Loading...
RES 2013-053CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 2013 - 53 Resolution Authorizing Acceptance of Federal Aviation Administration (FAA) Grant, if offered, in an Amount Not to Exceed $1,080,711 for Airport Ramp Reconstruction WHEREAS, the City Council meeting of August 20, 2013 authorized the acceptance of a Federal Aviation Administration (FAA) grant for improvements to the general aviation ramp at Lake Tahoe Airport; WHEREAS, the City of South Lake Tahoe desires to accept the FAA grant if offered and; WHEREAS, the Airport Division adopts an annual budget by Resolution for revenues and expenditures and; WHEREAS, it is necessary to amend the Airport Division Fiscal Year 2012/2013 budget to accept grant funds not to exceed $1,080,711 for construction of the General Aviation Ramp Reconstruction project; WHEREAS, The City Manager and Administrative Services Director recommend the budget adjustments in order to expend the grant funds beginning this fiscal year; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of South Lake Tahoe, State of California has amended the 2012/2013 budget as follows: Account Description Revenue Expense 501 - 80031 -33112 FAA Grant — AI P 35 1,080,711 501 - 80031 -48030 Project Construction 1,080,711 TOTAL $1,080,711 $1,080,711 PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a meeting on August 20, 2013 by the following vote: AYES: Councilmembers DAVTS, COTF, CONNER, TUNE & WANSnN NOES: Councilmembers ABSTAIN ABSENT I_1 Susan Alessi, Councilmembers Councilmembers ou H a ;to 19 65 om Davis, Mayor 3 DOW U.S. Department of Transportation Federal Aviation Administration August 29, 2013 FEDERAL EXPRESS Ms. Sherry Miller Airport Director City of South Lake Tahoe 1901 Airport Road, Suite 100 South Lake Tahoe, California 96150 Dear Ms. Miller: San Francisco Airports District Office 1000 Marina Boulevard, Suite 220 Brisbane, California 94005 -1835 Airport: Lake Tahoe, CA; AIP Project No. 3 -06- 0249 -035; Grant Offer Enclosed are two (2) original sets of the approved Grant Offer for the above project. Acceptance of the Grant Offer will obligate the Sponsor to accomplish the described development. The United States commits itself to participate in the allowable cost of the project not to exceed the amount shown on the Grant Offer. The offer must be accepted before or.on September 9, 2013. Both sets of the Grant Offer must be signed, dated, certified and attested with stamp. Basic considerations are that members of the Sponsor's governing body know the full content of the Grant Offer and that the method of acceptance conforms to local law. The official of the sponsor authorized to accept the enclosed Grant Offer shall accept same by signing and date said offer. The Sponsor's attorney shall certify that the acceptance complies with all applicable laws and constitutes a legal and binding obligation of the sponsor by executing the "CERTIFCATE OF SPONSOR'S ATTORNEY ". The date of said certificate shall be the same as, or later than the date of the execution. When the document is fully executed, certified, attested and appropriate seals are impressed, please return one (1) executed set of the Grant Agreement to this office. Sincerely, Robin K. Hunt Manager, Airports District Office Enclosures f1 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER __..._August 29, 2013 . Date of Offer Lake Tahoe .......... . _._ —_ _.._........_.- ._.._..._. (herein called the "Ai►port') 3 -06- 0249 - 035 -2013 Grant No 095883476 DUNS No TO: City of South Lake Tahoe (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 20, 2013, for a grant of Federal funds for a project at or associated with the Lake Tahoe 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 (or Planning Area) (herein called the "Project ") consisting of the following: Rehabilitate Apron, Construction Phase 1 (240'x 400'), Phase 2 (130'x 150') all as more particularly described in the Project Application. FAA Form 5100 -37 (10 -89) 1 of 31 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its 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) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be $1,080,711. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0 for planning $ 1,080,711 for airport development or noise program implementation The source of this Grant may include funding from the Small Airport Fund. 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 September 9, 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 dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIER REQUIREMENTS 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 after the 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 FAA Forth 5100 -37 (10 -89) 2 of 31 If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (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 https://www.sam.gov/portal/public/SAM 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 a subrecipient 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 a contract. 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. 10. ELECTRONIC GRANT PAYMENT(S): The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for FAA grantees. Each payment request under this grant agreement must be made electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. The following are the procedures for accessing and utilizing the Delphi elnvoicing System. A. Grant Recipient Requirements. (1) Grantees must have Internet access to register and submit payment requests through the Delphi elnvoicing system unless, under limited circumstances, a waiver is granted by the FAA and DOT under section (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 FAA Forth 5100 -37 (10 -89) 3 of 31 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 Airports District/Regional Office with any changes to their system information. Note: Additional information, including access forms and training materials, can be found on the DOT elnvoicing website (http: / /www. dot.g ov /cfo /delr)hi- einvoicing- system.htmD. 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 elnvoicing website (http: /twww.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. (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 11. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5 %), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 12. AIR AND WATER QUALITY: Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply with this requirement may result in suspension, cancellation, or termination of Federal assistance under this agreement. 13. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number C -11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below FAA Form 5100 -37 (10 -89) 4 of 31 Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380 -6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference. Refer to Advisory Circular 150/5380 -6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 14. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to perform the following: a. ' Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. FAA Forth 5100 -37 (10 -89) 5 of 31 (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out -of- tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 15. 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. 16. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 17. PROGRESS ON PROJECT: The Sponsor agrees to begin work on the project within six months of grant acceptance, regardless of the availability or timing of state funds or other sources of funds used to provide the sponsor share. In the event that the Sponsor fails to begin work on the project within 6 months of grant execution or make suitable progress on the project as determined by the FAA, the FAA may unilaterally terminate the grant without further coordination or notice to the Sponsor. FAA Form 5100 -37 (10 -89) 6 of 31 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` 17 (Signature) Robin K. Hunt (Typed Name) Manager .......... .. ............. -- -- .._.. ........... _...... (Title) FAA Form 5100 -37 (10 -89) 7 of 31 PARTII - 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. I declare under penalty of perjury that the foregoing is true and correct. Executed this 3rd day of September 2013 C' rof -South Lake Tahoe aNme\ ..of . .............................sor.. ...._._) ....... .......... . ' Spon (Signature of Sponsor's Designated Official Representative) By: Tom-Davis ..... _........_.._...__. ........ _ ....... _._. ... ... _ ................. .... .............. ........... _....-- ...... ._..... ........ _......_........ _._ ..... _....._................... (Typed Name of Sponsor's Designated Official Representative) Title: . .......... . ........................Ma...or ... ......................... ........._.................... _._ ... _ ....... _ ............... ...... __ ..... __ ...... _ ........... ... ........ ........... (Typed' Title of Sponsor's Designated Official Representative) / CERTIFICATE OF SPONSOR'S ATTORNEY 4I 4r's"S )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 California. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at l'� ' `l � �'f I �d� this `t' day of (Signature of Sponsor's Attorney) Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. FAA Form 5100 -37 (10 -89) 8 of 31 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. 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: Airport Sponsor Assurances (4/2012) 9 of 31 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), e1 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.Z e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea. i 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 seg. 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 J) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d -4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. P. American Indian Religious Freedom Act, P.L. 95 -341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.I r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.) t. Copeland Anti kickback Act - 18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.) V. Wild and Scenic Rivers Act, P.L. 90 -542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2 X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity) 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 Airport Sponsor Assurances (4/2012) 10 of 31 Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non - construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j . 49 CFR Part 21 - Nondiscrimination in federally- assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real roperty acquisition for Federal and federally assisted programs.' m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or 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. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A -133 - Audits of States, Local Governments, and Non - Profit Organizations ' These laws do not apply to airport planning sponsors. Airport Sponsor Assurances (4/2012) 11 of 31 These 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 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 grant 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 the 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. 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 Airport Sponsor Assurances (4/2012) 12 of 31 modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in 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 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 Airport Sponsor Assurances (4/2012) 13 of 31 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. 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, 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 Airport Sponsor Assurances (4/2012) 14 of 31 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 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 Airport Sponsor Assurances (4/2012) 15 of 31 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. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. 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 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 Airport Sponsor Assurances (4/2012) 16 of 31 and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- t) 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. 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 Airport Sponsor Assurances (4/2012) 17 of 31 furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- e) 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. 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. 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. 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. Airport Sponsor Assurances (4/2012) IS of 31 For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self - sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. 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 Sponsor Assurances (412012) 19 of 31 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. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, Airport Sponsor Assurances (412012) 20 of 31 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 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 Airport Sponsor Assurances (4/2012) 21 of 31 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 face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. 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 (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 Airport Sponsor Assurances (4/2012) 22 of 31 project at the airport, or (2) 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. 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 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. Airport Sponsor Assurances (412012) 23 of 31 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 carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 01/12/2012 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation Airport Sponsor Assurances (4/2012) 24 of 31 and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor Assurances (412012) 25 of 31 O��pL AV/ �o FAA Airports 90 or N /STJL �- Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 4/16/2013 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/adviso[ycirculars NUMBER TITLE 70/7460 -1k Obstruction Marking and Lighting 150/5020 -1 Noise Control and Compatibility Planning for Airports 150/5050 -4 Citizen Participation in Airport Planning 150/5050 -8 Environmental Management Systems for Airport Sponsors 150/5060 -5 it ort Capacity And Delay 150/5070 -66 Airport Master Plans 150/5070 -7 The Airport System Planning Process 150/5100 -13B Development of State Standards for Nonprimary Airports 150/5100 -19D Guide for Airport Financial Reports Filed by Airport Sponsors 150/5200 -12C First Responders Responsibility for Protecting Evidence at the Scene of an Aircraft Accident/Incident 150/5200 -18C Airport Safety Self- Inspection 150/5200 -28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200 -30C Airport Winter Safety And Operations 150/5200 -31C irport Emergency Plan Change 2 FAA Advisory Circulars Required for Use Updated 4/16/2013 26 of 31 AIP Funded and PFC Approved Projects ARP NUMBER TITLE 150/5200 -32A Reporting Wildlife Aircraft Strikes 150/5200 -33B Hazardous Wildlife Attractants On or Near Airports 150/5200 -34A Construction or Establishment of Landfills near Public Airports 150/5200 -36A Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports 150/5200 -37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5210 -5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210 -61) Aircraft Fire and Rescue Facilities and Extinguishing Agents 150/5210 -7D Aircraft Rescue and Fire Fighting Communications 150/5210 -13C Airport Water Rescue Plans and Equipment 150/5210 -146 Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210 -15A Aircraft Rescue and Firefighting Station Building Design 150/5210 -17B Programs for Training of Aircraft Rescue and Firefighting Personnel 150/5210 -18A Systems for Interactive Training Of Airport Personnel 150/5210 -19A Driver's Enhanced Vision System (DEVS) 150/5210 -20 Ground Vehicle Operations on Airports 150/5210 -23 ARFF Vehicle and High Reach Extendable Turret (HRET) Operation, Training and Qualifications 150/5210 -24 Airport Foreign Object Debris (FOD) Management 150/5210 -25 Performance Specification for Airport Vehicle Runway Incursion Warning System (RIWS) 150/5220 -9A Aircraft Arresting Systems 150/5220 -10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220 -16D 1A utomated Weather Observing Systems(AWOS) for Non - Federal Applications FAA Advisory Circulars Required for Use Updated 4/16/2013 27 of 31 AIP Funded and PFC Approved Projects ARP NUMBER TITLE 150/5220 -178 Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220 -18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -20 Airport Snow and Ice Control Equipment 150/5220 -21C Aircraft Boarding Equipment 150/5220 -22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220 -23 Frangible Connections 150/5220 -24 Foreign Object Debris Detection Equipment 150/5220 -25 Airport Avian Radar Systems 150/5220 -26 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B) Out Squitter Equipment 150/5230 -46 Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports 150/5300 -78 FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes 150/5300 -13A Airport Design 150/5300 -148 Design of Aircraft Deicing Facilities 150/5300 -16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300 -17C Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300 -188 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320 -5C Change 1 Surface Drainage Design 150/5320 -6E Airport Pavement Design and Evaluation 150/5320 -12C Change 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320 -15A Management Of Airport Industrial Waste 150/5325 -46 Runway Length Requirements for Airport Design 150/5335 -513 tandardized Method of Reporting Airport Pavement Strength - PCN FAA Advisory Circulars Required for Use Updated 4/16/2013 28 of 31 AIP Funded and PFC Approved Projects ARP NUMBER TITLE 150/5340 -1K Change 1 Standards for Airport Markings 150/5340 -5C Segmented Circle Airport Marker System 150/5340 -18F Standards for Airport Sign Systems 150/5340 -268 Maintenance of Airport Visual Aid Facilities 150/5340 -30G Design and Installation Details for Airport Visual Aids 150/5345 -3G Specification for L -821, Panels for the Control of Airport Lighting 150/5345 -56 Circuit Selector Switch 150/5345 -7E Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 -10G Specification for Constant Current Regulators and Regulator Monitors 150/5345 -12F Specification for Airport and Heliport Beacons 150/5345 -13B Specification for L -841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26D FAA Specification For L -823 Plug And Receptacle, Cable Connectors 150/5345 -27D Specification for Wind Cone Assemblies 150/5345 -28G Precision Approach Path Indicator (PAPI) Systems 150/5345 -39D Specification for L -853, Runway and Taxiway Retro reflective Markers 150/5345 -42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345 -43G Specification for Obstruction Lighting Equipment 150/5345 -44J Specification for Runway and Taxiway Signs 150/5345 -45C Low - Impact Resistant (LIR) Structures 150/5345 -46D pecification for Runway and Taxiway Light Fixtures 150/5345 -47C pecification for Series to Series Isolation Transformers for Airport Lighting ystems 150/5345 -49C pecification L -854, Radio Control Equipment 150/5345 -508 Specification for Portable Runway and Taxiway Lights FAA Advisory Circulars Required for Use Updated 4/16/2013 29 of 31 AIP Funded and PFC Approved Projects ARP NUMBER TITLE 150/5345 -516 Specification for Discharge -Type Flashing Light Equipment 150/5345 -52A Generic Visual Glideslope Indicators (GVGI) 150/5345 -53D Airport Lighting Equipment Certification Program 150/5345 -54B Specification for L -884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345 -55A Specification for L -893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345 -568 Specification for L -890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360 -13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities 150/5360 -14 Access to Airports By Individuals With Disabilities 150/5370 -2F Operational Safety on Airports During Construction 150/5370 -10F Standards for Specifying Construction of Airports 150/5370 -11B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370 -13A Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370 -15B Airside Applications for Artificial Turf 150/5370 -16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370 -17 Airside Use of Heated Pavement Systems 150/5380 -66 Guidelines and Procedures for Maintenance of Airport Pavements 150/5380 -9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390 -2C Heliport Design 150/5395 -1 eaplane Bases FAA Advisory Circulars Required for Use Updated 4/16/2013 30 of 31 AIP Funded and PFC Approved Projects ARP THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 2/4/2013 NUMBER TITLE 150/5100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100 -17 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5150 -2C Federal Surplus Personal Property Program for Public Airport Purposes 150/5190 -6 Exclusive Rights at Federally Obligated Airports 150/5190 -7 Minimum Standards for Commercial Aeronautical Activities 150/5300 -15A Use Of Value Engineering For Engineering And Design Of Airport Grant Projects 150/5300 -96 Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects 150/5320 -17 Airfield Pavement Surface Evaluation and Rating Manuals 150/5370 -6D Construction Progress and Inspection Report - Airport Improvement Program (AIP) 150/5370 -12A Quality Control of Construction for Airport Grant Projects 150/5380 -7A Airport Pavement Management Program FAA Advisory Circulars Required for Use Updated 4/16/2013 31 of 31 AIP Funded and PFC Approved Projects ARP