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2009-003-RES-APPROVING/RATIFYING ACCEPTANCE OF TWO TXDOT CAPITAL IMPROVEMENT PROGRAM GRANTSRESOLUTION 1110. 2009-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND RATIFYING THE ACCEPTANCE OF TWO TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) CAPITAL IMPROVEMENT PROGRAM GRANTS; APPROVING AND RATIFYING TWO AIRPORT PROJECT PARTICIPATION AGREEMENTS NOS. 09MPPARIS AND 0901PARIS WITH TXDOT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on October 13, 2008 the City Council of the City of Paris, did approve an application for a Texas Department of Transportation Capital Improvement Program (CIP) Grant for various projects at Cox Field Airport in the amount of $4,911,088.00, with $491,108.80 or ten percent (10%) to be provided by the City of Paris in the form of cash; and, WHEREAS, projects include preparing a new airport master plan, performing runway and taxiway overlays and markings, pavement repairs, drainage repairs, airfield lighting, and sign replacements, and crack sealing runways, taxiways, and aprons which will take place over four (4) fiscal years with expenses spread out over that period; and, WHEREAS, the Department of Transportation issued two grant awards in the amounts of $180,000.00, TxDOT CSJ No. 09MPPARIS for completion of a new Airport Master Plan, and $157,500.00 TxDOT CSJ No. 0901PARIS for engineering and design of the construction projects with the city of Paris providing a$37,500.00 cash match; and, WHEREAS, as directed, the City Manager of the City of Paris did execute Airport Project Participation Agreements for TxDOT CSJ No. 009MPPARIS and TxDOT CSJ No. 0901PARIS, which execution should be in all things ratified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the acceptance of the two Texas Department of Transportation Capital Improvement Program (CIP) Grants for completion of a new Airport Master Plan and for engineering and design of the construction projects in the form of the two Airport Projectrt sA nd Bg ae hereby ra fi dtand the fo rmrof and TxDOT, attached hereto as Exhib such agreements is approved. Section 3. That the execution of the two Agreements attached hereto as Exhibits A and B with the Texas Department of Transportation by the City Manager of the City of Paris on the 10th day of December, 2008, is hereby ratified. pACCFn AND ADOPTED this 12th day of January, 2009. ATTEST: ► ' nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, ' Attorney ~:6Z TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT CSJ No.: 09MPPARIS TxDOT Project No.: AP PARIS 3 TxDOT Contract No. : 9XXAV043 Commission Approval: November 20, 2008 NPE Funds Applied: FY07, FY08 Part I- Identification of the Project T0: The City of Paris, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Paris, Texas, (hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vemon and Vernon Supp). The project is described as planning services to: prepare an airport master plan at the Cox Field. The Sponsar applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above. The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States. Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in the Airport Project Participation Agreement and its acceptance of this Offer as Page 1 of 28 EXHIBIT A- 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 provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Part II - Offer of Financial Assistance 1. The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon Supp). 2. It is estimated that total project costs will be approximately $200,000 (Amount A). It is further estimated that approximately $200,000 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project. In the event that federal funds are unavailable, this Agreement shall automatically be voided and become of no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor. - 3. The maximum obligation of the United States payable under this offer shall be $180,000 (Amount C). This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 4. It is estimated that the Sponsor's share of the total project costs will be $20,000 (Amount D). The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share (Amount C). Page 2 of 28 It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as stated in Part II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. 5. If there is an overrun in the eligible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory twenty-five (25%) percent limitation, and will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment, the maximum obligation of the United States is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount. Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. Payment of the United States share of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the FAA, 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. 6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. 7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify said funds. In addition, the Sponsor shall disclose the source of al] funds for the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount D) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay the obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Part V-7. Likewise, should the State be unwilling or unable to pay iis obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. Page 3 of 28 PART III - Sponsor Responsibilities 1. In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Certification of Airport Fund, attached and made a part of this Agreement; and b. it will comply with the Attachment B, Airport Assurances (3/2005)(State Modified 3/2005), attached and made a part of this Agreement; and c. it will, in the operation of the facility, comply with all applicable state and federal ]aws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and d. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and e. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without unjust discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and f. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport ]ighting and navigational aids; and g. it shall not permit non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and h. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the Sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a"through-the-fence operation," unless an exception is Page 4 of 28 granted in writing by the State due to extreme circumstances; and i. it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such properiy interests; and that airport property identified within the scope of this project and Attomey's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and j, the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and k. all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites). an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from -the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and M. for federally funded projects any revenue from airport property mineral rights be identified as airport revenue; deposited to the airport fund and used for airport operations; and n. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and o, insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or Page 5 of 28 in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequenl approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and p. it will provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and q. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with this project, to enter private property for purposes necessary to this project; and r. all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and s. it shall take all steps, including litigation if necessary, to recover funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall'obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds 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 funds shall be approved in advance by the State. 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any Page 6 of 28 other property which may be affected by the project. 3, The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting the claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, and the Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. 5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. 6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. 7. The Sponsor shall have on file with the State, Attachment C, Certification Regarding Drug-Free Workplace Requirements, attached and made part of this agreement. Part IV- Nomination of the Agent 1. The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State agrees to assume the responsibility to assure that all aspects of the grant are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided. Page 7 of 28 3. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attomey to act as its agent to perform the following services: Receiving Disbursing Agent: a. apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation; b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs; and c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts; Contracting Agent: e. advertise for planning services for, but not limited to, the preparation of planning studies; certify consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; f. administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized Business (HUB) Programs in accordance with federal and state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; h. coordinate and review project plans; coordinate and conduct progress and final inspections. Page 8 of 28 PART V - Recitals 1, The State and the Sponsor shall obtain an audit as required by federal or state regulations. 2, The Sponsor, and not the State, shall be the contractual pariy to all construction and professional service contracts entered into fo ~ t oe the S apel i Part NthiNomination of power o f a t t o rn e y, a s g r a n t e d b y t h e S p o n s o Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement. 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies of law. 4. The United States and the State of Texas shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incidental to, compliance with this grant agreement. 5. This Agreement is executed for the sole benefit of the contracting parti t e intended or executed for the direct or incidental benefit of any third party. Furthermo the State shall not be a party to any ered ntotorchavre a sumledenn, rega d to the above may enter into or assume, or have en project. 6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following: a. The reasons for the suspension and the corrective action necessary to lift the suspension; b. A date by which the conective action must be taken; C. Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination. Page 9 of 28 7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 8. The State reserves the right to amend or withdraw this Agreernent at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably be denied or delayed. 9. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 10. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United Page 10 of 28 States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided. 12. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in corunection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Page 11 of 28 Part VI - Acceptance of the Sponsor The City of Paris, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials refened to in the Agreement, and does accept the Offer, and agrees to all of the terms and conditions of the Agreement. Executed this IN,,, day of k,l" a tj 4 itness Signature _~i r~a r k 1~~`~'e~-~b~ ~i tv~ ~lilCihaGe Witness Title ~ Sponsor Title Certificate of Sponsor's Attorney I, 14ht ( r- , acting as attorney for f- D~ tf t S , `tYa S , Texas, do certify that I ha fully examined the Agreement and the roceedings taken by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at ~''iv-[S , Texas, this 10-RA day of J)eC.en'lb.ar , 20 0$. i ness Signature ey Signature 14~ r.~T3 r[ec~ Wi~tnes Title Page 12 of 28 6ec-e Mbe , 2o ag . Part VII - Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION B Y: David S. Fulton, Director Aviation Division Texas Department of Transportation Date: 14A 5 D Page 13 of 28 ATTACHMENT A CERTIFICATION OF AIRPORT FUND The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all all reven deposited fees, charges, rents, and money from any source derived d from vertdr fort o he operations fund for the benefit of the Airport Fund and wil] ot expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The Citv of Paris Texas (Sponsor) By: 2,, . O'A'Z~~ Title: -1 i'dviCe DcYC c4-t r Date: aC.CrVI~QV6 Page 14 of 28 ATTACH111ENT B pART V ASSURANCES Airport Sponsors (3-2005) 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 Airport Project Participation Agreement (hereinafter referred to as "APPA") by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the tertn "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. Duration and Applicability. 1, Airport development or Noise Compatibility Program Projects 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 compatibility program project, or throughout the useful life of the project items installed within a faciliry under a noise compatibility program project, but in any event not to exceed twenry (20) years from the date of acceptance of a grant ofler of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airyort. There shall be no limit on the duration of the [erms, 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. Z, Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor excepl that the useful life of project items installed within a facility or the useful life of the facilities developed or equipmenl acquired under an airport development or noise compati.bility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3, Airport Planning Undertaken by a Sponsor. Unless otherwise specified in 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 assures and certifies, with respect to this grant that: General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. i b, Davis-Bacon Act - 40 U.S.C. 276(a), et se . C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. d, Hatch Act - 5 U.S.C. 1501, et seca•z e Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et se f, National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).~ g . ~ . Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c h, Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et se . i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k, Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' 1, Title 49,U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of ] 973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title Vl - 42 U.S.C. 2000d through d-4. o, Age Discrimination Act of 1975 - 42 U.S.C. 6101, et se . p. American Indian Religious Freedom Act, P.L. 95-341, as amended, q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea. r. Power plant and ]ndustrial Fuel Use Act ot' 1978 - Section 403- 2 U.S.C. 8373.' S. Contract Work Hours and Safery Standards Act - 40 U.S.C. 327, et se . t, Copeland Mti kickback Act - 18 U.S.C. 874.1 Page 15 of 28 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et se .2 X. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wedands Executive Order 11998 - Flood Plain Management Executive Order 12372 - lntergovemmental Review of Federai Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1- Procedures for prede[ermination of wage rates. ' e. 29 CFR Part 3- Contractors and subcontractors on pubiic building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5- Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards AcQ. ' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requiremenu).' h. 49 CFR Part 18 - Uniform adminisirative requirements for grants and cooperative agreements ro state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title V] of the Civil Rights Act of 1964. k. 49 CFR Pan 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.l 2 M. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs, n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.l o. 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) and govemment wide requirements for drug-free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR,Part 41 - Seismic safery of Federal and federally assisted or regulated new building construction.l Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Govemments, b A-133 - Audits of States, Local Governments, and Non-Profit Organizations ' These laws do not apply to airport planning sponsors. Z These laws do not apply to private sponsors. ' 49 CFR Pan 18 and OMB Circular A-87 contain requirements for State and Local Govemments receiving Federal assistance. Any requirement levied upon State and Local Govemments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility 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 projech, that a resolution, motion or similar action has been duly adopted or passed as an oflicial act of the applicant's goveming body authorizing the filing of'the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the ofticial representative of the applicant to act in connection with the application and to provide such additional information as may be required, b. Private Sponsor: lt has legal authoriry to apply for the grant and to finance and carry out the proposed project and comply with all tertns, conditions, and assurances of this grant agreement. It shall designate an official representative and Page 16 of 28 shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additionai information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of i[ems funded under [he grant agreement which it will own or control. Good TiNe. a. It, a public agency or the Federal govemment, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or wiil give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibiliry program projects to be carried out on the property of the sponsor, it holds good tide satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. Preserving Rights and Powers. a. lt wili 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 writien 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 tide or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the properry upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the 3ecretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authoriry, and financial resources to carry out all such obligations, the sponsor shall insen 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 compatibiliry program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that govemment. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local govemment if there is substantial non-compliance with the terms of the agreement. d. For noise compatibiliry program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that properry 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 [ertns 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 publiause airport in accordance with these assurances for the duration of these assurances. f. ]f 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 authoriry to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of [he area surrounding the airport, may be located. Consideration of Local 1nleresL It has given fair consideration to the interest of communities in or near where the project 8. Consultation with Users. In making a decision to underiake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportuniry for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. Page 17 of 28 10, Air and NN'ater 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 qualiry 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 sixry days after the project application has been received by the Secretary. 11, Pavement Preventive Maintenance. With respect to a project approved afrer January 1, 1995, for the replacement ot reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at [he airport. It wili provide such reports on pavement condition and pavemenl 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 Tide 49, it has, on the date of submittal of the project grant application, all the safery equipment required for certiSication of such airport under section 44706 of Title 49, United S[ates Code, and all the security equipmeni required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13, Accounting System, Audit, and Record Keeping Requirements. a, It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facililate an effective audit in accordance with the Single Audit Act of 1984. b. h shall make available ro the Secretary and the Comptroller General of the United 5tates, 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. ln any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of 1he proceeds of a grant or retating to the projecl in conneclion 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 laler than six (6) months following the close ot the fiscal year for which the audil was made. 14, 117inimum Wage Rates. It shall include, in all contracts in excess ot$2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 1$, 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 insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shaU be given to Veterans of the Viemam 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 lhe 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, speciScations, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. My 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 lnspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18, Planning Projects. ln carrying out planning projecu: 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. Page 18 of 28 c. lt will inciude 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 wi[h funds under this project shall be subject to copyright in the United States or any other country. e. it will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any pan 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 empioyees 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 no1 constitute or impiy any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance, a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controiled 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 wiil not cause or permit any activiry or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and aIl facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (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 afl'ecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assute 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 proteeted by removing, lowering, relocating, marking, or lighting or othenvise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to reshict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibiliry, with respect to the airport, of'the noise compatibility program measures upon which Federalfunds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to Ihe public at the airport. b. In any agreement, contracl, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for fumishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contracior may be allowed to make reasonable and nondiscriminatory discounu, rebates, or other similar types of price reductions to volume purchasers. Page 19 of 28 C. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are aking the same or similar uses of such airpon and utilizing the same fixed-based operators m uniformly applicable to all other or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities direcdy and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenanu and signatory carriers and non signatory carriers. Classification or status as tenant ot signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It wiil not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircrafr on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] thal it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges refetred to in this assurance, the services involved will be provided on the same conditions as would apply to the fumishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airpori. i. The sponsor may prohibit or limit any given rype, kind or ciass of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23, Exclusive Rights. ]t will permit no exciusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall nol be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either direcAy or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charier flights, pilot training, aircraft rental and sighueeing, aerial photography, crop dusting, aerial adverlising 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 exdusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United Stales Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airpon as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share oT an airporl development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airpori and Airway lmprovement Act of 1982, the Federal Airport Act or the Airpon and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25, pirport Revenues. a, All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacied before September 3, 1982, in goveming 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 onty the the then ties debt ral or's on'av ation fuel) shall not apply. e use of all owneT ort this revenuesugene~rated brypthe a rport (and eintthe ase of a publioblaigrportations b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion conceming, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation ptomulgated by the Secretary or Administrator. Page 20 of 28 c Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 o}'Title 49, United States Code. 26. Reports and Inspections. It will a. submit to the Secretary such annual or speciai financiai and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, availabie for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement induding deeds, leases, agreements, regulations, and other instruments, availabie for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make availabie to the public following each of its fiscal years, an annual repoA listing in detail: (i) all amounts paid by the airport to any other unit of govemment 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 compensation received for provision of each such service and property. 27. Use by Government Aircraft. It witl make availabie all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircrafi 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 airorafl will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Govemment aircrafl 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 Govemment aircraft is 300 or more, or the gross accumulative weighi of Govemment aircraft using the airport (the total movement of Govemment aircraft multiplied by gross Weights of such aircraft) is in excess of five miilion pounds. 28. Land for Federai Facilities. lt will furnish without cost 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 conuol, 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 eapense 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 lhe 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 theretq together with the boundaries ofall offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature ofall existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements Ihereon. Such airport Iayout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any o1' its facilities which are not in conformity with the airport layout plan as approved by [he Secretary and which might, in the opinion of the Secretary, adversely affect the safery, utility or efficiency of the airport. b. If a change or alteration in the airport or Ihe facilities is made which the Secretary determines adversely affects the safety, utiliry, 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, utiliry, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. Page 21 of 28 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, nationai 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 financiai assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession oTthe property. 31. Disposal of Land. a. For land purchased under 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, al the earliest practicable time. That portion of'the proceeds of such disposition which is proportionate ro 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, including the purchase of nonresidential buiidings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program, b. For land purchased under a grant for airport development purposes (other than noise compatibiliry), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projecu approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. C. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for [hat purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or righl therein necessary to ensure that such land will only be used fot purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed fot or by the sponsor of the airport. 33. Foreign Market Restrictions. It wiU not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for producis and suppliers of'the United States in procurement and construction. 34. Policies, Standards, and Specifications. ]t will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Curtent FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By lntercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for othermodes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of Page 22 of 28 DOT-assisted conRacts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircrafi owner's expense, the airporl owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on Ihe hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at ihe airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August i of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Page 23 of 28 CURRENT FAA ADVISORY REROVEDQPROJECUIRED USE IN AIP FUNDED AND PFC View the most current versions of these ACs and any associated changes at . htt llwww faa Qoviairports airtraffic/airports/resources/advisorv circularsl. Dated: 312112007 NU11tIBER TITI.E . ; . , 70/7460-1 K* 3 Obstruction Marking and Lighting cement of Availability--RTCA Inc., Document RTCA-221, Guidance 150/5000-1 Announ nd Recommended Requirements for Airport Surface Movement Sensors~_d 150/5020-1 a Noise Control and Compatibiliry Planning for Airports 150/5070-66 Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5200-28C Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30A Airport Winter Safety and Operations and Changes 1 through 8 150/5200-33A Hazardous Wildlife Attractants On or Near Airports 150/5210-56 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210-136 Water Rescue Plans, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue & Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Driver's Enhanced Vision System (DEVS) _ 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting 150/5220-13B Vehicles Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems for Non-Federal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220-17A and Change 1 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Dual-Agent Aircraft Rescue and Firefighting ification for Small S 150/5220-19 , pec Guide 150/5220-20 and Vehicles Airport Snow and Ice Control Equipment Change 1 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Page 24 of 28 NU'MBER 71TLE 150/5220-22A Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5300-13 and Airport Design Changes1 through 10 150/5300-14 and Design of Aircraft Deicing Facilities Changes1 throu h 2 150/5300-16 General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Controi and Submission to the National Geodetic Survey 150/5300-17 General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey 150/5300-18 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-513 Airport Drainage 150/5320-6D and Airport Pavement Design and Evaluation Changes1 through 4 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport and Changes 1 Pavement Surfaces throu h 8 15015320-14 Airport Landscaping for Noise Control Purposes 150/5320-15 and Management of Airport Industrial Waste Change 1 15015325-46 Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Pavement Strength PCN 150/5340-1 J Standards for Airport Markings 150/5340-56 and Segmented Circle Airport Marker System Change 1 150/5340-18D Standards for Airport Sign Systems 150/5340-30B Design and Installation Details for Airport Visual Aids 150/5345-3E Specification for L821 Panels for Control of Airport Lighting 150/5345-56 Circuit Selector Switch 150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Page 25 of 28 15015345-26C 150/5345-27D 150/5345-28F 150/5345-39C 150/5345-42F 150/5345-43F 15015345-44G 150/5345-456 150/5345-46C 150(5345-47B 150/5345-496 150/5345-50A 150/5345-51A 150/5345-52 15015345-53C 150/5345-54A and Change 1 150/5345-55 150/5345-56 150/5360-9 150/5360-12D 150/5360-13 and Chanae 1 150/5370-2E 150/5370-106 150/5370-11 A 150/5380-6A 150/5390-26 150/5390-3 150/5395-1 Specification for L823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Retrorefiective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Low-Impact Resistant (LIR) Structures Specification for Runway and Taxiway Konainersfor xtures Specification for Series to Seres soatsformAirport Lighting Specification L854, Radio Control Equipment Specification for Portable Runway and Taxiway Lights Specification for Discharge-Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighting Equipment Certification Program Specification for L-1884 Power and Control Unit for Land and Hold Short Lighted Visual Aid to Indicate Temporary Runway Closure Specification for L-890 Airport Lighting Control and Monitoring System ALCMS Planning and Design of Airport Terminal Facilities at NonHub Locations Airport Signing and Graphics Planning and Design Guidance for Airport Terminal Facilities Operational Safety on Airports During Construction Standards for Specifying Construction of Airports Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement Guidelines and Procedures for Maintenance of Airport Pavements Meliport Design Vertiport Design Seaplane Bases Page 26 of 28 THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY Dated: 3/21/2007 NUMBER TITLE , 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100-17 and Changes 1 through 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-66 Construction Progress and Inspection Report-Airport Grant Program 150/5370-11A Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7A Airport Pavement Management System 150/5380-8 Handbook for ldentification of Aikali-Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY Dated: 3121/2007 NUAA809 ~TITLE b 150/5000-12 Announcement of Availability-Passenger Facility Charge (PFC) Application (FAA Form 5500-1) Page 27 of 28 ATTACHMENT C CERTIFICATION REGARDING DRUGFREE WORKPLACE REQUIREMENTS rovide a drug-free workplace by: dis ensing, A. The grantee certifies that it wi11 or W>» c~otltthe unlawful manufacture, distribution, p (a) Publishing a statement notifying emp yees tha possession, or rohibited in the grantee's workplace and specifying the actions use of a controlled substance is p roh that wi11 be taken against employees for violation of s~am to n,fo,trm employees about- (b) Establishing an ongoing drug-free awareness prog (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; and (3) Any available drug counseling, rehabilitation, and employee a~assistance use v oladons occurr ng in the workplace; (4) The penalties that may be imposed upon employees for drug iven a copy of lo ee to be engaged in the performance of the grant be g (c) Making it a requirement that each emp Y ent under ee in the statement required by paragraph (a) that, as a condition of emp oym (d) the statement Notifying the required by paragraph (a); employ the grant, the employee will- statute occurring Abide by the terms of the statement; and (2) Notify the employer in writing of his or her convicfioa~e rsUCh conv ction~criminal drug lace no later than five calendar day from recerv ing notice under paragraph (d)(2) ~e~ in the workp ees must Noti~ing the agency in writing, within ten calendach days after conviction. Employers of convicted employ an employee or otherwise recerving actual notice oat officer or other designee on whose g rant activity the provide notice, including position title, to every g (fl T a, point for the receipt of such ted emPloyee was working, unless the Federal agencyf ehas aheaffect d grant~ convic notices. Notices shall include the identifcation number(s o akinS one of the following actions, within 30 calendar days of receiving notice under paragraph (a)(2), wit tent respect to any employee who is so convicted- lo ee, up to and including termination, consis (1) Taking appropriate personnel action against such an emp y with the requirements of the Rehabilitation Act of 1973, as abusedas~ (2) Requiring such employee to p si tance or rehabilitation program articiPate satisfactorily in a drug ro riate approved for such purposes by a Federal, State, or local health, law enforcement, or other app agency; free workplace through implementation of (g) Making a good faith effort to continue to maintain a drug- paragraphs (a), (b), (c), (d), (e), and (0, insert in the space provided below the site(s) for the performance of work done in connection B. The grantee maY with the specific grant: Place of Performance (Street address, city, county, state, zip code) I~5 ~s~ e -5 5~ o Check if there are workplaces on file that are not identified here. 6 ~ ~ ~CPM_-b'?,►'8 Signed: Dated: ~ - oyht nanc,e e c,'1~ ~ Typed Name and Title of Sponsor Representative Page 28 of 28 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT CSJ No.: 0901 PARIS TxDOT Project No.: AP PARIS 2 TxDOT Contract No. : 9XXAV042 Commission Approval: November 20, 2008 NPE Funds Applied: FY06, FY07 Part I- Identification of the Project TO: The City of Paris, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Paris, Texas, (hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp). The project is described as design services to: overlay and mark Runway 17-35; reconstruct PCC fuel pad; relocate and install medium intensity runway lights to Runway 14-32; and replace sign panels at the Cox Field. The Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above. The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States. Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in the Airport Project Participation Agreement and its acceptance of this Offer as 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 provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF Page 1 of 30 EXHIBIT JJ THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Part II - Offer of Financial Assistance 1. The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Arun. 241.001 et seq. (Vernon and Vernon Supp). 2. It is estimated that design/engineering project costs will be approximately $175,000 (Amount A). It is further estimated that approximately $175,000 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project. The estimated project cost for the construction phase of this project is $2,350,312 (Amount C). The construction phase will be started upon completion of design, dependent upon availability of federal funds, and approval of the Texas Transportation Commission. A separate grant will be issued for the construction phase. In the event that federal funds are unavailable, this Agreement shall automatically be voided and become of no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor. 3, The maximum obligation of the United States payable under this offer shall be $157,500 (Amount D). This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfil] the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 4. It is estimated that the Sponsor's share of the total project costs will be $17,500 (Amount E). The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share (Amount D). Page 2 of 30 It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. 5. During design, if the estimated eligible construction project costs exceed Amount C, above, the Sponsor may request the State to void this Agreement. The State shall agree to void this Agreement upon the satisfaction of the following conditions: a, the Sponsor's request to the State to void the Agreement shall be in writing and dated; and b, if required by the State, the Sponsor shall reimburse the State for funds expended on this project and Sponsor shall assume the responsibility for any future expenses for contracted services or materials related to the project for which a contract had been executed prior to the Sponsor's request to void the Agreement. Sponsor funds held by the State may be retained until this requirement is satisfied; and C. failure on the part of the Sponsor to comply with the conditions of this paragraph shall constitute a breach of this Agreement. 6. Upon satisfaction of the conditions specified in Paragraph II-5 above, the State shall declare this Agreement null and void, and this Agreement shall have no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor within a reasonable time. 7. If there is an overrun in the eligible project costs, the State may increase the grarit to cover the amount of overrun not to exceed the statutory twenty-five (25%) percent limitation, and will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment, the maximum obligation of the United States is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount. Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. Payment of the United States share of the allowable project costs will be made in accordance with the provisions of such regulations and procedsri~e willebetbas d upon FAA, s ha l l prescri be. Fin a l d e t e r m i n a t i o n o f t h e U m t e d S t a t e s 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. 8. Sponsor's share of project costs (Amount E) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited Page 3 of 30 amounts that exceed Sponsor's share. 9. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify said funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount E) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay the obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. Expenditures for eligible project costs for the above project made by the State or the Sponsor prior to the award of a federal grant for the project, and prior to actual receipt of the authority to expend federal grant funds, shall be made from Sponsor funds. 10. The State shall make all reasonable attempts to acquire federal funding for the completion and construction of this project within two years of completion of design services. The Sponsor agrees to complete and construct this project within two years of completion of design services, subject to the availability of federal funds. PART-III - Sponsor Responsibilities In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Certification of Airport Property Interests, attached and made a part of this Agreement; and b. it will comply with the Attachment B, Certification of Airport Fund, attached and made a part of this Agreement; and c. it will comply with the Attachment C, Airport Assurances (3/2005)(State Modified 3/2005), attached and made a part of this Agreement; and d. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in coruiection with the federal grant; and e. the Airport or navigational facility which is the subject of this Agreement shall be Page 4 of 30 controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and f, consistent with safety and security requirements, it shall make the airport or air kinds and classes of aeronautical use facility available to all types, navigational without unjust discrimination between S~e~ o pthis Agreement;l and s and shall provide adequate public access during the g, it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons; roads, airport lighting and navigational aids; and h, it shall not permit non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and i, it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the Sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a"through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and j. it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and k. the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and l, al] fees collected for the use of an airport or navigational facility constructed with funds provided under the program shal] be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites). M. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund may be an account within Page 5 of 30 another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in thWhoaccount leAllafees, discemible charges, f rentsrom and types of moneys identified in the fund as a eposited said money from any source derived from airpo hepe lsrevmust enuee f d or any other Airport Fun d an d s h a l l n o t b e d i v e rte d t o gener revenue fund of the Sponsor. All expenditures from the Airport Fun d s ha l l be solely for airport or airport system purPoS S' p to such sbsequ nt ppro al of subsequent grant or loan by the State unle , prio a grant or loan, Sponsor has complied with the requirements of this subparagraph; and n, for federally funded projects any revenue from airport property mineral rights be identified as airport revenue; deposited to the airport fund and used for airport operations; and o, the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and P. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities comp 24 1 OOlitet normal airport operations as provided Sponsor shall also a quae a d re ain aviation seq.. (Vernon and Vernon Supp.). Sp easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and ril e~o S Ch Sponsor shall be impractical or will result in undue hards p posor rior to ineligible for a subsequent grant ntlor 1 an,tadopt d and passed an a rport hazard such subsequent approval of a gra zon'rng ordinance or order approved by the State; and the engineering or planning consultant, q, it will provide upon request of thelanst or re orts of the project site, applicable to and the FAA copies of any maps, p P or affecting the above project; and the FAA, and any consultants and T, after reasonable notice, it will permit the State, contractors associated with this project, a n t and contractors as oc at dbwath permission for the State, the FAA, and consulta this project, to enter private properly for purposes necessary to this project; and consis S. all development of an airport construc~ed ~ththe Sta e afun ndsmainta ned bytthe with the Airport Layout Plan appro y Sponsor. A reproducible copy of such ana plan, and all subsequent modifications, shall be filed with the State for approval, t, it shal] take all steps, including lit on t of Federal antt rust statutese or mausedenn fraudulently, wastefully, or in violati any other manner in any project upon which Federal and State funds have been Page 6 of 30 expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds 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 funds shall be approved in advance by the State. 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project. 3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting the claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, and the Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. 5. Sponsor agrees to provide a suitable location for pre-bid and for pre-construction conferences, and for the submission and opening of construction bids. 6. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. 7. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. Page 7 of 30 g. The Sponsor shall have on file with the S a tapa maden1 tDth s agreemerit Regarding Drug-Free Workplace Requirements, attache Part o 9. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 10. Except for instrument landing systems acquired with AIP funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; a~ionn will not takelover the owne ship, appropriate. The Federal Aviation Adminis operation, or maintenance of any sponsor-acquired equipment, except for instrument landing systems. 11. For a project to replace or reconstruct pa~a tenanceh managemen e Sponsor as ais implement an effective airport pavement required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment E"Pavement Maintenance Management Program", attached and made part of this agreement. 12. The Sponsor may utilize paving specifications meeting State Highway criteria for runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing State specification for 10 years from pavement acceptance. Part IV- Nomination of the Agent 1. The Sponsor designates the State. as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State agrees to assume the responsibility to assure that all aspects of the grant are Page 8 of 30 done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided. 3. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: Receiving Disbursing Agent: a. apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C, and congressiona] appropriation; b. receive, review, approve and process Sponsor's reimbursement reguests for approved project costs; and c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts; Contracting Agenh e. advertise for professiona] engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; certify consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; f. administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized Business (HUB) Programs in accordance with federal and state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an ineconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; h. coordinate and review project plans, specifications and construction; coordinate and conduct progress and final inspections. Construction Phase: Page 9 of 30 i. authorize the advertisement, receipt and oP s~~g tloblof the above projecotf and above project; and award contracts for oacquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project; participate in pre-bid and pre-construction conferences; ai d bissue ut notrlimited to J• deems appropriate regarding construction progress, inc u g Notices to Proceed, Stop Work Orders, and Change Orders; k. review, approve and maintain record drawings. PART V - Recitals 1. The State and the Sponsor shall obtain an audit as required by federal or state regulations. and 2. The Sponsor, and not the State, shall be the contractual party p° oall f th~s S ctn The professional service contracts entered into for the accomplishme Proj power of attorney, as granted by the Sponsor to the ontwith airport imp oTV me ts as Agent, is a limrted power to perform acts m connect specified in or necessitated by this Agreement. 3. The SPonsor agrees to pursue and enforce contract items, which are re ance of contract and/or state regulations, laws and orders to insure satisfactory per oa ent bonds, and vendors. Such items inclu enforcemntlof cont ac t ems may equire litigation and performance bonds. Pursuit and other remedies of law. _ 4. The United States and the State of Texas shSe1 fromor be ~ncidental tobcomplaanrcegwith property or injury to persons which may ar , this grant agreement. 5, This Agreement is executed for the sole be benefihof any contracting party. 1eFurthermo et intended or executed for the direct or incidental the State shal] not be a party to any other i°oto~chave assumledenn, gard to the above may enter into or assume, or have entered project. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension ' shall contain the following: a. The reasons for the suspension and the corrective action necessary to lift the suspension; b. A date by which the corrective action must be taken; Page 10 of 30 c. Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination. 7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 8. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably be denied or delayed. 9. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 10. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 11 of 30 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided. 12. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Page 12 of 30 Part VI - Acceptance of the Sponsor The City of Paris, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the Agreement, and does accept the Offer, and agrees to all of the terms and conditions of the Agreement. Executed this I OHA„ day of p4~ I~PG YVIb¢r , 20 p g. 41blal 2 AiA Vit ss Signature NrDOV'~ b i r'P cA c C' r Witness Title Spons r Title Certiricate of Sponsor's Attorney acting as attorney for , Yf51 e1CCfS , Texas, do certify that I haully examined the Agreement and the pr ceedings taken by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at POlY'i5 , Texas, this [04t,~_ day of bec.e M bM ✓ , 20Q&_• L/Mtness Signature At Signature ~`cv0o' Do C~-oy- Witness Title Page 13 of 30 Part VII - Acceptance of the State roved for the Texas Transportation Commission for the purpose and effect olicies or work programs and grants Executed by and app of activating and/or carrying out the orders, established p eretofore approved and authorized by the Texas Transportation Commission. h STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: David S. Fulton, Director miation Division Texas Department of Transportation Date: Page 14 of 30 ATTACHMENT A CERTIFICATION OF AIRPORT PROPERTY INTERESTS B signature below, the Sponsor does certify that the airport property, as reflected on the Y ert ma and attorney certificate dated June 17, 2005 and on file with TxDOT prop y P urate Aviation Division, remains unchanged and is an acc reflection of the properly owned a nd/or controlled for the Cox Field. By: Title: Y Date: nPc p t ~ 10 Page 15 of 30 Citv of Paris, Texas ATTACHMENT B CERTIFICATION OF AIRPORT FUND The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Paris, Texas (Sponsor) By:.~~- ~ • ~ Title: HhAYI Cf DA~(e[fir Date: bec,ern bQV- 812,00b Page 16 of 30 ATTACHMENT C PART V ASSURANCES Airport Sponsors (3-2005) A. General. ments for airport development These assurances shall be complied with in the performance of grant agree, airport plannmg, and noise compatibiliry program grants for airport sponsors. Z, These assurances are required ro be submiried as part of the project Airport Project Participation Agreement (hereinaRer rted to as "APPA") by sponsors req uesting funds under the provisions of Tide 49, U.S.C.> subtitle VII, as amende . As refeused herein, the term "public agency sponsor" means a public agency wich control of a Public-use ai~ort; the term ' "private sponsor" means a private owner of a public-use airport; and the tertn "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1pirport development an'a ig~eementphtalbl, ema non fuil forcaeand effe conditions and assurances of the g t h oughout the usefulg fe ofshe~fac liti s ro ect, or throughout the useful life of the developed or equipment acquired for an airport development or noise compatibiliry program p e ~erms, project items installed within a faciliry under a noise compatibiliry program project, but in any event not to exceed twenty (20) years limit ration the from the date of acceptance of a gra e sor iothe ng as the`airport is used as an airport There shall beuno limof on the assurances regarding Exclusive Rights and Arport Reenue acquired with federal funds. Furthertnore, the duration of he Crv~il R ghts assurance shall be specifiednn the assurances to real properry proj Z, Airport Development or Noise Compatibility Projects Undertaken by a Private except the ect Sponsor. The preceding P e facIPt es de eloped or equ pment acqu ~ed undertanla rport development or noise compatibl ity within a facility or the useful life of th program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3, Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, oniy Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply co planning projects. 7'he terms, conditions, and assurances of the grant agreement shall remain im fuli force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: deral ordets regulati laws policies 1, Generai Federal Requirem ie to the applicationWacceptanceiand useeof Fede al funds forothis p oject enc uding but not guidelines, and requirements as they r limited to the following: Federal Legislation a Tide 49, U.S.C.> subtitle VII, as amended. se ~ b. Davis-Bacon Act - 40 U.S.C. 276(a), et_9- C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et se . e Ac uisition Policies Act of 1970 Title 42 U.S.C. 4601, et se d Hatch Act - 5 U.S.C. 1501, et se~.? Uniform Relocation Assistance and Real Property q 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g, Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. h Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. Clean Air Act, P.L. 90-148, as amended. Coastal Zone Management Act, P.L. 93-205, as amende ~Z U.S.C. 4012a. ~ k Flood Disaster Protection Act of 1973 - Section 102(a) - 1, Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. ❑ Civil Rights Act of 1964 - Title Vl - 42 U.S C. 2000d through d-4. o Age Discrimination Act of 1975 - 42 U.5.C. 6101, et sea. American Indian Religious Freedom Act, P.L. 95-341, as amended. P q. Architectural Barriers Act of 1968 -42 U.S.C. 4151> et se . r power plant and lndustrial Fuel Use Act of 1978 - Section 403- 2 U.S.Ci 8373.' S Contract Work Hours and 3afery Standards Act - 40 U.S.C. 327, et se . i l Copeland And kickback Act - 18 U.S.C. 874.1 National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et se . V Wild and Scenic Rivers Act, P.L. 90-542, as amended. W, Single Audit Act of 1984 - 31 U.S.C. 7501, et se x Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Page 17 of 30 Executive Orders , Executive Order 11246 - Equal Employment Opportuniry Eaecutive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - Intergovemmental Review of Federal Programs. Executive Order 12699 - Seismic Safery of Federal and Federaliy Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a_ 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning, d. 29 CFR Pan t- Procedures for predetermination of wage rates.' e. 29 CFR Part 3- Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' 29 CFR Part 5- Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subjecl to the Contract Work Hours and Safery Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportuniry, Departmen of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements lo state and local govemments.3 i. 49 CFR Part 20 - New restrictions on lobbying. i, 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation"of Title Vl of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1, 49 CFR Part 24 - UniS'orm relocation assistance and real property acquisition for Federal and federally assisted programs. 12 M. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financiai assistance.l o. 49 CFR Part 29 - Govemment wide debarment and suspension (nonprocurement) and government wide requiremenu for drug-free workplace (granu). P, 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.l Office of Management and Budget Circulars -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. a, A b A-133 - Audits of States, Locai Govemments, and Non-Profit Organizations ' These laws do not apply to airpori pianning sponsors. 2 These laws do not apply to private sponsors. ' 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federa assistance. Any requirement levied upon State and Locat Govemments by this regulation and circular shall also be applicable lo private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and AutM1ority of the Sponsor. a, Public Agency Sponsor: lt 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 assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required, b. Private Sponsor: It has legal authority to apply for 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 undersiandings and assurances contained therein; to act in connection with this application; and lo provide such additional information as may be required. 3, Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it wi11 own or control. 4, Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to Ihe landing area o the airport or site thereof, or will give assurance safisfactory to the Secretary that good title will be acquired. Page 18 of 30 b. For noise compatibility program projecis 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 righu 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 ouutanding 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 othenvise transfer or dispose of any part of its tide or other interesu in the property shown on Exhibit A to this application or, for a noise compatibiliry program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreemenl without approval by the Secretary. lf the transferee is found by the Secretary to be eligible under Tide 49, United States Code, to assume the obligations of the grant agreement and to have the power, authoriry, and financial resources to carry out all such obiigations, the sponsor shall inseri 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 compatibiliry program projects which are to be carried out by another unit of local govemment 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 compatibiliry program project. That agreement and changes thereto must be satisfactory to the 3ecretary. It wiU take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. C. If'the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue ro function as a public-use airport in accordance with [hese assurances for jhe 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 authoriry to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area suttounding the airport. 7. Consideration of Local Interest. !t has given fair consideration ro the interest of communities in or near where the project may be located. 8. Consultation with Users. ln making a decision to undertake any airyort development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airpori or runway location and its consistency with goals and objectives of such planning as has been carried out by the communiry and it shall, when requested by the 5ecretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. I1. Pavement Preventive Maintenance. With respect to a project approved after January l, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the ptoject grant application, all the safety equipment required for certification of such airport under section 44706 of Tide 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. Page 19 of 30 13, .4ccounting System, Audit, and Record Keeping Requiremenis, a It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of ith soure s an'd such other fi a'nc al records pertinent to the or gTant the proceeds f the ion rof`the wst of he projecPsupp~~ed connection natu e of that Port project. The accounts and records shall be kept in accordance with an accountmg system that will facilitate an effective audit in accordance with the Single Audil Act of 1984. b. It shall make available to the Secretary and the Comptrollet General of the United States, or any of their duly and ecor authorized representatives, for the purpose of audit and examination, any boo [o documents, ate audit bea onduct drby aaec pient. ln recipient that are pertinent to the grant. The Secretary may require that an app p nsor ating sition any case in whicl the naoaen connecti n with wh ch accounts waspg ven or'us d it halafi eoa certifiedhcopy of such audit grant or relating P Jec with the Compiroller General of the United States not later than six (6) months following the close of the fiscal year or 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 predet rTn Labor agreement which involve labor, provisions establishing miniWh ch contractorseshall pay to skel d' and unskilled lareta borrY, and su h min mumr atesWith the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15, Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which (except adm executive ative, involve labor, such provisione a 1Ven to Veterans of the V etnam tera a a a sa led ~ etebans as de&ned in Sect on 471i12 orf Title 49, Un t d States positions), preference shall b g Code. However, this preference shali apply only where the individuals are available and qualified to perform the work to which the emp oymen relates. 16. Conformity to Plans and Specifications. )t will execute the projecl subject to plans, specifications, and schedules submined commence ent approved by the Secretary. Such Pl ndep his grant ag eementeand Suponl pproval of heoSecretarytsha0 berineorporated i rto th s grant agrReement~ construction, or other performance u pny modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into t e grant agreement. 17, Construction Inspection and Approval, 1t will provide and maintain competent technical supervision at the construction roved si[e throughout the project to assurethat the work 'ect contained intan approvedepr ject applacation to i Ispe cPon and appro al bylthe Secretary andtsuch shall subject the construction work on anY Po1 work shall be in accordance Wit onsor or 'sn of sue h pr ject a s he Sechetary shal d em necessatryns and procedures shall require suc cost and progress reporting by the sp posor 18, Planning Projects. In carrying out planning projecu: a. It will execute the project in accordance with the approved program nanative contained in the project application ~ or with the modifications similarly approved. b, lt will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country, e It will give the Secretary unrestricted authority to publish, disclose, distribule, and otherwise use any of the material prepared in connection with this grant. f ct, to, do grant alltorany pan of this'phoje~tdasawell as the r ght tordisapp ove the proposed scope and cost oftheir subcontraors 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. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any h. planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of t e Secretary to approve any pending or fumre application for a Federal airport grant. 19, Operation and Maintenance. Page 20 of 30 a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceabie 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 activiry or action thereon which would interfere with its use for airport purposes. ]t will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance; the sponsor will have in effect arrangements for- (1) Operatmg the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Prompdy 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 lemporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federalfunds have been expended, 20. Hazard Removal and Mitigation. ]t will take appropriate action to assure that such terminal airspace as is required Io 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. Zl. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permil any change in land use, within its jurisdiction, that will reduce its compatibility, with respect io the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services ro the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activiry for fumishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonabie and nondiscriminatory discounis, 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 alt 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 sir carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shali 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 iransportation as are applicable to all such air carriers which make similar use of such airpori and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. ]t 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, ln the event the sponsor itself exercises any of Ihe rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by alI 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 ctass 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. Page 21 of 30 23. Exdusive Rights. ]t will permit no exclusive right for the use of the airpori by any person providing, or intending ro provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the foilowing applyi a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operaror to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firtn, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aeriai 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 activiry, repair and maintenance of aircrafr, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regatded as an aeronautical activiry, and that it will terminate any exclusive right to conduct an aeronautical activiry now existing at such an airpon 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 faciGties and services at the airport which will make the airporl as self-sustaining as possible under the circumstances existing at the particular airport, taking in[o account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway lmprovement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in estabiishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airpori and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airpori system; or other local facilities which are owned or operated by the owner or operator of the airport and which are direcdy 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 or assurances in debt obligations issued before September 3, 1982, by the owner or operaror of the airport, or provisions enacted before September 3, 1982, in goveming 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) sha0 not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion conceming, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. C. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a, submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably ' request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b, for airport development projects, make the airpori and all airpori records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent ot'the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) 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 uniu of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Govemment aircrafl in common with other aircraft at all times without charge, except, if the use by Govemment 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 Govemment aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a, Five (5) or more Govemment aircrafl are regularly based at the airport or on land adjacent thereto; or Page 22 of 30 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 Govemment aircraft using ihe airport (the total movement of Govemment aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. Zg. Land for Federal Facilities. lt will furnish without cost to the Federal Govemment for use in connection with any ait traffic control or air navigation activities, or weather-reporting and communication activities related to air haffic control, any areas of land or water, or estate therein, or righu 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 wririen request from the Secretary. 29, Airport Layout Plan. a, ]t will keep up to date at all times an airpori layout plan of the airport showing (1) boundaries of the airport and ail 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 namre of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of ail existing improvements thereon. Such airpon layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in confortniry with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safely, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects [he safery, utiliry, or efficiency of any federalty 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 Ihereoo to the level of safety, utiliry, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. ►t will comply with such rules as are promuigated ro 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 obliga[es the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assis►ance is extended, or for another pp se involving the provision of similar services or benefiu, or (b) the period during which the sponsor retains ownership or possession of the Pro e 31, Disposal of Land. a, For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no Ionger needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United 3tates' 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 compatibiliry project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibiliry program, b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. C. Land shall be considered to be needed for airport purposes under this assurance if (t) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d, Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used fbr purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. lt will award each contract, or sub-contract for program managemenl, construction management, planning studies, feasibilily studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotialed under Title IX of Page 23 of 30 the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airpori. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. 11 will carry out the project in accordance with policies, standards, and specifications approved by the Secretary inciuding but not limiled to the advisory circulars listed in the Currenl FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) h will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Interciry Buses. The airpori owner or operator will permit, to the maximum extent practicable, interciry 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 othermodes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Par126, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of iu failure io carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term Iease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a, If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at thal airport in order to allow the air carrier to provide service ro the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Page 24 of 30 CURRENT FAA ADVISORY CIRCULARS REGIUROEC7OS USE IN AIP FUNDED AND PFC APPROVED P Dated: 312112007 associated View the most current versions of these AC ~s a Pdouany cesladv 70/7460-1 K* 150/ 5 0 0-0 -13 150/5020-1 150/5070-66 15015070-7 150/5200-28C 15015200-30A and Changes 1 through 8 150/5200-33A 150/5210-5B 150/5210-7C 150/5210-136 150/5210-14A 150/5210-15 1 501521 0-1 8 1 501521 0-1 9 15015220-46 15015220-10C 150/5220-13 B 150/5220-16C 15015220-17A and Change 1 15015220-18 15015220-19 Obstruction Marking and Lighting Announcement of a ReQabireme and Recommende ts or Airport Surface Mo ement Seasorse Noise Control and Compatibility Planning for Airports Airport Master Plans The A port System Planning Process Notices to Airmen (NOTAMS) for Airport Operators Airport Winter Safety and Operations Hazardous Wildlife Attractants On or Near Airports Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System (DEVS) Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition Sensor Specification Guide lications Automated Weather Observing Systems for Non-Federal App Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and tce Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 15015220-20 and Change 1 15015220-21 B Page 25 of 30 NUMBER TITLE 1 ineered Materials Arresting Systems (EMAS) for Aircraft Overruns En 50/5220-22A g 15015300-13 and Airport Design Changes 1 through 10 150/5300-14 and Design of Aircraft Deicing Facilities Changes 1 through 2 150l5300-16 General Guidance and Specifications for Aeronauticel Surveys: t of Geodetic Controi and Submission to the Nationai Geodetic Establishmen Survey Generai Guidance and Specifications for Aeronautical Survey Airport Imagery 15015300-17 Acquisition and Submission to the National Geodetic Survey sion of Aeronautical Surveys i b 150/5300-18 s m General Guidance and Specifications for Su Collection and Geographic Information System (GIS) t D a a to NGS: Field Standards 150/5320-513 Airport Drainage 150/5320-6D and Airport Pavement Design and Evaluation Changes 1 through 4 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport and Changes 1 Pavement Surfaces through 8 150/5320-14 Airport Landscaping for Noise Control Purposes Management of Airport Industrial Waste 150/5320-15 and Change 1 150/5325-4B Runway Length Requirements for Airport Design 15015335-5A Standardized Method of Reporting Pavement Strength PCN 150/5340-1J Standards for Airport Markings Segmented Circle Airport Marker System 150/5340-513 and Change 1 15015340-18D Standards for Airport Sign Systems 15015340-306 Design and Installation Details for Airport Visual Aids 150/5345-3E Specification for L821 Panels for Control of Airport Lighting 15015345-56 Circuit Selector Switch 15015345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 15015345-12E Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26C Specification for L823 Plug and Receptacle, Cable Connectors Page 26 of 30 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator (PAPI) Systems 150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44G Specification for Taxiway and Runway Signs 150/5345-456 Low-Impact Resistant (LIR) Structures 150/5345-46C Specification for Runway and Taxiway Light Fixtures 150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting S stems 150/5345-496 Specification L854, Radio Control Equipment 150/5345-50A Specification for Portable Runway and Taxiway Lights 150/5345-51A Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glidesiope Indicators (GVGI) 150/5345-53C Airport Lighting Equipment Certification Program 150/5345-54A and Chan e 1 Specification for L-1884 Power and Control Unit for Land and Hold Short 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System ALCMS 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12D Airport Signing and Graphics 150/5360-13 and Chan e 1 planning and Design Guidance for Airport Terminal Facilities 150/5370-2E Operational Safety on Airports During Construction 150l5370-106 Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-26 Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases Page 27 of 30 THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY Dated: 312112007 Nk1MBER.. _ , e 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 15015100-15A Civil Rights Requirements for the Airport Improvement Program nce for Airport Improvement t i 150/5100-17 and a s ation Ass Land J Changes 1 ects Assisted Pro Program through 6 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5200-37 Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5300-15 Airfieid Pavement Surface Evaluation and Rating (PASER) Manuals 150/5320-17 Construction Progress and Inspection Report-Airport Grant P%grt m 150/5370-613 15015370-11A Use on Nondestructive Testmg Devices in the Evaluation of Airp Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7A Airport Pavement Management System Handbook for ldentification of Alkali-Silica Reactiviry in Airfield Pavements 150/5380-8 THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY Dated: 3I2112007 V cation 150/5000-12 Announcement of Availability-Passenger FacilitY Char9e(PFC) Appli (FAA Form 5500-1) Page 28 of 30 ATTACHMENT D CERTIFICATION REGARDING DRUGFREE WORKPLACE REQUIREMENTS A. The grantee certifies that it wil] or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; ( fl Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (0, B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) I 35 (5t-Sfi-eet SE kri 5, Tj ►15~I ~ 6 Check if there are wo c"laces on file that are not identified here. i Signed: _ ~ . Dated: DeCPm~~g, 2Q0 hy)CLh.ce D~ rp c~~ ~,~1 C- - AAdevSa" Typed Name and Title of Sponsor Representative Page 29 of 30 ATTACHMENT E PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form of inspection program tit deems appropriate. The program must, as a minimum, include the following: l. Pavement Inventory. The following must be depicted in an appropriate form and level of details: Location of all runways, taxiways, and aprons Dimensions Type of pavement Year of construction or most recent rehabilitation For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspections may be extended to three years. b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minim information to be recorded is listed below. a, inspection date b. location c. distress rypes d. maintenance scheduled or performed For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedwes for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair are presented. Page 30 of 30