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HomeMy WebLinkAboutBush Field Airport Augusta Richmond GA DOCUMENT NAME: fuSD Y\d6 I\\'(?J'(\- DOCUMENTTYPE:~~~1- YEAR: ~l BOX NUMBER: 03 FILE NUMBER: \ ~ I NUMBER OF PAGES: \9 '. ,- ~ GRANT AGREEMENT U. S. Department of Transportation Federal AvlatJon Administration o ate of Offer: Project Number Contract Number September 10, 1997 3-13-0011-17 DTFA06-97-A-80165 RECIPIENT: The City of Augusta {Herein called Sponsor} Airport Bush Field Airport. '_. OFFER as more particularly described in the Project Application dated September 5, 1997. The maximum obligation of the United States payable under this Offer shall be $1,100,320 for airport development This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor. Special Condition It is understood and agreed that no payment will be made on the gas line relocation until such time as the Federal Aviation Administration makes. a determination regarding eligibility and it is agreed that if a determination is made that the item is not eligible the as line relocation will be deleted by a letter amendment . Airports District Office UNITED STATES OF AMERICA FEDERAL A VIA TJON ADMINISTRATION =-. 2 . -,ent "r erms sentative ~, ~ Title CERTIFICATE OF SPONSOR'S ATTORNEY I, ;:J;Mec 7:. WOo) J . acting as Attomey 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 Georgia. 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 Sponso~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 Title 49 U.S.C, 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 said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms f, < / \ ~ 2fI. /997 Date . , " L :; >,/- /,'- : ....~ /)' . ~ June 2. 1997 U. S. Department 01 Transportation Federal Aviation Administration 'TERMS AND. CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS This document contains the tenns and conditions of accepting Airport Improvement Program (AlP) grmts from the federal Aviation Administrauon (FAA) for tire purpose of carrying out the provisions of Title 49. United Stites Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this doament.. The tInDs and conditions may be unilaterally amended by the FAA. by notification in writing. and such amendment will only apply to grmts aca!pted after notification. L DEfiNITIONS A. Sponsor. An agency that is legally, financiaUy. and otherwise able to assume and carry oat me C2rtifications. representations, warranties, assurances. covenants and other obligations required in this document and in me accepted Grant Agreement. 8. Project. Work as identified in the Grant Agreement. C. Primary Airport. a commercial service airport the Seaetary of Transportation ~es to have more than 10,000 passenger boardings each year. \ IL CERTIFICA nONS Section 471 05(d). Title 49 of the United States Code authorizes the Secretary to require certification tram sponsors that they will comply with statutory and administnltive requirements. The following list of certified items incfudes maF requirements for this aspect of project implementation. However, the list is not comprehensive. nor does it relieve sponsurs from fuIr complying with all applicable statutory and administrative standards. In accepting a grant the Sponsor certifies that ead! of the folowinv items wiD be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the SpoDSIIl' mu.st fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants General'procurement standards for consultant services within Federal grant programs are desaibed ia 49 CfR 18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to specific standards"in 49 CFR 18 aod Advisory Circular 15015100.14. 1. All advertisements will be placed to ensure fair and open competition from a wide area of iaterest.. 2. For any and all contracts over $25,000. consultants wiD be selected using competitive pnac:edures based QG qualifications, experience, and disadvantaged business enterprise requirements with me fee determined through negotiation. 3. An independent cost analysis will be performed. and a record of negotiations wiD be prepared reflec:tiov the considerations involved in the establishment of fees for all engineering contracts with basic service fees exceeding $25.LDJ. 4. If any services are to be performed by sponsor force account personnel prior approval must be ob... from FAA. 5. All consultant services contracts wiD clearly estabrlSb the scope of work and delineate the divDioa of responsibilities between aU .. with the dimensions shown on the project sketch/ALP. The coardinates will be in terms of the North American Datum of 1983. I 1. All site elevations on Airport Layout Plan (ALP) revisions iIlId proposals for construction clearance will be within + H]'l foot vertically and the vertical datum will be in terms of the Natioll1ll Geodetic Vertical Datum of 1929. C. Sponsor Certification for Equipment/Construction Contracu Standards for advertising and awarding equipment and constrUCtion contracts within Federal grant programs are described in 49 CFR 18,36. Sponsors may use their procurement procedures retJecIiuJ State and local laws or regulations provided procurements conform to ~pecific standards in 49 CFR 18 and Advisory Circulars 150/51~. 150/5100.15. and 150-5100-16. 1. A code or standard of conduct will be in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awar~ing procurement contracts. 2. Qualified personnel will be engaged to perform contract admiDstration, engineering supervision. and construction inspection and testing on all projects. 3. All procurement will be publicly advertised using the competitive sealed bid method of procurement. If procurement is less than $100,000, project may use three (3) quote method. 4. All requests for bids will clearly and accurately describe all administrative and other requirements of the equipment and/or services to be provided. 5. Concurrence will be obtained from FAA prior to contract award under any of the circumstances: a. Only one qualified personlfirm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive and responsible bidder, \ c. Ufe cycle costing is a factor in selecting the lowest respoasive bidder. d. Proposed contract prices are more than 10% over the spOllS4r's cost estimate. 6. All contracts eJceeding $100.000. require a bid guarantee of 5'. a performance bond of 100%. and a payment bond of 100%. 7. All contracts uceeding $100,000 will contain provisions or CllOditions specifying administrative. contractual and legal remedies. including contract termination, for those-instances in which contractors violate or breach contract terms. They also will contain provisions requiring compliance with applicable standards and retPrements issued under Section 306 of the Clean Air Act (42 USC 1857(h)). Section 508 of the Clean Water Act (33 USC 1368), Em:utive Order 11738. and environmental protection regulations (40 CFR Part 15). 8. All construction contracts involving labor will contain provisillllS insuring that in the employment of labor preference will be given to honorably discharged Vietnam era veterans and disabled veterans. 9. All construction contracts uceeding $2.000 will contain provisiGns requiring compliance with the Davis-Bacon Act and bid solicitations will contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 use 327.330) and the Copeland. Anti.Kick Back. Act will be included. 10. An construction contracts eJceeding $10,000 win contain appropriate clauses from 41 CFR part 60 for compliance with Equal Employment Opportunity Encutive Order 11246. 11. All contracts and subcontracts will contain clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprises. 12. AppTopriate checks wiD be made to as3Ure that contracts or mbcontracts are not awarded to those individuals or firms suspended. debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified list. D. Sponsor Certification for Real Property Acquisition Requirements on real property acquisition and relocation assistance are in 49 CFR 24 and th:; ;;,~iform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). 1. Good and sufficient title will be held on property in any and aU projects. The sponsor's attorney or other official will prepare and have . on. tile title eVidence on the property. 2. If defects and/or encumbrances exist in the title which adversely impact the sponsor's intended use of property in the project. they will be extinguished. modified. or subordinated. 3. If property for airport development will be leased. the term is for 20 years or the useful life of the project. The lessor is a public agency and the lease contains no provisions which prevent full compliance with the grant agreement. 4. Property will be in conformance with the current Exhibit A (property map). The property map is based on deeds, title opinions, land surveys. the approved airport layout plan. and project documentation. 5. For any and all acquisition of prop.etty interest in noise sensitive approach zones and related areu, property interest wiD be obtained to ensure land is used for purposes compatible with noise leveb associated with operation of the airport. 6. For all acquisition of property interest in runway protection zones and areas related to FAR Part 77 surfaces, property interest will be obtained for the right of flight, right of ingress and egress to -remove obstructions. right to make noise associated with airaah operations. and to restrict the establishment of future obstructions. -\ 7. All appraisals will include valuation data to estimate the current market value for the property interest acquired on each parcel and will be prepared by qualified real estate appraisers hired by the sponsor. An opportunity will be provided the property owner or their representative to accompany appraisers during inspections. 8. All appraisals will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation. All written appraisals and review appraisal will be available to FAA for review. 9. A written offer to acquire property will be presented to the property owner faT not less than the appToved amount of just compensation. 10. Every effort will be made to acquire property through negotiation with no coercive action to induce agreement. If negotiation is successful. project files will contain supporting documents for settlements. 11. If a negotiated settlement is not reached. condemnation wiD be initiated and a court deposit not less than the just compensation will be made prior to possession of the property. Project files will contain supporting documents for awards. 12. If displacement of persons. businesses. farm operations. or nonprofit organizations is involved. a relocation assistance program will be established. Displaced persons will receive general information in writing on the relocation program. notice of relocation eligibility, and a 90 day notice to vacate. 13. Relocation assistance services. comparable replacement housing. and payment of necessary relocation expenses will be provided within a reasonable time period for displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance General requirements for final acceptance and dose-out of Federally funded construction projects are in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. All personnel engaged in project administration, engineering supervi!ion. and con!truction inspection and t~ting will be determined to be qualified and competent to perform the work. 2. All daily construction records win be kept by the r~ident engineer/construction inspector. Th~e records document work in progms. quality and quantity of materials delivered, t~t locations and r~ults. instructions provided the contractor, weather, equipment use. labor .requiremen~. safety problems. and chang~ required. 3. . All weekly pay roD records and !tatement! of compliance wiD be submitted by the prime contractor and reviewed by the sponsor for Federal labor and civ11 rights requirements (Advi.my Circular 150/5100-6 and 150/5100.15). 4. All complaints regarding the mandated Federal provisions !et forth in the contract documents will be submitted to the Department of Labor. 5. All t~ts specified in the plans and specifications will be performed and the t~t fl!!ults documented. A summary of t~t results will be available to FAA. 6. For all t~t r~ults outside allowable toleranc~, appropriate corrective actions will be taken. 7. All payments to the contractor wiD be made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the r~ident engineer. If appropriate. aU pay reduction factors required by the specifications will be applied in computing final payments and a !ummary of pay reductions wiD be available to FAA. 8. All projects will be accomplished without significant deviations. chang~, or modifications from the d~eloped plans and specifications, eJlcept where approval will be obtained from FAA. . 9. All final project inspections will be conducted with repr~entatives of the sponsor and the contractor. Project fil~ will contain documentation of the final inspection. 10. All work in the Grant Agreement will be physitally completed and corrective actions required as a r~ult of the final inspection will be completed to the satisfaction of the construction contract and the sponsor. 11. As.built plans and an equipment inV1!f\tory.if applicable. will be maintained as sponsor records. If requ~ted. a revised airport layout plan will be made available to FAA prior to start of development 12. All applicable close-out financial reports will be submitted to FAA within three (3) years of the date of grant. F. Sponsor Certification for Seismic Design and Construction 49 CFR Part 41 sets forth the requirements in the d~ign and construction of the building{s) to be financed with the assistance of the . Federal Aviation Administration. Comp6ance will be met by adhering to at least one of the following accepted standards: a. Model cod~ found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) including: (1) The 1991 International Conference of Building Officials UBCO) Uniform Building Code. published by the International Conference of Building Officials, 5360 South Workman MiD Road. Whittier, California 90601. (2) The 1992 Supplement to the Building Officials and Code Administration International (BOCAl National Building Code, '.. ~.. published by the Building Officials and Code Administrators. 4051 West Aoumoor Road. Country Club Hills. Illinois 60478.5795. (3) The 1992 Amendmenu to the Southern Building Code Congress (SBCCl Standard Building Code. published by the Southern Building Code Congress International.SOO Montclair Road. Birmingham. Alabama 35213.1206. L. ;;evisiOlls to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions. as it is updated. may be approved by the DOT Operating Administration to meet the requiremenu of 49 CFR Part 41. c. State. county. local. or other jurisdictional building ordinances adopting and enforcing the model codes. listed above. in theiT entirety. without sig~iticant revisio~ or changes in the direction of less seismic safety. meet the requirement of 49 CFR Part 41. III. GENERAL CONIJrTIONS A. The allowable costs of the project shall not include any cosU determined by the FAA to be ineligible for consideration under the Title 49 U.S.C.. 8. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regu'atio~ and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the tinaraudit of the total amount of allowable project costs. and settlement will be made for any upward or downward adjustmenu to the Federal share of costs. C. The Sponsor shaD carry out and complete the Project without undue delays and in accordance with the terms hereof. and such regulations and procedures as the Secretary shall prescribe. O. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its accePta~e by the Sponsor. E. A grant offer wiD expire. and the United States shall not be oh6gated to pay any part of the casU of the project unless the grant offer has been accepted by the Sponsor on or before 30 days after the grant offer but no later than September 30 of the federal tiscal year the grant offer was made. or such subsequent date as may be prescribed in writing by the FAA. F. The Sponsor shaD 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 maMer' in any project upon which Federal funds have been expended. For the purposes of this grant agreement. the term 'Federal hmd3- means funds however used or disbuTsed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share. including funds recovered by settlement order or judgment, to the Secretary. It shall furnish to the Sea-etary. upon request. an 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. An settlements or other tinal positions of the Sponsor. in court or otherwise. involving the recovery of such Federal share shall be approved in advance by the Sea-etary. . G. The United States shall not be respo~ible orfiable for damage to property or injury to perso~ which may arise from. or be incident to. compfiance with a grant agreement. H. If. during the life of the project, the FAA determines that a grant amount exceeds the expected needs of the Sponsor by $5.000 or five percent (5%), whichever is greater. a grant amount can be urulaterafly reduced by letter from FAA advising of the budget change. Conversely. with the exception of planning projects. if there is an overrun in the eligible project costs. FAA may increase a grant tD cover the amount of the overrun not to exceed the statutory fifteen (15%) percent limitation for primary airports or either by not more than fiheen percent (15%) Df the original grant amount or by an amount not to exceed twenty. five percent (25%) of the total increase in allowable project costs attributable to the acquisition of land or interests in land. whichever is greater. based on current credible appraisals or a court award in a condemnation proceeding for non-primary airports. FAA win advise the Sponsor by letter of the increase. PlaMing projects wiD not be increased above the planning portion of the maximum obligation of the United States shown in the grant agreement. Upon issuance of either of the aforementioned letters. the maximum obligation of the United Statl!3 is adjusted to the amount specified. In addition, the Sponsor's officially designated reprl!3entative, is authorized to request FAA concurrence in revising the project dl!3cription and grant amount within statutory limitations. A letter from the FAA concurring in the said requl!3ted revision to the project work descriPlion and grant amount $;Jiii. constitute an amendment to a Grant Agreement. I. If requl!3ted by the Sponsor and authorized by the FAA, the fetter of credit method of payment may be used. It is understood and agreed that the sponsor agrees to request cash withdrawals on the letter of credit only when actuaDy needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision '!lay cause the letter of credit to be revoked. J. Unless otherwise approved by the FAA. it wiD not acquire or permit any contractor or subcontractor to acquire any steel or manufactured pr~ducts produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this condition. K. If a grant agreement includl!3 pavement work that equals or exceeds $250,000, the sponsor will perform the following: 1. Furnish a construction management program to FAA prior to the start of construction which shaD detail the measurl!3 and procedurl!3 to be used to comply with the. quality control provisions of the construction contract. including, but not1imited to. all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: a. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the '~ntract. b. Names of testing laboratoril!3 and consulting engineer firms with quality control responsibilitil!3 on the project, together with a description of the services to be provided. c. Procedures for determining that testing laboratoril!3 meet the requirements of the America:! Society of Testing Materials standards on laboratory evaluation, referenced in the contract specifications (03666. ClOn). d. Qualifications of engineering supervision and construction inspection personnel. e. A listing of all tests required by the contract specifications, including the type and frequency of tl!3ts to be taken. the method of sampling. the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. I. Procedures for ensuring that the tests are taken in accordance with the program. that they are documented daily, that the proper corrective actions. where necessary, are undenaken. 2. Submit at completion of the project. a final test and quality control report documenting the results of all tests perlormed, highlighting those tl!3ts that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out-of-tolerance material. An interim tl!3t and quality control report shall be submitted, if requl!3ted by the FAA. 3. Failure to provide a complete report as described in paragraph 2. or failure to perform such tests, shall. absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the appficable pavement. Such reduction shall be at the discretion of the FAA and wiD be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. 4. The FAA, at its discretion. reservu the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor tests results are inaccurate. l. . For a project to replace or reconstruct pavement at the air ~Oi i, the sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the usefuJ fife of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimwn. the program must conform with the provisions in the attached outline entitled .Pavement Maintenance Management Program". IV. ASSURANCES A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49. U.S.C~ subtitle VII. as amended. As used herein. the term .public agency sponsor: means a public agency with control of a public-use airport the term .private sponsor. means a private owner 01 a pubfic-use airport and the term .sponsor. includes both pubfic agency sponsors and private sponsors. 3. Upon icceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken ~y a Public Agency Sponsor. The terms. conditions and assurances of the grant agreement shall remaia in full force and effect throughout the useful fife of the facilities. developed or equipment acquired for an airport development or noise compatibility program project. or throughout the useful fife of the project items installed within a facifity under a noin compatibility program project. but in any event not to exceed twenty (201 years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no fimit on the duration of the assurance against exclusive rights or the terw, conditions and assurances with respect to real property acquired with Federal funds. Furthermore. the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise CompatibUity Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful fife of project items installed within a facility or the useful fife of the facif/ties developed or equipment acquired under an airport development or noise compatibility program project shall be. no less than ten 11 0) years from the date of acceptance of Federal aid for the project.. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1. 2. 3, 5, 6. 13. 18. 30, 32. 33. and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby a.mJI'es 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 requin!rnents as they relate to the application, accePtance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49. u.s.e.. subtitle VIL as amended. b. Oavis.8acon Act - 40 U.S.C. 276(a), at seq.l c. Federal Fair labor Standards Act. 29 U.S.C. 201. et seq. d. Hatch Act - 5 U.s.C. 1501. etseq.2 I. j. k. I. m. n. o. p. q r. s. t. u. v. w. e. Uniform Relocation Assistance and Real Property Acqui.tition Policiu Act of 1970 litle 42 U.S.C. 4601. et seq. J 2 1. National Historic Pruervation Act of 1966 . Section 106 . 16 U.S.C. 470(f).t g. Archeological and Historic Presl!fViltion Act of 1974 . 16 U.S.C. 469 through 469c.l h. Native Americans Grave Repatriation Act. 25 U.S.C. Section 3001. et seq. Clean Air Act Pol. 90-148. as amended. Coastal Zone Management Act, P.L 93.205. as amended. Rood Disaster Protection Act of 1973. Section 100(a). 42 U.S.C. 4012a.l litle 49 ,U.S.C.. Section 303, (fonneriy known as Section 4(01 Rehabilitation Act of 1973.29 U.s.C. 794. Civil Rights Act of 1964. rltle VI. 42 U.S.C. 2000d through d4. Age Discrimination Act of 1975.42 U.S.C. 6101.~. American Indian Religious Freedom Act P.L 95-341. as amended. Architectural Barriers Act of 1968 42 U.S.C. 4151, ~J Powerplant and Industrial Fuel Use Act of 1978. Section 403. 2 U.S.C. 8373.1 Contract Work Hours and Safety Standards Act . 40 U.S.C. 327. et seq.l Copeland Antikickback Act. 18 U.s.C. 874.1 National Environmental Policy Act of 1969.42 U.S.C. 4321. et seq.l Wild and Scenic Rivers Act P.L 9()..542. as amended. Single Audit Act of 1984.31 U.s.C. 7501. ~2 Drug-Free Workplace Act of 1988 .41 U.S.C. 702 through 706. x. Executtve Orders Executive Order 11246 . Equal Employment Opportunity 1 Executive Order 11990. Protection of Wetlands Executive Order 11998. RoodPlain Management Executive Order 12372 . Intergovernmental Review of Federal Programs. Executive Order 12699. Seismic Safety of Federal and Federally Auisted New Building Construction 1 Executive Order 12898. Environmental Justice Federal Regulations a. 14 crn Part 13 . Investigative and Enforcement Proceduru. b. 14 CFR Part 16. Aulu of Practice For FederaUy Assi.tted Airport Enforcement Proceedings. -\ 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 . Procedures for pr!detennination of wage rates. J . e. 29 CFR Part 3 . Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. 1 29 CFR Part 5 . labor standards provisions applicable to contracts covering federally financed and assi.tted construction (also labor standards provisions applicable to non construction contracts subject to the Contract Work Hours and Safety Standards Actl.l g. 41 CFR Part 60 . Office of FederaJ Contract Compliance Progranu. Equal Employment Opportunity. Department of labor (Federal and federally assisted contracting requirements I. 1 h. 49 crn Part 18. Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3 i. 49 CFR Part 20 . New rutrictions on lobbying. j. 49 CFR Part 21 . Nondi.tcrimination in federally-assisted programs of the . Department of Transportation. effectuation of litle VI of the Civil Rights Act of . 1964. . k. 49 CFR Pan 23 . Participation by minority business enterprise in Department of Transportation programs. I. 49 CFR Part 24 . Uniform relocation asmtance and real property acquisition for Federal and federally assisted programs. 1 2 m. 49 CFR Part 27 . Nondisaimination oa the basis of handicap in programs and activities receiving or benefitting from Federal fmancial assistance. 1 n. 49 CFR Part 29 . Governmentwide debarment and suspension (non.procurement) and governmentwide requirements for druv-free workplace (grants). o. 49 CFR Part 30 . Denial of public worb contracts to suppliers of goods and services of countries that deny procurement martet access to U.S. contractors. p. 49 CFR Part 41 . Seismic safety of Federal and federally assisted or regulated new building construction. 1 Office of Management and Budget Circular. . a. A.87 . Cost Principles Applicable to Grants and Contracts with State and local Governments. b A.128 . Audits of State and local Governments. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMS Circular A-87 contain requirements for State and local Governments receiving Federal assistaace.. Any requirement levied upon State and - lo~al Governments by this regulation aad circular shall also be applicable to private sponsors receiving Federal assistance UDder TItle 49, United States Code. Specific assuran.ces required to be included in grant agreeml!DtS by any of the above laws, regulations or circulars are incorporated by reference in the grant agreemeat. 2. RespohsibiJity and Authority of the Sponsor. a. Public Agency Sponsor: It has legal wority to apply for the grant. and to finance and carry out the proposed project; that a molution, motion or similar action has been duly adopted or passed as an official act of th, applicant's governing body authorizing the filing of the application. inc/udinlNlll understandings and assurances contained therein. and directing and authorizing the person idemffied as the official representative of the appticant to ad in connection with the application and to provide $\Ich additional information as may be required. b. Private Sponsor: It has legal authority tD apply for the grant and to finance and carry out the proposed project and comply with aD terms, conditions. and assurances of this grant agreement It shaJJ designate an official representative and shall in writing cf!rect and authorize that person to file this application, including all understandings and assurances contained therein; to act in' connection with this application; and to provide such additioual information as may be required. Sponsor Fund Availability. It has sufficient funds avaUable 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 wiD own or control. 4. Good TItJB. a. It holds good title. satisfactory to t'le Secretary, to the landing area of the airport or site thereof, or wiD give assurance satistxtory to the Secretary that good title will be acquired. " 'b. For noise compatibility program projects tD be carried out on the property of the sponsor. it holds good title satisfactory to the Seaetary to that portion of the property upon which Federal funds win be upended or win give assurance to the Secretary that good title win be obtained. 5. Preserving Rights and Powers. a. It will not take or pennit 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 mannel acceptable to the Secretary. b. It will not sell. lease. encumber, or otherwise transfer or dispose of any part of its title or othel interesu in the property shown on Exhibit A to this appfication or, for a noise compatibifity program project, that portion of the property upon which Fedelal .funds have been expended. for the duration of the telms. conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, hi assume the obligations of the grant agreem'ent and to have the power. authority, and flllancial resources to carry out aH such obfigations. the sponsor shaH insert in the contr!lct or document transferring or disposing of the sponsor's intelest, and make binding upon the transferee all of the terms, conditions. and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by anothel unit of local government or are on property owned by a unit of local government othel than the sponsor. it wiD entel into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms. conditions. and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement, and changes thereto must be satisfactory to the Secretary. It wiD take steps to enforce this agreement against the local government if there is substantial non-campliance with the terms of the agreement . d. For noise compatibility program projecu to be carried out on privately owned property, it wilt enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take st$:S to enforce this agreement against the property owner whenever there is subst~nial nOJH:Ompliance with the terms of the agretiment. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport wiD 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 airpo~ 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 wiD be operated and maintained in accunfance Title 49. United States Code, the regulations and the terms. conditions and assurances in the grant agreement and shall insure that such arrangement also requires compfiance 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 Stats in which the project is located to plan for the development of the 2m surrounding the airport. For noise compatibirrty program projects. othei than land acquisition. to be carried out on property not owned by the airport and over which property another agency has land use control or authority, the sponsor shaD 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. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be loeared. 8. Consultation with Users. In making a decision to undertake any airport development project IDlder Title 49, United States Code, it has undertaken reasonable consultations with aHected 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 aHorded the opportunity for public hearings for the purpose of considering the economic. social. and environmental eHects of the airport or runway location and its consistency with goals and -: objectives of such planning as has been carried out by the community and it shall. when requested by the Secretary, submit a copy of the transcript of sudl hearings to the Secretary. Further, for such projects. it has on its management board either voting reprl!S2l1tation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 1 D. . Air and Water Quality Stdndards. 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 IDeated. designed. constructed, and operated so u to comply with applicable air and water quality staodards. In any cue where such standards have not been approved and where applicable air and water quaity standards have been promulgated by the Administrator of the Environmental Protection Agency. certification shaD be obtained from such Administrator. Notice of certificatioo or refu$a/ ta certify shall be provided within sixty days after the project application has been received by the Seaetily. H. Pavement Preventive Maintenance. With respect to a project approved after January 1. 1995. for the replacement or reconstruction of pavement at the airport. it assures or certifies that it hu implemented an effective airport pavement maintenance-management program and it assures that it wiD use such program for the useful life of any pavement constructed. reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it hu, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49. United States Code. and all the security equipment required by rule or regulation. and hu provided for access to the passenger enplaning and deplaning area of such aport to passengers enplaning and deplaning from aircraft other than air carrier aircraft 13. Accounting System. Audit. and Recordkeeping Requirements. a. It shall keep aD project aCctlllllts and records which fully disclo~ the amount and disposition by the recipient of the proceeds of the grant. the tota; cost of the project in connection with which the grant is given or used. and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accoun1S and records shall be kept in accordance with an accountinQ system that will facilitate an effective audit in accordanr.e with the Single Audit Act of 1984. b. It shall make avaabJe to the Secretary and the Comptroller General of the United States. or any of their duly authorized representatives, for the purpose of audit and uamination. any books, docaments, 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 ComptroOer General of the United States not later than su: (6J months foBowing the close of the fIScal year for which the audit was made. 14. Minimum Wage Rates. It shall include. in aU contracts in excess of $2.000 for work on any projects funded under the grant agreement whicll involve labor. provisions establishing minimum rates of wages, to be predetermined by the Sea-etar( of labor. in accordance with the Davis-Bacon Act. u amended 140 U.S.C. 276a.276a.5). which contractors shaD pay to skilled and unskilled labor, and such minimum rates shaU be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. .It shall include in all contracts for work on any project funded under the grant agreement which involve labor. such provisions as are necessary to iruure that, in the employment of labor (except in executive; administrative, iIId sUPeMsory positionsl. preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However. this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans. specifications. and schedules approved by the Secretary. Such plans. specifications. and schedules shall be submitted to the Secretary prior to commencemenl of site prepar;r':hll, construction. or other plirlormance under this grant agreement. and. upon approval of the Secretary. "hall be incorporated into this grant agreement Any modification to the approved plans. specifications. and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans. . specifications. and schedules approved by the Secretary for the projert It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shaD be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other countly. -\. e. It will give the Secretary unrestricted authority to publish. disclose. distribute. and otherwise use any of the material prepared in connection with this grant. . f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consullants and their subcontractors to do aD or any part of this project as well as the right to alSapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the spo~or's employees to do aU 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 commitmeat on the part of the Secretary to approve any penamg or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airpo.rt other than facilities owned or controlled by the United States. shall be operated at aD 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. It will suitably operate and maintain the airport and aD facilities thereon or connected therewith. with due regard to climatic and flood conditions. Any proposal to temporanly close the airport for nonaeronautical purposes must first be approved by the Secretary. In furtherance of this assurance. the sponsor will have in eHect arrangements fo~. (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions. including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. ~ '1her. nothing herein shall be construed a$ requiring the maintenance, repair, res\..; ation. or replacement of any structure or facifity 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 wiD suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It wiD take appropriate action to assure that such terminal airspace a is required to protect instrument and visual operations to the airport fincluding established minimum flight altitudes I will be adequately cleared and protected by removing. lowering. relocating. marking, or lighting or otherwise mitigating existino airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatibla 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 activities and purposes compatible with normal airport operations. including landing and takeoH of aircraft. In addition. if the project is for noise compatibifity program implementation. it will not cause or permit any change in land use. within its jurisdiction. that will reduce its compatibifrty. with respect to the airport, of the-noise compatibility program measures upon which Federal funds have been expended. Economic NondisClimination. . a. It will make its airport available as an airport for pubfic use on reasonable terms and without unjust olScrimination. to any person. firm. or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport. b. In any agreement contract, lease. or other arrangement under ~ich a right or privilege at the airport is granted to any person. firm. or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to. (1) furnish said services on a reasonable. and not unjustly discriminatory. basis to aU users thereof. and (2) charge reasonable. and not unjustly discriminatory. prices for each unit or service. provided that the contractor may be allowed to make reasonable and nondiscriminatory OISCOunts. rebates. or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates. fees, rentals. and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each ait ~rrier 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. Each air carrier using such airport (whether as a tenant nontenant or subtenant of another air carrier tenantlshaD be subject to such nondiscriminatory and substantially comparable rules. regulations. conditions. rates. fees. rentals. and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities. subject to reasonable classifications such as tenants or 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 classificatioa or status. f. It will not exercise or grant any right or privilege wticb opentes to prevent any person, firm, or corporation operating aircrah OD the airport from performing any services on its own aircrah with its own employees (jnduding, but not limited to maintenance. repair. and fueling) that it may choose tAl 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 pnrvided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may estabfish such reasonable. and IIOt unjustly discriminatory, conditions to be met by aU users of the airport as IDIJ be nl!CeS$ary for the safe and efficient operation of the airport. i. The sponsor may prohibit or funit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civiJ aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the ai-pDrt by any person providing, or intending to provide. aeronautical services to the public. For purposes of this paragraph. the providing of the services at an airport by a single fixed-based operator shaU not be construed as an exclusive right if both of the following apply: It would be unreasonably costly. burdensome, or impractical fDl more than one fixed-based operator to provide such services. and If allowing more than one fixed.based operator to provide such services would require the reduction of space leased purSuant to an existing agreement between stich single tixed-based operator and such airport. It further agre8$ that it wiD not. either directly or indirectly. grant or permit any person. firm. or corporation. the exclusive right at the airport to conduct any aeronautical activities. including. but not fimited to charter flights. pilot training, aircrah rental and sightseeing, am;., photoli~phy. crop dusting. aerial advertising and surveying, air carrier operations, aircrah sales ami services. sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity. repair and maintenance of aircraft, sale of aircrah parts. and any other activiti8$ wbidI because of their direct relationship to the operation of aircrah can be regarded as an aeronautical activity. and that it will terminate any exclusive right to conduct an aeronautical activity now uistino at such an a!rport before the grant of any assistance under Title 49. United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facifjties and services at the airport which wiD make the airport as self.sustaining as pouible under the c:ircunutances existing at the particular airport, taking into account such factors sa the volume of traffic and economy of collection. No part of the Federal share of an airport development. airport planning or noise compatibility project for which a grant is made under Title 49. United States Cilde. the Airport and Airway Improvement Act of 1982. the Federal Airport Act or the Airport and Airway Development Act of 1970 shaU be included in the rate basis in 8$tablishing fe8$. rates. and charg8$ for users of that airport. Airport Revenues. ' . All revenues generated by the airport and any local taxes on nation fuel established aher December 30. 1987. wiD be expended by it for the capital or openting costs of the airport the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are cflreCtfy and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however. that if covenants Dr assurances in debt obligations iuued before September 3. 1982. by the owner or operator of the airport, or provisions enacted before September 3. 1982. in govemiDQ statutes controlling the .owner or operator's financing. provide for the use of the revenues from any of the airport owner or operator's faciliti8$. including the airport, to support not IIIIIy the airport but also the airport owner or operator'3 general debt obligations or other facilities. then this limitation on the use of aU revenues generated by the airport (and, in the case of a pub6c airport, local taxes on aviation fuell shalJ not apply. As part of the annual audit required under the Single Audit Act of 1984. the sponsor win direct that the audit will review, and the resulting audit report wiD provide an opinion concerning, the use of airport revenue and taxes in paragraph (al. and indicating whether funlb paid or transferred to the owner or operator are paid or transferred in a maMer consistent with Title 49. United States Code and any other applicable promion of law, including any regulation promulgated by the Secretary or Administrator. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49. United States Code. 26. Reports and Inspections. It will: . submit to the Secretary such annual or special financial and operations reports u the Secretary may reasonably request and make such reports available to the public; make available to the pubfic at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; for airport development projects. make the airport and all airport records and documents affecting the airport, including deeds. leases. operation and use agreements. regulations and other instruments. available for inspection by any duly authorized agent of the Secretary upon reasonable request for noise compatibifity program projects, make recorlb and documents relating to the project and continued compliance with the terms. conditions. and cwurances of the grant agreement including deeds. leues. agreements. regulations. and other instruments. available for inspection by any duly authorized agent of the Secretary upon reasonable request and in a format and time prescribed by the Secretary. provide to the Secretary and make available to the public following each of its fIScal years. an annual report lis~ng in detail: m all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of Cllmpensation received for promion of each such service and property . 27. Use by Government AirClaft It wiD make available aD of the facilities of the airport devl'loped with Federal financial assistance and all those usable for landing and takeoff of aircrah to the United States for use by Government aircrah in common with other aircrah at aU times without charge, except if the lISe by Government aircrah is substantial. charge may be made for a reasonable share, proportional to such use. for the c031 of operating and maintaining the facilities used. Unless otherwiu determined by the Secretary, or otherwise agreed to bV the sponsor and the using agency, substantial use of an airport . by Government aircrah will be considered to exist when operations of such aircrah 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 (S) or more Government aircrah are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing u a movement! of Government aircrah is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircrah .multiplied by gross weights of such aircrah) is in excas of fIVe million pOWlds. 28. land for Federal Facilitia. It wiU furnish without CDSt to the Federal.Govemment 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. ~r rights in buildings of the sponsor as the Secretary considers necessary or desirable for CllnstructiOn. operation. and maintenance at Federal upense of space or facilities for such purposes. Such areas or any portion thereof wiD be made available as provided herein within four months aher receipt of a written request from the Secretary. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing III boundaries of the airport and aU prop03ed additio/l$ thereto. together with the bounda. ;oL~ of aD offsite areas owned or controlled by the spO/l$or for ailport purposes and proposed additions thereto; (21 the lcication and nature of aD existing and proposed airport faalities and structures (such as runways. taxiways. aprons. terminal buildings. hangars and roads). including aU prop03ed extensiens and reductio/l$ of existing airport facilities; and (31 the location of aU existing and proposed nonaviatioo areas and of aD existing improvements thereon. Such airport layout pla/l$ and eadI amendment. revision. or modification thereof. shaJI be subject to the approval of 1be Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport ./ayout plan. The SPO/l$llr wiD not make or permit any changes or alterations ill the airport or any of iu facifrties which are not in cOnformity with the airport layout plan as approved by the Seaetary and which might, in the opinion of the Secntary. adversely affect the safety, utility or efficiency of the airport. If a change or alteration in the airport or the facilities is made which the Secretary determines adveru'y affects the safety. utility. or efficiency of any federally owned. leased. or funded property 00 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 maMer approved by the Secretary; Dr (2) bear aD costs of relocating such property (or replacement thereof) to I site acceptable to the Secretary and an costs of restoring such property (or replacement thereof) to the level of safety, utility. efficiency, and C03t of operation uisting before the unapproved change in the airport or its facilities. Civil Rights. It wiD comply with such rules as are promulgated to assure that no p~on shaJl, on the grounds of race. creed. color. national origin. sex. ave. or handicap be ucluded from pncipating 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. utept where Federal financial assistance is to provide. or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the Sl=onsor or any transferee for the longer of the funowing periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended. or for another purpose involving the provision of similar services or benefits. or (h) the period during which the sponsor retains ownership or possession of the property. Disposal of Land. a. . . 29. 30. b. b. For land purchased uDder a grant for airport noise compatibility purposes, it will dispose of the land. when the land is no longer needed for such purposes. at fair market value. at thIS earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United Statu' share of acquisition of such land will. at the cfJ.Scntion of the Secretary. 11 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. (1) For land purchased under a grant for airport development purposes (other than noise compatlbilityL it wiD. when the land is no longer needed for airport purposes. cflSpose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portioa of the proceeds of such disposition which is proportion~te to the United States' share of the cost of acquisition of such land wil!. (al upon application to the Secretary. be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national .. ... airport system, or (hI be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (21 land shall be considered to be needed for airport purposes under this assurance if (al it may be needed for aeronautical purposes C1ncJuding runway protection zones) or serve u noise buffer land, and It: ;~e revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31. 1987. will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31. 1987. was notified by the operator or owner of the uses of such land, did not object to $\Ich use, and the land continues to be used for that purpose, such use having commenced no later than December 15. 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. Engineering and Design Services.. It wiD 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 u a contract for architectural and engineering services is negotiated under TItle IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. Foreign Merket.Restrictions. It will not aDow funds provided under this grant to be used to fund any project which uses any product or service of a foreitn country during the period in which such foreign country is listed by the United States Trade Representative u denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Policies. Standards. and Specifications. It will cany out the project in aCCDrdance with p~cies. standards. and specifications approved by the Secretary includiJ:lg but not limited to the advisory circUlars fISted in the Current FAA Advisory Circulars for AlP projects. dated May 1. 1995 and included in this grant and in accordance with applicable state policies. standards. and specifications approved by the Secretary. Relocation and Real Property Acquisition. (1J It wiD be guided in acquiring real property. to the greatest utent practicable under State law. by the land acquisition poficies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (21 It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons u required in Subpart 0 and E of 49 CFR Part 24. (3) It wiD make available within a reilSonable period of time prior to displacement .comparable replacement dwelfmgs to:cflSplaced persons ill accordanct with Subpart E of 49 CFR Part 24. Access By Intercity Buses. The airport owner or operator wiD permit, to the maximum extent practicable. intercity buses or other modes of transportation to have access to the airport however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. , . r~ ,.; 0' ~ PA V:E...'1E..~ MAINTENANCE 2!ANA~ PROGRAM . ~ An effec=ive pavement maintenance management program is one that details the procedures to be followed to assure that proper pave~~ . maintenance, both preventive and repair, is performed. An airpor: sponsor may use any form of inspection program it deems appropr~a=: The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in. an appropriate form and level of detail: . Location of ali runways, . taxiways, and aprons Dimensions Type of pavement Year of construction or most recent major rehabilitation For compliance with the ~rport Improvement Program assurances, pavem~nt~ ehat have been constructed, reconstructed, or repaired Federal financial assistance shall be so depicted. w.;_: - -- 2. Iz1spection Schedule" &. Detai~ed ~ection. A detailed inspection must be perfo:=e= at least once a year. If a history of recorded pavement deteriorac~= is available, i. e. Pavement Condition Inde.~ (peI) survey as . set fc=::.. in Advisory Circular .150/5380-6, G~delines and Procedure~ for Maintenance of Airport Pavements, the frequency of inspections may =!: extended to ~ee years. . . . b. Drive-by I:nspecticn. . A' drive-by inspection must be per=,?==::s: a minimum of once per month to detect unexpected ~ges in the pavement condition. . .. ..... 3 . Record Keeping. Complete !nformation on the findings of all . detailed inspections ~d an. the. maintenance performed must be reccr~;= and kept on fiXe for a minimum. of five years. The types of distress, their locations, and .reme~ action, scheduled or performed, must be. documented. The' minitflntD information to be recorded is listed below. 'inspection 'date . location . c. distress types :. . d~ . maint~ce. scheduled or ~er;ormed . . . a. b. . '. For drive-by inspections, the'date of'inspectiOn and. any mai.ntenaric~ performed must.be recorded. ." ~ . . .. . . . . . . . ~ .-. 4 .'Znfo=zaticm It~t:risval. ..~ airPort' sp~zisor '.may use any ferm of record keeping it 'deems appropriate, so long as' . the .information and records produced by the pa~t survey can be retrieved to .pravide a report ~o the .~ .a& may be ~quired.. '. _ .',::.' "-.;.'. s. . Ref~enc~.' .'R~fer to -Advis'ory circUiar 150/5380-6, .Guidelines az::: Procedures for Maintenance of Airport Pavements, .fi:Jr specific' guidelines'.andprccedures. for ma.i.n~~~ning ai.J:pott. pavements- 'and establishirig an ef;Eective QZa!ntenance Prc:'graID.. Sp7cific. types.. of' distress; their probable causes, inspectj,on' gw.delJ.nes, ~d '.recormnende~. methods. '~f. repair are .pre~ented. .