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HomeMy WebLinkAboutAirport Grants FY2014Deval L. Patrick, Governor Richard A. Davey, Secretary & CEO Christopher J. Wlllenborg, Administrator '�Q-ti84-QQS-05�-tooto ,677Inc7SSOT ALAMassachusetts Department at Transportation Aemnautics Division April 14, 2014 Mr. Howard R. Fiske, Chairperson Mansfield Airport Commission Mansfield Municipal Airport 6 Park Row Mansfield, MA 02080 Re: MassDOT Aeronautics Division Grant Award Notification Mansfield Municipal Airport Dear Mr. Fiske, The Massachusetts Department of Transportation iMassDOTi, Aeronautics Division is pleased to inform you that a state grant has been awarded to your airport for the following project: Airport: Mansfield Municipa/Airport Date of Award: April 14, 2014 Project Name: PurchaseZ-TRAKMower Project Number: ASMP-2014-/B9-17 Grant Number: 1B9ZTRAK GrantAmount: $6,337,60 ` Grant Expiration Date: June 30, 20/4 A standard contract and airport grant assurances will be provided under separate cover. Please sign/date the STANDARD CONTRACTform as soon as possible and send back to MassDOT. If you have any questions concerning this matter, please call me at (b 17) 412-3678, Sincerely, Thomas F. Mahoney, P Director of Airport En I ring cc: File L.`Andrews, Mansfield Airport Commission R. Welch, Airport Manger u:\airport;:projects\Ib9-.mansfield\asmp2014-Ib9-17ztrakmower\contract_grantdocuments-grant assurances\grant award Itr 04142014.doc Logan Office Center, One Harborside Drive, Suite 205N East Boston, MA 02128 Tel: 617-412-3680, TOD: 617-973-7306 Leading the Nation in Transportation Excellence www.mass.gov/massdot /1F0 33- U.S Department New England Region 12 New England Execute Park of Transportation au ngtoR Massachusetts oleos Federal Aviation Administration GRANT AGREEMENT Part 1 - Offer Date of Offer: SEP 16 2013 Mansfield Municipal Airport .Project No.: 3-25-0028-029- 0,14z -DUNS No.: '09-941-9954. TO: Town of Mansfield, Massachusetts (herein called the "Sponsor") FROM: The United States of America (acting through the. Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 21, 2013, for a grant of Federal funds for a project at or associated with the Mansfield. Municipal Airport which :Project Application, as approved by the .FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Obstruction Removal - Phase II :(permits/easments), all as more particularly shown in the project application. FAA Form 5100-37 (10-89) Page 1 I4OW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the 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, 90 percent of such costs. The 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 $198,450.00. 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 Title 49 U.S.C., the following amounts are being specified for this purpose. $00.00 for planning $198,450.00 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 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 carryout 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 September 23,:2013, 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. FAA Form 5100-37 (10-89) Page 2 $. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. 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. 10. Central Contractor Registration ana Universal iaenLixier nwu��n«c•��• A. Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or. receive the final payment, whichever. is. later. This requires that you review and update the information at least annually afterthe initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS)Numbers If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipientsthat noentity .:(see definition in paragraph C.of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions. For purposes of this award term: 1. Central Contractor Registration (CCR means the Federal repository into which an entity. must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http://www.ocr.gov). 2. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by. Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities.A DUNS number may be obtained from D&B by telephone (currently 866-705 5711) or the Internet (currently at - http://fedgov.dnb.com/webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity;. c. A domestic or foreign nonprofit organization; d. A domestic or foreign for -profit. organization; and '.. e. A Federal agency, but only as asubrecipient under an award or subaward to a non Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to ;an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133,"Audits of States., Local Governments, and Non -Profit Organizations"). A subaward may be provided through ,any legal agreement, including an agreement :that you consider acontract. 5. Subrecipient means an entity that:; a. Receives a subaward from you under this 'award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 11. 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 FAA Form 5100-37 (10-89) Page 3 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. 12. In accordance with Section 47108(b) of the .Act, as amended, the maximum obligation of the United States, as stated in Condition No. .I 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 for land projects. 13. ELECTRONIC GRANT PAYMENT(S): The :requirements set... forth in these terms and conditions supersede previous financial invoicing requirements for FAA grantees. :Each paymentrequest under this grant agreement must be made electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. The following are the procedures for accessing and utilizing the Delphi eInvoicing System. a. Grant Recipient Requirements. (1) Grantees must have Internet access to register and submit payment requests through the Delphi eInvoicing system unless, under limited circumstances, a waiver is granted by the FAA and DOT under sectionl(c) below. (2) Grantees must submit payment :requests electronically and the FAA will process payment requests electronically.. b. System User Access. (1) Grantees must contact .the FAA Airports District/Regional Office and officially submit a written request to sign up for the system. The FAA Office of Airports will provide the grantee's name, email address and telephone number to the DOT Financial Management Office. The DOT will then invite the grantee via email to sign up for the system and require the grantee to complete two forms. .The grantee will complete a web based DOT registration form and download the Proof of Identification form to verify the grantee's identity. (2) The grantee must complete the Proof of Identification form, and present it to a Notary Public for verification.. The grantee will .return the notarized form to: DOT Enterprise Services Center FAA Accounts Payable, :AMZ-100 PO Box 25710 Oklahoma City, OK 73125 (3) The :DOT will validate the both forms and email a user ID and password to the grantee. Grantees should contact the FAA AirportsDistrict/Regional Office with any changesto their system information. Note; Additional information, including access forms and training materials, can be found on the DOT eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicinq-system.html). c. Waivers. DOT Financial Management officials may, on a case by case basis, waive the requirement to register and use the electronic grant payment system based on user requests and concurrence of the :FAA. Waiver request forms can be obtained on the DOT eInvoicing: website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the FAA.` Airports District/Regional office.Recipients must explain why they are unable 'to use or access the Internet to register :and enter payment requests. (1) All waiver requests should be sent to the FAA Airports District/Regional Office for concurrence, prior to sending to the Director of the :Office of Financial Management, US Department of Transportation, office. of Financial Management, B-30, room W93-431, 1200 New Jersey Avenue SE, Washington DC 20590-0001, DOTElectroniclnvoicing@dot.gov. The Director of the DOT office of Financial Management will confirm or deny the request within approximately 30 days. FAA Form 5100-37 (10-89) Page 4 (2) If a grantee is granted a waiver, the grantee should submit all hard -copy invoices directly to: DOT/FAA PO Box 25082 AMZ-110 Oklahoma City, OK 73125 14. The FAA, in tendering this offer on behalf of the United States, recognizes the existence of an agency relationship between the Town of Mansfield, Massachusetts, as principal, and the Massachusetts Aeronautics Commission, as agent, created by an Agreement of Agency dated February 20, 1974, which is incorporated herein by reference and made a part hereof. It is understood and agreed said Agreement of Agency will not be amended, modified or terminated without the prior written approval of the FAA. 15. UPDATE APPROVED EXHIBIT"A" FOR LAND IN PROJECT; It is understood and agreed by and between the parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon the basis of the current Exhibit "A" Property .Map, the ::Sponsor hereby covenants and agrees that upon completion of the. land acquisition in this ..project, 'it will update said Exhibit "A" Property Map to standards satisfactory to the Federal Aviation Administration (FAA) and submit said documentation in final 'form to the :FAA. It is further mutually agreed that the reasonable cost of developing said :Exhibit "A" Property Map. is an eligible administrative cost for participation within the scope ,of this project. It is also understood and agreed by and between the parties hereto that an updated Exhibit "A" Property Map is required with final payment reimbursement submission request. 16. It is understood and agreed that title/easement evidence satisfactory to the FAA will be submitted to the FAA prior to payment under this grant agreement. FAA Form 5100-37 (10-89) Page 5 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 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 be effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION , �4 Title: Ma ager, PFYrports Division, ,A`n� New England Region Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and 'does hereby accept this offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this / day of September, 2013. `Town of Mansfield, Massachusetts Signature of Sponsor's Designated Official .Representative . (SEAL) r/ v W/o -n,�, 2 p, s /4e, Printed/Typed Name of Sponsor's Designated Official Representative C1 y,,l C Printed/Typed Title of Sponsor's Designated Official Representative Attest: Oa � WS, Wa 2-1�1 Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, )�po,,>F acting as 'Attorney for the Sponsor do hereby certify: (A torntorn`e�'s ame rinted) That in my opinion .the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the Commonwealth of Massachusetts. 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 legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at ��o ; 7-UA% /Vhthis day of S tember, 2013. J) I l/ l� >nsor•s RtLorney FAA Form 5100-37 (10-89) Page 6 Expiration Date: 03/31/2012 Application for Federal Assistance SF-424 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s): ❑ Preapplication ® New ® Application ❑ Continuation *Other (Specify) ❑ Changed/Corrected Application ❑ Revision *3. Date Receive 001� 4. Applicant Identifier: 13G 6 1B9 5a. Federal Entity Identifier: *5b. Federal Award Identifier: 1 B9 3-25-0018-XX-2013 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: Mansfield Municipal Airport *b. Employer raxpayer Identification Number (EIN/rIN): *c. Organizational DUNS: 04.6001209 099419954 d. Address: *Street 1: 265 Fruit Street Street 2: *City: Mansfield County: Bristol *State: MA Province: *Country: USA *Zip / Postal Code 02048 e. Organizational Unit: Town of Mansfield Department Name: Division Name: Airport Commission f. Name and contact information of person to be contacted on matters Involving this application: Prefix: Mr. *First Name: Howard Middle Name: *Last Name: Fiske Suffix: Title: Chairman Organizational Affiliation: Mansfield Municipal Airport *Telephone Number: (508) 339-3624 Fax Number: (508) 337-8068 *Email: airport@mansfieldma.com Expira0on Date: 03131/2012 Application for Federal Assistance SF-424 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program U. Funding Opportunity Number: Title: 13, Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Town of Mansfield, Bristol County, Massachusetts *16. Descriptive Title of Applicant's Project: Phase ii Avigalion Easement Acquisitions and Permitting Attach supporting documents as specified in agency instructions. OMB Number: 4040-0004 Application for Federal Assistance SF424 16, Congressional Districts Of; *a. Applicant: 4th *b. Program/Project: 4th Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: *a. Start Date: August 2013 *b, End Date: June 2014 18. Estimated Funding ($): 220,600.00 *a. Federal 198,450.00 *b. Applicant 5,512.50 *c. State 16,537.50 *d. Local *e. Other *f. Program Income *g. TOTAL 220,500.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the Slate under the Executive Order 12372 Process for review on September 15, 2010, ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® a Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes ® No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name:Howard Middle Name: *Last Name: Fiske Suffix: *Title: Chairman, Mansfield Airport Commission *Telephone Number:: (508) 339-3624 Fax Number::(508) 337-8068 * Email: airport@mansfieldma.com *Signature of Authorized Representative: A *Date Signed: Expiration Date: 03/31/2012 Application for Federal Assistance SF-424 *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. NA DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. 1 Name of Governing Body Does this assistance request require State, Priority local, regional, or other priority rating? ❑ Yes © No OMB NO.2120-0569 1 V 3=007 Item 2. Name of Agency or Board Does this assistance request require State, local (Attach Documentation) advisory, educational or health clearances? ❑Yes 91 No Item 3. (Attach Comments) Does this assistance request require clearinghouse review In accordance with OMB Circular A-95? [:]Yes © No Item 4. Name of Approving Agency Does this assistance request require State, local, regional, or other planning approval? Date / / Dyes El Item 5. Check One: State Is the proposed project covered by an approved Local ❑ Regional ❑ comprehensive plan? ©Yes ❑ No Location of plan MassDOT/AD & FAA/CIP Item 6. Name of Federal installation Will the assistance requested serve a Federal Population benefiting from Project Federal installation? ❑Yes © No Item 7. Name of Federal Installation Will the assistance requested be on Federal land Location of Federal Land or installation? percent of Project ❑Yes R) No Item 8. See instructions for additional information to be Wilt the assistance requested have an Impact provided. or effect on the environment? ❑Yes ❑X No Item 9. Number of: Will the assistance requested cause the displacement Individuals of individuals, families, businesses, or farms? Families l Businesses []Yes 91 NO Farms Item 10. See instructions for additional information to be provided. Is there other related Federal assistance on this project previous, pending, or anticipated? []Yes ❑K No FAA Form 5100.100 (043) SUPERSEDES FAA FORM 5100.100 (9-03) Page 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB 140. 212"569 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: The purpose of this project is to acquire avigation easements on properties adjacent to the Airport. This will, in part, assure that future use of the adjacent properties is compatible with Airport operations. The Airport reviews compatible land use and any required acquisitions as part of a periodic Airport Master Plan Update, 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: NONE. 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: NONE. 4. 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. YES. 5. Consideration of Local Interest. — It has given fair consideration to the interest of communities in or near where the project may be located. YES. 6. 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. YES. 7. Public Hearings. —1n 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. N/A 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. N/A FAA Forth 51MA W (9-03) SUPERSEDES FAA FORM 51WO (6-73) Page 3a DEPARTMENT 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 controlled by the Sponsor except as follows: NONE. 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 K: The Town owns fee title to all of the land currently shown on 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 Project, the following property Interest in the following areas of land* on which such construction work Is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Under this project, the Town seeks to acquire avigation easements on adjacent properties, for the purpose of protecting the Runway 22 approach surface. Additionally, this project will seek permits necessary to remove obstructions from the airports approach surfaces. (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": NONE. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100.100 (9-03) SUPERSEDES FAA FORM 5100-100(4-76) Page 31, DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. WU569 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A- GENERAL 1. Federal Domestic Assistance Catalog No. 2. Functional or Other Breakout SECTION B - CALCULATION OF FEDERAL GRANT COST CLASSIFICATION Use only for revisions Total Amount Required Latest Approved amount A d j Adjustment + or (-) 1. Administration expense $ $ $ 5,000.00 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 215,500.00 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation expenses 9. Relocation payments to Individuals and businesses 10. Demolition and removal 11. Construction and project Improvement 12. Equipment 13. Miscellaneous 14, Total (Lines 1 through 13) 220,500.00 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) 220,500.00 20. Federal Share requested of Line 19 198,450.00 21. Add Rehabilitation Grants Requested (too percent) 22. Total Federal grant requested (Lines 20 & 21) 198,450.00 23. Grantee share 5,512.50 24. Other shares 16,637.50 25. Total project (Lines 22, 23, & 24) $ $ $220,500.00 00- FAA Form 5100.700 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 4 nFPARTMFNT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMe NO.2120-0560 SECTION C - EXCLUSIONS 26. Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. $ b. C. d. e. I. g, Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 5,512.50 a. Securities b. Mortgages C. Appropriations (By Applicant) d. Bonds e. Tax Levies I. Non Cash g. Other (Explain) h. Total — Grantee Share 5,612.50 28. Other. Shares a. State 16,537.50 - b. Other C. Total Other Shares 16,537.50 29, TOTAL $ 22,050.00 SECTION E - REMARKS PART IV -PROGRAM NARRATIVE (ATTACH— SEE INsTRucTioas) FAA Form 5100-100 (M3) SUPERSEDES FAA FORM 6100-100 (6-73) [?T:TM PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PROJECT: Phase II Easement Acquisitions and Permitting AIRPORT: Mansfield Municipal Airport 1. Objective: See attached Part IV Narrative. 2. Benefits Anticipated: Increased levels of safety due to obstruction removal from the Airports protected surfaces, compliance with FAA standards. 3. Approach: (See approved scope of Work In MatApplication) 4. Geographic Location: The Mansfield Municipal Airport is located at 265 Fruit Street, Mansfield, MA. The area to be served by this proposed projet will occur on an off -airport properpty, adjacent to the airport (see attached map), 6. If Applicable, Provide Additional Information: 6: Sponsor's Representative: (Ind. address & tef. no.) Gale Associates, Inc. 15 Constitution Drive Bedford, NH 03110 FAA Fmm 6100AW (303) SUPERSEDES FAA FORM 6100400 (6-73) PAGE 6 Part IV — Program Narrative Application for AIP/ASMP Grant Phase II Easement Acquisition and Permitting AIP No. 3-25-0028-XX-2013 Mansfield Municipal Airport Mansfield, Massachusetts August 15, 2013 Page 1 of 3 Proiect Descrintion In 2010 the Airport filed an updated Airport Master Plan (AMPU) and Airport Layout Plan (ALP) with the Federal Aviation Administration (FAA) and MassDOT/AD (Aeronautics). Among other things, the ALP indicated that Runway 32, Runway 14 and Runway 22 were encumbered by vegetative obstructions that threaten to further displace each runway threshold. No obstructions were identified in the Runway 04 approach. In response, the Airport met with FAA and Aeronautics officials to discuss the situation. It was agreed that the Airport should begin planning to acquire permits necessary to r clear vegetative obstructions from the Airport's approach surface and continue seeking to acquire aigation easements from properties adjacent to the Airport containing obstructions.' This project is a Phase II aigation easement acquisition project and permitting project to acquire avigation easements over parcels in the Runway 22 ;approach adjacent to the Airport, and seek to acquire permits necessary to clearing obstructions on and off -airport property where easements/agreements have been obtained. Acquisition of all easements necessary to clear obstructions is a multi -phased effort to occur over the next few years. This project will require appraisal efforts necessary to compile existing and available record information, survey work to accurately depict easement areas, and legal services necessary to review, negotiate and interpret legal matters and closings. Additionally, this project will require permitting efforts to apply for an Order of Conditions and Town Agreements with the Town of Mansfield to clear obstructions from selected parcels, and archaeological services to perform reconnaissance surveys. Project Schedule Project Seeping Meeting .......: .......'.1.... ....:.................................................. [Aug] [2013] Submit FAA Grant Application ............. .. ............ ........ ................. [Aug] [2013]; Submit Aeronautics Grant Application ........ .......... ........ .................. [Aug] [2013] Project Start ......... .. ... ` ....... ...... .. ............... [Sept] [2013] Meetings with Mansfield Officials ...... ........... .......... ..... `. .................. [Sept] [2013] Meetings with Mansfield Conservation Commission............ ........ [Oct] [2013] Pre -Acquisition Meeting with Property Owners ........... ....:....... .. ` ......... [Oct] [2013] Negotiation Meetings with Property Owners......................................................... [Nov] [2013] Draft Written Agreements .`... . ....... ......... ............................................... [Dec] [2013] Perform the Closings ......... ......... ........ ......... ......... ................. [May] '[20141 Estimated Project Complete................................................................................... [July] [2014] Part IV — Program Narrative Application for AIP/ASMP Grant Phase II Easement Acquisition and Permitting AIP No. 3-25-0028 XX 2013 Mansfield Municipal Airport Mansfield, Massachusetts August 15, 2013 Page 2 of 3 Project Cost The project cost summary is presented in the table below. �."J3°`5 a r' 3.w° 3 m � i +? q .•r. ;Desert t�tin����;�.�.._ � ���."���`,�:.'.,�` „�F.ee� •�� Planning/Engineer ng $215,500.00 Easement Acquisition $0.00 Sponsor Administration $5,000.00 FAA Share 90% $198 450.00 MassDOT/Aeronautics Share 7.5% 316 537 50 Local Share (2.5%) $5,512.50 Consultant Team The consultant team will consist of seven firms, with particular expertise in their respective fields of endeavor. The term consultant may refer to any individual member of the consultant team or the consultant team as a whole: Firm Contact Responsibilities Gale Associates, Inc. Matthew P. Caron Airport Planning Donald S. Welinsky, MAI Donald S. Welinsky, MAI Appraisals Buzzell Associates Leland E. Buzzell, SRPA ` Review Appraisals Robert L. Marzelli, Attorney at Law Robert`L. Marzelli Legal Services GZA GeoEnvironmental, Inc. Paul G. Davis, Ph.D, Environmental/Permitting Services Merrill Associates Peter Tuttle Survey Services Archaeological and Historical Services, Inc. Mary Harper Archaeological Services The Client Group consists of the Airport Commission, Airport Manager, FAA and MassDOT/Aeronautics. Part IV - Program Narrative Application for AIP/ASMP Grant Phase II Easement Acquisition and Permitting AIP No. 3-25-0028-XX 2013 Mansfield Municipal Airport Mansfield, Massachusetts August 15, 2013 Page 3 of 3 Environmental The FAA issued a Finding of No Significant Impact (FONSI) on May 8, 2013 for the Environmental Assessment at Mansfield Municipal Airport which addresses easement acquisitions. Disadvantaged Business Enterprise (DBE) Participation The 2012-2014 FAA DBE Goal for the Airport has been prepared and is '1%. This project has 5% DBE participation. The MassDOT DBE Goal for the Airport is 10% Coordination with Airport Users See Attached Notice to Users. Executive Order 12372 Coordination The State Historic Preservation Officer has been notified of this project on August 19, 2013 through the filing of a Project Notification Form. Ms. Lisa Lesperance, FAA Airport Planner, has been copied on this Grant Application for project Section 106 coordination. The USF&WS web site at htti)://www.fws.aov/newengland/endangeredsi)ec- consultation.htm was consulted and there are no known federally listed rare species in the project area. ►.1 Al ,�.. Grant 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 this grant offer by the sponsor, these assurances are incorporated in and become part of this 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 this 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 from the date of acceptance of Federal aid for the project. Assurances (412012) ARP Page 1 of V 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this 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 this 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 se .1 C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.. d. Hatch Act — 5 U.S.C. 1501, et sea.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 1b.S.C.'4601, et seg. 12 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 se . 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 1. Title 49, U.S.C„ Section 303, (formerly known as Section 4(f)) in. 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 seg. P. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et se .1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Flours and Safety Standards Act - 40 U.S.C. 327, et seg.t t. Copeland Anti kickback Act - 18 U,S.C, 874.1` U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seal V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, 9-see X. Drug -Free Workplace Act of 1988 - 41 U.S.C.'702 through 706. Executive Orders Airport Sponsor Assurances (4/2012) ARP Page Z of 1 i 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.1 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).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. 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. 1. 49 CFR Part 24 -Uniform relocation assistance and real roperty acquisition for Federal and federally assisted programs.) in. 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 benefiting from Federal financial assistance.) o. 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) 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. Airport Sponsor Assurances (412012) ARP rage 3 or It q. 49 CFR Part 41 Seismic safety of Federal and federally assisted or regulated new building construction.t 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 t 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 this giant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this 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 this 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 United States. It has sufficient funds available to assure operation and maintenance of items funded under this 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. Airport Sponsor Assurances (4/2012) ARP Page 4 of 17 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. 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 this 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 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 this 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 this 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 Assurances (4/2012) ARP Page 5 that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 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. i 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 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, Airport Sponsor Assurances (4/2012) ARP Page 6 of 17 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 this grant, the total cost of the project in connection with which this 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 this 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 this 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. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this 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 this 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 Vietnam Airport Sponsor Assurances (412012) ARP Page 7 of 17 era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by 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 this 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 furnish 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. C. 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. It 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 Airport Sponsor Assurances (4/2012) ARP Page 8 of 17 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 maybe 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 Sponsor Assurances (4/2012) ARP Page 9 of 17 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, non tenant, 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 non tenants and signatory carriers and non signatory 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. Airport Sponsor Assurances (412012) ARP Page 10 of 17 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 Sponsor Assurances (412012) ARP Page 11 of 17 26. 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. The following exceptions apply to this paragraph: 1) 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. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose ,other than land acquisition on or after October 1,1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1,1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95.' 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. 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 Airport Sponsor Assurances (412012) ARP Page 12 of 17 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 this 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: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) 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 Airport Sponsor Assurances (4/2012) ARP Page 13 of 17 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; (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and (4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. 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 lface 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. 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 except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 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 Airport Sponsor Assurances (4/2012) ARP Page 14 of 17 (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, including land serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shallgive preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. 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, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. C. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue Airport Sponsor Assurances (4/2012) ARP Page 15 of 17 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 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 carryout 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 -April 16, 2013 (the latest approved version as of this grant offer) 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 iniSubpart 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 Airport Sponsor Assurances (412012) ARP Page 16 of 17 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 38. 39. 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 carryout 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). 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. 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 Sponsor Assurances (4/2012) ARP Page 17 of 17 Certification for Contracts Grants Loans. and Cooperative Aereements 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 employees 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 loan, the entering into 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 employees of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative lagreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Date: --�/3 Mansfield Municipal Airport Name of Sponsor B Z424&4 Signature T1tle Chairman Mansfield Airport Commission 118/04 Appendix 25. Standard Sponsor Certification Forms U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG -FREE WORKPLACE Mansfield Airport Commission Mansfield Airport Commission (Sponsor) (Airport) Phase II Avigation Easement Acquisitions and Permitting Order 5100.38B Change 1 .............................. AIP No. 3-25-0028-XX-2013 (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certiftcatlon trom the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. A statement has been (will be) published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a ® ❑ controlled substance is prohibited in the sponsors workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug -free awareness program has been (will be) established to inform employees about: a. The dangers of drug abuse in the workplace;' b. The sponsors policy of maintaining a drug -free workplace; ® ❑El c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work hasbee. (will ® ❑ ❑ be) given a copy of the statement required within item 1 above. 4. Employees have been (will be) notified in the statement required by item 1 above that, as a condition employment under the grant, the employee will: a. Abide by the terms of the statement; and ® ❑ ❑ b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide ® ❑ ❑ notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. Page 11 of 12 Order 5100.38B Appendix 25. Standard Sponsor Certification Forms 118/04 Change 1 .............................................................................................................................Yes......... No.........N/A..... 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or, b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug -free workplace through implementation of items 1 through 6 above. I have prepared documentation attached hereto with site(s) for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified in the attachment. ,I have prepared additional documentation for any above items marked "no" and attached it hereto. I certify, that, for the project identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. Mansfield Airport Commission I //,, -- (Name of Sponsor) (Signature of Sponsors Designated Official Representative) Howard Fiske (Typed Name of Sponsors Designated Official Representative) Chairman, Airport Commission (Typed Title of Sponsors Designated Official Representative) August 19, 2013 (Date) Page 12 of 12 EXHIBIT "A" PROPERTY MAP CERTIFICATION I HEREBY CERTIFY THAT THE EXHIBIT "A" PROPERTY MAP DATED MARCH 2010, AND REVISED OCTOBER 4,'2011, AND ATTACHED TO THE GRANT AGREEMENT FOR AIP PROJECT NO. 3-25-0028-24-2011 REFLECTS THE CURRENT INFORMATION AS OF THIS DATE. THE ABOVE MENTIONED EXHIBIT "A" IS, THEREFORE, INCORPORATED INTO THIS PROJECT APPLICATION BY REFERENCE AND MADE A PART HEREOF. DATE: May 15, 2013 Mansfield Municipal Airport NAME OF SPONSOR BY: Hoke Airport-Mamg'a P�_x N^ 3 Z O N O U Cl) U F- 3 Q Z O w 4 r w V) s a' a O 0 U C _ O Q N �6 � � m •�, N U = V @ N (6 Y N p T p O @ C N C N C •O-> 0. N {6 Z N O @ V C Q Q N J 3 Q U O > Q N O ^Z c o W m Q m L a � z O N _ cmW v m o F- _ �' d N = Q a N O a Q c O l6 Q 5