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ORDINANCE NO. 9960
AN ORDINANCE APPROVING AND ACCEPTING FEDERAL
AVIATION ADMINISTRATION AIP GRANT AGREEMENT NO. 3-
08-0046-041-2021 FOR FUNDS IN THE AMOUNT OF $1,052,631
TO RECONSTRUCT AND REHABILITATE A PORTION OF
TAXIWAY E AT THE PUEBLO MEMORIAL AIRPORT,
AUTHORIZING THE MAYOR TO EXECUTE SAME, BUDGETING
AND APPROPRIATING $1,052,631 TO PROJECT NO. AP2101,
AND INCREASING THE TOTAL AMOUNT IN THE TAXIWAY E
RECONSTRUCTION PROJECT NO. AP2101 TO $1,217,248
WHEREAS, the City of Pueblo has received a Grant Agreement from the Federal Aviation
Administration (“FAA”) to reconstruct and rehabilitate a portion of Taxiway E; and
WHEREAS, the funds from this grant need to be budgeted and appropriated into the
Taxiway E Reconstruction Project No. AP2101; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Federal Aviation Administration Grant Agreement No. 3-08-0046-041-2021 (the
“Agreement”), a copy of which is attached hereto and made a part hereof by reference, by and
between the City of Pueblo, a Municipal Corporation, and the United States of America through
the Federal Aviation Administration, making available $1,052,631.00 in federal funds to
reconstruct and rehabilitate a portion of Taxiway E, after having been approved as to form by the
City Attorney, is hereby accepted and approved.
SECTION 2.
The Mayor is hereby authorized to execute the Agreement in the name and on behalf of
the City of Pueblo, where the Mayor may execute the Agreement by electronic signature and such
electronic signature shall be attributable to the Mayor and the City of Pueblo.
SECTION 3.
Funds in the amount of $1,052,631.00 shall be accepted from the Agreement and
budgeted and appropriated to the Taxiway E Reconstruction Project No. AP2101.
SECTION 4.
Total funding in the Taxiway E Reconstruction Project No. AP2101 is hereby increased to
$1,217,248.00.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the Grant Agreement to implement the policies and procedures described
therein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 28, 2021
Final adoption of Ordinance by City Council on July 12, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on July 14, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 28, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Greg Pedroza, Interim Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION
ADMINISTRATION AIP GRANT AGREEMENT NO. 3-08-0046-041-2021 FOR
FUNDS IN THE AMOUNT OF $1,052,631 TO RECONSTRUCT AND
REHABILITATE A PORTION OF TAXIWAY E AT THE PUEBLO MEMORIAL
AIRPORT, AUTHORIZING THE MAYOR TO EXECUTE SAME, BUDGETING
AND APPROPRIATING $1,052,631 TO PROJECT NO. AP2101, AND
INCREASING THE TOTAL AMOUNT IN THE TAXIWAY E RECONSTRUCTION
PROJECT NO. AP2101 TO $1,217,248
SUMMARY:
This Ordinance will approve and accept a Federal Aviation Administration (“FAA”) grant
agreement to provide funding to reconstruct a portion of Taxiway E and rehabilitate a portion of
the apron edge taxiway (seal coat/crack sealing) at the Pueblo Memorial Airport.
PREVIOUS COUNCIL ACTION:
On January 25, 2021, the City approved Ordinance No. 9869, establishing the Taxiway E
Reconstruction Project No. AP2101, budgeting and appropriating funds for the design of the
project and approving a contract with Dibble and Associates Consulting Engineers.
BACKGROUND
The existing apron edge east of Taxiway E presents a safety issue as it creates a bottleneck at
Taxiway E with aircraft accessing Runways 8L-26R and 8R-26L. It also forces aircraft to use
Taxiway A to access the hangars on the east side of the airfield. This project will eliminate the
bottleneck and provide alternate access to the hangars. The existing deteriorated concrete
pavement on the south side of Taxiway E will be removed and graded to current FAA standards.
FINANCIAL IMPLICATIONS:
The project will cost $1,052,631. The FAA Airport Improvement Program (“AIP”) Grant covers
100% of the project. The funds will be budgeted into the Taxiway E Reconstruction Project
No. AP2101, increasing the total amount in the project to $1,217,248. Before the FAA would
issue a grant, the project had to be designed and bids received. Therefore, City Council
approved funds under Ordinance No. 9869 for the design and bid portion of the project in the
amount of $164,617. Since the FAA is funding 100% of the project, these funds will be
reimbursed.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the grant will be returned to the FAA and the project will not
be completed.
RECOMMENDATION
The Department of Aviation recommends approval of this Ordinance.
Attachments:
Proposed Ordinance
USDOT Federal Aviation Administration Grant Agreement No. 3-08-0046-041-2021
Grant Certification Memo
3-08-0046-041-2021
0
U.S.Department
of Transportation
Federal Aviation
Administration
FAA Airport Improvement Program (AIP)
GRANT AGREEMENT
Part I -Offer
Federal Award Offer Date June 11, 2021
Airport/Planning Area Pueblo Memorial Airport
FY2021 AIP Grant Number 3-08-0046-041-2021 [Contract No. DOT-FA21NM-1058]
Unique Entity Identifier 01-062-0284
TO: City of Pueblo,Colorado
(herein called the"Sponsor")(For Co-Sponsors,list all Co-Sponsor names.The word"Sponsor"in this Grant Agreement also
applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated January 13, 2021,for a
grant of Federal funds for a project at or associated with the Pueblo Memorial Airport, which is included
as part of this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Pueblo Memorial Airport (herein called the "Project")
consisting of the following:
Reconstruct Portion of Apron Edge as Taxiway"E" (A6 to E7)(640 ft.);Rehabilitate a Portion of Apron
Edge Taxiway(485 ft.) (seal coat/crack sealing)
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the FAA Reauthorization Act of 2018
(Public Law Number 115-254);Title 49, United States Code (U.S.C.), Chapters 471 and 475;49 U.S.C. §§
40101 et seq., and 48103;the Department of Transportation Appropriations Act, 2021 (Public Law 116-
260, Division L), as further amended by the American Rescue Plan Act of 2021 (Public Law 117-2);and
the representations contained in the Project Application; and in consideration of: (a)the Sponsor's
adoption and ratification of the Grant Assurances attached hereto; (b)the Sponsor's acceptance of this
Offer;and (c)the benefits to accrue to the United States and the public from the accomplishment of the
Project and compliance with the Grant Assurance and conditions as herein provided;
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THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,HEREBY
OFFERS AND AGREES to pay Federal Share e.g.,100.00 percent of the allowable costs incurred
accomplishing the Project as the United States share of the Project.
Assistance Listings Number(Formerly CFDA Number):20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$1,052,631.
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment, which may increase the
foregoing maximum obligation of the United States under the provisions of 49 U.S.C. §47108(b):
$0.00 for planning;
$1,052,631 airport development or noise program implementation;and,
$0.00 for land acquisition.
2. Grant Performance.This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed
by the last Sponsor signatory to the Agreement.The end date of the Period of
Performance is 4 years(1,460 calendar days)from the date of acceptance.The Period of
Performance end date shall not affect, relieve,or reduce Sponsor obligations and
assurances that extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date,which may include one or more funded portions or budget periods.
(2 Code of Federal Regulations(CFR) § 200.1).
b. Budget Period:
1. For this Grant is 4 years(1,460 calendar days)and follows the same start and end date as
the period of performance provided in Paragraph a.1. Pursuant to 2 CFR§200.403(h),the
Sponsor may charge to the Grant only allowable costs incurred during the Budget Period.
2. Means the time interval from the start date of a funded portion of an award to the end
date of that funded portion during which the Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to§ 200.308.
c. Close Out and Termination
1. Unless the FAA authorizes a written extension,the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off)all obligations incurred under this award no later
than 120 calendar days after the end date of the period of performance. If the Sponsor
does not submit all required closeout documentation within this time period,the FAA will
proceed to close out the grant within one year of the period of performance end date with
the information available at the end of 120 days. (2 CFR § 200.344).
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2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions
set forth in 2 CFR§ 200.340, or other Federal regulatory or statutory authorities as
applicable.
3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the
FAA has determined to be ineligible or unallowable.
4. Indirect Costs-Sponsor.The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the project application as accepted by the FAA,to allowable costs
for Sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs.The United States' share of allowable project costs
will be made in accordance with 49 U.S.C. §47109,the regulations, policies, and procedures of the
Secretary, and any superseding legislation. 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. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor
must carry out and complete the project without undue delays and in accordance with this
Agreement,49 U.S.C. Chapters 471 and 475,and the regulations, policies, and procedures of the
Secretary of Transportation ("Secretary"). Per 2 CFR§ 200.308,the Sponsor agrees to report to the
FAA any disengagement from performing the project that exceeds three months or a 25 percent
reduction in time devoted to the project, and request prior approval from FAA.The report must
include a reason for the project stoppage. The Sponsor also agrees to comply with the grant
assurances,which are part of this Agreement.
7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any
part of the costs of the project unless this offer has been accepted by the Sponsor on or before
July 30, 2021, or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,
to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes,
or misused in any other manner for any project upon which Federal funds have been expended.
For the purposes of this Grant Agreement,the term "Federal funds" means funds however used or
dispersed by the Sponsor,that were originally paid pursuant to this or any other Federal grant
agreement.The Sponsor must obtain the approval of the Secretary as to any determination of the
amount of the Federal share of such funds.The Sponsor must return the recovered Federal share,
including funds recovered by settlement,order, or judgment,to the Secretary.The Sponsor must
furnish to the Secretary, upon request, all documents and records pertaining to the determination
of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds.All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share require advance approval by the Secretary.
10. United States Not Liable for Damage or Injury.The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or be incident to,compliance with
this Grant Agreement.
11. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI).
a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its
information in the SAM until the Sponsor submits the final financial report required under this
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grant, or receives the final payment,whichever is later.This requires that the Sponsor review
and update the information at least annually after the initial registration and more frequently
if required by changes in information or another award term. Additional information about
registration procedures may be found at the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier(UEI) means a 12-character alpha-numeric value used to identify a
specific commercial, nonprofit or governmental entity.A UEI may be obtained from SAM.gov
at https://sam.gov/SAM/pages/public/index.isf.
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each
payment request under this Agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. If, during the life of the project,the FAA determines
that the maximum grant obligation of the United States exceeds the expected needs of the
Sponsor by$25,000 or five percent(5%),whichever is greater,the FAA can issue a letter
amendment to the Sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an
overrun in the total actual eligible and allowable project costs to cover the amount of the overrun
provided it will not exceed the statutory limitations for grant amendments.The FAA's authority to
increase the maximum obligation does not apply to the "planning"component of Condition No. 1.
The FAA can also issue an informal letter amendment that modifies the grant description to
correct administrative errors or to delete work items if the FAA finds it advantageous and in the
best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA
may suspend, cancel, or terminate this Grant Agreement.
15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. §
50101,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 which
funds are provided under this grant.The Sponsor will include a provision implementing Buy
American in every contract and subcontract awarded under this Grant.
17. Maximum Obligation Increase. In accordance with 49 U.S.C. §47108(b)(3), as amended,the
maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are available;
c. May be increased by not more than the greater of the following for a, land project, if funds are
available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an
interest in the land.
If the sponsor requests an increase,any eligible increase in funding will be subject to the United
States Government share as provided in 49 U.S.C. §47110,or other superseding legislation if
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applicable,for the fiscal year appropriation with which the increase is funded.The FAA is not
responsible for the same Federal share provided herein for any amount increased over the initial
grant amount.The FAA may adjust the Federal share as applicable through an informal letter of
amendment.
18. Audits for Sponsors.
PUBLIC SPONSORS.The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200.The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA,the Sponsor shall provide one
copy of the completed audit to the FAA.
19. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR §
180.200,the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management(SAM)to determine if the non-Federal entity is excluded or
disqualified; or
2. Collecting a certification statement from the non-Federal entity attesting they are not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting individual or firm are not
excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR§ 180.330 when entering into lower-tier
transactions(e.g.Sub-contracts).
c. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a
covered transaction with an ineligible entity or(2)suspends or debars a contractor, person,or
entity.
20. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving,
December 30, 2009,the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for,or on behalf of,the Federal government, including work relating to a grant or
subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts, and subcontracts funded with this Grant.
21. Trafficking in Persons.
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a. You as the recipient,your employees, subrecipients under this Grant, and subrecipients'
employees may not–
1. Engage in severe forms of trafficking in persons during the period of time that the Grant
and applicable conditions are in effect;
2. Procure a commercial sex act during the period of time that the Grant and applicable
conditions are in effect; or
3. Use forced labor in the performance of the Grant or any subgrants under this Grant.
b. We as the Federal awarding agency, may unilaterally terminate this Grant,without penalty, if
you or a subrecipient that is a private entity–
1. Is determined to have violated a prohibition in paragraph a. of this condition; or
2. Has an employee who is determined by the agency official authorized to terminate the
Grant to have violated a prohibition in paragraph a.of this condition through conduct that
is either–
a. Associated with performance under this Grant; or
b. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB
Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement),"as implemented by our agency at 49 CFR Part 29.
c. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a. of this condition.
d. Our right to terminate unilaterally that is described in paragraph a. of this condition:
1. Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), as
amended (22 U.S.C.7104(g)), and
2. Is in addition to all other remedies for noncompliance that are available to us under this
Grant Agreement.
22. Exhibit"A" Property Map.The Exhibit"A" Property Map dated January 16, 2019, is incorporated
herein by reference or is submitted with the project application and made part of this Grant
Agreement.
23. Employee Protection from Reprisal.
a. Prohibition of Reprisals —
1. In accordance with 41 U.S.C. §4712, an employee of a Sponsor,grantee, subgrantee,
contractor,or subcontractor may not be discharged,demoted, or otherwise discriminated
against as a reprisal for disclosing to a person or body described in sub-paragraph a.2.
below, information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety;or
v. A violation of law, rule,or regulation related to a Federal grant.
2. Persons and bodies covered.The persons and bodies to which a disclosure by an employee
is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
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iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at the
relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor,contractor, or subcontractor
who has the responsibility to investigate, discover,or address misconduct; or
vii. An authorized official of the Department of Justice or other law enforcement agency.
3. Submission of Complaint—A person who believes that they have been subjected to a
reprisal prohibited by paragraph a. of this grant term may submit a complaint regarding
the reprisal to the Office of Inspector General (OIG)for the U.S. Department of
Transportation.
4. Time Limitation for Submittal of a Complaint— A complaint may not be brought under this
condition more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General —Actions, limitations, and exceptions of the
Inspector General's office are established under 41 U.S.C. §4712(b).
6. Assumption of Rights to Civil Remedy— Upon receipt of an explanation of a decision not
to conduct or continue an investigation by the Office of Inspector General, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §4712(c).
SPECIAL CONDITIONS
24. Final Project Documentation.The Sponsor understands and agrees that in accordance with 49 USC
47111, and with the Airport District Office's(ADO) concurrence,that no payments totaling more
than 90.0 percent of United States Government's share of the project's estimated allowable cost
may be made before the project is determined to be substantially complete.Substantially
complete means the following: (1)The project results in a complete, usable unit of work as defined
in the grant agreement and (2)The sponsor submits necessary documents showing that the
project is substantially complete per the contract requirements, or has a plan (that FAA agrees
with)that addresses all elements contained on the punch list. Furthermore, no payments totaling
more than 97.5 percent of the United States Government's share of the project's estimated
allowable cost may be made until: (1)The sponsor submits all necessary closeout documentation
and (2)The sponsor receives final payment notification from the ADO.
25. AGIS Requirements.Airports GIS requirements, as specified in Advisory Circular 150/5300-18,
apply to the project included in this grant offer. Final construction as-built information or planning
deliverables must be collected according to these specifications and submitted to the FAA.The
submittal must be reviewed and accepted by the FAA before the grant can be administratively
closed.
26. Solid Waste Recycling Plan.The Sponsor certifies that it has a solid waste recycling plan as part of
an existing Airport Master Plan, as prescribed by 49 U.S.C. §47106(a)(6).
27. Buy American Executive Orders.The Sponsor agrees to abide by applicable Executive Orders in
effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the
Future Is Made in All of America by All of America's Workers.
28. Pavement Maintenance Management Program.The Sponsor agrees that it will implement an
effective airport pavement maintenance management program as required by Airport Sponsor
Grant Assurance 11, Pavement Preventive Management.The Sponsor agrees that it will use the
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program for the useful life of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the airport.The Sponsor further agrees that the program will:
a. Follow the current version of FAA Advisory Circular 150/5380-6, "Guidelines and Procedures
for Maintenance of Airport Pavements,"for specific guidelines and procedures for maintaining
airport pavements, establishing an effective maintenance program, specific types of distress
and its probable cause, inspection guidelines, and recommended methods of repair;
b. Detail the procedures to be followed to assure that proper pavement maintenance, both
preventive and repair, is performed;
c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval,
and Reference, meeting the following requirements:
1. Pavement Inventory.The following must be depicted in an appropriate form and level of
detail:
a. Location of all runways,taxiways, and aprons;
b. Dimensions;
c. Type of pavement;and,
d. Year of construction or most recent major rehabilitation.
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 the Advisory Circular 150/5380-6,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. For drive-by
inspections,the date of inspection and any maintenance performed must be recorded.
3. Record Keeping. Complete information on the findings of all detailed inspections and on
the maintenance performed must be recorded and kept on file for a minimum of five
years.The type of distress, location, and remedial action, scheduled or performed, must
be documented.The minimum information is:
a. Inspection date;
b. Location;
c. Distress types; and
d. Maintenance scheduled or performed.
4. Information Retrieval System.The Sponsor must be able to retrieve the information and
records produced by the pavement survey to provide a report to the FAA as may be
required.
29. Project Containing Paving Work in Excess of$500,000.The Sponsor agrees to:
a. Furnish a construction management program to the FAA prior to the start of construction
which details the measures and procedures to be used to comply with the quality control
provisions of the construction contract, including, but not limited to, all quality control
provisions and tests required by the Federal specifications. The program must include as a
minimum:
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1. The name of the person representing the Sponsor who has overall responsibility for
contract administration for the project and the authority to take necessary actions to
comply with the contract;
2. Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project,together with a description of the services to be provided;
3. Procedures for determining that the testing laboratories meet the requirements of the
American Society of Testing and Materials standards on laboratory evaluation referenced
in the contract specifications(D 3666, C 1077);
4. Qualifications of engineering supervision and construction inspection personnel;
5. A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken,the method of sampling,the applicable test standard,and
the acceptance criteria or tolerances permitted for each type of test;and
6. Procedures for ensuring that the tests are taken in accordance with the program, that they
are documented daily, and that the proper corrective actions,where necessary, are
undertaken.
a. Submit at completion of the project, a final test and quality assurance report
documenting the summary results of all tests performed; highlighting those tests that
indicated failure or that did not meet the applicable test standard.The report must
include the pay reductions applied and the reasons for accepting any out-of-tolerance
material. Submit interim test and quality assurance reports when requested by the
FAA.
b. Failure to provide a complete report as described in paragraph b., or failure to perform
such tests, will,absent any compelling justification, result in a reduction in Federal
participation for costs incurred in connection with construction of the applicable
pavement. Such reduction will be at the discretion of the FAA and will be based on the
type or types of required tests not performed or not documented and will be
commensurate with the proportion of applicable pavement with respect to the total
pavement constructed under the Grant Agreement.
c. The FAA, at its discretion, reserves the right to conduct independent tests and to
reduce grant payments accordingly if such independent tests determine that sponsor
test results are inaccurate.
30. Airport Layout Plan.The Sponsor understands and agrees to update the Airport Layout Plan to
reflect the construction to standards satisfactory to the FAA and submit it in final form to the FAA
as prescribed by 49 U.S.C. §47107(a)(16). It is further mutually agreed that the reasonable cost of
developing said Airport Layout Plan Map is an allowable cost within the scope of this project, if
applicable.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided,and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the
Project and compliance with the Grant Assurances,terms,and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents.You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Jol'in
Bauer(Jun 17 2021 15.29 MDT)
(Signature)
John P. Bauer
(Typed Name)
Manager, Denver Airports District Office
(Title of FAA Official)
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.Section
1001(False Statements)and could subject you to fines, imprisonment,or both.
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Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to
in the foregoing Offer,and does hereby accept this Offer and by such acceptance agrees to comply with
all of the Grant Assurances,terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents.You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated July 13,2021
CITY OF PUEBLO,COLORADO
(Name of Sponsor)
Nichola,Gradisar(Jul 13,20)1 13 40 MDT)
(Signature of Sponsor's Authorized Official)
By: Nicholas Gradisar
(Typed Name of Sponsor's Authorized Official)
Title: Mayor
(Title of Sponsor's Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.Section
1001(False Statements)and could subject you to fines, imprisonment,or both.
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, Daniel C. Kogovsek , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and Sponsor's official representative,who has been duly authorized to execute
this Grant Agreement,which is in all respects due and proper and in accordance with the laws of the
said State,the FAA Reauthorization Act of 2018 (Public Law Number 115-254);Title 49 U.S.C.,Chapters
471 and 475;49 U.S.C. §§40101,et seq., and 48103; and the Department of Transportation
Appropriations Act, 2021 (Public Law 116-260, Division L), as further amended by the American Rescue
Plan Act of 2021 (Public Law 117-2). In addition,for grants involving projects to be carried out on
property not owned by the Sponsor,there are no legal impediments that will prevent full performance
by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents.You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated at July 13,2021
By: na ,ie‘c. rcovovsek
Daniel C.Kogovsek(Jul 1.1,1021 14 13 MDT)
(Signature of Sponsor's Attorney)
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section
1001(False Statements)and could subject you to fines, imprisonment,or both.
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ASSURANCES
AIRPORT SPONSORS
A. General.
a. 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.
b. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended.As used
herein,the term "public agency sponsor" means a public agency with control of a public-use
airport;the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
c. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and
become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor.
The terms, conditions and assurances of this grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty(20)years from the date of acceptance of a grant offer of
Federal funds for the project. However,there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport.There shall be no limit on the duration of the terms,conditions,and assurances with
respect to real property acquired with federal funds. Furthermore,the duration of the Civil
Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility 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 this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30,
32, 33,and 34 in Section C apply to planning projects.The terms, conditions,and assurances of
this grant agreement shall remain in full force and effect during the life of the project;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 airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies,with respect to this grant that:
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1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines,and
requirements as they relate to the application, acceptance and use of Federal funds for this project
including but not limited to the following:
FEDERAL LEGISLATION
a. Title 49, U.S.C., subtitle VII,as amended.
b. Davis-Bacon Act—40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act-29 U.S.C. 201,et seq.
d. Hatch Act–5 U.S.C. 1501, et seq.'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.
4601,et seq.1 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.1
h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et seq.
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
I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 -29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race,color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 -42 U.S.C. 6101, et seq.
q. American Indian Religious Freedom Act, P.L.95-341, as amended.
r. Architectural Barriers Act of 1968-42 U.S.C.4151,et seq.'
s. Power plant and Industrial Fuel Use Act of 1978–Section 403-2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act-40 U.S.C. 327, et seq.'
u. Copeland Anti-kickback Act- 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969-42 U.S.C.4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984-31 U.S.C. 7501,et seq.'
y. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
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z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282,
as amended by section 6202 of Pub. L. 110-252).
EXECUTIVE ORDERS
a. Executive Order 11246—Equal Employment Opportunity'
b. Executive Order 11990—Protection of Wetlands
c. Executive Order 11998—Flood Plain Management
d. Executive Order 12372—Intergovernmental Review of Federal Programs
e. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12898—Environmental Justice
FEDERAL REGULATIONS
a. 2 CFR Part 180—OMB Guidelines to Agencies on Government-wide Debarment and Suspension
(Non-procurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with
State and Local Governments, and OMB Circular A-133 -Audits of States, Local Governments,
and Non-Profit Organizations].4,5,6
c. 2 CFR Part 1200—Non-procurement Suspension and Debarment.
d. 14 CFR Part 13—Investigative and Enforcement Procedures
e. 14 CFR Part 16—Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150—Airport noise compatibility planning.
g. 28 CFR Part 35—Discrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR §50.3—U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1—Procedures for predetermination of wage rates.'
j. 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.'
k. 29 CFR Part 5—Labor standards provisions applicable to contracts covering federally financed
and assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act).'
I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor(Federal and federally assisted contracting requirements).'
m. 49 CFR Part 18—Uniform administrative requirements for grants and cooperative agreements to
state and local governments.'
n. 49 CFR Part 20—New restrictions on lobbying.
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o. 49 CFR Part 21—Nondiscrimination in federally-assisted programs of the Department of
Transportation -effectuation of Title VI of the Civil Rights Act of 1964.
p. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions.
q. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs.'2
r. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
s. 49 CFR Part 27—Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.'
t. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
u. 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.
v. 49 CFR Part 32—Government-wide Requirements for Drug-Free Workplace(Financial
Assistance).
w. 49 CFR Part 37—Transportation Services for Individuals with Disabilities(ADA).
x. 49 CFR Part 41—Seismic safety of Federal and federally assisted or regulated new building
construction.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this grant agreement.
FOOTNOTES TO ASSURANCE C.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance
under Title 49, United States Code.
° On December 26, 2013 at 78 FR 78590,the Office of Management and Budget(OMB) issued the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants(OMB Circular A-102 and Circular A-110 or 2 CFR Part
215 or Circular) as well as the Cost Principles(Circulars A-21 or 2 CFR part 220; Circular A-87 or 2
CFR part 225;and A-122, 2 CFR part 230).Additionally it replaces Circular A-133 guidance on the
Single Annual Audit. In accordance with 2 CFR section 200.110,the standards set forth in Part
200 which affect administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this Part becomes
final. Federal agencies, including the Department of Transportation, must implement the
policies and procedures applicable to Federal awards by promulgating a regulation to be
effective by December 26,2014 unless different provisions are required by statute or approved
by OMB.
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Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this 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 this grant and to finance and carry out the proposed project
and comply with all terms,conditions, and assurances of this grant agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein;to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title,satisfactory to the Secretary,to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions,and assurances in this grant
agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor.This shall be done in a manner acceptable to the
Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254,Section 163, it will not sell, lease,
encumber,or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or,for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended,for the duration of
the terms, conditions, and assurances in this grant agreement without approval by the
Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States
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Code,to assume the obligations of this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations,the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the
transferee all of the terms,conditions, and assurances contained in this grant agreement.
c. For all noise compatibility 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 government. Except as otherwise specified by the
Secretary,that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project.That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor,the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance Title 49, United States Code,the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use,to taxi an aircraft between that property and any location on airport.Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application)of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake 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.
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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 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.
10. Metropolitan Planning Organization.
In projects involving the location of an airport,an airport runway, or a major runway extension at a
medium or large hub airport,the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995,for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it 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 project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code, and all the security
equipment required by rule or regulation, and 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 this grant,the total cost of the project in connection with
which this 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 facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives,for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this grant.The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a grant or relating to the project in connection with which this grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
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States not later than six(6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of$2,000 for work on any projects funded under this grant
agreement which involve labor, provisions establishing minimum rates of wages,to be
predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5),which contractors shall pay to skilled and unskilled labor, and such minimum
rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this grant agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor(except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title
49, United States Code. However,this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
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.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary,and incorporated into this grant agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications,and schedules approved by
the Secretary for the 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.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
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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 part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for 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 affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow,flood or other climatic conditions
interfere with such operation and maintenance. 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 assure that such terminal airspace as is required to protect
instrument and visual operations to the airport(including established minimum flight altitudes)will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action,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
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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 compatibility, with respect to the
airport,of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make 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 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 activity for furnishing services to the public at the airport,the sponsor will insert
and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to 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 reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each 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 directly
and substantially related to providing air transportation as are applicable to all such air carriers
which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or 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. It will not exercise or grant any right or privilege which operates to prevent any person,firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees [including, but not limited to maintenance, repair, and fueling]that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance,the services involved will be provided on the same conditions as would apply to the
furnishing of such services by 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
airport.
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i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive 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 not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services,and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-based
operator and such airport. It further agrees that it will not, either directly or indirectly,grant or
permit any person,firm, or corporation,the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography,crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport,taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development,airport planning or noise compatibility project for
which a grant is made under Title 49, United States Code,the Airport and Airway Improvement Act
of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
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.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport,to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities,then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
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2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land,this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale.This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period)of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at Section 47102 of title 49 United
States Code), if the FAA determines the airport sponsor meets the requirements set forth
in Sec. 813 of Public Law 112-95.
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 concerning,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 airport and all airport records and documents
affecting the airport, including deeds, leases,operation and use agreements, regulations and
other instruments,available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this grant agreement
including deeds, leases, agreements, regulations, and other instruments, available 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 available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. 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.
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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 Government
aircraft in common with other aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of
those which, in the opinion of the Secretary,would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that—
a. Five (5)or more Government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements(counting each landing as a movement)of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities,or weather-reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as
the Secretary considers necessary or desirable for construction, operation, and maintenance at
Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be
made available as provided herein within four months after receipt of a written request from the
Secretary.
29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up
to date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto,together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways,taxiways, aprons,terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon;and
4. all proposed and existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a 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 conformity with the airport layout plan
as approved by the Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
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a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254,Section 163, if a
change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility,or efficiency of any federally owned,
leased,or funded property on or off the airport and which is not in conformity with
the airport layout plan as approved by the Secretary, the owner or operator will, if
requested, by the Secretary(1) eliminate such adverse effect in a manner approved by
the Secretary;or(2) bear all costs of relocating such property (or replacement thereof)
to a site acceptable to the Secretary and all costs of restoring such property(or
replacement thereof)to the level of safety, utility,efficiency, and cost of operation
existing before the unapproved change in the airport or its facilities except in the case
of a relocation or replacement of an existing airport facility due to a change in the
Secretary's design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race,creed,color, national origin, sex,age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from,funds received from this grant.
a. Using the definitions of activity,facility and program as found and defined in §§ 21.23 (b)and
21.23 (e)of 49 CFR§ 21,the sponsor will facilitate all programs, operate all facilities, or conduct
all programs in compliance with all non-discrimination requirements imposed by, or pursuant
to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities,these requirements extend to all of the
sponsor's programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter or acquire a facility,or part of a facility,the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property.Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property,the
assurance will extend to rights to space on,over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program,except where the 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:
1. So long as the airport is used as an airport,or for another purpose involving the provision
of similar services or benefits;or
2. So long as the sponsor retains ownership or possession of the property.
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d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this grant agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The City of Pueblo, Colorado, in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies
all bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises and airport concession disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the DOT, and
incorporating the acts and regulations into the contracts by reference in every contract or
agreement subject to the non-discrimination in Federally-assisted programs of the DOT
acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin, creed, sex, age, or handicap as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project,or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project,or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants,transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts,the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value,at the earliest practicable time.That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or(2)
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transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give
preference to the following, in descending order, (1)reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is eligible for grant funding
under Section 47117(e)of title 49 United States Code, (3) reinvestment in an approved airport
development project that is eligible for grant funding under Sections 47114,47115, or 47117 of
title 49 United States Code, (4)transferred to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that airport, and (5) paid to the
Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for
noise compatibility purposes is leased at fair market value and consistent with noise buffering
purposes,the lease will not be considered a disposal of the land. Revenues derived from such a
lease may be used for an approved airport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
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 or transferred to another
eligible airport as prescribed by the Secretary.The Secretary shall give preference to the
following, in descending order: (1) reinvestment in an approved noise compatibility project, (2)
reinvestment in an approved project that is eligible for grant funding under Section 47117(e)of
title 49 United States Code, (3) reinvestment in an approved airport development project that
is eligible for grant funding under Sections 47114,47115, or 47117 of title 49 United States
Code, (4)transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in
the Airport and Airway Trust Fund.
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 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 for purposes which
are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
Engineering and Design Services. If any phase of such project has received Federal funds under
Chapter 471 subchapter 1 of Title 49 U.S.C., 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 in the same
manner as a contract for architectural and engineering services is negotiated under Chapter 11 of
Title 40 U. S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor
of the airport.
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33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies,Standards,and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars for AIP projects as of
June 11, 2021
35. Relocation and Real Property Acquisition.
a. 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.
b. 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.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or 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 other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race,color, national origin or sex in the award and
performance of any DOT-assisted contract covered by 49 CFR Part 26,or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise(DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26.The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program,the Department may impose
sanctions as provided for under Parts 26 and 23 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 1936(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
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operator will grant to the aircraft owner for the hangar a long term lease 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 that airport in order to allow the air carrier to provide
service to 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.
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