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HomeMy WebLinkAboutResolution - 3958 - Grant Agreement - FAA - Airport Improvements, Project #3-48-0138-11 - 09_10_1992Resolution No. 3958 September 10, 1992 Item #29 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City a Grant Agreement with the United States of America, Federal Aviation Administration, for Project No. 3-48-0138-11, which Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 h Aay of ,September, , 1992. 0 EST: arrgtte boya, ulty ,�ecreia AP�ROVED AS TO CO5ENT: Bern Case, Director of Aviation APPROVED AS TO FORM: flarold Willard, Assistant'City Attorney HW:dw/Agenda-D2/A-FAA.Res August 27, 1992 Resolution No. 3958 September 10, 1992 Item #29 GRANT AGREEMENT FOR DEVELOPMENT PROJECT Date of Offer: August 21, 1992 Airport: Lubbock International Airport TO: CITY OF LUBBOCK, TEXAS (herein referred to as the "Sponsor") PART 1-OFFER Project No. 3-48-0138-11 Contract No. 92 SW-8165 FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated August 19, 1992, for a grant of Federal funds for a project for development of the Lubbock International Airport (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Acquire ARFF protective clothing and communication equipment, pave shoulders for Runway 17R/35L and portion of connecting taxiways, upgrade airfield guidance sign system, install emergency generator all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. FAA Form 5100-37 (10-89) Development or Noise Program Page 1 of 6 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $1,917,000.00. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before 30 days from date of Grant Offer or such subsequent date as may be prescribed in writing by the FAA. FAA Form 5100-37 (10-89) Development or Noise Program Page 2 of 6 Pages 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 10. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. 11. The sponsor agrees to request cash drawdowns on the authorized letter of credit only as and when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 12. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached hereto. 13. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications approved by the FAA on August 11, 1992. 14. The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: FAA Form 5100-37 (10-89) Development or Noise Program Page 3 of 6 Pages (1) The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Material's standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA- C . Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. FAA Form 5100-37 (10-89) Development or Noise Program Page 4 of 6 Pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION 6 l.t (7' - Manager, Texas Airport Development Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this loth day of September , 19 92. (SEAL) Davia K. Langston Title: Mayor Atte Rane e Boyd Title: City Secretary Approved n to Fmt , Assistant City Attorney Approved as to colent Bern E. Case, A.A.E. Director of Aviation FAA Form 5100-37 (1"9) Development or Noise Program Page 5 of 6 Pages CERTIFICATE OF SPONSOR'S ATTORNEY I, Harold Willard , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at,44, Q, �,fe�Ga�o this 10th day of September , 19 92. 5Jgna1ure0T5ponsor'5ArMTey Harold Will FAA Form 5100-37 (10-89) Development or Noise Program Page 6 of 6 Pages OM t o prpr ov a I M o 0 ]•Ad -OU APPLICATION FOR ,. DA TIE SUGM n-nD A cocan+t 1o«+trfw FEDERAL ASSISTANCE August 20 1992 I. 1`114 W SUIMIISrOW 1. DATE I ICVYYD an FTATE State A.0"trpn krantr+w A0p,CA1,0n Antootrcabon Constnrctwn ❑ Construction 4. DATTt MIZI 0 SY ILDa AL AQ[MCY Ftrdwal Identrfw ►+or,-cwnftructron ❑ Non-Conctrucison AZP Pro ect Nos. — 1. AFFUC-MT NrfpaAtAM)M Legal Natrw Organizational unit: City of Lubbock Texas Lubbock International Airpo Awraw (g," uty. county. start. and rep =de) Name and W40hOne numbw of ter person to be oorttacted on rthaNN r+wrv+nq Route 3, Box 389 this apptrcatwn (pert ant coot) Lubbock, Texas 79401 Mr. Bern E. Case Lubbock County, Texas Director of Aviation (806) 767-3125 {. JMfLOYM wtM MAT10M /fUU<[R (11141: 7. lYf[ OF A►FUCANT: (Miter appropr+ato rtrfar M b0+) C 7 5 — 6 0 0 0 5 9 0 A. State k kdMOV'd"'t 9 1 P - D"t B Gounty L State Controlled Wattutron of 14OW Loar ng C. hkfniciprd J. Privets Llrwertty L rt t OF APPUCATXW D. Tovru p K ktdion Tree ® New ❑ Contirluahort ❑ Revision E interstate L Irldmdual F. Intarrrr.lnrc3pal U Prom Orpanintion C R/visim antM appropriate ta1Ur(O in bo■(W: a. Special District N- Otr w (Speedy). A I crease Award B. Decrease Award C. htCrease Duration D. Dcw Duration Ovw (speuhY a. kAfr[ OF ►tDCRAL 044NCY: Federal Aviation Administration 1L CATALOO OF MORAL 00MISM MllaluPt 2 0 1 0 6 it. oczemornvi TITLE OP A PLrCAMT'S fM1OJ[CT: AS&PAMCS • Construct paved shoulders on Runway 17R-35L and TnE. Airport Improvement Program certain.associated taxiways; install airfield signage improvements; install electrical vault improvements and emergency power generator improvements; and other IL AREAS AF"Kl oo ftr fMCJ[CT (Crbef. COUMPO . ,tales. SIC.) related items of work. City of Lubbock, Lubbock County, Texas 13. fa0/'0911) P*OJVCT: 14. CTOMORttt+OMAL D1ST ?Cn WL San ate Ending ate a Applicant : b. Propct 10-1-92 6-1-93 19 19 t< CFTMLATW FUNDMO: 19. 19 AMLIC ATIOM SULJ[R TO WV1[W eY STATt UMCUTM ORDER 12272 MOCnV L YES TMLS OAEAPVUCATIpWAPPMATION WAS UADE AVALABLE TO THE a. Faderal S 2,250,214 .00 STATE EXECUTIVE ORDER 12772 PP0CESS FOR REVIEW ON r DATE MO. PP4)GRAM CS NOT 0OVVWD BY E.O. 12372 2%,024 M C. Suto b OR ►PMPA J KA.S NOT BEEN SELECTED BY STATE FOR REVIEW d �onl : AO a Otw = J7O 1. Program blmrrle S 2,500,238 .00 17. IS TM MfLIC.AMT M M OLWfT OM AM FIDMAL Dtm Yet • M -was.' MtU h on ara,tenati A ID No g TOTAL = .DO 1L TO TM KST OF MV KNOWLEDOt AMC SEL19F. ALL DATA as Two APvucAr*mmRSA►PL1CAr*k ARE TWA AND OORRSCT. TMt DOCNMfW KAS GUN Duly AVT110011M tY TMt OOYLRMIMO MM OF TM APVL.IGAMT AND TMt ANLICANT vMU COMKY sf M THE ATTACMM ASSURAMCtt M TM AUMA10M 16 AWAROCD a- Ttrpad Navy d Autlorwed PAVeoantatrvo b. Title c Taftphone numbr Bern E. Case Directnr of Avin ti nn (806) 767-3125 t Sgnnure of Quo Rap►eeentat" a Date Sgned August 19, 1%2 P+tsurtttd btr 06AS C,rc.1s, A• 1..2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 0.5 �0 e0-Aciea PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X _ No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Nome of Governing Body Priority Rating Name of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? Yes _X ___—No Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Nome of Approving Agency Date Item 5. Is the proposed project covered by an approved Check one: State comprehensive plan? Local Regional Yes _ X_— No Location of plan Item 6. Will the assistance requested serve a Federal Nome of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Nome of Federal Installation or installation? Location of Federal Land Yes X No Percent of Project _ Item 8. Will the assistance requested have on impact or effect See instruction for additional information to be on the environment? provided. Yes _X__ No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes X No Forms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Form 5100.100 (6.73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 2 PART II - SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Adopted Airport Hazard Ordinance Adopted Airport Master Plan. 2. Defaults. —The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment 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 earn- out and complete the Project or cam out the provisions of Part V of this Application, either by limiting its legal or financial abilit)- or otherwise, except as follows: None. 4. Land. —(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the property map designated as Exhibit "A" r Fee simple title free and clear of any exception, encumbrance, or outstanding interest which would interefere with use of the land's surface or the airspace above it for (A) airport or air navigation purposes, or, when no longer needed for such purposes, for (B) any other purpose, use or disposition authorized or required by Attachment N to OMB Circular A-102. See Attached Exhibit A "State character of property interest in each area and list and identify for each all exceptions, encumbranres, 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 (4.76) Page 3a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209 PART 11 . SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorne% or titlr conipan% and that such attorney or title compam has determined that the Sponsor holds the abo%a property interests. (b) The `ponsor will acquire within a reasonable time, but in am eNent prior to the start of am con-truction Mort, under the Project. the following prupert% interest in the fullo%inc, area= of land" on which such construction Mort, is to be performed. all of which areas are identified on the aforementioned property map desimrated a= Exhibit N/A (c) The _Sponsor will acquire within a rea-unable time. and if fra;iblr prior to the completion of all construction work under the Project, the following property interest in the follu%,in,_, arra- of land- which are to be dc%eloped or u,ed a= 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 desi'anated as Exhibit "a..: N/A 5. Exclusive Rights. —There is no grant of an exclusi%c right for the conduct of an% aeronautical acticitX at any airport owned or controlled by the'ponsor except as follow:: None. 44 *State character of property interest in each area and list and identify, for each all exceptions, encumbrances, and adlerse tntrrent of ever)- kind and nature, including liens, easements, leases, etc. The separate areas of land need onh_- be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4•76) Page 3b r.EPAkir.t_r.T OF IRArr�,PORTA!ION _DERAL AVIATION ADMINISTRATION PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Feoeral Domestic Assistance Catalog No..... . . .. .. 20.106 i 2. Functional or Other Breakout ....-.-�����....� tsar _ SECTION B — CALCULATION OF FEDERAL GRANT Cost Clossiricotion Use only for revisions Totol Amount Required Lotest Approved Amount Adiustment f or t't 1. k, . rilon expense S S S 2. Prel:..w.a;y expense 3. Lanu,structures, right-of-way 4. Architectural engineering basic fees ----�� $ 276,000 5. Other architectural engineering fees S. Project Inspection fees 7. Land development 8. Relocation Expenses 9. 1elocation payments to Individuals ant; Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment (ARFF Equipment and Clothes) I Is 2,186, 285 $ 37,953 rl 13. Miscellaneous I j 14. Total (Lines 1 through 13) 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) 2 500,238 20. Federal Share requested of Line 19 (90%) i $ 2, 250, 214 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 23. Grantee share (10%) $ 250,024 24. Other shares 25. Total project (Lines 22, 23 & 24) S S S 2.500 238 r .... r vim IIUU-iUU tb 7!1 SUPERSEDES FAA FORM 5100 -10 PAGES I THRU 7 Pogo 4 DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION - SECTION C — EXCLUSIONS i 2a a. Classification Ineligible for Participation I s s Eaclvded from Conting—cr Provision 2 b c d. it. g. Totals 5 c SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE i 27. Grantee Share S a. Securities b. Mor gages c. Appropriations (By Appllca-0 d. Bonds e. Tax Levies I f. Non Cash g. Other (Explain) h. TOTAL — Grantee share 250,024 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL S 250,024 SECTION E — REMARKS See Preapplication for Part IV Program Narrative Statement. i i I I PART IV PROGRAM NARRATIVF (Afforis FAA For, S100.100 to-7)I SUPERSEDES FAA FORM 5100.10 PAGES 1 TNRU 7 Page 5 ------------- �e Rac1Ao' i I4 .(CaTgw ., r •' i .. Il I. I w r � / iWrw I•I ,• �---------------------- ____-__________-_______________ _�__-_-__ _�0.'D'_JJ]t]S-____ k_ __--_-_-____-- rn \ r c• r • rR•rNwt n'•.a I �—ar +t v ,e•naa. •.off \ �+-a •a hecp• r� h«• oa a«, o, I .,oc. v, hoc. of 1 I. �r v..•t _ rt—ff. � jl iao a\ �� �:•r.a m n I ' I �-1 i� Nttpw of t 100 ffaJ l ^I • ecw • 1 xcra. Y i� • r— ",• «• I xc,•o. ,a .(cr�o, ,. ' 1 arcta M hot, a I2 IPM•f.��P _ hoc. • OUw.•t -,f lc• • haC• �I /•L wirx'oa. ,. ao'� .•. rrn\ Sr�.•Y xc .—dI-a,t , 'I•Vfie •1. tacit 'c.l w••f ( ` w, 1'J 1 wanw r .e• . >. ,wfffr ..w•,eCa arm 11'! ' iIrf i���. a/an i• wra of .an]! / I re � n. .n. � .Ln .r. r, , w. oo•" oS 1 ,�—�: is S: '�= v.aniv a..—ti 1\�•w,w,e ;��// •�� it i.,•-f,� YC,•} „ 1 Nar•M it N`ro— N. Nm • N[ro— rr etec• • het• • h0<• e eaa raw a•oe 00•errrt K if ­ LUBBOCK ••INTERNATIONAL AIRPORT AIRPORT PROPERTY MAP ►ARKHILL. SMITH A COOefe. INC. - • t► A_ 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants to airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement Act of 1994 as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term public agency sponsor means a public agency with control of a public-usc airport; the term private sponsor owner of a public -use airport; and the term sponsor includes public sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. DURATION AND APFUCAE111 Y. L Airport Dcvc1opmrat or Nome C empabbday Program Projects Undcrtalmn by a Public Aarme9 Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the projecL However, Lherc shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. 2. Airport IhxJopment or Nom Coatpia pity Program Projects Undrstalm 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 facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years from the date of the acceptance of Federal aid for the project_ 3. Airport Planning Undertaken by a Sp0000r. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, 34, and 36 in Section C apply to planning projects The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. SPONSOR CERTIFICATION. The sponsor hereby assures and certifies, with respect to this grant that: L General Fcderal Wit: 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 Leodatioe a. Federal Aviation Act of 1958 - 49 U S.C. 1301, ct seq. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.' c. Federal Fair labor Standards Act of 1938 - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. MI, et seq! e- Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, ct sue.' f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469C.' h. Mood Disaster Protection Act of 1973 - Section IO2(a) - 42 U.S.C. 4012a.' L Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4. k- Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et _q. L Age Discrimination Act of IVS - 42 U.S.C. 6101, et seq. m. Architectural Barriers Act of 1%8 - 42 U.S.C. 4151, et seq.' n. Airport and Airway Improvement Act of 198Z as amended - 49 U.S.C. 2201, et seq. o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U.S.C. M.' p. Contract Wort Hours and Safety Standards Act - 40 U.S.C. 327, ct seq.' q. Copeland Antildckback Act - 18 U.S.C. 974.' r. National Eavironmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.' s. Endangered Species Act - 16 U.S.C. 668(a), ct L Single Audit Act of 1994 - 31 U.S.C. 7501, et scg. u. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. v. Aviation Safety and Capacity Expansion Act of 1990. Executive Orders. Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity' Federal Reguulationa. a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to SLate and Local Governments.' b. 49 CFR Part 20 - Restrictions or Lobbying. Airport Assurances 1 age 1 0 -A-1 c. 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. d. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. e. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally assisted Programs.' '"" f. 49 CFR Part 27 - Non-Di&crimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' g 49 CFR Part 29 - Debarments Suspensions and Voluntary ErclusioaL IL 49 CFR Part 30 - Denial of public Worts Contracts to Suppliers of Goods and Services of Countries That Deny Procuremcot Market Access to U.S. Contractors L 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Worsts Financed in Whole or Part by Loans or Grants from U.S.' t 29 CFR Part S - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction.' L 41 CFR Part 60 - Office of Federal Contract Complianoe Program&, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements).' m. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Maoagcmeat and Budget Cirmlaa (OMB} a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.' b. A-128 - Audits of State and Local Governments.' 'These laws do not apply to airport planning sponsors 'nese laws do not apply to private sponsors. '49 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federal assistance Any requitement levied upon State and local governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. RespomiibMq and Authaeity of the Sponsoc IL public AVracy Sponeoc It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duty 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 requited. b. Private Spooaoe It has legal authority to apply for the grant and to finance and tarry 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 the application; and to provide such additional information as may be requited 3. SponKc Pund Availability. It has sufficient funds available for that portion of the project costs which arc not to be paid by - the United States It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Tillie. a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be tarried 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 tick will be obtained. S. Preee vimg Rights and Power a. At will not take or permit any action which would operate to deprive it of any of the rights and powers accessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, crtiaguish 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 Seerctary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Pederal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee a found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1992 to assume the obligations of the grant agreement and to have the power, authority, and Gaancial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disp rig of the sponsorss interest, and make binding upon the transferee, all of the terms, conditions, and assurances contained in this grant agreement. Airport Assurances - 1 age -A-1 c. For all noise compatibility program projects which are to be carried out by another unit of local government or art 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 sptafed 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 agreemcnt against the local government it there is substantial noncompliance with the terms of the agroemcnL 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 noncompliance with the terms of the agreement. c. 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-usc airport in accordance with these assurances for the duration of these assurances. f. It 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 ensure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 198Z the regulations and the terms, conditions and assurances in the grant agreement and shall ensure that such arrangement also requires compliance therewith. 6. Cansisteney wnk IDcal P1aa. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that arc authordcd by the state in which the project is located to plan for the development of the aria surrounding the airport For noise compatibility program projem, other than Land acquisition, to be carried out on property not awned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agencys plans regarding the property. 7. C000dcntion of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Ccavahadion with Uses In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 1992, it has undertaken reasonable consultations with affected parties using the airport at which the project is proposcd- 9. Public IieariagL 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 the goals and objectives of such planning as has been carried out by the community. It shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. 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. _ 1L Loaf Approval In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has mceivtd approval for the project from the governing body of all villages incorporated under the laws of that scale which art located entirely within Got miles of the nearest boundary of the airport. 1Z Termiasd Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certificatioa of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment requited by rule or regulation, and has provided for access to the passenger enplaning and deplaning arts of such airport to passengers enplaning or deplaning from aircraft other than air carrier Airrnft. 13 Aecamtiu6 System, Audit, and Resod Regaazmc a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other f-tnancial 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 1994. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conductod by a mcipienL In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall Gk a certified copy of such audit with the Comptroller General of the united States not later than 6 months following the close of the fiscal year for which the audit was made. Airport Assurances - 1 Page 3 of 9 PP-A4 14. Winimum Wage Rate it shall include, in all contracts in excess of 52,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C- 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the wort. I5. Veiersos P'refercnce. It shall include, in all contracts for wort on any projects funded under the grant agreement which involve labor, such provisions as arc Deressary to ensure that, in the employment of labor (except in extortive, administrative, and supervisory positions), preference shall be given to veterans of the Vletnam cra and disabled veterans as defined in Section 515(c)(1) and (2) of The Airport and Airway Improvement An of 1981 However, this preference shall apply only where the individuals are available and qualified to perform the wort to which the employment relates. 16. Conformity to Pkaas and Spoadrmoot it will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specification&, and scheduks shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved puns, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 17. Condtnetion Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the wort conforms with the plans, specifications, and schedules approved by the Secretary for the project It shall subject the construction wort on any project contained in an approved project application to inspection and approval by the Secretary and such wort shall be in accordance with regulations and procedure 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. I& 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 modifications similarly approved.. b. It will furnish the Secretary with such periodic reports as requited pertaining to the planning project and planning work activities. c. it will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. it will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. it will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this gmnL f. it will gent 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 employes to do all or any part of the project. b. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintc•••M a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to dimatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purpose must first be approved by the Secretary. 7be airport and all facilities which arc necessary to serve the aeronautical users of the airport, other than facilities awned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be requited 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 In furtherance of this assurance, the sponsor will have in effect at all times 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 period& 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. Airport Assumnces - age 4 -A- b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. ltaard Removal and Witi sfim 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 (light altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the cstablishment or creation of future airport hazards. 21- Compmtbie Lad Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, 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 the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondigeshninatirm a It will make its airport available as an airport for public -use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeromutical usct 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 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 fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, 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 Cued -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other feed -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 Cued -based operator that is authorized or permitted by the airport to verve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, cooditions, 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 which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carvers. 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 classifications or status. I. 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 contractors or concessionaires of the sponsor under these provisions. It. The sponsor may establish such fair, equal, 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_ L 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. Fsdodve Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single Cued -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 feed -based operator to provide such services, and b. If allowing more than one feed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fired -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, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing. aerial photography, crop dusting, atrial advertising and surveying, air carrier operations, aircraft sales and services, sak of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sak of aircraft parts, and any other activities which bemuse 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 the Airport and Airway Improvement Act of 19V_ Airport Assurances -91Page -A-1 24. Fee and Rtatal Structure. It will maintain a fee and rental structure consistent with Assurances 22 and 23, for the facilities and services being provided the airport users which will make the airport as self-4ustaining as possible under the cimrmstances existing at that particular airport, taking into amount 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 giant is made under the Airport and Airway Improvement Act of 198Z the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. 25. Airport Revcnw- U the airport is under the control of a public agency, all revenues generated by the airport and any local taus on aviation fuel established after December 30, 1997, 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 err operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport Provided, however, that if covenants or assurances in debt obligations issued before September 3, 198Z 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. 26. Reports and Incpectioos. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development projects, it will also 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 duty authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, availabe for inspection by any duty authorized agent of the Secretary upon reasonable request. V. Use of 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. Unksa 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 wben operations of such aircraft arc 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 arc mguWiy 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 movements of government aircraft multiplied by gross weights of such aircraft) is in excess of free million pounds. 2& Lnd for Federal Faalaiea 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 desimbe for construction, operation, and maintenance at Federal expense of space or facilities for such purpose. Such arcs 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 1"3-d 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 cidsting and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed ntonavisdon areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in 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 its 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 effort in a manner approved by the Secretarl; 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. Airport Assurance -91 age 6PP-A-I 30. Gvr7 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 frruncial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. 3L Disposal of Land a. For land purchased under a grant for airport noise compatibility purposes, it will, when the land is no longer needed for such purposes, dispose of such land at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the united States share of the cost acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land, will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-cufficiency of the airport. Further, land purchased with a grant received by an airport. operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 1, 1987, was notified by the operator or owner of the use of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced not later than December IS, 19M c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with the operation of the airport. 32. Pnghwering and Demos Servieu It will award each contract, or subcontract for program management, construction management, planing 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 qualifitations-based requirement prescribed for or by the sponsor of the airport. 33. Fvreip Market Restriction It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which each foreign country is listed by the United Stater Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Ponces, Stands dr, and SpecificitioaL It will carry out the project in accordance with politics, 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 July 29, 1991, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35- Reioce ice and Real Property AegmaOcn (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistanct to displaced persons as required in Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36 Drug -free WodgAwr- It will provide a drug -free workplace at the site of work specified in the grant application in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against its employees for violation of such prohibition: (2) establishing a drug -free awareness program to inform its employees about the dangers of drug abuse in the workplace and any available drug counseling, rehabilitation, and employees assistance programs: (3) notifying the FAA within ten days after receiving notice of an employee criminal drug statute conviction for a violation occurring in the workplace: and (4) making a good faith effort to maintain a drug -free workplace. Airport Assurances 1 age 7 o -A-1 CVRRFNT FAA ADVISORY CIRCVIARS FOR AIP PROJECTS Iffective Date July 29, 1991 NUMBER SUBJECT 70/7460-1G Obstruction Mariang and lighting 150/5100-14B Architectural, Eaginecring, and Planning Consultant Services for Airport Grant Projects CHG 1 150/52OD-30 Airport Winter Safety and Operations CIIG 1&2 L50/5210-5B Painting, Marking and lighting of Vehicles Used on an Airport 150/5210-7B Aircraft Fire and Rescue Communications 150/5210-14 Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue and Firefighting Station Building Design 150/522&4A Water Supply Systems for Aircraft Fire and Rescue Protection L50/5220-10 Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks CHG I&2 150/5220-11 Airport Snowblower Specification Guide L50/5220-12 Airport Soowswccper Spec ficatioa Guide 150/5220-13A Runway Surface Condition Sensor Specification Guide LSO/5220-14A Airport Fire and Rescue Vehick Specification Guide L50/5220-15 Buildings for Stooge and Maintenance of Airport Snow Removal and Ice Control Equipment: A Guide 150/5220-16 Automated Weather Observing Systems for Non -Federal Applications 150/5220-17 Design Standards for Aircraft Rescue Fire -fighting Training Facilities 150/53OD-13 Airport Design 150/5320-5B Airport Drainage I50/5320-6C Airport Pavement Design and Evaluation CIIG 1&2 150/5320-12A Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces LSO/5320-14 Airport Landscaping for Noise Control Purposes I50/$3Z-4A Runway length Requirements for Airport Design CIIG 1 150/5340-1F Marking of Paved Areas on Airports L50/534Q4C Installation Details for Runway Centerline Touchdown 2,00e lighting Systems CIIG 1&2 150/5340-5B Segmented Grcic Airport MaAer System CIIG 1 I50/5340-14B Economy Approach Lighting Aids CIIG 1&2 150/5340-17B Standby Power for Non -FAA Airport lighting Systems 150153i0.18C Sundards for Airport Sign Systems 150/5340-19 Taxiway Centerline lighting System 150/5340-21 Airport Miscellaneoux Lighting Visual Aids 150/5340-23B Supplemental Wind Coots LSO/5340-24 Runway and Taxiway Edge Lighting System CIIG 1 150/5340-27A Air -To -Ground Radio Control of Airport lighting Systems 150/5345.31) Specification for L421 Panels for Remote Control of Airport Lighting 150/5345-SA Circuit Selector Switch 150/534S-7D Specification for L-824 Underground Electrical Cable for Airport lighting Cutuits CMG I 150/5345-10E Specification for Constant Cunene Regulators Regulator Monitors 150/5345.12C Specification for Airport and Heliport Beams 150/5345-13A Specification for 6841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26B Specifications for LAW Plug and Receptacle, Cable Connectors CHG Idi2 150/534S-27C Specification for Wind Coon AsscmbGa 150/5345-28D Precision Approach Path Indicator (PAPI) Systems 15O/5345-39B FAA Specifictiou 1, 53, Runway and Taxiway Centeriine Retroflecdve Mariners CHG 1 150/5345-42C Specification for Airport Light Bases, Transformer Housings, Junction Bozo and Accessories 150/534543D Specification for Obstruction lighting Equipment 150/5345-44D Specification for Taxiway and Runway Signs 150/534545A Lightweight Approach Light Structure 150/534546A Specification for Runway and Taxiway Light Ftrtures 150/5345-47A Isolation Transformers for Airport Lighting Systems 150/5345-49A Specification L.R54, Radio Control Equipment 150/5345-50 Specification for Portable Runway Lights CHG 1 150/5345-51 Specification for Diuhargc-Type Flasher Equipment C`HG 1 150/5345-52 Generic Visual Giideslope Indicators (GVGI) 150/5360-9 Planning and Design of Airport Terminal Facilities at Non -Hub Locations 150/5360.12 Airport Signing and Graphic 150/5360.13 Planning and Design Guidance for Airport Terminal Facilities at Non -Hub Locations 150/5370-2C Operational Safety on Airports During Construction Airport Assurances - 1 age -A- CURRPWr FAA ADVISORY CIRCULARS FOR AIP PROJECTS (Contmucd) NUMBER SUBJECT M/5370-6B Construction Progress and Inspection Report -Airport Grant Program 150/5370-10A Standards for Specifying Construction of Airports L50/5370.11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Cl1G 1 L50/5370-12 Quality Control of Construction for Airport Grant Projects L50/5390-2 Heliport Design L50/5390-3 Vcrtiport Dcsign Airport Assurances - 1 age o -A-