CHG 1 &2 Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D, CHG 1 Precision Approach Path Indicator(PAPI)Systems
150/5345-39B, CHG 1 FAA Specification L853, Runway and Taxiway Centerline Retroreflective
Markers
150/5345-42C, CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes
and Accessories
150/5345-43E Specification for Obstruction Lighting Equipment
150/5345-44F, CHG 1 Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L854, Radio Control Equipment
150/5345-50, CHG 1 Specification for Portable Runway Lights
150/5345-51, CHG 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators GVGI)
150/5345-53A, (including addendum) Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A Airport Signing& Graphics
150/5360-13, CHG 1 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C Op erational Safety on Airports During Construction
150/5370-10A Standards for Specifying Construction of Airports
CHG 1, 2, 3,4, 5,6,7,8, 9
150/5390-2A Heliport Design
150/5390-3 Vertiport Design
The following apply to AIP Proiects only
NUMBER TITLE
150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
150/5200-30A, CHG 1 &2 Airport Winter Safety and Operations
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Pro ects
150/5370-11. CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport
Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5370-613 Construction Progress and Inspection Report-Airport Grant Pr ram
The following apply to PFC Proiects only
NUMBER TITLE
150/5000-12 Announcement of Availability-Passenger Facility Charge(PFC)Application
FAA Form 5500-1
•
Airport Assurances (9/99) V-9
r
Certification for Contracts Grants Loans and Cooperative
AcTreements
The undersigned certifies, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure.of Lobby Activities, " in accordance with its
instructions.
(3) The undersigned shall require that the language of this
certification be included 'in the award documents for all
subawards at all tiers. (including subcontract, subgrants, and
contracts.:under grants, loans, and cooperative agreements)
An d that -all subrecipients' shall certify anddisclose
accordingly.
This, certification is a materiah representation of fact upon
which reliance was placed -when this.transaction was made or
"entered into.. Submission of this certification is a
prerequisite for,making or enterltlginto this transaction
:imposed by Section 1352, Title 31, ,U.S . Code. Any person who
fails to 'file the required certification shall be subject to
a'civil penalty of. not less than $10,,000 and not more than
$109,000 -for each such failure. -
..'signe
:d Dated 2 Z
SAnw's Auth6rlzed Representative
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of
the Department of Transportation (hereinafter, 'DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations) , which are herein incorporated
by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work
performed_ by it during the contract, shall not discriminate on the grounds
of race, color, or national origin in the selection and retention of subcon-
tractors, including procurements of materials and leases of equipment. The
contractor shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment. In all solicitations either by competitive bidding or nego-
tiation made by the contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the contractor of the con-
tractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin. _
4. Information and Reports. The contractor shall provide all informa-
tion and reports required by the Regulations or directives issued pursuant
thereto and shall permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the Sponsor or the
Federal Aviation Administration (FAA) to be pertinent to ascertain compliance
with such Regulations, orders, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails
or refuses to furnish this information, the contractor shall .so certify to
the sponsor or the FAA, as appropriate, and shall set forth what efforts it
has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract, the
sponsor shall impose such contract sanctions as it or the FAA may determine
to be appropriate, including, but not limited to—
Page 1
'�. a. Withholding of payments to the contractor under the contract
until the contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in
whole or in part.
6. Incorporation of Provisions. The contractor shall include the
provisions of paragraphs 1 through 5 in every subcontract, including pro-
curements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the sponsor or
the FAA may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request the Sponsor to enter
into such litigation to protect the interests of the sponsor and, in addition,
the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
Attachment 1, Page 2
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT NT 2
The following clauses shall be included in deeds, licenses, leases, permits,
or similar instruments entered into by City of Batesville
pursuant to the provisions of Assurances 6 (a) and 6 (b) .
1. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add
was a covenant running with the land") that in the event facilities
are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for
a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in cmpliance
with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as a
covenant running with the land") that: (1) no person on the grounds
of race, color, or national origin shall be excluded from par-
ticipation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee,
lessee, permitee,`etc.) shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be amended.
STANDARD DOT TITLE VI ASSURANCES
City of Batesville
(hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT) , it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all
requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the
end that no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement.
Without limiting the above general assurance, the Sponsor agrees concerning
Project No. 3-05-0004-07-02 (hereinafter referred to as the Project) that:
1. Each "program" and "facility" (as defined in Sections 21.23(e) and
21.23 (b) will be conducted or operated in compliance with all requirements of
the Regulations.
2. It will insert the following notification in all solicitations for bids
issued in connection with the Project and in adapted form in all proposals for
negotiated agreements:
City of Batesville in accordance with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, hereby notifies all bidders that it will
affirmatively assure that minority business enterprises are afforded
full opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
3. It will insert the clauses of Attachment 1 of this assurance in every
contract subject to the Act and the Regulations.
4. Where Federal financial adsistance is received to construct a facility,
or part of a facility, the assurance shall. extend to the entire facility and
facilities operated in connection therewith.
S. Where Federal financial assistance is in the form or for the acquisition
of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
6. It will include the appropriate clauses set forth in Attachment 2
of this assurance, as a covenant running with the land, in any future deeds,
1
Page 1
leases, permits, licenses, and similar agreements entered into by the Sponsor
With other parties: (a) for the subsequent transfer of real property acquired
or improved with Federal financial assistance under this Project and (b) for
the construction or use of or access to space on, over, or under real property
acquired or improved with Federal financial assistance under this Project.
7. This assurance obligates the Sponsor for the period during which
Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements
thereon, in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is .
extended, or for another purpose involving the provision of similar services
or benefits or (b) the period during which the Sponsor retains ownership or
possession of the property.
8. It will provide for such methods of administration for the program
as are found by the Secretary of Transportation or the official to whom he
delegates specific authority to give reasonable guarantee that it, other
sponsors, subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance.
9. It agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
Federal financial assistance for this Project and is binding on its contractors,
the sponsor, subcontractors, transferees, successors in interest and other
participants in the Project. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of the Sponsor.
DATED
City of Batesville, AR.
(Sponsor)
B
ignature of Author zed Official)
Joe M. Biard, Mayor
Attachments 1 and 2
Page 2