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HomeMy WebLinkAbout04755 - AIRPORT FAA GRANT TERMINAL ACCESS ROAD 1 k Document Tracking Page: 15 Report: All Active Documents for Groups=AIRPORT,ALL Services,XREF=AIRPORT-Summary June 23,2005 Document# Document Description Approval Date Expiration Date Closed Date A4755 F A A Grant Agreement 3-06-0181-36 07/16/2003 07/01/2008 Company Name: F A A Airport Improvement Program Group: AIRPORT CLO ✓ Service: In File Q��\ xRef: AIRPORT � ����� • ") Ins.Status: INACTIVE A4759 Retail Merchandise Unit Rental Cart#1 Apparel & Gift Items 09/03/2003 09/01/ Company Name: Evas At Palm Springs Airport J� Address: 1675 S. La Reina Way#A, Palm Springs, CA 92264 I 1 Group: AIRPORT Service: Lease Agreement � xRef: AIRPORT / two f Ins. Status: A policy has Expired. / A4762 Retail Merchandise Unit Rental Cart#2 Apparel & Gift Items 09/03/2003 09/01/2tQQ�l" Company Name: Evas At Palm Springs Airport Address: 1675 S. La Reina Way#A, Palm Springs, CA 92264 Group: AIRPORT Service: Lease Agreement xRef: AIRPORT Ins. Status: A policy has Expired. r'�I�� G n� e 0 Q/1 IOs FAA Grant Agr AGREEMENT #4755 U.S. DEPARTMENT MO7343, 7-16-03 OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part I -Offer R-3 Date of Offer: August 14,2003 Palm Springs International Airport/Planning Area Project No: 3-06-0181-36 Contract No: DTFA08-03-C-21683 TO: City of Palm Springs, California (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 317/03, for a grant of Federal funds for a project at or associated with the Palm Springs International Airport/Planning Area 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: 1. Upgrade security equipment phase 2. 2. Reconfigure northerly terminal access road including demolition, paving, curb and gutter, vehicle security barrier systems, access control, lighting, directional signage, erosion control, security fencing, and enplaning passenger weather protection phase 2. 3. Establish Federal Aviation Regulations Part 139 interactive training system. all as more particularly described in the Project Application. Page 1 of 4 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, 90.00 per centum thereof. The Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $3,573,242.00 For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ for planning $3,573,242.00 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before 8/29/03 or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Page 2 of 4 9. ASSURANCES AIRPORT SPONSORS: The attached Assurances Airport Sponsors dated 09199, incorporated hereto with the Grant Offer, are hereby substituted in lieu of those in the Sponsor's Project Application and made a part hereof. 10. LETTER OF CREDIT: The sponsor agrees to request cash draw downs on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 11. 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. 12. 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. 13. BUY AMERICAN REQUIREMENT. Unless otherwise approved by the FAA, it 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. 14. MAXIMUM OBLIGATION INCREASE FOR PRIMARY 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 for land projects. Page 3 of 4 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 Ruben Cabalbag Supervisor, Standards Section Part 11 -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 !Cr- day of August, 2003 City of Palm Springs, California (SE ) (S onsor's Designed fici I epre ntative) David R Aft Title�`` Title _ City Manager Title: City Clerk CERTIFICATE OF SPONSOR'S ATTORNEY Ja off hl,I A, 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 UA f VW V this ?_ ay of /� 0m-� , 2003 Sign of Sponsor's Attorney Page 4 of 4 ' ASSURANCES Airport sponsors A. General. 1. These assurances shall be compiled 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 Vil, as -amended. As used herein,the term"public agency sponsor means a public agency-with control of a public-use airport;the term`private sponsor means a private owner of a public-use airport and the term"sponsor'includes both public agency sponsors and private sponsors- 3_ Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant agreement B. Duration and App@cabiGty. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public.Agency Sponsor. The terns, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project However,there shall be no limit on the duration of the assurances regarding Exdursive 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 CWH Rights assurance shall be specked in the assurances. 2. Airport Deveiopment or Noise Compatibifrty Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except tie,the useful rife of project items installed within a facility or the useful fife of the facilities developed or equipment acquired under an airport development or noise compatbility program project shall be no less than ten(10)years from the date of acceptance of Federal aid for the project 3. Airport Planning Undertakers by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1,2,3,5,6, 13, 18,30,32,33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant agreement shall remain in full force and effect during the file of the project C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that 1. General Federal Requirements. It will comply with all applicable Federal laws,— - regulations, executive orders,policies,guidelines,and requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited to the following, Federal Legislation } a. Title 49, U.S.C.,subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C.276(a), et seq.' C. Federal Fair Labor Standards Act-29 U_S.C.201, et sea- Airport Assurances(9199 1 d. Hatch Act-5 U.S-C. 1501,gm? ? e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 title 42 U.S.C.4601,et sea- 2 f National Historic Preservation Act of 1966-Section 106-16 U.S.C. 470(t)_' g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469c.' h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et lsea- 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. 4012a1 L Title 49,U.S.C.,Section 303,(formerly known as Section 4(f)) M. Rehabilitation Act of 1973-29 U.S.C.794. n_ Civil Rights Act of 1964-Tate VI-42 U.S.C.2000d through d-4. o. Age Discrimination Ad of 1975-42 U.S.C.6101,et spq. p. American indian Religious Freedom Act, P.L.95-341.as amended. q Architectui al Barriers Act of 1968-42 U.S.C.4151, et sM-I r. Power plait and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.' S_ Cwtiract Work Hours and Safety Standards Act-40 U.S.C.327,et sea- t Copeland AnLldckEack Act-18 U.S.C.874' F u. National Environmental Policy Act of 1969-42 U.S.C.4321,et_ sea. V. Wild and Scenic Rivers Act,P.L 90-54Z as amended W. Single Audi Act of 1984-31 U.S.C.7501,et pm-2 X. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706. Executive Orders Executive Order 11246-Equal Employment Opportunity' Execrative Order 11990-Protection of Wetlands Executive Order 11998—Flood Plain Management Executive Omer 12372-Intergovernmental Review of Federal Programs. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898-Environmental Justice Federal Regulations a 14 CFR Part 13-Investigative and Enforcement Procedures- IL 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcemennt Proceedings. c 14 CFR Part 150-Airport noise compatibility planning. d_ 29 CFR Part 1 -Procedures for predetenninatiori of wage rates_' e. 29 CFR Part 3 Contractors and subcontractors on public building or public work financed in whole or pat by loem or grants from the United 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 gnats and cooperative agreements to state and local governments 3 Airport Assurances 19I991 2 i_ 49 CFR Part 20-New restrictions on lobbying. j_ 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectta5on of Tide VI of the Civil Rights Act of 1964. k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions. € 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs'2 m_ 49 CFR Part 26—Participation By Disadvantaged Business.Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefrtting from Federal financial assistance.' . . o. 49 CFR Part 29—Government wide debarment and suspension (non- procurement)and govemment.wide requirements for drug4ree 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 ' F 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.' - 2 These laws do not apply to private sponsors- 3 49 CFR Part 1S 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 chxd rs are incorporated by reference in the grant agreement- 2- Responsibility and Authority of the Sponsor. a. Public Agency Sponsor,tt has legal authority to apply for the grant,and to finance and carry out the proposed project that a resolution, motion or sknow action has been duly adopted or passed as an official act of the applicaes governing body authorizing the filmg of the application, including all understandings and assurances contamed 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 k1fomiation as may be required_.. b. Private Sponsor. tt has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terns, 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 ad in connection with this application;and to provide such addiffionef information as may be required. Airport Assurances (9199)- 3 r S. Sponsor Fund AnrallabiTdy. It has suffieierd funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient finds available to assure operation and maintenance of items funded under the grant agreement which it will own or control_ 4. Good True. 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 tide 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 the grant agreement without the written approval of the Secretary,and will act promptly to acquire, extinguish or modify any outstanding rights or claim of right of others whicf7wouid interfere with such performance by"the sponsor.This shall be done in a, manner acceptable to the Secretary. b. it wtli,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 fnnds have been expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code,to assume the obligations of the grant agreement and to have the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the contract or doc rnent t arnsferring or disposing of the sponsor's interest, and snake binding upon the transferee all cfjhe terms,conditions,and assurances count coed in this grant agreement c. For an noise compatibility program projects which are to be carried out by another unit of local governmentor are on property owned by a unit of local govern Nd 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 assurmxms that would be applicable to it if it applied directly to the FAAfor a grant to undertake fhe 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 win 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 Airport Asscmrances (9199J- 4 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 assurand-ns for the duration of these assurances_ f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code,the regulations and the terms,conditions and assurances in the grand agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this application)of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport 7. Consideration of Local Interest It has given fair consideration to the interest of communities in or near where the project may be low. F 8. Gonsultation with Users. In making a decision to undertake any airport development project underTrge 49, United Slates Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed- a. Public Hearings. In projects involving the location of an airport an airport runway, or a major runway extension, it has afforded the opportunity far 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 shag,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 alpert location,a major nmway extension,or runway location it will provide for the Governor of the state in which the project is located to ceiftly in writing to the Secuat-ary that the project will be located, designed, constructed,and operated so as to comply with applicable air and water quality standards.. In any case when: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 shag be obtained from such Administrator. Notice of certification or refusal to c m-W shag be'provided within sixty days after the project application has been received by the Secretary. I,.-. Pavement Preventive maintenance. With respect to a project approved after January i, — 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 rife of any pavement constructed, reconstructed or repaired with Federal financial assistance at the arporl_ 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 temninal development at a public use airport,as defined in Title 49,it has,on the date of subrndtai of the project AimortAssurances (919a) 5 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 Wile 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 akcraft 13. Accounting System,Audit,and Record Keeping Requirements. EL it shalt keep all project accounts and'records which fully disclose the amount and disposition by the recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is given or - used,and the amount or nature of that portion of the cost of the project supplied by other sources,and such other fmanaal 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 f 984_ b. it-shall matte available to the Secretary and the Comptroller General of the United States, or any of their duty authorized representatives,for the purpose of audit and examination,any-books,documents,papers,and records of the recipient that are pertinent to the grant The Secretary may require that an appropriate audit be conducted by a recipient in any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6)months following the dose of the fiscal year for which the audit was made. 14. Nfinimrmr Wage Rates. it shall include,in all contracts in excess of$2,000 for work on any projects funded under the grant agreement which-involve labor,provisions establishing minimum rates of wages,to be predeternamed by the Secretary of tabor,in accordance with the Davis-Sacon Act,as amended(40 U.S.C.276a-276a-5),which contractors shall pay to skilled and unsidled Labor,and such minimum rates shall be stated iri the invitation for bids and shall be included in proposals or bids for the work. 95. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor,such provishns as are necessary to insure that,in the employment of labor(except in executive,administrative,and supervisory positions),preference shall be given to Veterans of the Vicetnarn era and disabled veterans as defined in Section 47112 of Tdie 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. t6. Conformity to Plans and Specifications. It will execute the project subjed to plans, speaficauans,and schedules approved by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation, — - construction,-or otherPerformance under this grant agreement,and,upon approval of the —- Secretary,shall be incorporated Into this grant agreement Any modification to the approved plans,specifications;and schedules shall also be subject to approval of the Secretary,and Incorporated into the grant agreement 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work T conforms to the plans,specifications,and schedules approved by the Secretary for the project Pt 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 Airport Assurances(9199i s 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 pig 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 acdivfties. 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 State-,or any other country. e_ it will give the Secretary unrestricted authority to publish,disclose, dmtr Bute. a�n�dj otherwise use any of the material prepared in connection with this grant F 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 riot constrhrte 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 tacTdies owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the mini muan standards as may be required or prescribed by applicable Federal,state and locat 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. If _. will suitabty operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions- Any Proposal to temporarily dose the airport for non-aeronautical purposes must fast be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for- (1)Operating the airports aeronautical facilities whenever ' required; (2)Promptly marldng and lighting hazards resulting from airport conditions,including temporary conditions;and Airport Assurances(9/99)= 7 (3)Promptly notifying airmen of any condition affecting aeronautical use ofthe 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 mainterianee- Further, nothing herein shall be construed as requiring the maintenance,repair, restora>ion,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 nose 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 (Inducing established minimum fight agihudes)will be adequately cleared and protected by removing,lowering,relocating,marldrig, or fighting 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;tic 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 nominal airport operations, -including landing and talmof€of akmafL In addition,if the project is for noise compatibility program implementation,it will not cause or permit any change in land use,within its jcirsdic ion,that will reduce its compatibnTrty,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 terns and without unjust discrimination to all types,ldnds 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 prmlege at the airport is granted to any person,firm,or corporation to conduct or to engage in any aeronautical activity for fumsl i services to the public at the airport,the sponsor will insert and ernforce provisions requiring the contractor to- (1) furnish said services on a reasonable,and not nmjustly'discraninafory, basis to all users thereof,and (2) chaMe reasonabie,acid not unjustly disr�irrn¢iatory,prices for each unit or service,provided thatthe contractor may be allowed to make reasonable and nondiscriminatory natory discounts,rebates,or other similar types of price-reductions to volume purchasers, C. Each fixed-based operator at the airport shag be subject to the same rates,fees,rentals,and other charges as are uniformly applicable to all —other fixed-based operators maictig the same or similar uses of such— — airport and utilizing the same or similar faaTmfies- d. Each air carrier using such airport shag 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, nontenani; or subtenant of ariother air carver tenant)shall be subject to such nondiscriminatory and substantially comparable riles,regulations, Airport Assurances (9/99)= 8 conditions,rates,fees,rentals,and other charges with respect to facilities directly and substantially mated to providing air transportation as are applicable to all such air carrier;which make similar use of such airport and utilize similar facilities,subject to reasonable cfassiflications such as tenants or nontenans and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an as carrier assumes obligations substantially similar to arose 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 fts 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 mrrercial 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 is may be necessary for the safe and efficient operation of the airport. i The sponsor may prohibit or limit any given type,ldrnd 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. ft wilt permit no exclusive rigtit for the use of the airport by any person providing,or intending to provide,aeronautical services to the public For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply a- it would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such services, and b. if allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant toan existing agreement between such single fixed-based operator and such airport. it further agrees that it will not,either directly onfndrecE(y,grant or permit any person,firm, or corporation,the exclusive right at the airport to conduct any aeronautical activities, including,but not(united to charterflOrts,pilot training,aircraft recital and sightseeing, aerial photography,crop dusting,aerial advertising and surveying,air carrier operations, aircraft sales and services,safe 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 aQa-dill can be regarded as an aeronautical activity,and that if will terminate ary exclusive right to conduct an aeronautical activity now existing at such an airport — before the grant of any assistance under Trite 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 cinxurrrstances existing at the particular airport,taldng 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 Assurances(9I99)- 9 Airport and Afrvray 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 Dew 30,1987,will be expended by it for the capital or operating costs of the airport;the local airport system;or outer local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially mated 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, 198Z in governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of the airport owner or operators facilities, including the airport,to support not only the airport but also the airport owner or operators 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)shalt not apply. b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review, and the resulting audit report will provide an opevon concerning,the use of airport revenue and taxis 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 Slates Code and any other applicable provision of law,induding any regulation promulgated by the Secretary or Administrator. c. Any civil penafties 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 instuanents,available for inspection by any duly authorized agent of the Secretary upon reasonable request; c- far noise compatibility program projects,make records and documents relating to the project and monied compliance with the terms, conditions, and assurances of the grant agreement including deeds,leases,agreements, .-regulations,and other instruments,available for-inspection by-am duly authorized agent of the Secretary upon reasonable request;and d. in a format and time presented 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: n all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made;and Airport Assurances(9199)r 10 n 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 AirerafL It will make available all of the facr7r1>es 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 an aaft 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 ofsuch aircraft are um 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 adyacent 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. 1t 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 area or any portion thereof will be made available as provided herein wither 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 of€ske areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2)the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,aprons,terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;and(3)the location of all existing and proposed norgr4ation areas and of all existing improvements thereon.Such airport layout plans and each amendment,revision,or modification thereof,shall be subject to the approval of the.Secretary which approval shall be evidenced by the signature of a duty 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`&port or any of its faaTities which are not in conformity with the airport layout plan as approved by the SemBlary and which might, in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the airport b. ff a change or alteration in the airport or the facilities is made which the Secretary determines adversely affirm the safety, utility, or efficiency of any federally owned,leased,or funded property on or of, 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) efunenate such adverse effect in a manner approved by the Secretary; or (2)bear all cosis of relocating such property(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such property Airport Assurances (9/99)= 11 (or replacement them to the level of safety,utility,efficiency,and cost of operation existing before the unapproved change in the airport or its fau�lities. 30. Chat 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 participaling in any activity conducted with or benefiting from funds received from this gran;_ 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 beneft, 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 compatibiNty purposes, it will dispose of the land,when the tend 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'stare of acquisition of such land will,at the discretion of the Secretary, 1)be paid to the Secretary for deposit in the Trust Fund,or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1)For land purchased tinder a grant for airport development purposes (other than noise compatibility),it will,when the land is no longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acquisition of such land will,(a)upon application to the Secretary,be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or wither the national airport system,or(b)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2)land shall be considered to be needed for airport purposes under this assurance F(a)it may be needed for aeronautical purposes (mciue`mg rummy protection zones)or serve as noise buffer land,and (b)the revenue from interim uses of such land contributes to the fnariciai 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 notrTred by the operator or owner of the uses of such land,did not object to such use, and the land continues to be used for that purpose,such use having _- - commenced no later than December 15,1989. C. D'mposition of such land under(a)or(b)wilt 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 Servicm It will award each contract, or sub-contract for program management,construcfion management, planning studies,feasibility studies, architectural services,preliiniinary engineering,design, engineering,surveying,mapping or Airport Assurances (91991.- 12 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 prescnbed 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 forA1P projects, dated 7/1/1999 and included i7 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 wig provide a relocation assistance program offering the services descxbed 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 operatbr will penmB,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 mtereity buses or for other modes of transportation- 37. Disadvantaged Business Enterprises. The recipient shall not discunmate on the basis of race, color, national origin or sex i3 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 adnnistration of DOT-assisted contracth-The recipienrs DBE program,as required by 49 CFR Part 26,and as approved by DOT,is incorporated by reference in this agreement Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement- Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud CIA Remedies Act of 1986 (31 U_S_C-3801)- Airport Assurances(9199) 13 Current FAA Advisory Circulars for AIP Projects Updated on: 711199 7017460-iJ Obstruction Madang and Lighting 1 W5000-13 Announcement of Avalatiffi y—RTCA Inc., Document RTCA 221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 1 5 0151 0 0-1 4C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5200-30A,CHG 1,2 Airport Winter Safety and Operations 150/5200-33 Hazardous Wildlife Attractants On or Near Airports 15015210-513 Painting, Maridng and Lighting of Vehicles Used on an Airport 1 5 01521 0-7B Aircraft Fire and Rescue Communications 150/5210-13A Water Rescue Plans, FaaTities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 15015210-15 Airport Rescue&Firefighting Station Building Design I W5210-18 Systems for interactive Training of Airport Personnel 15015210-19 Driver's Enhanced vision System(DEVS) 150/5220-4B Water Supply Systems for Avaatt FQe and Rescue Protection 150/5220-10B Guide SpecrFication for Walwr oam Type Ainxaft Rescue and Firefighting Vehicles 15DI5220-13B Runway Surface Condition Sensor Specification Guide 1 5 015220-1 6B Automated Weather Observing Systems for NonFederal Applications 1501522D-17A Design Standards for Aircraft Rescue Frrefighiing Training Facilities 150/522D-18 Buildings for Storage and Maintenance of Airport Snow and lee Control Equipment and Materials 150/522D-19 Guide Sped iication for Small, Dual Agent Aircraft Rescue and Firefighting Vehicles 15015220-20, CHG 1 Airport Snow and Ice Control Equipment 150/522D-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 15015300-13, — Airport Design CHG 1,2,3,4,5 150/5300-14 Design of Aircraft Deicing FacuTities 15015300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-5B Airport Drainage 15015320-SD Airport Pavement Design and Evaluation 15015320-12C Measurement, Constriction,and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 15015320-16 Airport Pavement Design for the Boeing 777,Airplane 150/5325-4A, CHG 1 Runway Length Requirements for Airport Design 150/5340-1 G Standards for Airport Markings 150/0340-4C, CHG 1 , 2 Installation Details for Runway Centerline Touchdown Zone lighting Systems 150/5340-5B, CHG 1 Segmented Circle Airport Marker System 150/5340-14B,CHG 1,2 Economy Approach Lighting Aids 150/5340-17B Standby Power for Non-FAA Airport Lighting Systems 150/5340-18C, CHG 1 Standards for Airport Sign Systems 150/5340-19 Taxiway Centerline Lighting System 150/5340-21 Airport Miscellaneous Lighting visual Aids 150/5340-23B Supplemental Wind Cones 15015340-24,CHG 1 Runway and Taxiway Edge Lighting System 15015340-27A Air-to-Ground Radio Control of Airport Lighf ng Systems 150/S345-3D Specification for L821 Parcels for Remote Control of Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-71), CHG 1 Spedligiion for lffi4 Underground Electrical Cable for Airport Lighting Circuits 15015345-10E Speedcation for Constant Current Regulators Regulator Monitors 15015345-12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Armliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26B,CFTC 1,2 Specification for L823 Plug and Receptacle, Cable Connectors 150/534S27C Specification far Wind Cone Assemblies e l 150/5345-28D, CHG 1 Precision Approach Path indicator(PAP])Systems 1 5 0153 4 5-3 9B, CHG 1 FAA Specification 1-853, Runway and Taxiway Centerline Retroretiective Markers 159/5345-42C,CHG 1 Specification for Airport Light Bases,Transformer Housings,.Junction Boxes and Accessories 150/5345-43E Specification for Obstruction Lighting Equipment 150/5345-4F,CHG 1 Specification for Taxiway and Runway Signs 15015345- 5A Lightweight Approach light Structure 150/5345 G6A Specification for Runway and Taxiway Light Fbdures 150/5345-47A Isolation Transformers for Airport Lighting Systems 150/5345-49A Specification L854, Radio Control Equipment 15015345-50, CHG h Specification for Portable Runway Lights 150/5345-51,CHG 1 Specification for Discharge-Type Flasher Equipment 150/5345-62 Generic Visual Glides]ope Indicators(GVGI) 1 5 0153 4 5-5 3A Airport Lighting Equipment Certification Program (induding addendum) 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 1 5 0153 60-1 2A Airport Signing &Graphics 15015360-13,CHG 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2C Operational Safety on Airports During Construction- 150/5370-6B Construction Progress and Inspection Report-Airport Grant Program 150/5370-10A,CHG 1,2, Standards for Specifying Construction of Akporls 3,4,5,6,7, 8,9 1 W/5370-11,CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5390-2A Heliport Design 150/5390-3 Vertiport Design