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HomeMy WebLinkAboutC88-074 Grant with FAA construct taxiway B-3U.S. Department of Transportation Federal Aviation Administration C88 -74 -17 Grant Agreement Part 1 - Offer Date of Offer JUL 0 8 1988 Eagle County Airport Project Number: 3 -08- 0020 -09 Contract Number: DOT— FA88NM -1027 To: County of Eagle, Colorado (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 April 18, 1988, for a grant of Federal funds for a project at or associated with the Eagle County Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and Whereas, the FAA has approved a project for the Airport (herein called the "Project ") consisting of the following: Construct taxiway B -3; construct taxiway to commercial apron. all as more particularly described in the Project Application. 1 a ,< �' ..v j.`� � ... ci Nov therefore, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act ", and /or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, The Federal Aviation Administration, for and on behalf of the United States, hereby offers and agrees to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90.00 percent. 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 $400,000. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $— 0 — for planning $400,000 for airport development and 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 delay and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before July 29, 1988 or such subsequent date as may be prescribed in writing by the FAA. 2 l 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. The sponsor shall provide for audit of this grant project to be made in accordance with Office of Management and Budget Circular A -128. 10. The sponsor agrees to comply with the Part V, Assurances, attached to this offer which replaces the Part V, Assurances, that accompanied the Application for Federal Assistance. 3 A- Ul 0 0 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 Manager, Denver Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. ecuted this ZZ —X6? day of July , 19 88 Title: Clerk to the Board COUNTY OF EAGLE, COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS By Sponsor's Designated Official Representative Title: Chairman PRE) - Certificate of Sponsor's Attorney I, James R. Fritze , 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 Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. � Dated at Eagle- Colorado this /= day of July f 19 RR ture of Sponsor's Attorney A N PART a- ASMANCES port and Planning Agency Sponsors+ A. GenT eral 1. These nnwances shall be complied with in the performance of the follo bg grant agreements: a. Airport development, airport planning, and noise program implementation grants to airport sponsors. b. Integrated airport system planning grants to planning agencies. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement let of 1982 as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport, the term "private sponsor" means a private owner of a public -use airport and the term "sponsor" includes public agency sponsors and private sponsors. 3. These assurances also are required to be submitted as part of the project application by a sponsor which is both a public agency and a planning agency requesting funds for integrated airport system Planning under the provisions of the Airport and Airway Improvement Act of 1982, as amended. 4. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability 1. 2. T unaerzaKen oy a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise program implementation project, or throughout the useful life of the project items installed within a facility under a noise program implementation 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 assurance against s=lusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Further- more, the duration of the Civil Rights assurance shall be as specified in the assurance. unaertaxen dy a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of !facilities developed or equipment acquired under an airport development or noise program implementation project shall be no less than 10 years from the date of the acceptance of Federal aid for the project. 3. Air rt PXanping Undertaken b a Sponsor. Unless otherwise specified n e grant agreement, o y Assurances 1, 29 3, 59 6, 13, 18, 30, 34 33, and 34 in Section C apply to planning projects. The terms, conations and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 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 followings Fe_ deral Legislation r - a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et sect. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sec. 1/ — c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et MI. d. Hatch Act - 5 U.S.C. 1501, et seq. I/ e. Unifarm Relocation Asslatance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et seq. 1/ 2/ f. National Historic Preservation Act of 1766Seeti7on 106 - 16 U.S.C. 470(f). 1/ g. Archeological and historic Preservation Act of 1974 - 16 U.S.C. 469 through 469C h. Flood Disaster Protection Act of 1973 - Section 102(x) - 42 U.S.C. 4012x. 1/ i. Rehabilitation Act of 1973 - 29 U.S.C. 794. J. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d -4. k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et ° seq. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq. 1/ n. Airport and Airway Improvement Act of 1982, as amended — - 49 U.S.C. 2201, et sect. et M. o. 9oWerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373. 1/ p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 3279 et seq. 1/ q. Copeland Antikickback Act - 18 U.S.C. 874. 1/ r. National Environmental Policy Act of 1969 -742 U.S.C. 43219 et seq. 1/ s. Endangered Species Act - 16 U.S.C. 668(a), et seq. 1/ t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq I/ u. Merchant Marine Act, 1936 - 42 U.S.C. 1241(hj. 1/ T 1/ These laws do . not apply to planning projects. 4 � 2/ These laws do not apply to private sponsors T I C1 Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity 3 Federal Regulations a. 49 CFR'Part 21 - Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights dot of 1964. b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. c. 49 CFR Part 25 - Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs. d. 49 CFR Part 27 - Non - Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. e. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions. f. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates. g. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S. h. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. 1. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally- assisted Contracting Requirements). J. 14 CFR Part 150 - Airport Noise Compatibility Planning. k. 46 CFR Part 381 - Cargo Preference - U.S. Flag Vessels. Office of Management and Budget Circulars a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.* b. A -102 - Uniform Requirements for Assistance to State and Local Governments.* c. A -128 - Audits of State and Local Governments. * OMB Circulars A -87 and A -102 contain requirements for state and local governments receiving Federal assistance. Any requirement levied upon state and local governments by those two circulars shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as amended. V Ci C4 Specific assurances required to be included in grant agreements by any of the above laws, regulatiooa or circulars are incorporated by reference in the grant agreement. 2. ResponsibilM and Authority of the Sponsor. a. Public Agency Sponsors It has legal authority to apply for the grant; and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assur- ances 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 infor- mation as may be required. b. Private Sponsor: It has legal authority to apply for the 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 the 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 the grant agreement which it will own or control. 4. Good Title. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. For noise program implementation 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 Sights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit 1 to this application or, for a noise program Implementation project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, eonditibr, and assurances in the grant agreement without approval by ties ire ary. If the transferee is found by the Secretary to be eligiblW mder the Airport and Airway Improvement het of 1982 to asa=e tft obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions and assurances contained in this grant agreement. c. For all noise program implementation 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 program implementation 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 program implementation 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 with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise program implementation projects, other. than land acquisition, to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. T C 7. Consideration of Local Interest. It has given fair consideration to the interest of oaMMunities in or near which the project may be located. B. Consult_I WIdth Users. In making a decision to undertake any airport development - Dect under the Airport and Airway Improvement let of 1982, it has and 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 oppor- tunity 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. It shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project from the governing-body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport. 12. Terminal DeveloEgent Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under ''section 612 of the Federal Aviation let of 1958 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 or deplaning area of such airport to passengers enplaning or deplaning from aircraft other thaw air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion 7" Ir of the cost the project supplied by other ' ces, 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 O.S. General Aeeounida Office publication entitled Guidelines for Financial and Compl�oe Audits of Federally Assisted Programs. b. It shall sake available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in Which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 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 32,= for ,work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis- - Bacon Act, as amended (40 O.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. Veterans Preference. It shall include, in all contracts for work on any projects un a un er the 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 veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) aqd (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation 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 conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained g In an approvedect application to inspection 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 lrojects. in carrying out planning projects: a. It vM execute the project in accordance with the approved program narrative contained in the project application or with modifications aimil arty 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 an 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 aaterial 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. 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 nonaeronautieal purposes must first be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as 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. lg In furtherance of this assurance, the sponsor will have in effect at all tines arrangements for— (1) OpW%ting 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 interefere 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 suitable operate and maintain noise program implementation 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 pace 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, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activi- ties and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which federal funds have been expended. 22. Economic Noodiacrimination. a. It will naka its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses. b. In any agreement, contract, lease or other arrangement under which a right, or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor -- 10 (t) to fULs h said services on a fair, eqL and not unjustly discriminatory basis to all users thereof, and (2) to aharge fair, reasonable, and not unjustly discriminatory Wdoea for each unit or service, provided, that the contractor be allowed to make reasonable and nondiscriminatory isaounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classifications 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 contractors ar concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusivee It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical servioes to the public. For purposes of this paragraph, the providing of SWTIoes at an airport by a single fixed -based operator shall not be coatteo as an exclusive right if both of the following apply: (1) It Would'it unreasonably costly, burdensome, or ispraetieal for more than one flm&based operator to provide such services, and (2) 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, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, 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 the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent With Assurance 22 and 23, for the facilities and services being provided the airport users 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 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 base in establishing fees, rates, and charges for users of that airport. 25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes on aviation fuel established after December 309 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 directly and substantially related to the actual air transportation of passengers or property; or for noise mitiga- tion purposes on or off the airport. Provided, however, that if cove - nants or assurances in debt obligations issued before September 3, 1982 by the owner or operator of the airport, or provisions enacted before September 3, 1982 in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 12 26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. Igo' airport development projects, it Mill also make the airport and all a1rWrt records and documents affecting the airport, including deeds, lemon, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise program implementation projects,-it will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 27. Use of Government lircraft. 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 movements 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 ezpSns0 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. lirport 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, V c 13 taxiways, aprons, terminal buildings, hangars and roads),. including &U proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities which are not in confor- mity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested by the Secretary (1) eliminate such adverse 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. 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 improve - meats 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 finan- cial assistanCG'is extended, or for another purpose involving the provi- sion of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. a: 9 14 31. Disposal of Land. a. par land purchased under grant before, on, after December 30, 1987 fw airport noise compatibility purposes, it will dispose of the lmd, when the land is no longer needed for such purposes, at fair awbot value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United Mates share 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. For land purchased for airport purposes (other than noise compatibility) under grant before, on, or after December 30, 1987, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value. 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 be paid to the Secretary for deposit in the Trust Fund. c. Disposition of such land under a. and b. above will be subject to the retention or reservation on any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with the operation of the airport. 32. 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 archi- tectural 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. 15 34. Policies Standardsp and Specifications. It will carry out the project in accordance policies, standards, and specifications approved by the Secretary i "Cuding but not limited to the advisory circulars listed below, and in aeeordas* with applicable state policies, standards, and specifications approved by for Secretary. Number _ Subject 70/7460 -1G Obstruction Marking and Lighting 150/5100 -14 Architectural, Engineering and Planning Consultant Services for Airport Grant Projects 150 /5200 -31 Airport Winter Safety and Operations 150/5210 -5B Painting,,Marking, and Lighting of Vehicles Used on an Airport 150/5210 -7B Aircraft Fire and Rescue Cammuaications 150/5210 -14 Airport Fire and Rescue Personnel Protective Clothing 150/5210 -15 Airport Rescue and Firefighting Station Building Design 150/5220 -4A Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220 -10 Guide Specification for Water /Foam Type Aircraft Fire and Rescue Trucks 150/5220 -11 Airport Snowblower Specification Guide 150/5220 -12 Airport Snoxsveeper Specification Guide 150/5220 -13A Runway Surface Condition Sensor -- Specification Guide 150 /5220 -14A Airport Fire and Rescue Vehicle Specification Guide 150/5220 -15 Buildings For Storage and Maintenance of Airport Snow Removal and Ice Control Equipments A Guide 150/5220 -16 Automated Weather Observing Systems (AWOS) for Non- Federal Applications 150/5300 -4B Utility Airports --Air Access to National Transportation 150 /5300 -12 Airport Design Standards -- Transport Airports 150/5320 -5B Airport Drainage 150/5320 -6C Airport Pavement Design and Evaluation 150/5320-12-A Methods for the Design, Construction, and Maintenance of Skid Resistent Airport Pavement Surfaces 150/5320 -14 Airport Landscaping for Noise Control Purposes 150/5325 -4 Runway Length Requirements for Airport Design 150/5340 -1E 150/5340 -4C Marking of Paved Areas on Airports Installation Details for Runway Centerline Touchdown Zon Lighting Systems 150 /534Q -53 Segmented Circle Airport Marker System 150/5340 -14B Economy Approach Lighting Aids 150/5344 -179 = µStandby Power4f Non -FAA Airport Lighting Systems 150/5344 -18B �- Stindards..for,iirport Sign Systems 150/5340 -19 Taxiway Centerline Lighting Systems 150/5340 -21 Airport Miscellaneous Lighting Visual Aids 150/5340 -23A Supplemental Wind 'Cones 150/5340 -24 Runway and Taxiway Edge Lighting System 15- /5340 -27A Air -to- Ground Radio Control of Airport Lighting Systems a 16 Humber Subject 150/5345 -3D Specification for L -821 Panels for Remote Control of Airport Lighting 150/5345 -SL Circuit Selector Switch 150/5345 -7D Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 -JOE Specification for Constant Current Regulators and Regulator Monitors 150/5345 -12C Specification for Airport and Heliport Beacon 150/5345 -13A Specification for L -841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26B Specification for L -823 Plug and Receptacle, Cable Connectors 150/5345 -27C Specification for Wind Cone Assemblies 150/5345 -28D Precision Approach Path Indicator (PAPI) Systems 150/5345 -39B FAA Specification L-853, Runway and Taxiway Center- line Retrorefleetive Markers 150/5345 -42B FAA Specification L-857, Airport Light Bases, Transformer Houses, and Junction Boxes 150/5345 -43C Specification for Obstruction Lighting Equipment 150/5345 -44D Specification for Taxiway and Runway Signs 150/5345 -45 Lightweight Approach Light Structure 150/5345 -46A Specification for Runway and Taxiway Light Fixtures 150/5345 -47 Isolation Transformers for Airport Lighting Systems 150/5345 -49A Specification L-854, Radio Control Equipment 150/5345 -50 Specification for Portable Runway Lights 150/5345 -51 Specification for Discharge -Type Flasher Equipment 150/5370 -6A Construction Progress and Inspection Report— Federal -Aid Airport Program 150/5370 -10 Standards for Specifying Construction of Airports 150/5370 -11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370 -12 Quality Control of Construction for Airport Grant Projects 150/5390 -1B Heliport Design Guide