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HomeMy WebLinkAbout7701RESOLUTION NO. 7701 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION BY THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR FEDERAL GRANT ASSISTANCE FROM THE FEDERAL AVIATION ADMINISTRATION FOR 1995 PUEBLO MEMORIAL AIRPORT IMPROVEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME Be it resolved by the City Council of Pueblo that: SECTION 1 The City of Pueblo is authorized to file an application with the Federal Aviation Administration for federal grant assistance for 1995 Pueblo Memorial Airport improvements consisting of: 1. Grading and Drainage for Taxiway "K" Extension and Connecting Bypass Taxiway "M ". SECTION 2 The President of the City Council is hereby authorized to execute the grant application on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED September 11, 1995 ATTEST: MY I ` � 'City Clerk BY Fay Kastelic �Councilperson APPRO ED: President of the City Council D F ED D City of Pueblo JAMES P. ELWOOD Director of Aviation Mr. Alan E. Wiechmann, Manager Airports District Office Federal Aviation Administration 5440 Roslyn Street, Suite 300 Denver, Colorado 80216 Subject: Pueblo Memorial Airport Pueblo, Colorado AIP Project No. 3 -08- 0046 -15 Application for Federal Assistance Dear Mr. Wiechmann: 31201 Bryan Circle Pueblo, Colorado 81001 (719) 948 -3355 (719) 948 -3381 The City of Pueblo, Colorado as Airport Sponsor, is herewith submitting the original and one (1) copy of the Application for Federal Assistance for the above referenced 1995 Airport Improvement Program project. The Application covers the following work items: Grading and Drainage for Taxiway "K" Extension and Connecting Bypass Taxiway "M ". Sponsor funds are available to cover the Sponsor's share of the costs associated with this project. Please discard any previous copies of this Application you may have. Should further information be required. Please contact us. Thank you for your assistance. Very truly yours, Christian Weaver President, City Council Enclosure: Application OMB Approval No. 0348 -0043 APPLICATION FOR 2. Date Submitted Applicant Identifier FEDERAL ASSISTANCE 1. Type of Submission: 3. Date Received By State State Application Identifier Application Preapplication 0 Construction ❑ Construction 4. Date Received By Federal Agency Federal Identifier ❑ Non - Construction ❑ Non - Construction Legal Name: City of Pueblo, Colorado Organizational Unit: City Council Address (give city, county, state and zip code): Name and telephone number of the person to be contacted on matters involving this application (give area code): City Hall Mr. James P. Elwood Pueblo, Colorado Director of Aviation (719) 948 -3355 6. Employer Identification Number (EIN): 7. Type of Applicant: (enter appropriate letter in box) C 84- 6000615 A. State H. Independent School Dist. 8. Type of Application [F] New ❑ Continuation ❑ Revision B. County L State Controlled Institution of Higher Learning C. Municipal J. Private University If Revision, enter appropriate letter(s) in box(es) ❑ ❑ D. Township K. Indian Tribe A. Increase Award B. Decrease Award C. Increase Duration E. Interstate L. Individual F. Intetmunicipal M. Profit Organization D. Decrease Duration Other (specify) G. Special District N. Other (Specify) 9. Name of Federal Agency: Federal Aviation Administration 10. Catalog of Federal Domestic 2 0 • 106 11. Descriptive Title of Applicant's Project: Assistance Number: Title: Airport Improvement Program 1. Grading and Drainage for Taxiway "K" Extension and Connecting Bypass Taxiway "M ". 12. Areas Affected by Project (cities, counties, state, etc.): City of Pueblo 13. Proposed Project: 14. Congressional Districts Of: Start Date Ending Date a. Applicant b. Project Oct., 95 Dec., 95 3rd 3rd 15. Estimated Funding: 16. Is Application Subject to Review By State Executive Order 12372 Process? a. YES This Preapplication /Application was made available to the State a. Federal $ 384,736 Executive Order 12372 Process for Review On. DATE May 30, 1989 b. NO ❑ Program is not covered by E O 12372 ❑ Or Program Has Not Been Selected by State for Review b. Applicant $ 42,749 C. State $ d. Local $ e. Other $ f. Program Income $ 17. Is the Applicant Delinquent on any Federal Debt'? ❑ Yes If "Yes" attach an explanation ❑x No G. TOTAL $ 427,485 18. To the best of my knowledge and belief, all data in this application / preapplication are true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Representative: b. Title: c. Telephone Number: Christian Weaver President, City Council (719) 545 -0561 d. Signature of Authorized Representative: c. Date Signed q � " t I V ___..____ r ...___ ,_..T. _ Rfnnd Form 424 REV. 4 -8 Prescribed by OMB Circular A -102 Authorized for Local Reproduction DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A OMB NO, 80 -RO184 Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes X No Item 2. Does this assistance request require State, or local Name of Agency or Board advisory, educational or health clearances? Yes X No (Attached Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A -95? X Yes No Responses submitted Item 4. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date Yes X No Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive plan? Local O Airport Master Plan Regional ❑ X Yes No Location of plan Pueblo Memorial Airport Item 6. Will the assistance request serve a Federal Name of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farm? Families Businesses Yes X No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Form 5100 -100 (6 -73) SUPERSEDES FAA FROM 5100 -10 PAGES 1 THRU 7 Page 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Lands surrounding the airport are generally zoned for industrial development, in agricultural use, or open and undeveloped. The zoning for land in the airport environs was adopted by Pueblo County in 1963. In 1967, the Pueblo Tomorrow Plan (COG sponsored) addressed use of land in the airport vicinity which incorporated height and obstruction restrictions and generally conformed to the recommendations in the long range Master Plan for the airport. New land use requests are given a thorough review by planning agencies, and approvals are limited to those which will retain compatibility in land use in the airport environs. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. - There are facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": There has been no change in the property interest held by the Airport Sponsor as shown on the attached Exhibit "A" since AIP Project No. 3 -08- 0046 -14. No. encumbrances, or other interests exist on the property interest held by the Airport Sponsor as shown on Exhibit "A ". * State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100 -100 (4 -76) Page 3a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04 -RO209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A ": None (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A ": 1►= 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None * State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interest of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100 -100 (4 -76) Page 3b DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80 -RO184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. 20.106 2. Functional or Other Breakout N/A SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or ( -) 1. Administration expense 2,500 2. Preliminary expense 3. Land, structures, right -of -way 4. Architectural engineering basic fees 23,617 5. Other architectural engineering fees 6. Project inspection fees 58,053 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 343,315 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 427,485 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 427,485 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 427,485 20. Federal Share requested of Line 19 384,736 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 384,736 23. Grantee share 42,749 24. Other shares 25. Total project (Lines 22, 23 & 24) 427,485 FAA Form 5100 -100 (6 -73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page 4 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO, 80 -RO184 FAA Form ) age FAA AC 75 -0232 SECTION C - EXCLUSIONS 26. Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. $ $ b. C. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON - FEDERAL SHARE 27. Grantee Share 42,749 a. Securities b. Mortgages c. Appropriations (By Applicant) 42,749 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 42,749 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 42,749 SECTION E - REMARKS The following items are incorported herein by reference: 1. Exhibit "A" Property Map (attached) 2. Airport Sponsor Assurances (attached) 3. Attachments 1 thru 5. 4. Plans and Specifications for AIP Project No. 3 -08- 0046 -15 (by reference) PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form ) age FAA AC 75 -0232 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. any person who fails to file the required certification shall be subject to a civil penalty of no less than $10,000 and not more than $100,000 for each such failure. Signed: V � Dated: 9-19 ponsor's Authorized Representative Christian Weaver President City Council Attachment 1 SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS Pueblo, Colorado Pueblo Memorial Airport 3 -08- 0046 -15 Sponsor's Name Airport Project Number 1. Grading and Drainage for Taxiway "K" Extension and Connecting Bypass Taxiway "M ". Project Description Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N /A ". General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100 -14. 1. Advertisements (were) (w* -bs) placed to ensure fair and open competition from a wide area of interest. Yes X No N/A 2. For contracts over $25,000, consultants (were) (w44*) selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. Yes X No N/A 3. An independent cost analysis (was) (w4-be) performed, and a record of negotiations (has been) (will bo prepared reflecting the considerations involved in the establishment of fees. Yes X No N/A 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval (was) (will be) obtained from FAA. Yes No N/A X 5. The consultant services contracts clearly (establish) (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. Yes X No N/A 6. Costs associated with work ineligible for AIP funding (are) (will be) clearly identified and separated from eligible items. Yes No N/A X Page 1 of 2 7. All mandatory contract provisions for grant- assisted contracts (have been) (will be) included in all consultant services contracts. Yes X No N/A 8. If the contract is awarded without competition, pre -award review and approval (was) (w4-be) obtained from FAA. Yes No N/A X 9. Cost - plus - percentage -of -cost methods of contracting prohibited under Federal standards (were not) (will -►tea) used. Yes X No N/A 10. If the services being procured cover more than the single grant project referenced in this certification, the scope of work (was) (will be) specifically described in the advertisement, and future work will not be initiated beyond three years. Yes No N/A X I certify that, for the project identified herein, the responses to the forgoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: l / (/y/�D�L�vL Spot or's Authorized Representative Dated: —9 -95 Christian Weaver, President City Council Typed Name and Title of Sponsor's Representative Page 2 of 2 Attachment 2 SPONSOR CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS Pueblo, Colorado Pueblo Memorial Airport 3 -08- 0046 -15 Sponsor's Name Airport Project Number 1. Grading and Drainage for Taxiway "K" Extension and Connecting Bypass Taxiway "M ". Project Description Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N /A ". General AIP standards are described in Advisory Circulars 150/5100 -6, 150/5100 -15, and 150/5100 -16. A list of current advisory circulars with specific standards for design or construction of airport and procurement or installation of airport equipment and facilities is referenced in Grant Assurance 34. 1. The plans and specifications (were) (well developed in accordance with all applicable Federal standards and requirements, and no deviation from or modification to standards set forth in the advisory circulars (was) (w+ll- ) necessary other than those previously approved by FAA. Yes X No N/A 2. Specifications for the procurement of equipment (are not) ( W ill AQtbe proprietary or written so as to restrict competition. At least two manufacturers can meet the specification. Yes X No N/A 3. The development (included) (tabs in the plans is depicted on an airport layout plan approved by FAA. Yes X No N/A 4. Development which is ineligible for AIP funding (has been) (wr4 lie) omitted from the plans and specifications. Yes X No N/A 5. Process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370 -10 (are) (w4 ) included in the project specifications. Yes X No N/A 6. If a value engineering clause is incorporated into the contract, concurrence (was) (will be) obtained from FAA. Yes No N/A X Page 1 of 2 7. The plans and specifications (incorporate) (w+tl— iRserpeFate) applicable requirements and recommendations set forth in the Federally- approved environmental finding. Yes X No N/A 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370 -2 (have been) (w4-ye) discussed with FAA and incorporated into the specifications. A safety /phasing plan (has been) (will be prepared, and FAA concurrence (has been) (will be) obtained, if required. Yes X No N/A 9. The project (was) (will be) physically completed without Federal participation in costs due to errors or omissions in the plans and specifications which were foreseeable at the time of project design. Yes No N/A X I certify that, for the project identified herein, the responses to the forgoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: w ponsor's Authorized Representative Christian Weaver, President City Council Typed Name and Title of Sponsor's Representative Dated: 9 - 19 - 5 Page 2 of 2 Attachment 3 SPONSOR CERTIFICATION FOR EQUIPMENT /CONSTRUCTION CONTRACTS Pueblo, Colorado Pueblo Memorial Airport 3 -08- 0046 -15 Sponsor's Name Airport Project Number 1. Grading and Drainage for Taxiway "K" Extension and Connecting Bypass Taxiway "M" Project Description Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N /A ". Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local laws or regulations provided procurement conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100 -6, 150/5100 -15, and 150/5100 -16. 1. A code or standard of conduct (is) (w4t&) in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. Yes X No N/A 2. Qualified personnel (are) (will be engaged to perform contract administration, engineering supervision, and construction inspection and testing. Yes X No N/A 3. The procurement (was) (w 4l. -be) publicly advertised using the competitive sealed bid method of procurement. Yes X No N/A 4. The request forbids clearly and accurately (describes) (well- desGFibe) all administrative and other requirements of the equipment and /or services to be provided. Yes X No N/A 5. Concurrence (was) (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person /firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive and responsible bidder, C. Life cycle costing is a factor in selecting the lowest responsive bidder, and d. Proposed contract prices are more than 10% over the sponsor's cost estimate. Yes X No N/A Page 1 of 2 6. All contracts exceeding $100,000, (require) (tea) a bid guarantee of 5 %, a performance bond of 100 %, and a payment bond of 100 %. Yes X No N/A 7. Contracts exceeding $100,000 (contain) (w4-��) provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also (contain) (will GentaffiR) provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). Yes X No N/A 8. All construction contracts involving labor (contain) (aim) provisions insuring that in the employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given preference. Yes X No N/A 9. All construction contracts exceeding $2,000 (contain) (w+tl-- Sentain provisions requiring compliance with the Davis -Bacon Act and bid solications (contain) (will contain) a copy of the current Federal wage rate determination. Provisions requiring compliance with Section 103 and 107 of the Contract Work Hours and Safety Standard Act (40 USC 327 -330) and the Copeland "Anti -Kick Back" Act (are) (will be included. Yes X No N/A 10. All construction contracts exceeding $10,000 (contain) (will GgRtaiR appropriate clauses from 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive Order 11246. Yes X No N/A 11. All contracts and subcontracts (contain) (will- serta4) clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprises. Yes X No N/A 12. Appropriate checks (have been (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. Yes X No N/A I certify that, for the project identified herein, the responses to the forgoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: ponsor's Authorized Representative Dated: _ c (_19_9 5 Christian Weaver, President City Council Typed Name and Title of Sponsor's Representative Page 2 of 2 Attachment 5 SPONSOR CERTIFICATION FOR CONSTRUCTION PROJECT FINAL ACCEPTANCE Pueblo, Colorado Pueblo Memorial Airport 3 -08- 0046 -15 Sponsor's Name Airport Project Number 1. Grading and Drainage for Taxiway "K" Extension and Connecting Bypass Taxiway "M ". Project Description Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N /A ". General requirements for final acceptance and close -out of Federally funded construction projects are in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, and construction inspection and testing (were) (w gWaa) determined to be qualified and competent to perform the work. Yes X No N/A 2. Daily construction records (wera) (will be) kept by the resident engineer /construction inspector. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the contractor, weather, equipment use, labor requirements, safety problems and changes required. Yes X No N/A 3. Weekly payroll records and statements of compliance (w@44) (will be) submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100 -6 and 150/5100 -15). Yes X No N/A 4. Complaints regarding the mandated Federal provisions set forth in the contract documents (haves bean) (will be) submitted to FAA. Yes X No N/A 5. All tests specified in the plans and specifications (wo4:6) (will be) performed and the test results documented. A summary of test results (#gas— been) (will be) available to FAA. Yes X No N/A 6. For any test results outside allowable tolerances, appropriate corrective actions (vAw) (will be) taken. Yes X No N/A Page 1 of 2 7. Payments to the contractor (warn) (will be) made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, pay reduction factors required by the specifications (were) (will be) applied in computing final payments and a summary of pay reductions (4as44ea4) (will be) available to FAA. Yes X No N/A 8. The project (was) (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval (was) (will be) obtained from FAA. Yes X No N/A 9. A final project inspection (was) (will be) conducted with representatives of the sponsor and the contractor. Project files (seata+a) (will contain) documentation of the final inspection. Yes X No N/A 10. Work in the Grant Agreement (was) (will be) physically completed and corrective actions required as a result of the final inspection (wer-a) (will be) completed to the satisfaction of the sponsor. Yes X No N/A 11. The as -built plans and an equipment inventory, if applicable, (#save -bees) (will be) submitted to FAA. If requested, a revised airport layout plan (was) (will be) made available to FAA. Yes X No N/A 12. Applicable close -out financial reports (#aua been) (will be) submitted to FAA. Yes X No N/A I certify that, for the project identified herein, the responses to the forgoing items are correct as marked, and that the attachments, if any, are correct and complete. VA Sponsor's Authorized Representative Dated: C t - 19 -9 S Christian Weaver, President City Council Typed Name and Title of Sponsor's Representative Page 2 of 2 ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport, the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a 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 assurance against exclusive rights or 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 the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. Airport Assurances (1 -95) Page I of 14 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S. C. 276(a), et sea l C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et se g. d. Hatch Act - 5 U.S.C. 1501, gtgt sea. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, to seg. 1 2 f National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). l g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. i. Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea 1. Architectural Barriers Act of 1968 42 U.S.C. 4151, et sea 1 M. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373. n. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sgg. l o. Copeland Antikickback Act - 18 U.S.C. 874. P. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea. q. Endangered Species Act - 16 U.S.C. 668(a), et sea l r. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea. S. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 11246 - Equal Employment Opportunityl Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructionl Federal Regulations a. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. b. 49 CFR Part 21 - Nondiscrimination in federally- assisted programs of the Airport Assurances (1 -95) Page 2 of 14 Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. C. 49 CFR Part 23 - Participation by minority business enterprise in Department of Transportation programs. d. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 1 2 e. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance. I f 49 CFR Part 29 - Governmentwide debarment and suspension (non- procurement) and governmentwide requirements for drug -free workplace (grants). g. 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. h. 29 CFR Part 1 - Procedures for predetermination of wage rates. I i. 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. I j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to nonconstruction contracts subject to the Contract Work Hours and Safety Standards Act). I k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements). I 1. 14 CFR Part 150 - Airport noise compatibility planning. M. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. I n. 49 CFR Part 20 - New restrictions on lobbying. Office of Management and Budget Circulars a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A -128 - Audits of State and Local Governments. I These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A -87 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 the Airport and Airway Improvement Act of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. Airport Assurances (1 -95) Page 3 of 14 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all 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 the grant agreement which it will own or control. 4. Good Title. a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 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 the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise 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 the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant Airport Assurances (1 -95) Page 4 of 14 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 with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. 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 the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. Airport Assurances (1 -95) Page 5 of 14 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. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. 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 airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount 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 the grant. The Airport Assurances (1 -95) Page 6 of 14 Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 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 the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval 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 the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the 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. Airport Assurances (1 -95) Page 7 of 14 C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, 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. 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 nonaeronautical purposes must first be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times 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 hereon shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially Airport Assurances (1 -95) Page 8 of 14 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, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and 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 its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds and classes of aeronautical use. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a fair, reasonable, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, 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 any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. Airport Assurances (1 -95) Page 9 of 14 e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such 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 exorcises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 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 Airport Assurances (1 -95) Page LO of 14 aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23 for the facilities and services being provided the airport users which will make the airport as self - sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes on aviation fuel established after December 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 directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions 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. 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; (b) make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; (c) 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; (d) for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and Airport Assurances (1 -95) Page 1 I of 14 (e) in a format prescribed by the Secretary, provide to the Secretary and make available to the public, not later than 60 days following each of its fiscal years, ending after March 1, 1995, an annual report listing in detail : (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by 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. 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 Airport Assurances (1 -95) Page 12 of 14 extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout 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. b. 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. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) 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, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national Airport Assurances (1 -95) Page 13 of 14 airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) 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. C. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. Airport Assurances (1 -95) Page 14 of 14 CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the sites; for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here.