HomeMy WebLinkAbout2009-07-01-R i
RESOLUTION NUMBER 2009-07-01-R
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 GRANT
NUMBER 3-05-0004-009-2009
WHEREAS, Runway 8/26 and the Parallel Taxiway of the Batesville Regional
Airport is in need of rehabilitation; and
WHEREAS, this project will improve safety for the users of the airport and
prolong the pavement life and insure the markings are more visible; and
WHEREAS, the improved safety will allow the airport to continue its steady
growth and meet the needs of the flying public and the corporate entities utilizing
the airport.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Batesville, Arkansas, hereby authorizes the Mayor and City Attorney to accept
the grant offer from the Federal Aviation Administration under AIP project 3-05-
0004-009-2009 and further authorizes the Mayor and City Attorney to execute
any and all docurnents on behalf of the City of Batesville in connection with said
grant.
Resolved this 9th day of July, 2009.
X
MAYOR
ATTEST:
CITY CLERK
Q I
U.S. Department �
of
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Federal Aviation e�p ~="^*�«oa�m
Administration
GRANT AGREEMENT
PART| —OFFER
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Date ofOffer
Bak����UU� Regional Airport
Airport/PYenningAmm
3-�5-0QO4'OO9'2OO9
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Grant No.
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DUNS No.
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TO: City ofBatesville
(herein called the ^Sponsor")
FROM: The United States of America (acting through the Federal Aviation Adminishahon, herein called the"FAA")
WHEREAS, the Sponsor has submitted to the FAA o Project Application doted April 30' 2009. for a
grant of Federal funds for a project at or associated with the Batesville Regional Airport. which Project
App|icaUon, as approved by the FAA, is hereby iOCOrpO[Gt9d herein and made 8 part hereof; and
N NN
WHEREAS, the FAA has approved a project for Airport /or Planning Anao\ (herein called the
"Project"). '' ` ' `
^Pn4�c1 ) COOSi3Ung of the following:
Rehabilitate Runway 8/26 and PmmaUm| Taxiway
all as more particularly described in the Project Application.
NN
FAA Form n1oo-37(1O-89)-o1Oo-38C 1 of
=
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United
States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contained in said Project Application and its accep-
tance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the
public from the accomplishment of the Project and compliance with the assurances and conditions as
herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE
UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the
allowable costs incurred in accomplishing the Project, ninety-five (95) per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. The maximum obligation of the United States payable under this Offer shall be $196,905.00. For the
purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 47108(b) of the Act, the following amounts are being
specified for this purpose:
$196,905.00 for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to and in
accordance with the provisions of such regulations and procedures as the Secretary shall prescribe.
Final determination of the United States' share will be based upon the final audit of the total amount of
allowable project costs and settlement will be made for any upward or downward adjustments to the
Federal share of costs.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the
• terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to
comply with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the
Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the
project unless this offer has been accepted by the Sponsor on or before July 18, 2009, or such
subsequent date as may be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in
any project upon which Federal funds have been expended. For the purposes of this grant agreement,
the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally
paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary
as to any determination of the amount of the Federal share of such funds. It shall return the recovered
Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall
furnish to the Secretary, upon request, all documents and records pertaining to the determination of the
amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover
such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the
recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which
may arise from, or be incident to, compliance with this grant agreement.
FAA Form 5100-37(10-89)-5100-38C 2 of 7
9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements as required. It is
understood that failure to adhere to this provision may cause the letter of credit to be revoked.
%W. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if,
during the life of the project, the FAA determines that the maximum grant obligation of the United States
exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater,
the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising
of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project
costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the
overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the
increase. It is further understood and agreed that if, during the life of the project, the FAA determines
that a change in the grant description is advantageous and in the best interests of the United States, the
change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the
aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified
or the grant description is amended to the description specified.
11. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct
pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance
management program as is required by Airport Sponsor Assurance Number C-11. The Sponsor shall
use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal
financial assistance at the airport. As a minimum, the program must conform with the provisions outlined
below
Pavement Maintenance Management Program
An effective pavement maintenance management program is one that details the procedures to be
followed to assure that proper pavement maintenance, both preventive and repair, is performed. An
airport sponsor may use any form of inspection program it deems appropriate. The program must, as a
minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been
constructed, reconstructed, or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a
history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI)
survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for
Maintenance of Airport Pavements," the frequency of inspections may be extended to three
years.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month
to detect unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years. The types
of distress, their locations, and remedial action, scheduled or performed, must be documented.
FAA Form 5100-37(10-89)-5100-38C 3 of 7
The minimum information to be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems
appropriate, so long as the information and records produced by the pavement survey can be
retrieved to provide a report to the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance
of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements
and establishing an effective maintenance program. Specific types of distress, their probable
causes, inspection guidelines, and recommended methods of repair are presented.
12. BUY AMERICAN REQUIREMENT: 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.
13. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty,
if you or a subrecipient that is a private entity–
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a.1 of this award term through conduct
that is either—
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part 180,
"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private
entity--
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term;
or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.1 of this award term
through conduct that is either--
FAA Form 5100-37(10-89)-5100-38C 4 of 7
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 49 CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward
you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of
the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in-kind contribution toward cost sharing or
matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public
entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the definition of Indian tribe
at 2 CFR 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
14. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section
47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition
No. 1 of this Grant Offer:
a. may not be increased for a planning project;
b. may be increased by not more than 15 percent for development projects;
c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the
total increase in allowable costs attributable to the acquisition of land or interests in land,
whichever is greater, based on current credible appraisals or a court award in a condemnation
proceeding.
FAA Form 5100-37(10-89)-5100-38C 5 of 7
J
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to
the accomplishment of the Project and compliance with the assurances and conditions as provided
herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Sign pture)
Edward N.JAgnew
..............._..__.......---............ ---......-........-_......_..._........
(Typed Name)
Manager, Arkansas/Oklahoma Airports
Development Office
........................_............................................................_................................................_....................._
(Title)
FAA Form 5100-37(10-89)-5100-38C 6 of 7
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 9th day of July 2009.
City of Batesville
......
(Name of Sponsor)
LJ, _,( �-
(SEAL) (Signature of Sponsor's Designated Official
Representative)
By: Rick Elumbaugh._.
....._ ......... ...............
(Typed Name of Sponsor's Designated Official
Representative)
I. Title: Mayor
............ .
Attest: .fi�'�tr� �:` -� (Typed Title of Sponsor's Designated Official
Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
Scott Stalker , acting as Attorney for the Sponsor do hereby certify:
(4W That_in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement.under the
laws of the State of Arkansas. Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State and
the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor,
there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my
opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in
accordancewith the terms thereof.
Dated at e4-N lI this 9th day of July 2009.
��"(Signature of Sponsor's
L
FAA Form 5100-37(10-89)-5100-38C 7 of 7
(Certified Current 5110/07)
APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier
FEDERAL ASSISTANCE 4/29/2009
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier
Application Preapplication 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
Construction ❑ Construction 3-05-0004-009-2009
Non-Construction ❑ Non-Construction
-Jr APPLICANT INFORMATION
Legal Name: Organizational Unit:
City of Batesville Department: Airport Commission
Organizational DUNS: 075 627 468 Division:
Address: Name and telephone number of person to be contacted on
Street: 500 East Main matters involving this application(give area code)
Prefix: Mrs. First Name: Mary
City: Batesville Middle Name:
County: Independence Last Name: Amos
State: Arkansas Zip Code: 72501 Suffix:
Country: United States Email:
6.EMPLOYER IDENTIFICATION NUMBER Elly: Phone number(give area code): FAX number(give area code):
7 1 - 0 5 1 2 4 0 3 870-251-1244 870-251-3379
8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types)
® New ❑ Continuation ❑ Revision
Other(specify) Municipal
If Revision,enter appropriate letter(s)in box(es): —
(See back of form for description of letters) ❑ 9. NAME OF FEDERAL AGENCY
Federal Aviation Administration
Other(specify)
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER Seal and Remark R/W 8-26 & Parallel Taxi:":ay:
2 0 - 1 0 6
TITLE: Airport Improvement Program
12. AREAS AFFECTED BY PROJECT(cities,counties,states,etc.):
Batesville, Indepence County, AR
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF
Start Date Ending Date a. Applicant b. Project
May 09 May 10 1st I 1st
15.ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE
EXECUTIVE ORDER 12372 PROCESS
a. Federal $ 196905 a.Yes. ® THIS PREAPPLICATION/APPLICATION WAS MADE
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
b. Applicant $ 10363 PROCESS FOR REVIEW ON
c. State $ uu DATE: 4/30/2009
d. Local $ Uu b.No. ❑ PROGRAM IS NOT COVERED BY E.O.12372
e. Other $ ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR
REVIEW
f. gram income $ uu
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
9 $ 207268 ❑Yes If"Yes"attach an explanation ® No
1` ;EST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE
D:CUMENI HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
;-17AC€ED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. Authorized Representative
Prefix First Name Rick Middle Name
Last Name Eiumbau h Suffix
b.Title Mayor c.Telephone number(give area code)
870-698-2400
C natu o1 thod d Representative e.Date Signed = lIF �-
Previous Editions NbMsable Standard Form 424 (Rev.9-2003)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
U-.S.DEPARTMENT OF TRANSPORTATIOI4-fEDEh..AVIATION ADMINISTRATION OMB NO. 4-M615
11/30/2007
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1. Name of Governing Body:
Does this assistance request require State, local, regional,
or other priority rating? Priority:
Yes Ox No
Item 2. Name of Agency or Board:
Does this assistance request require State, or local (Attach Documentation)
advisory, educational or health clearances?
Yes Ox No
Item 3. (Attach Comments)
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
Fx Yes F—] No
Item 4. Name of Approving Agency: White River Planning &
Does this assistance request require State, local, Development District
regional or other planning approval?
�x Yes No Date:
Item 5. Check one: State
Is the proposal project covered by an approved Local x
comprehensive plan? Regional
�x Yes E] No Location of Plan: City Hall
Item 6. Name of Federal Installation:
Will the assistance requested serve a Federal Federal Population benefiting from Project:
installation?
❑ Yes Qx No
Item 7. Name of Federal Installation:
Will the assistance requested be on Federal land Location of Federal Land:
or installation?
Yes ❑x No Percent of Project:
Item 8. See instruction for additional information to be
Will the assistance requested have an impact or effect on provided
the environment?
Yes ❑x No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals:
individuals, families, businesses, or farms? Families:
0 Yes Fx No Businesses:
Farms:
Item 10. See instructions for additional information to be
� there other related Federal assistance on this rovided.
,oject previous, pending, or anti ci ted? p
naYes � No
FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-1 (9-03) Page 2
— U.S.DEPARTMENT-OF TRANSPORTATION -FEDERA,STI- N ADMINISTRATION OMB No.2120-0569
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
..1.Compatible Land Use. -The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the
vicinity of the airport:
Height Restriction Ordinance
2. Defaults.-The Sponsor is not in default on any obligation to the United States or any agency of the United States Government
relative to the development, operation, or maintenance of any airport, except as stated herewith:
N/A
3. Possible Disabilities. -There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
N/A
4.Consistency with Local Plans.—The project is reasonably consistent with plans existing at the time of submission of this
,ipplication)of public agencies that are authorized by the State in which the project is located to plan for the development of the area
.irrounding the airport.
The City holds fee simple title to the lands involved in the project.
5.Consideration of Local Interest- It has given fair consideration to the interest of communities in or near where the project may be
located.
N/A
6.Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it
has undertaken reasonable consultations with affected parties using the airport which project is proposed.
7. 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.
8. 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 and 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.
FAA Form 5100-100 (9-03)SUPERSEDES FAA FORM 5100-100(6-73) Page 3a
--—lJ�bEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569
PART II - SECTION C (Continued)
9. Exclusive Rights—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or
;ontrolled by the Sponsor except as follows:
10. Land.—(a)The sponsor holds the following property interest in the following areas of land'which are to be developed or used as
part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas
are identified on the aforementioned property map designated as Exhibit"A":
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interests.
(b)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the
Droject,the following property interest in the following areas of land"on which such construction work is to be performed, all of which
reas are identified,on the aforementioned property map designated as Exhibit"A":
(c)The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under
the Project,the following property interest in the following areas of land'which are to be developed or used as part of or in connection
with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map
designated as Exhibit"A"
'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (9-03)SUPERSEDES FAA FORM 5100-100(4-76) Page 3b
U.S.DEPARTMENT OF TRANSPORTATION -FEDE. WIATION ADMINISTRATION OMB NO.2120-0569
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A- GENERAL
. Federal Domestic Assistance Catalog No. ............................... 20.106
2. Functional or Other Breakout....................................................Airport Improvement Program
SECTION B -CALCULATION OF FEDERAL GRANT
Use only for revisions
Total
Cost Classification
Latest Approved Adjustment Amount
Amount +or() Required
1. Administration expense $ $ 3500.00
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees 24972.00
5. Other Architectural engineering fees 6000.00
6. Project inspection fees 7200.00
7. Land development
8. Relocation Expenses
14. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement 165596.00
12, Equipment
13. Miscellaneous
14. Total (Lines 1 through 13) 207268.00
15. Estimated Income(if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt.(Excluding Rehabilitation Grants) 207268.00
20. Federal Share requested of Line 19 196905.00
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20&21)
23. Grantee share 10363.00
24. Other shares
Total Project (Lines 22, 23&24) $ $ 207268.00
AA Form 5100-100 (9-03)SUPERSEDES FAA FORM 5100-100(6-73) Page 4
U.S.DEPARTMENT OF TRANSPORTATION -FEDE NIATION ADMINISTRATION OMB NO.2120-0569
SECTION C- EXCLUSIONS
Ineligible for Excluded From
Classification Participation Contingency Provision
1 2
a. $ $
b.
C.
d.
e.
f.
9. Totals $ $
SECTION D- PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share $
a. Securities
b. Mortgages
C. Appropriations B Applicant) 10363.00
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h.TOTAL - Grantee share
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL $ 10363.00
SECTION E- REMARKS
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (9-03)SUPERSEDES FAA FORM 5100-100(6-73) Page 5
— -- -- -PART-Pi---
PROGRAM
PART- —PROGRAM NARRATIVE
(Suggested Format)
_)EPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569
PROJECT :Seal and Remark R/W 8-26 & Parallel Taxiway
AIRPORT :Batesville Regional Airport
1. Objective:
The objective of this phase is to prolong the life of the pavement structure and promote safety. Recent reviews
of the Runway Magnetic orientation determined that the Runway Designation should change from R/W 7-25 to
R/W 8-26. The sealing and remarking will allow this change at the same time. The pavement structure is in need
of a seal coat in order to stop the deterioration that the environment is causing. The seal coat will delay the need
for an overlay. The remarking will allow the Designation change in a timely manner.
2. Benefits Anticipated:
The proposed improvements will greatly improve the SAFETY and efficiency of the operation of the airport. The
proposed seal and remarking of R/W 7-25 and Parallel Taxiway will allow the airport to continue its steady
growth of based aircraft, by maintianing the primary R/W in top condition. Benefits include prolonging the
pavement structure life and insuring the markings are more visable by using a coal tar sealer/rejuvinator which
will hold its black color longer than the P-401 Asphalt surface course. This improved safety will allow the airport
to continue its steady growth and meet the needs of the flying public, as well as the corporate entities.
3. Approach : (See approved Scope of Work in Final Application)
These improvements will be accomplished by sealing the cracks in the pavement, by applying a coal tar
sealer/rejuvenator and by remarking the pavement surface on the Runway and Parallel Taxiway. The sealer will
e in compliance with EB-44. Crack sealing wills top the penetration of moisture in to the base in order to
,,reserve the pavement structure. The coal tar sealer/rejuvenator will prevent further oxidation of the pavement
surface and will hold its black color so that the marking will be more visible, longer.
4. Geographic Location:
Batesville is located in the foothills of the Ozarks. The airport elevation is 464' mean sea level with several hills
in the region exceeding this. Batesville is the largest airport in the region and is surrounded by Newport, Searcy,
Heber Springs, Mountain View, and Melbourne, all of which are 25 plus miles apart.
5. If Applicable, Provide Additional Information:
6. Sponsor's Representative: (include address& telephone number)
Miller-Newell Engineers Inc.
P.O. Box 705
Newport, AR 72112
-0-523-6531
FAA Form 5100-100 (9-03)SUPERSEDES FAA FORM 5100-100 (6-73) Page 6
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 this grant 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 clauses of Attachment 1 of this assurance in every contract subject to the Act
and the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an
interest in real property, the assurance shall extend to rights to space on, over, or under such
property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a
covenant running with the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal
financial assistance under this Project; and
(b) for the construction or use of or access to space on, over, or under real property
acquired or improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures or
improvements thereon, in which case the assurance obligates the sponsor or any transferee for
the longer of the following periods.
(a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits, or
(b) the period during which the sponsor retains ownership or possession of the property.
7. It will provide for such methods of administration for the program as are found by the
Secretary of Transportation 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 or Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the Act, the Regulations,
and this assurance.
8. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal
financial assistance for this Project and is binding on its contractors, the sponsor,
subcontractors, transferees, successors in interest and other participants in the Project. The
person or persons whose signatures appear below are authorized to sign this assurance on
behalf of the Sponsor.
DATED s3�
City of Batesville
(Sponsor)
By
Xi
(Signature of--Authorized Official)
Rick Elumbaugh, Mayor
CONTRACTOR CONTRACTUAL REOUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly 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 negotiation 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 contractor's obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Sponsor or the
Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a 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:
a. Withholding of payments to the contractor under the contract until the contractor complies,
and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Regulations or directives issued Pursuant thereto. The contractor shall take such action
with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result
of such direction, the contractor may request the Sponsor to enter into such litigation to protect the
interests of the sponsor and, in addition, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR
INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered
into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b).
1. The (grantee, licensee, 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 "as a covenant running with the land") that in
the event facilities are constructed, maintained, or otherwise operated on the said property described in
this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or
for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee,
permitee, etc.) shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, 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 participation in, denied
the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land and the furnishing of services thereon, no
person on the grounds of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, 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.
REQUIRED STATEMENTS
AIRPORT IMPROVEMENT PROGRAM PROJECTS
.AIRPORT: Batesville Regional
LOCATION: Batesville, AR
AIP PROJECT NO.: 3-05-0004-009-2009
STATEMENTS APPLICABLE TO THIS PROJECT
® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to
the interest of communities that are near (Exact name of airport)Batesville Regional.
® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a
public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local
jurisdiction.
❑ c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the
Fixed Base Operator(s) utilizing (Exact name of airport) , and they have been informed regarding the
scope and nature of this project.
® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the
airport.
The above statements have been duly considered and are applicable to this project. (Provide comment for any
statement not checked).
BY: �� ' _. --SATE: _3
c ------------
TITLE: Mayor
i
l
SPONSORING AGENCY: City of Batesville
NOTE: Where opposition is stated to an airport development project,whether expressly or by proposed revision,the following
specific information concerning the opposition to the project must be furnished.
a. Identification of the Federal, state,or local governmental agency, or the person or persons opposing the project;
b. The nature and basis of opposition;
C. Sponsor's plan to accommodate or otherwise satisfy the opposition;
d. Whether an opportunity for a hearing was afforded,and if a hearing was held,an analysis of the facts developed at the hearing as
they relate to the social, economic,and environmental aspects of the proposed project and its consistency with the goals and
objectives of such urban planning as has been carried out by the community.
e. If the opponents proposed any alternatives,what these alternatives were and the reason for nonacceptance;
f. Sponsor's plans, if any,to minimize any adverse effects of the project;
g. Benefits to be gained by the proposed development; and
h. Any other pertinent information which would be of assistance in determining whether to proceed with the project.
PART V
(W 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 life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less than ten(10)years horn 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 rernain 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 seg.1
c. Federal Fair Labor Standards Act-29 U.S.C.201,et seq.
d. Hatch Act-5 U.S.C. 1501,et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,et seg.1 2
f. National Historic Preservation Act of 1966-Section 106-16 U.S.C.470(f).1
g. Archeological and Historic Preservation Act of 1974-16 U.S.C.469 through 469c.1
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et seq.
i. Clean Air Act,P.L.90-148,as amended.
j. Coastal Zone Management Act,P.L.93-205,as amended.
k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C.4012a.1
I. Title 49,U.S.C.,Section 303,(formerly known as Section 4(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 seq.
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 seg.1
t. Copeland Antikickback Act-18 U.S.C.874.1
u. National Environmental Policy Act of 1969-42 U.S.C.4321,et seg.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 seg.2
X. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Airport Assurances(3/2005) V-1
l
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 that 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.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49,United States Code,it has
(W
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.
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 (3/2005) V-3
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 terminate 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,taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for
which a 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.
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
,c 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.
Airport Assurances (3/2005) V-5
Secretary,including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property
previously purchased by the airport as part of a noise compatibility program.
b. 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.
c. 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.
d. Disposition of such land under(a),(b),or(c)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 and safety 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 7/1/05
and included in this grant,and in accordance with applicable state policies,standards,and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property,to the greatest extent practicable under State
law,by the land acquisition policies in Subpart B 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).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the
airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term
lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable
to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air
carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to
the Secretary that:
1. Describes the requests
2. Provides an explanation as to why the requests could not be accommodated;and
3. Provides a time frame within which,if any,the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the
request(s)in the six month period prior to the applicable due date.
Airport Assurances (3/2005) V
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated om 7/1/05
150/5345-50 and Chane 1 Specification for Portable Runway Lights
150/5345-51 and Change 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslooe Indicators(GVGI)
150/5345-53B Airport Liqhtinq Equipment Certification Program
150/5345-54A and Chane 1 Specification for L-1884 Power and Control Unit for Land and Hold Short
150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-11 Energy Conservation for Airport Buildings
150/5360-12D Airport Signing&Graphics _
150/5360-13 and Chane 1 Plannino and Desian Guidance for Airport Terminal Facilities
150/5370-2E Operational Safety on Airports During Construction
150/5370-106 Standards for Specifying Construction of Airports
150/5370-13 OH-peak Construction of Airport Pavements Usino Hot-Mix Asphalt
150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements
15015380-7 Pavement Management System
150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements
150/5390-2B Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
150/5200-30 Airport Winter Safety and Operations
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
15015300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Pioiecls
150/5370-6 Construction Progress and Inspection Report-Airport Grant Program
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
NUMBER TITLE(W
15015100-14C Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects
150/5100-15A Civil Rights Requirements For The Airport Improvement Program
150/5100-17 and Changes 1 through 4 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects
150/5190-5 and Change 1 Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities
15015200-30A and Changes 1 through 8 Airport Winter Safety and Operations
150/5200-33A Hazardous Wildlife Attractants on or Near Airports
150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Airfield Pavement Surface Evaluation and Rating(PASER)Manuals
15015360-11 Energy Conservation for Airport Buildings
150/5370-68 Construction Progress and Inspection Report—Airport Grant Program
150/5370-11A Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5370-13 Off-peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7 Pavement Management System
15015380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
NUMBER - TITLE
150/5000-12 Announcement of Availability—Passenger Facility Charge(PFC)Application(FAA Form 5500-1)
Airport Assurances (3/2005) V-9