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HomeMy WebLinkAboutC88-098 FAA Grant/expand aprons a C88 -98 -17 U.S. Department of Transportation Grant Agreement Federal Aviation Administration Part 1 - Offer Date of Offer SEP 2 8 1988 Eagle County Airport Project Number: 3 -08- 0020 -10 Contract Number: DOT- FA88NM -1078 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 September 23, 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: Expand apron on south terminal; construct stopway on Runway 7 (1000' x 100); install REIL on Runway 7; reimbursement for land (Parcels 9, 12b, and 14). all as more particularly described in the Project Application. 1 �j � a <A Yr Now therefore, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act ", and /or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, The Federal Aviation Administration, for and on behalf of the United States, hereby offers and agrees to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 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 $2,043,000. 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 $2,043,000 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 September 30, 1988 or such subsequent date as may be prescribed in writing by the FAA. PEI 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. 3 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. Executed this 28th day of September , 1988 COUNTY OF EAGLE, COLORADO By Sponsor' Designated Official Representative Donafd H. Welch Title: Vice Chairman, Board of County Commissioners Title: Johnnette Fhiiiips, C;ierk to the Board of County Commissioners 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 28th day of September t 1988 ture of Sponsor's,,,fAttorney 4 y C88 -98 -17 EAGLE COUNTY 551 Broadway Eagle, Colorado 81631 (303)328-7311 Mr. Alan E. Wiechmann, Manager Airports District Office, DEN -ADO Federal Aviation Adminstration 10455 E. 25th Avenue Aurora, Colorado 80010 Subject: Eagle County Airport Eagle, Colorado Application for Federal Assistance AIP Project No. 3 -08- 0020 -10 Dear Mr. Wiechmann: Eagle County, as Airport Sponsor, is herewith submitting the original and one (1) copy of the Application for Federal Assistance for the above referenced 1988 Airport Improvement Program project. The Application covers the following work items: 1. Construct Runway 25 Stopway 2. Expand Aircraft Parking Apron at South Terminal 3. Install Runway End Identifier Lights on Runway 7 4. Reimbursement for Sponsor Acquired Land (Parcels 9, 12b, and 14) Sponsor funds are available for the project and are provided by airport funds to cover the Sponsor's share of the costs associated with this program. Costs included in the Application are based on the Engineer's Estimate. Should further information be required, please contact us. Thank you for your assistance. Very truly yours, George A. Gates, Chairman Eagle County Board of County Commissioners Board of County Commissioners Assessor Clerk and Recorder Sheriff Treasurer P.O. Box 850 P.O. Box 449 P.O. Box 537 P.O. Box 359 P.O. Box 479 n1Z., c•__I_ sitar nleml T__l_ nle0q r+__I_ oleo, 8 s e FEDERAL ASSISTANCE TYPE 5. tMV1.VTtn ivtnnrn.AIRJR RUMetn tart OF ❑ NOTICE OF INTENT (OPTIONAL) SUBMISSION ❑ (Mark ap• PREAPPLICATION propriate ® APPLICATION box) (From CFDA) 2. APPLI• a. NUMBER 3. STATE a. NUMBER CANT'S APPLI- APPLI- CATION CATION 1263 IDENTI- FIERTI- b. DATE Nors TO BE b. DATE Year month day ASSIGNED ASSIGNED 1988 09 23 BY STATE Leave Blank 19 Yew nanth day LEGAL APPLICANT /RECIPIENT 5. tMV1.VTtn ivtnnrn.AIRJR RUMetn tart I4. a. Applicant Name Eagle County, Colorado �6. 84- 6000762 PRO. e b. Organization Unit Board of County Commissioners c. Street /P.O. Box P. 0. Box 850 GRAM a. NUMBER 1210 1 111 016 d' City Ea le s. County Eagle I. State g. ZIP Code. 81631 • Co orado (From CFDA) MULTIPLE [3 b. TITLE Airport Improvement Progr< h. Contact Person (Name Mr. Dan Reynolds, Airport Manager =' U d Telephone.Va.) (303) 524 -9490 C. STATE 7. TITLE OF APPLICANT'S PROJECT (Use section IV of this form to provide a summary description of the 8. TYPE OF APPLICANT /RECIPIENT t� project.) A -atelm o -sr.aw nne. tans ~ VSee Section IV t�8arr t-+Now E*Aoww rrrNm E agntralbn X -00W l(3peg&). F -sa+oa orna Enter appropriate timer ❑D i 9. AREA OF PROJECT IMPACT (Names of cities counties states era) 10. ESTIMATED NUMBER 11. TYPE OF ASSISTANCE Towns of Eagle and Gypsum; and OF PERSONS BENEFITING � � y� [°_ ` `M Z Eagle County, Colorado 20,000 Pi- V 12. PROPOSED FUNDING 13. CONGRESSIONAL DISTRICTS OF: 14. TYPE OF APPLICATION A -Neer t^ttewten [- M*0r+ra1 a- Ra'w.t a cA^r+'.s°n BAbr epprWiK i11t1/ a -,L,. FEDERAL Is 2,043,000-00i a. APPLICANT b. PROJECT b. APPLICANT 227, 000.00 3rd 3rd c. STATE .00 15. PROJECT START 18. PROJECT DATE Year month day DURATION d. LOCAL •00 1988 09 3 12 e. OTHER 00 I 18. DATE DUE TO Year month day !f _Total S 2,270,000-001 FEDERAL AGENCY ► 19 88 09 30 119. FEDERAL AGENCY TO RECEIVE REQUEST Federal Aviation Administration a. ORGANIZATIONAL UNIT (IF APPROPRIATE) b. ADMINISTRATIVE CONTACT (IF h Denver Airports District Office Craig Sparks c. ADDRESS 10455 East 25th Avenue, Aurora, Colorado 80010 17, TYPE OF CHANGE (Fee )k or 140 A-ra. Dorn F -ar amcoJ: a- aa.eee Daum C .wwm ou.roA N/A D- oea+Ar wars" E- Grnarbn Anlr wwo F= EXISTING FEDERAL GRANT IDENTIFICATION NUMBER 3 -08- 0020 -10 21. REMARKS ADDED 22. To the best of my knowledge and oww. a. TtS, i mid Nw I i%+c wr rn r cn i i rncnrr6ry r THE data in this preapplication /application EXECUT�VE ORDER 12372 PHQS FOR REVIEW ON: APPLICANT are true and correct. the document has DATE anuary , l �7ZO5ts CERTIFIES been duly authorized by the governing THAT► body of the applicant and the applicant W will comply with the attached assurances b. NO, PROGRAM IS NOT COVERED BY E .0.12372 ❑ Y if the assistance is approved. OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ 23. a. TYPED NAME AND TITLE b. SIGNATURE CERTIFYING George A. Gates, Chairman Board w REPRE- N SENTATIVE of County Commissioners 24. APPLICA- Year month day 125. FEDERAL APPLICATION IDENTIFICATION NUMB 26. FEDERAL GRANT IDENTIFICATION Year mmth day 29. ACTION DATE► 19 .00 31. CONTACT FOR ADDITIONAL INFORMA- TION (Name and telephane nunrbrr) .00 .00 .00 month date Year 19 33. REMARKS AUUEU ❑ Ya ❑ No 424 PAGE 1 (Rwi. 4.441 RECEIVED 19 1 27. ACTION TAKEN 26. FUf < ❑ a. AWARDED ❑ b. REJECTED ❑ c. RETURNED FOR a. FEDERAL $ b. APPLICANT AMENDMENT =' U ❑ d. RETURNED FOR E.O. 12372 SUBMISSION BY APPLICANT TO STATE ❑ e. DEFERRED C. STATE d. LOCAL e. OTHER I. TOTAL S ❑ f. WITHDRAWN Year mmth day 29. ACTION DATE► 19 .00 31. CONTACT FOR ADDITIONAL INFORMA- TION (Name and telephane nunrbrr) .00 .00 .00 month date Year 19 33. REMARKS AUUEU ❑ Ya ❑ No 424 PAGE 1 (Rwi. 4.441 a . r SECTION IV- REMARKS (Please reference the proper item number from Sections 1,11 or 111, if applicable) 1. Construct Runway 25 Stopway 2. Expand Aircraft Parking Apron at South Terminal 3. Install Runway End Identifier Lights on Runway 7 4. Reimbursement for Sponsor Acquired Land (Parcels 9, 12b, and 14) STANDARD FORM 424 PAGE 2 (10-75) �' ti DEPARTMENT Of TRmSFORTA _;'FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes X No I tern 2. Will the assistance requested be on Federal land Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Yes X No (Attach Documentation) I tern 3. Percent of Project Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A -95? Clearinghouse responses submitted with Preapplication X Yes No Item 4. Item 9. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date X Yes No Item 5. Families Businesses Is the proposed project covered by an approved Check one: State r comprehensive plan? Local X Airport Master Plan Regional r"' X Yes No Location of plan ­Eagle County Airport Item b. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Featral Land Yes X No Percent of Project Item S. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? X Yes No provided. FONSI approved by FAA on May 13, 1983. Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or forms? Families Businesses Yes X No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Fens $100.100 16-7111 SUPERSEDES FAA FORM SIMto PAGES I TMRU 7 Poge C, 0 1 � DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04 -RO209 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The land surrounding and adjacent to the airport property is zoned agricultural. Although there have been proposals for residential development around the airport, the County, through its technical review process, and an aggressive land acquisition program, has been able to preclude any incompatible land use. The County Planning Office and the Planning Commissin jointly review land development requests, with the ultimate decision made by the County Commissiners Such items as flight patterns, clear zones, approach zones and future airport development are utilized in the review process The County has recently purchases land adjacent to the airport to accomodate development of a new runway system and to assure protection from incompatible land use in the airport env ng eiaults. —The Sponsor is not in default on any obligation td the United States or any agency of the United States Govern- . D ment relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. —There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land. —(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A ": There has been no change in the property interest held by the Sponsor as shown on the attached Exhibit "A" since AIP Project No. 3 -08- 0020 -09. No encumbrance, or other adverse interests exist on the property interest held by the Sponsor as shown on Exhibit "A ". *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests Of every kind and n¢ture, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100 -100 (4 -76) Page 3a cll� C'111 DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMS NO. 04-R0209 PART II • SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney of title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The 'ponsor will acquire within a reasonable time, but in any event prior to the start of anv construction wolk under the Project, the following property interest in the following areas of land* on which such construction kohl; is to be performcd. all of which areas are identified on the aforementioned property map designated as Exhibit None (c) The Sponm)r will acquire within a reasonable time, and if feasible prior to the completion of all construction work undee the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the .Airport as it will lie upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A ": None 1. Exclusive Rights. = There is no ggrraant of an exclusive right for the conduetof any aeronautical activity at any airport owner or ►•►►ntmlled by the -pontor except as folluwr: None ".titate character nj property interest in each area and list and identify for each all exreptiuns. encumbrances, and adverse interes. of Prery kind and nature, including (ions. easements. teases, etc. The separate areas of land need only be identified here by th area numbers shown on the property map. FAA Form 5100 -100 (4•70) Pop 31 DEPARTMENT OF TPANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80•RO184 PART : BUDGET INFORMATION — CONST CTION SECTION A - GENERAL .,.Federal Domestic Assistance Catalog No.............. 20.106 2. Functional or Other Breakout ................... . N/A SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or H 1. Administration expense $ $ $ 1 000 2. Preliminary expense - 3.. Landtstructures, right -of -way 4. Architectural engineering basic fees 107,940 5. Other architectural engineering fees 6. Project inspection fees 123,360 7. Land development 505,850 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 1 10. Demolition and removal 11. Construction and project improvement 1,531,850 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 2,270,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 2.270,000 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 2,270,000 20. Federal Share requested of Line 19 2,043,000 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 2,043,000 23. Grantee share 227,000 24. Other shares ,'25. Total project (Lines 22, 23 & 24) $ Is IS 2,270, 000 FM FOrm 5100.100 (6 73) SUPERSEDES FAA FORM 5100• -10 PAGES 1 THRU 7 Pogo 4 c C DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-ROISA FAA Form 5100 -100 (6 -73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 5 sAn ec 75-0232 SECTION C — EXCLUSIONS 26 Classification Ineligible for Participation I Excluded from Contingency Provision a. $ $ b, c_ d.. e. I. g• T orals $ $ SECTION D — PROPOSED METHOD OF FINANCING NON- FEDERAL SHARE 27. Grantee Share S 227,000 a. Securities b. Mortgages c. Appropriations (By Applicant) 227,000 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) 227,000 h. TOTAL — Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL S 227,000 SECTION E — REMARKS The 1. 2. 3. following items are incorporated by reference: Exhibit "A" Property Map (attached) Title VI Assurances (attached) Plans and Specifications for AIP Project No. 3 -08- 0020 -10 PART IV PROGRAM NARRATIVE Attach — See Instructions FAA Form 5100 -100 (6 -73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 5 sAn ec 75-0232 cl, I T PART O. LSSURANCES Airport and Planning Agency Sponsors A. GenT eral 1. These an= -ances shall be complied with in the performance of the folloulat 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 Act of 1982 as amended by the Airport and Airway Safety and Capacity Expansion let 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" leans 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 pert 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 let of 19829 as amended. 4. U po n acceptance of the gr ant offer by the sponsor, these assurances / are incorporated in and become part of the grant agreement. B. Duration and Applicability 1. 2. Airport Development or Noise Program Implementation Proiects Undertaken by 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 exclusive 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. Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of 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. C x 2 3. Airport P1.anning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 29 39 59 69 139 189 30, 34 339 and 34 in Section C apply to plaaaing projects. The terms, oaeditions and assurances of the grant agreement shall remain in full faro* and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et sec. b. Davis -Bacon Act - 40 U.S.C. 276(a), st sue. 1/ — e. Federal Fair Labor Standards Act - 29 U.S.C. 201, et m. d. Hatch Act - 5 U.S.C. 1501, et M.1/ "- e. Uniform Relocation Assistance and Real Property Acquisition Policies let of 1970 - 42 U.S.C. 4601, et seq. 1/ 2/ f. National Historic Preservation Act of 176Seoti7on 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(a) - 42 U.S.C. 4012x. 1/ i. Rehabilitation Act of 1973 - 29 U.S.C. 794. J. Civil Rights Act of 1964 - Title 9I - 42 U.S.C. 2000d through d -4. k. Aviation Safety and Noise Abatement let of 19799 . 49 U.S.C. 2101, at in- 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 aeg. et sue. o. Powerplant 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. 327, et seq. 1 / q. Copeland Antikickback Act - 18 U.S.C. 874. 1/ r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et M. 1 / s. Endangered Species Act - 16 U.S.C. 668(a), et sec. 1/ t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.. 7/ u. Merchant Marine Act, 1936 - 42 U.S.C. 1241(hf. 1/ T' 1/ These laws do not apply to planning projects. 2/ These laws do not apply to private sponsors V 3 Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs Executive 0rder 11246 - Equal Employment Opportunity 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 Act 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 Ccmpliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally- assisted Contracting Requirements). �. 14 CFR Part 150 - Airport Noise Compatibility Planning. Y. 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 Gcvwnments . • b. A -102 - Uniform Requirements for Assistance to State and Local Governments.* c. A -128 - Audits of State and Local Governments. e 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. It 4 Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibilift and Authority of the Sponsor. a. Public Agency Sponsor: 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 coats 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. u. Good Title. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisf actory 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 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 claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise program 5 Implementation project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, condition, and assurances in the grant agreement without approval by the ,Moretary. If the transferee is found by the Secretary to be eligibft mder the Airport and Airway Improvement Act of 1982 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 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 compliamae 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 oamunitles in or near which the project may be located. B. Consul tatiaw idth Users. In making a decision to undertake any airport developmenb.ect under the Airport and Airway Improvement Act of 1982, it has and reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearin. 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 Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act 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 than 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 of the coe the project supplied by other' `urces, 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 U.S. General Aecouoilai Office publication entitled Guidelines for Financial and Complltoe 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 $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis- - Bacon Act, as amended (40 U.S.C. 276a-- 276a -5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the 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) and (2) of the Airport and Airway Improvement let 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 wader 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 8 In an approved ject application to inspection I approval by the r Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such-oost and progress reporting by the sponsor or sponsors Of such project as the Secretary shall deem necessary. 18. Plannint lrsjeets. 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 similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. e. 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 maka 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. Operatiot; and !Maintenance. a. It vill 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 nonaeronautical 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. M 9 In furtherance of this assurance, the sponsor Will have in effect at all t.izes arrangements for— (1) OpWlating the airport's aeronautical facilities whenever regadred; (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 airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, 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 Nondiscrimination. a. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of 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 ° (1) to furnish said services on a fairt equal-,, and not unjustly discriminatory basis to all users thereof, and (2) to ehsrge f air, reasonable, and not unjustly discriminatory Woes for each unit or service, provided, that the contractor aW be allowed to make reasonable and nondiscriminatory d1soounts, 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 or 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. 0 11 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to tie public. For purposes of this paragraph, the providing of swWags at an airport by a single fined -based operator shall not be oonstrW as an exclusive right if both of the following apply: (1) It would it unreasonably costly, burdensome, or impractical for more than one ftze&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 fined- 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 239 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 pert 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 19829 the Federal Airport lot 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. C r 12 26. Reports and Inspections. It will submit to the Secretary such annual or special Man eial and operations reports as the Secretary say reasonably request. r! airport development projects, it will also sake the airport and all airlift records and documents affecting the airport, including deeds, leelesg 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 Aircraft. It.will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to exist when operations of such aircraft are in S=ess 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 camdFunication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, C J 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 noaaviation 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- ments thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following P&iods: (a) the period during which the property is used for a purpose for which Federal finan- cial assistance is extended, or for another purpose involving the provi- sion of similar services or benefits or (b) the period during which the spamer retains ownership or possession of the property. 31. } e e c 14 Disposal of Land. a. for land purchased under grant before, on, after December 30, 1987 for airport noise compatibility purposes, it will dispose of the lard, when the land is no longer needed for such purposes, at fair sarlat value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United _States share of acquisition of such land will, 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, 19879 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. r 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 I% 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 whi'eh 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. C" 15 34. Policiost Standardst and Specifications. it will carry out the project in accor th policies, standards, and specifications approved by the Secretary 3"laiing but not limited to the advisory circulars listed below, and in accardam* frith applicable state policies, standards, and specifications approved by the 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 Communications 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 Snowsweeper 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 Equipment: 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 -12A Methods for the Desiga, Construction, and Maintenance of Skid Resistent Airport Pavement Surfaces 150 /5320 -14 Airport Landscaping for Noise Control Purposes 150/5325 -4 Runway Length Requiremrants for Airport Design 150 /5340 -1E Marking of Paved Areas on Airports 150/5340 -4C Installation Details for Runway Centerline Touchdown Zor Lighting Systems 150 /5340i.-5a Segmented Circle Airport Marker System 150/5340 -1J Economy Approach Lighting Aids 150/5340 -17B Standby Power for Non -FAA Airport Lighting Systems 150/5340 -18B Standards for Airport 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 r � 16 Humber Subject 150/5345 -3D Specification for L -821 Panels for Remote Control of Airport Lighting 150/5345_51. Circuit Selector Switch 150/5345 -7RH 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 -8539 Runway and Taxiway Center- line Retroreflective Markers 150/5345 -42B FAA Specification L-8579 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 .r 3 STANDARD DOT TMJ TI ASMAM Eagle County, Colorado * (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Trwwportation (DOT), it will ocaply with Title V= of the Civil Rights Act of 1964 (42 U.S.C. 20004 et.N .) and all requirements imposed by 49 M Part 219 Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Erfectuation of Title P1 of the Civil Rights Act of 1964 thereinafter referred to as the "Regulations ") to the end that no person in the Oohed States shall, 00 the ground of raee, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will IME diately take any measures necessary to effectuate this agreement. Without limiting the above genersl assurance, the Sponsor agrees concerning this grant that, 1. Each "program" and "facility" (as deflut.in Sections 21.23(s) and 21.23(b)) will be conducted or operated in 000plianee with all requireaents of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part Of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the fora or for the acquisition of real property or an interest in real property► the assurance shall extend to rights to space an, over, or under such property. S. It will include the appropriate clauses set forth SA Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, peraits, licenses, and similar agreeaents entered into by the the Sponsor with other parties I (a) for the subsequent transfer o! real property acquired or improved with Federal financial assistance under this Projecti and (b) for the construction or use of or access to space an, over, ar under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which federal fiamm• cial assistance is extended to the program, except where the Federal financial assistance is to provide, or la in the tam 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 periodst *`tame of Sponsor (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 pro. vision of similar services or benefitsl or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to.give reasonable guarantee that it, other sponsors, subgrantess, contractors, subcontractors, transferees, successors in interest, and other par-' t1cipant3 of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this'Projeet and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other par- ticipants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. BY -Eagle Count X, Colorado sponsor George A. Gates,,Chairman Eagle County Board of County Commissioners .0-1- COp'lltACM ClsdT AMA 1!lQOillQ�i! i 1 pur'w the osefsrw ee of tau as %Mt, the awtraetwe tar itself, its asstpoes and sweeseers is satervat (bo" Umnr rotwq%d to a. tae •aeetraoter') mesa as fouanr l 1. cmitaaee +vita Wosulatisns. The ewtrastsr Yell aw17 vita to {srLtiws roLsiw to aseilsorlaliantis L federally assisted proQase at we peoartsent of ?rMsowtatio+ (heralaafter, 'wrl Hilo a1, Cede at tedw"al 11o018tiees, Past 21, as t"T say be asooded from tins to tun (heralAatter refaerod to as tas kwulattens), votes are bersis tasorprnted IF roterasee ad same a port of tats sootrost. 2. tendiserlai"elen. TM sworeeter, vita rid to the were M wood b is 4artma tae a"traes, MU sea diserudasts s as pwads of rase, aelar, or national arisen to tae sal"ties asd rosat%M at &AbMtraetWe, iaeluNNG We- auresonts of astrtals and losses of equisuns. The aoatraater $hall net pares t1stsete attbor 4iroet17 or lodiraetly is lets duarisiastis prebUtted b soettae 21.5 of the 10platiau, la.ludias valervent ""%is" rhea the o"trast severs a props set tarts is Apoaoals 11 at ws /o"lassss. 36 2 S Ter - vie■ent. to all ieliattstioes sitar vy aeesetitiw Oiddlat OF Msettatian sods oy tae oontrsoter for verlc to to vWfww =dr a ftbosetraat, %merman Wworw smats of sterials or losses of equipo.nt, saes potatial subs" raetor or aoolior emu we Gaoled d7 as orotrsstor at the aestraster's saliptisns mew taia oeatrsot and tae 24"latiss relasiw t• anduarmasti n a tae pods of racet solar, or easisal wtg". - S� 2•,te�rttae sad II !'!s orstra tar *All pveviM all tatwostia a" repots rehtSrea e7 tae NOCAJASUMB or 4L"Mtiws issued pWVANt terste d Neu pomit ae.s» to its %east r ewda, Woonts, agar aeurvea of Wervatias, MA its fasattles as .may be 4ssarraN by tas spesser w eso Federal buttes "Maistraties (M) to be ps "UMS to asertais "Ounce vita era Ibplatiss, sraws, at UNtreotiaas. Mina any Werrtiol requiros of a ooatraeter is is the anbasiw psw.esias at rather was fair W roAMS to Mrs Appropriate, tatats tad • tan aetsmelor small mar sortlt7 to an sMrsor or us You act form vasd aRorss it ess mess to oasis tas istersaties. S. bmtem far aseeNiisssl• L aw evert, or too swtroster's sse ses>♦l SNO vita son enrasaerWtaat M PrOOM RS 110 thin awsraot, tae Mar emu UPOW mob appM�rprlsN• ZMLMiat� mat rrssiiritos v ar tar ►L r7 Ncarsias 1rM M s. USa MMU16 of parmts to tar eMSroolor der too es""s MS14 tan OMWMAar awllN, Mwor a. fr"isolLtia, fwLsrti•, ar sti.pesniss •t tea aasSroat, la ,Old r I& poA. `• 10 OWSM1W Mull %Mums %as �toaa at dyrapsa trrwis L1 0 MuaoortrNt• laolydSsC freeurvarn ass Isaacs of o�O1pMM • usLM esAs R d he"U$tase r dirsesivee isoradf pw+ MOMS veleta. a. aM " tae spsas.r r tar iY sop Ure.s u atmew st sesames ar p'' VWUI M jabMult vseatiaso far Mose"llm". P".- aotsretae PAO AW asreaor, tart Sa we "Ma a aMSSraetor 5 am$ Savelws la• r L eewaaMr s us r dsa • Meoattwetar w Holier Y a rovelt at raft direstisr• lama uritseter rr� rwwat tee !Vanua" to star Saw Mess litipatis to prosws tae MUM tasor..as of ssn Wassr aM, w sNisies• sae aMSrs.tar d W^a'wtarWQ�sar slates. Slat" M $Mar U06 seas 1ltipsloa to p.ateas tan Unro.ts rm felled elawM aboli to taalttied to deeds, llorao, lama, A"attt• o •sauce tarsr+ owto .sand Lse ry we fpmw pvrsaoas to We p w iataoa at smww r S(a) art S(b). Is ra (@mesa, usmses, laoaoe, prottes, eta., w ammewtate) for hiaaell, us hNrs, perseaal rep I mutttme, aumeesaers to tatarest, wed saatoo, as a pot of w waaidersts" barest, dace barmy wmmt mad W" (la tra am of am" mad loss" W `eo a =Vann PUMA" Vita w. 1&"S) that to wo @mess faetlssteo w atoatrwted, t•iatatsN, ar atbar- Vaae spent" as to gait p oat, daomribmt L tisa Wooed, usaooe• Lae, par"t, %e•) tar a p rpre hr %tar a wr pnlo w asurlty L ataoded w tar wasaw pa-pose tavel" as wwm"m et "Ur mmr*iaee ba"flu, tow (!steam, lissome, Uwe", paagatoe, eta.) emu aatatasa sad ederats awa restutiee mid aerv%ow to ealsaoee vita all meals r" w<tssoeta t•asad poavaat, v 49 dw Art As IWASaarIMILM lw to rodomil! &mated !sonar at Vie DoOL— at W Im"Portatlas, mod w aosd MCA"% a o ws he a■sdad. t. "a (~40, L simmit a, 1Meee, paa."tae, eta., w "go'wruta) for hsaaew, us porommi rmpreeaotattm, w»eeaaen !t tasaremt, mod wat%o, w a pace at tbo smolderatts barest, lose eomy a vw % am aw" (L the ease at deeds sad loomed aft 'to a aneoaos rommus Vita t%e LAO) tbass (1) we parts as tae ovis" of nee, aalar, w aatsoaal orsita aasll be aoluded t'ra• partsaspattm too dated tai bo ents of, w me sthenriw aubj«tad to dtaarAloattaa to woo as of acid heilitlae, (2) tags is us eaaatr" is at My togro m mU =9 e+o, or V"w swo Lam a" wm rw%uum at aar+saao therms, w pw4m a the Ada st r.ee, molar, or eatlarl aritia arsll to aaaluded trs porttatpotia ta, Boded the baaetua et, ar etaw4ss be subjected to dtaartaLmum, (3) was tae (�eiasw, usaooae, laaeee, paesstae, no.) emu we the prstaae to estLtanee Atr ILU oaaar rMntriaata um maed y w prsraat to N cn M 2l• aartdiastataatime to "mermll7 wataeed %"%" ed m o ompa comet et Vmjm eatsaa, mw/ w aasd YVlatteda at M awted. I XC I DEPT. i `fir0al. To WONTIP,