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Federal Aviation Administration (FAA) - FEDERAL GRANT APPLICATION FOR AIRPORT CIPCITY OF BOULDER Department of Public Works Transportation Division Boulder Municipal Airport 3300 Airport Road, Box K Boulder, Colorado 80301 TEL: 303-441-3108 ~ ~~~~~=- ~ ~ TO: Frank Bruno, City Manager FROM: Tim Head, Airport Manager ~ DATE: May 10, 2007 SUBJECT: Federal Grant Application Paperwork for 2007 CIP Projects The following application is for Federal Aviation Administration (FAA) funding for our two CIP paving projects at the airport. The Colorado Department of Transportafion (CDOT) Aeronautical Boazd allocated $36,185 in matching funds to pay for 2.5% and the city of Boulder will pay 2.5% ($36,185). The remanung 95% ($1,399,550) will be paid by the FAA, for a total cost of $1,471,920. As with all FAA grants, the receiving agency must agree to federal grant asswances. They aze listed in this application package and have not changed since we received our last FAA grant for the Airport Master Plan Update. Please sign at each of the five tabs and return to me (PW/Trans). I will then submit the entire package to the FAA. APPLICATION FOR FEDERAL ASSISTANCE ilicaLOn I PreapDlwation Construdion ^ Cana4uctlon 3-08-0004-11 Clty of Boulder Depariment: PubliC Works or~anizano~ei ourvs: 075759969 Division: Transportation qdd~asg; Name and telephona number of peroon to be eontaetad on sveec 177T Broadway Street maltars involving this application (give area eode) Preax: Mr. Firsc Name: Timothy c~ry Boulder Middle Neme: GI2I1f1 counry: Boulder tasc Name: Head Slate: CD Zip Code: SOSOP Suffix: counay: USA Emeie headt@bouldercolorado.gov 6. EMPLOYER IDENTIFICATION NUMBER Ell~: Phone number (give area code) FAX number (give area code): 8 4_ 6 0 0 0 0 5 6 6 303~41-3108 303-440-7490 8. TYPEOFAPPLICATION. 7. TYPEOFAPPLICANT: (SaebackMtormforApplim6onTypec) ~ New ^ Continuehon ^ Rewsion If Revision, enter apPropriete IeHet(s) in 6ox(es): ~ ^ (See back of torm for tlescnption o~ letters) Other (speci/y) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 2 0_ 1 0 7 TITLE: Airport Improvemanl Program (AIP) (cifies, counfies, states, ~9~2~0~ a. Other (specify) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration Rehabilitate Western Portion of Taxiway A and Aircraft Parking Apron a. EXECUTIVE ORDER 12372 PROCESS a. Yes. ^ THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTNE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. ^ PROGRAM IS NOT COVERED BY E. O. 12372 ^ OR PROGRAM HAS NOT BEEN SEIECTEO BV STATE FOR ~ ~. s~aie ~$ 36,785 '"" ~ e. I 1. ProgfaminCOme I 5 "" I77. ISiMGAYYLR:ANI UtIJN4lUtN1 VN/WTYGUGKAIUtCI? g. TOTAL $ ~~47~,920 ' ^Yes If "Yes" attach an axplanation ~ No 18. TO THE BEST OF MV KNOWLEDGE AND BELIEF, ALL DATA IN TNIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE Prefix Mr. First Name Frenk Middle Name WIIII8R1 Last Name BfUf10 Suffix b Title City Manager c. Telephone number (give area code) 303-441-3090 d. Signa~ure of Authorized Representative ~~ '~~ /~___ e. Date Signed ~~ ~,~ ~ Authonzed (or Local Reproduction OFFICIAL CENTRAL RECORDS COPY 20070510-3101 May 4, 2007 ~ 43-97 Prascribed by OMB -~~~~ ~ U.SDEPARTMENTOFTRANSPORTATION FEDERALAVIATIONADMINISTRATIDN OMBN02120.0589 PART II PROJECTAPPROVALINFORMATION SECTION A Item 1 Name of Goveming Body Does this assistance request require State, Priority local, regional, or other priority reting? ^Yes ~No Item 2. Name of Agency or 8oard Does this assistance request require State, local (Attach Documentation) advisory, educational or health clearances? ^Yes ~No Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ~Yes ~No Item 4 Name of Approving Agency Does this assistance request require State, local, Date regional or other planning approval? ~Yes ~No Check One: State ~ Item 5. Local ~ Is the proposed project covered by an approved Regional I comprehensive plan? Item 6. Will the assistance requested serve a Federal installation? Item 7 Will the assistance requested be on Federal land or installation? ~Yes ^No Location of plan ALP - City of Boulder ^Yes ~No Name of Federal Installation Federal Population benefiting from Project Name of Federal Installation Location of Federal Land ~Yes ~No Percent of Project See instructions for additional information to be provided. Item 8 • W ill ihe assistance requestad fiave an impact or eTfect on the environment? ^Yes ~No Item 9. Individuals Will the assistance requested cause the displacement of Famiiies individuals, families, businesses, or farms? Businesses DYes ~No Farms See instructions for additional information to be provided. Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? FAA Form 5100-100 (673) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRl1 7 Page 2 U.S. DEPARTMENT OF TRANSPOftTAT10N - FEDERAL AVIATION ADMINISTRATION OMB NO 21]0-0Sfi9 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: See Exhibit A. See also City of Boulder Ordinance 5200 (2 Oct 1990) w6ich adopted land use regulaHons, including zones that protect the airport from incompatlble uses. The adoption of the airport master plan further reinforces the airport's proactive approach to protect land adjacent to the ai~eld. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Govemment relative to the development, operation, or maintenance of any airport, except as stated herewith: . N/A 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carty out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: N/A 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 AirpoA subject to the following exceptions, • encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": N/A 'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse inferests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identi~ed here by the area numbers shown on the property map. FAA POffll STOO-'IOO (4-]6) Page 3e US DEPARTMENTOFTRANSPORTATION FE~EItALAVIATIONADMINISTRATION OMBNO 2126-0589 PART II - SECTION C (CONnNUeo) The Sponsor further certifies that the above is based on a title examination by a quafified 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 pertormed, 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 co~struction 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": None 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronauticat 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 interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified he2 by the area numbers shown on the property map. FAA Fortn 5100-100 (4-76J Page 3b naosorucur nc resxnnnarennu . cmaaa~ av~anor~ aoriWwixaTON OMB NO. 2116-0%9 PART III- BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No .. . . . . . . . . . . . . . .. . . . 20.107 2. Functionalor OtherBreakout .............................. _ SECTION B- CALCULATION OF FEDERAL GRANT Use only for revisions Cost Classificatlon Latesl Approved Amount Adjuslmenl+ or (-) Total Amount Re uired 1. Administration Expense ; E S 2,000 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 106,376 5. Other architectural engineering fees ~ 6. Project inspection fees 80,000 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 1,283,544 12. Equipment 13. Miscellaneous 14. Total (Lines 1 throu9h 13) 1,471,920 15. Estimated Income (rtapp~icame~ 16. Net Project Amount (~ine ~a minus ~5) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Exc~udrny kehab;i~ratron ~renrs~ 1,471,920 20. Federal Share requested of Line 19 1,399,550 21. Add Rehabilitation Grants Requested (toopercenr) 22. Total Federal grant requested (~ines zo a zt) 1,399,550 23. Grantee share 36,185 24. Other shares 36,185 25. Total project (unes 22, z3, a 2a) S S $ 7,471,920 FAA FORM 5100-100 (e-73) SUPERSEDES FAA FORM 5100-10 PAGES 7 THRU 7 Page 4 U.S. ~EPp1iTMEMf OF TRANSPORTAl10N - FEOERI~L AVIATION RDMINISTRIITION OMB NO 21260569 SECTION C - EXCLUSIONS 26. Classification Ineligible for PaAiCpation (~) Excluded from Contingency Provision (2) a. S S b.. c. d. e. f. g. ToWls SECTION D- PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share E 36,185 a. Securities b.Mortgages c. Appropriations (BY ApPlicant) d. Bonds e. Tax Levies f. Non Cash' g .Other(Explain) h .TOTAL - Grontee share 28. Other Shares a. State 36,185 b. Other c. Total Olher Shares 29. 7o7,n~ S 72,730 SECTIOfJ E - REMARKS PART IV PROGRAM NARRATIVE ArracH-SEe INSrRUCnoNs FAA Fortn 5100-100 (&]3) SUPERSEDES FM FORM 5100-10 PAGES ~ THRU 1 PAGE 5 PART IV PROGRAM NARRATIVE (Suggested Format) PROJECT: Rehabilitate Western Portion of Taxiway A and Aircraft Parking Apron (AIP 3-08-0004-11) AIRPORT: Boulder Municipal Airport 1. Objective: To rehabilitate the western portion of Taxiway A, east of Taxiway A4. The project also includes rehabilitation of the associated connector taxiways and aircraft parking apron. No utilities work is anticipated. 2. Benefits Antlcipated: Improved safety and FOD mitigation through new ai~eld pavement surtaces. 3. Approach: (See approved Scope of Work in final Application) Design and construction of new AC overlay, crack repair, new pavement, and shouldering as required to meet FAA grading criteria. 4. Geographic Location: Boulder Municipal Airport, City of Boulder, Boulder County, Colorado, USA. 5. Justification for Force Account Work: ('d applicable) NIA 6: Sponsor's Representative: (incl. address & tel. no.) Mr. Tim Head Airport Manager Boulder Municipal Airport 3300 Airport Road, Box K Boulder, CO 80301 303-441-3108 CIP/PREAPPLICATION DATA SHEET A~RPORT: EXAMPLE LOCAL PRIORITY: UPDATED: December, 1994 WORK ITEM: East Apron Reconstruction SKETCH: . ~ East Apmn ReconStniction ~ ~ ~ C o~ O~ ~~ ~~ ~ U' SOD' 1000' 2000' c ema -~ East -uction The East Ramp supports all general aviation (GA), business and Part 135 operators. The existing asphalt is deteriorating. It is severely cracked and weathered and the PCI index of 40. The entire apron needs major reconstruction. SPONSOR SIGNATURE: TE: COST ESTIMATE: ADMINISTRATION: ENGINEERING: INSPECTION: Item (Excavation, Paving, etc.) $ 500 1 Construction $ 824,500 4: $ $ 100,000 2: $ 5: $ $ 750,000 3: $ TOTAL: $1,000.000 ADO USE: PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED $ Paeunnw+RV BOULDER MUNICIPAL AIRPORT ' CFIZ1111HILL FlGURE , CITY OF BOULDER PROPOSED PROJECT BOULDER, CO CIP/PREAPPLICATION DATA SHEET AIRPORT: Boulder Municipal LOCAL PRIORITY: UPDATED: May, 2007 wORK ITEM: Rehabilkation of Western Portion of Taxiway A and Aircraft Parking Apron SPONSOR . SIGNATURE: DATE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: ENGINEERING: INSPECTION: $ 2000 1: Const. $ ~,yg3,$qq 4 $ $ 106,376 2: $ 5 $ $ 80,000 3: $ TOTAL: $ 1,477,920 ADO USE: PREAPP GRANT NPIAS WORK FAA NO:_ NO: _ CODE:_ CODE:_ PRIOR:_ FED $_ need of an asphalt overlay due to distresses caused by years of use and exposure to weather. These airtield pavement sections are in need of a structural overlay to accommodate the larger aircraft this facility now serves. ASSURANCES Airport Sponsors A. Appendix 1 1. These assurances shall be compLed with in the perfomiance of grant agreements for airport development, aitport planning, and noise compatibiLry program gran[s for aiiport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under [he provisions of Title 49, U.S.C., sub[i[le VII, as amended. As used herein, the term "publ~c 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 aicport and the tern~ "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, [hese assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise CompaHbility Program Projects Undertaken by a Public Agency Sponsor. The temis, conditions and assurances of the grant agreement shall remain in full fotce and effect throughout the useful life of the facilities developed or equipment acquired for an aiiport 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, bu[ in any event not [o exceed twenty (20) yeazs 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 [he assurances regarding Exdusive Rights and AirpoR Revenue so ]ong as [he airport is used as an airpor[. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired wi[h federal funds. Furthem~ore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatlbility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that [he useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an aitport 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 o[henvise specified in the grant agreement, onty Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The tem~s, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the projec[. C. Sponsor Certification. The sponsor hereby assures and certifies, wi[h respect to this grant that: 1. Geuera! Federal Requirements. I[ will comply with all applicable Federal laws, regulations, exewrive orders, policies, guidefines, and requirements as [hey rela[e [o [he application, acceptance and use of Federal funds for this ptoject 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., c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. d. Hatch Act- 5 U.S.C. 1501, et seo' Airport Assurances (3/2005) 1 e. Uniform Relocation Assistance and Real Proper[y Acquisi[ion Policies Act of 1970 Title 42 U.S.C. 4601, et sea." £ National Historic Preserva[ion Act of 1966 - Section ]06 - 16 U.S.C. 470(~.' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seg i. Clean Air Act, P.L. 90-148, as amended. j. Coas[al Zone Management Act, P.L. 93-205, as amended. k. Flood Disas[er Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.~ L Title 49 ,U.S.C., Section 303, (focmerly imown as Sec[ion 4(~) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - TiNe Vl - 42 U.S.C. 2000d tluough d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea• p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Batriers Act of 1968 -42 U.S.C. 4151, et seq•~ r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' s. Contract Work Hours and Safety Standazds Act - 40 U.S.C. 327, et sea.' t. Copeland Anti kickback Act - 18 U.S.C. 874.~ u. National Envirorunental Policy Act of 1969 - 42 U.S.C. 4321, et sea.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.' x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Pro[ection of W etlands Executive Order I 1998 - Flood Plain Managetnent Executive Order 12372 - Intergovemmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Fedetal and Federally Assisted New Building Const~uction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Aiiport noise compatibility planning. d. 29 CFR Part ]- Procedures for predetemtination of wage ra[es.' e. 29 CFR Part 3- Conhactors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5- Labor standards provisions applicable [o contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction conhacts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Departrnent of Labor (Fedetal and federally assisted conhacting requirements).' Airport Assurances (3/2005) 2 h. 49 CFR Par[ I S- Unifovn administrative requirements for grants and coopetative a~eemen[s to state and local govemments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Departrnent of Transportation - effectuation of Title VI of Ute Civil Rights Ac[ of 1964. k, 49 CFR Part 23 - Par[icipation by Disadvantage Business Entecprise in Aitport Concessions. l. 49 CFR Part 24 - Unifotm relocation assistance and real property acquisition for Federal and federally assisted progmms.i z m. 49 CFR Part 26 - Participation By Disadvantaged Business Enteiprises in Depaztrnent of Transportation Programs. n. 49 CFR Part 27 - Nondiscnmination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.~ o. 49 CFR Part 29 - Govemment wide debazmen[ and suspension (nonprocurement) and govemment wide requirements for drug-free workplace ~5~~) p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countnes that deny procurement market access to U. S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. ~ OHice of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contrac[s with Sta[e and Local Govemments. b A-133 - Audits of States, Local Govemments, and Non-Profit Organizations ' These laws do not apply to aiiport plamilng sponsors. ' These laws do not apply to private sponsors. ' 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Govemments receiving Federal assistance. My requirement levied upon State and Local Govemments by this regulation and circular shal] also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required [o be included in grant agreements by any of the above laws, regulations or circulazs aze incorpora[ed by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. PnbGc Agency Sponsor: It has legal authority to apply foi the grant, and to finance and cany out the proposed project; that a resolution, motion or similaz action has been duly adopted or passed as an official act of the applicanPs goveming body authorizing [he filing of the application, including all understandings and assurances contained therein, and directing and au[horizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional infom~ation as may be required. b. Private Sponsor: It has lega] authority to apply for the grant and to finance and cazry out the proposed project and comply with all [erms, conditions, and assurances of [his grant agreement. It shall designate an official representative and shall in wri[ing direct and authorize [hat person AirpoR Assurances (3/2005) 3 [o file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such addirional information as may be required. 3. Sponsor Fund Availabitity. It has sufficient funds available for tha[ portion of the project costs which are not ro be paid by the United States. It has sufficient funds available to asswe operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal govemment, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory ro the Secretary that good title will be acquired. b. For noise compatibility progratn projects to be camed out on the proper[y 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 Htle witl be obtained. 5. Preserving Rights and Powers. a. I[ will not take or permi[ any ac[ion which would operate to deprive it of any of the rights and powers necessary to perfomi any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act prompNy to acquire, extinguish or modify any outstanding righ[s or claims of right of others which would interfere with such pedormance by the sponsor. T'his shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise hansfer or dispose of any part of its title or other interests in the properiy shown an Exhibit A to this application or, for a noise compatibility program pmject, that portion of the property upon which Federal funds have been expended, for the duration of the tem~s, conditions, and assurances in the grant agreemrnt without approval by the Secretary. If the transferee is found by the Secretary to be eligible under TiUe 49, United States Code, to assutne the obligations of the grant agreement and to have the power, authority, and financial resources to cany out all such obligations, the sponsor shall insert in the contrac[ or documen[ transfemng 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. For all noise compatibility progratn projects which aze to be carried ou[ by another unit of local govemment or aze on proper[y owned by a unit of local govemment other t6an the sponsor, it will enter into an agreement with that govemment. Except as otherwise specified by the Secretary, [hat agreement shall obligate that govemment 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 [he noise compatibility progam project. That agreemen[ and changes thereto must be satisfactory to the Secretary. It will take steps to enforce tlils agreement against the local govemme~t if there is substantial non-compliance with the teans of the agreement. d. For noise compaabiliry program projecu to be camed out on pnvately owned property, it will enter into an agreement with the owner of that Airport Assurances (3/2005) properiy which includes provisions specified by the Secretary. ]t will take steps to enforce this agreement agains[ the property owner whenever there is substan[ial non-compliance with the ternis of the agreemen[. e. If the sponsor is a private sponsor, it will take steps satisfactory to [he Secretary [o ensure that [he airpor[ will continue to function as a public-use aitport in accordance with these assurances for the duration of these assurances. If an a[rangemen[ is made for managemen[ and opera[ion of the aicport 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 aicpor[ will be operated and maintained in accordance TiHe 49, United States Code, the regulations and the teans, conditions and assurances in the grant agreement and shall insure that such acrangement 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 tk~e deveiopment of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or neaz where the project may be located. 8. Consulta6on with Users. In making a decision to undertake any airport development project under TiHe 49, Uni[ed States Code, it has undertaken reasonable consultations with affected patties using the airport at which project is proposed. 9. Public Hearings. In ptojects involving the location of an aicport, an aiipoR xunway, or a major runway extension, it has afforded the opportuniTy for public hearings for the piupose of considering the economic, social, and env'vontnental effec[s of the airport or runway location and its consis[ency with goals and objectives of such planning as has been carried out by the community and i[ shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such piojects, it has on its management boazd either voting representation from [he communities where the project is located or has advised the communities that they have the right to petition the Secretary conceming a ptoposed ptoject. 10. Air and Water Quality Standards. In projects involving ai~port location, a major runway extensioq or runway location it will provide for the Govemor of the state in which the project is located to certify in wri[ing to the Sectetary that the project will be loca[ed, designed, constructed, and operated so as ro comply with applicable air and water quality standazds. In any case where such standards have not been approved and where applicable air and wa[er quality s[andards 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 with'sn sixty days aRez the project application has been received by the Secre[ary. 11. Pavement Preventive Maintenance. With respect to a projec[ approved after January 1, 1995, for the replacement or reconshvction of pavement at the airport, it assures or certifies that it has implemented an effective aizpoR 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 aitport. It will provide such Airpod Assurances (3/2005) 5 reports on pavemen[ condihon and pavement management programs as the Secretary de[e[tnines may be useful. 12. Terminal Development Prerequisites. For p[ojects which include teaninal development at a public use airport, as defined in TiUe 49, it has, on the date of submittal of the project grant applica[ion, all the safety equipment required for certifica[ion of such airport under section 44706 of Title 49, United States Code, at~d all the securiry equipmen[ required by rule or regulation, and has provided for access to the passenger enplaning and deplaning azea of such airport to passengers enplaning and deplaning from aircraft other than air camer aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and dispositian 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 tha[ portion of the cost of [he project supplied by other soutces, 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 aze pettinent to the grant. The Secretary may require that an appropriate audit be wnducted 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 gran[ was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later [han six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Retes. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreetnent which involve labor, pmvisions establishing minimum rates of wages, [o be predeternuned by the Secre[ary 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 labot, and such minimutn rates shall be stated in the invitation for bids and shall be included in proposals or bids for [he work. 15. V eteran's Preference. It shall include in all conhacts for work on any project funded under the grant agreemrnt 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 de£med in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform [he work to which the employment relates. 16. Couformity 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 incoiporated into this grant agreement. Any modification to the approved Aitport Assurances (3/2005) plans, specifica[ions, and schedules shall also be subject to approval of the Secretary, and incotporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competen[ technical supervision at the construction site throughout the project to assure that the work confom~s to [he plans, specifications, and schedules approved by the Secretary for the project It shall subjec[ the construc[ion work on any project contained in an approved projec[ application to inspection and approval by the Secre[ary and such work shall be in accordance with regula4ons and procedwes prescribed by the Secretary. Such regula[ions and procedures shall require such cos[ a~d progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In cazrying out planning projects a. It will execute the project in accordance with the approved program nanative contained in the project application or with the modifications similazly approved. b. It wi11 futnish the Secretary with such periodic reports as required pertaining [o the planning project and planning work activities. c. I[ will include in all published material prepared in connection with the planning project a notice that the materia] was prepared under a grant provided by the United Sta[es. d. It will make such material available for examination by the public, and agrees that no ma[erial prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give [he Seeretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepazed in connection with this grant. £ It will gant the 5ecretary the right to disapprove the sponsor's employment of specific consultants at~d their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professionalservices. 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 unders[ands and agrees tha[ [he Secretary's approval of this project gran[ or the Secretary's approval of any planning material developed as paR of this gtant does not cons[itute or imply any assurance or commihnent on the part of the Secretary to approve any pending or future applica[ion for a Federal aitport grant. 19. Operation and Mainteoance. The aitport 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 maintenaace and operation. It will no[ cause or pertnit any activity or action thereon which would interfere with its use for airport purposes. It will suitably Airport Assurances (3/2005) 7 operate and maintain [he a~rport and all facilities thereon or connected therewith, with due regazd to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical pucposes mus[ first be approved by the Secretary. In furtherance of this assurance, [he sponsor will have in effect acrangements for- (l) Operating the aicporPs 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 aitport. Nothing contained herein shall be conshued to require that the airport be operated for aeronauticai use dwing 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, tepair, restoration, or replacement of any shvcture or faciliry which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the conhol of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal fw~ds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such teiminal airspace as is required to protect instrument and visual operations to the aiiport (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 establishmen[ or creation of furitre aiiport hazazds. 21. Compatible Land Use. It will take appropriate action, to the extec~[ reasonable, including the adoption of zoning laws, ro restrict the use of land adjacent to or in the immediate viciniry of the airport to activities and purposes compatible with noimal airport operations, including landing and takeoff of aircraft. In addiUOn, if the project is for noise compa[ibility program implementation, it will not cause or permit any change in land use, within i[s jurisdiction, that will reduce its compatibiliry, with respect to the airport, of the noise compatibility progam measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the aiiport 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 activifies 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 aitport is granted to any person, fitm, or co[poration to conduct or to engage in any aeronautical activity for fumishing services to the public at the airport, [he sponsor will insert and enforce provisions requiring the contractor to- (1) fiunish said services on a reasonable, and not unjustly discrimina[ory, 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 discounu, rebates, or other similu types of price reductions to volume purchasers. Aitport Assurances (3/2005) c. Each fixed-based opera[or at the aitport shall be subject to the same ra[es, fees, rentals, and other charges as aze unifoctnly 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 cacrier using such a~cport shall have the right to service itself or [o use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. 0. Each air carrier using such airport (whether as a tenant, non tenan[, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable cules, regulat~ons, conditions, rates, fees, rentals, and other charges with respec[ [o facilities directly and substantially related to providing air transpodat~on as aze applicable to,all such air camers which make similar use of such airport and utilize similaz 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 camers in such classification or status. f. It will not exercise or grant any righ[ or privilege which opezates to prevert any person, firm, or cocporadon operating aircraft on the aiiport from performing any services on its own aircraft with i[s own etnployees [including, but nof limited to maintenance, repair, and fueling] ihat it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges refeired to in this assurance, the services involved will be provided on the same conditions as would apply to [he furnishing of such services by wmmercial aeronautical service Qroviders 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. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the aiiport if such action is necessary for the safe opera6on of the aiiport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will peimit no exclusive right for the use of the airport by any person providing, or in[ending 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 righ[ if both of [he 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 fuced-based operator to provide such serv~ces would require the reduction of space leased pursuant to an existing agreement behveen such single fixed-based operator and such airpor[. It further agrees that it will not, either direcUy or indirecNy, gant or permit any person, fiRn, or corporation, the exclusive right at the aitport 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 camer operations, Aicport Assurances (3/2005) 9 aircraft sales and services, sale of aviation peholeum products whe[her or not conducted in conjunction with other aeronautical activiry, repair and maintenance of aircraft, sale of aircraft parts, and avy other activities which because of their direct relationship to the operation of aircraft can be regazded as an aeronautical ac[ivity, and that it will tem~inate any exdusive right to conduc[ an aeronautical activity now existing at such an airport before the grant of any assis[ance under Title 49, Uni[ed States Code. 24. Fee and Rental Strucmre. It will maintain a fee and rental structure for the facilities and services at the airport which will make the auport as self-sustaining as possible under the cirwmstances existing at the particular aiiport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an aitport development, aicport planning or noise compatibility project for which a grant is made under Trtle 49, United States Code, the Airport and Ainvay Improvement Act of 1982, the Federal Aicport Act or the Airport and Airway Development Act oF 1970 shall be included in the rate basis in establishing fees, rates, and chazges for users of that aitport. 25. Airport Revenues. a. All tevenues generated by the airport and any local ta~ces on avia[ion fuel established after December 30, 1987, will be expended by it for the capiffi1 or operating costs of the airport; the local aiiport system; or other local facilities which aze owned or operated by the owner or operator of the aicport and which aze directly and substantially related to the acmal air transportation of passengers or property; or for noise mitigation purposes on or off the aitport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or aperator of the aiiport, or ptovisions enacted before September 3, 1982, in governing statutes controlling the ownec or operator's financing, provide for the use of the revenues from any of the aiiport owner or opera[or's facilities, including the aitport, to support not only the airport but also the aicport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the aitport (and, in the case of a public aitport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct tha[ the audit will review, and the resulting audit report will provide an opinion conceming, the use of aitport revenue and taxes in paragraph (a), and indicating whether fimds paid or fransferred to the owner or operator are paid or travsferred in a maaner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. a Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of TiHe 49, United States Code. 26. Reports and Inspections. It will: 8. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available [o the public; make available to the public at reasonable times and places a report of the airport budget in a focmat prescribed by the Secretary; b. for aitport development projects, make the airport and all airport records and documenu affecting the aicport, including deeds, leases, operation and use Airport Assurances (3/2005) 10 agreements, regulations and o[her insttumen[s, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility progam projec[s, make records and dowments rela[ing to the project and continued compliance with [he terms, wnditions, and assurances of the grant agreement includmg deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of [he Secretary upon reasonable request; and d. in a foanat and time prescnbed by the Secretary, provide to the Secretary and make avaiiable to the public following each of its fiscal yeazs, an annual report listing in detaiC (i) all amounts paid by the aiiport to any other tu~it of government and the pucposes 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 Aircrait. It will make available all of the facilities of [he airport developed with Federal financial assistance and all [hose usable for landing and takeoff of aircraR to the United States for use by Govemment aircraft in common with other aircraft at all times without chatge, e~ccept, if ihe use by Govemment aircraft is substantial, chazge may be made for a reasonable share, proportional to such use, for [he 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, substandal use of an aicport by Govemmen[ aircraft will be considered to exist when operations of such aircraft aze in excess of those which, in [he opinion of the Secretary, would unduly interfere with use of the landing azeas by other authorized aircraft, or during any calendaz mon[h [ha[ - a. Five (5) or more Govemment aircraft aze regularly based at the airpoR or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Govemment aircraft is 300 or more, or the gross accumulative weight of Govenunen[ aircraft using the aicpor[ (the total movement of Govemment 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 Govemment for use in connection with any air lraffic control or air navigation activities, or weather-repor[ing and communication ac[ivities related [o air traffic control, any azeas of land or water, or estate therein, or rights in buildings of the sponsor as the Seccetary considers necessary or desirable for construction, operation, and maintenance a[ Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four month5 after receipt of a written request from [he Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the aiiport showing Q) boundaries of the airport and all proposed additions thereto, [oge[her 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 aiiport facilities and s[ructures (such as tunways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing aitport facilities; and (3) [he location of ail existing and proposed nonavia<ion ueas and of al] existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall Airport Assurances (3/2005) 11 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 [he face of the airpoR layout plan. The sponsor will not make or permit any changes or alterations in [he airpoR or any of its facilities which are not in conformiry with the airport layout plan as approved by the Secretary and which migh[, in the opinion of the Secre[ary, 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 deteimines 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 confonnity 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 thereo~ to a srte acceptable to the Secretary and all costs of restoring such property (or replacement thereo~ to the level of safety, utility, efficiency, and cos[ of operation existing before the unapproved change in the aiiport ot its facilities. 30. Civil Rights. It will comply with such rules as are promulga[ed to assure that no person shall, on [he grounds of nce, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the foTm of personal property or real property or interest therein or structures or improvements thereon in which case [he assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which ttte property is used for a pucpose 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 ai~por[ noise compatibility p~uposes, it will dispose of [he land, when the land is no longer needed for such putposes, at fair matket value, at the eazliest practicable time. That portion of the pmceeds of such disposition which is proportionate [o the Uni[ed Sta[es' share of acquisition of such land will, a[ the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidenrial buildings or property in the vicinity of residential buildings or property previously purchased by the airport as pazt of a noise compatibility program. b. For land purchased under a grant for airport developmen[ purposes (other than noise compatibility), i[ will, when the land is no longer needed for a'itport purposes, dispose of such land at fair mazket value or make available to [he 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 propor[ionate to the Uni[ed States' share of the cost of acquisition of such land will, Q) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secre[ary at that aicport or within [he national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Aiiport Assucances (3/2005) 12 a Land shall be considered to be needed for airpoR purposes under [his assurance if (1) it may be needed for aeronautical purposes (including runway pro[ection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contribu[es to the financial self-sufficiency of the airport. Further, land purchased with a gant received by an aiiport operator or owner before December 31, 1987, will be considered to be needed for airport pmposes if [he Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator oc owner of che uses of such land, did not object to such use, and the land continues to be used for tha[ purpose, such use having commrnced no later [han 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 righ[ therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the aitport. 32. Engineering and Design Services. It will award each conhact, ot sub-contract for program management, conslrucNon management, planning s[udies, 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 azchitectural 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 [he sponsor of [he aiiport. 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 counhy during the period in which such foreign country is listed by [he Uni[ed States Trade Representative as denying fair and equitable marke[ opportunities for products and suppliers of the United Siates in procurement and construction. 34. Policies, StanBards, and Specifications. It will caay out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulats listed in the Current FAA Advisory Circulars for AIP projects, dated and included in this gcant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) I[ will be gmded in acquiring real proper[y, ro the greatest extent practicable under State law, by the land acquisition policies in SubpaR 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 rebcation assistance program offering the services described in Subpart C and fair and reasonable relocation paymen[s and assis[ance 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 replacemen[ dwellings to displaced persons in accordance with Subpart E of A9 CFR PaR 24. 36. Access By Intercity Buses. The ai:port owner or operator will permit, to the ma~cimum extent pcacticable, intercity buses or other modes of hansportation to have access to the aitport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the awazd and perfocmance of any DOT-assisted conhact or in the administration of its DBE program or the requirements of 49 CFR PaR 26. The Rec~pient shall take all necessary and reasonable s[eps under 49 CFR Part 26 to ensure Airport Asswances (3/2005) 13 non discrimination in the awazd and adminisffation of DOT-assisted contracts. The recipienPs DBE progratn, as required by 49 CFR Part 26, and as approved by DOT, is incoiporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out i[s tevns shall be treated as a violation of this agreement. Upon notifica[ion to the recipient of its failure to ca~ry out its approved progratn, the Department may impose sanctions as provided for under Part 26 and may, in appropnate cases, refer the matter for enforcement under 18 U.S.C. ]001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangaz is to be conshucted at [he aicport for [he aircraft at the aitcraft owner's expe~se, the aicport owner or operator will gant to the aircraft owner for the hangar a long term lease that is subject to such tettns and conditions on the hangaz as the airport owner or operator may impose. 39. CompetiNve Access. a. If the airport owner or operator of a medium or lazge hub airport (as defined in section 47102 of ritle 49, U.S.C.) has been unable to accommodate one or more requests by an air camer for access to gates or other facilities at that aitport in order to allow the air camer to provide service to the aiipoR or to expand service at the airport, the auport owner or operator shall transmit a report to the Secretary that- 1. Describes the reques[s; 2. Provides an e~cplanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the aiiport will be able to accommodate the requests. b. Such report shall be due on ei[her February 1 or August 1 of each yeaz if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Aiiport Assurances (3/2005) 14 CURRENT FAA ADVISORY CIRCULARS FOR AIPIPFC PROJECTS Updated on' 6/15/05 The Following Apply to Both AIP and PFC Projects Number TNIe 70RA60-1K and Change 1 Obstruction Marking and Lighting 150/5000-13 Announcement of Availability-RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 15015010-6A Airport Master Plans 15015200-288 Nofices to Airmen (NOTAMS) for Airport Operators 150I5210•58 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210-13A Water Rescue Plans, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150I5210-15 Airport Rescue & Firefghting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150I521~-19 Driver's Enhanced Vision System 15015220-0B Water Supply Systems tor Aircraft Fire and Rescue Protection 150/5220-10B Guide Specification tor WateNFoam Type Aircraft Rescue and Firefighting Vehicles . 150/5220-13B Runway Surface Condition Sensor Specification Guide 15015220-16C Automated Weather Observing Systems (AWOS) for NonFederal Applications 150/5220-17A Design Sfandards for Aircraft Rescue Firefighting Training Facilities 15015220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 and Change 1 Airport Snow and Ice ConVOI Equipment 15015220•21 B Guide Specification for Devices Used to Board Airline Passengers With Mobility Impairments 150/5220-22 and Change 1 Engineered Materials Arresting Systems (EMAS) for Airaaft Overtuns 15015300-13 and Changes 1 Airport Design through 7 150/5300-14 and Changes 1 Design of Airoraft Deicing Fadlities through 2 150/5320-58 AirpoR Drainage 150/5320-6D and Change 1 Airport Pavement Design and Evaluation 15015320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfacas 150/5320-14 AirpoR Landscaping for Noise Control Purposes 150/5320-15 and Change 1 Management of Airport Industrial Waste 150I5320-16 Airport Pavement Design for the Bceing 777 Airplane t50/5325-4A and Changet Runway Length Requirements for Airport Design 150/5335-5 and Change 1 Standardized Method oi Reporting Pavement Strength PCN 150/5340-1 H and Change 1 Standards for Airport Markings 150/5340-0C and Changes 1 Installation Details for Runway Centerline Touchdown Zone Lighting Systems through 2 150/5340-5B and Changel Segmented Circle Airport Marker System 150/5340-14B and Changes 1 Economy Approach Lighting Aids ' through 3 t50/5340-176 Standby Power for Non-FAA Airport Lighting Systems 150/5340-18C and Change t Standards for Airport Sign Systems 150I5340-21 Airyort Miscellaneous Lighting Yisual Aids 150/5340-23B Supplemental Wind Cones 15015340-24 and Change 1 Runway and Tauiway Edge Lighting System 1 5015 3 40-2 7A Air-to•Ground Radio CoMrol oi Airport LigMing Systems 150/5340-28 Low Visibility Taxiway 150/5340-29 Installation Details for Land and Hold Short Lighting Systems 150/5345-3E Specification for L-821 Panels for ConUol to Airport Lighting 150/5345-5A Cirwit Selector Switch 150/5345-7E Specification for L•824 Underground Elechical Cable for Airport Lighting Circuits 150/5345-10E Speafication for Constant Current Regulators Regulator Monitors 15015345-12C 1501534S13A 150/5345-26C 15015345-27C 15015345-28D and Changel 15015345-398 and Change 1 15015345-42C and Change 1 15015345-43E 15015345-44F and Change 1 15015345-45A 15015345-468 15015345-47A 15015345-09A 150/534650 and Change 1 1501534r51 and Change 1 1501534b52 150/5345-538 150/5345-54A and Change t 150/5345•55 1 5 015 3 6 0.9 15015360-12D 15015360-13 and Change 1 150I5370-2E 150/5370-10A and Changes 1 through 13 150/5380-6 15015390-2A 150/5390-3 15015395-1 Specification for Airport and Heliport Beacon Specification for L-841 Auxiliary Relay Cabinet Assembly for Pitot Control of Airport Lighting Circuits Specifiratlon Tor L-823, Plug and Recepfacle, Cabte Connectors Specifica6on for Wind Cone Assemblies Precision Approach Path Indicator Systems (PAPI) FAA Specification L-853, Runway and Taxiway Centerline Retroreflective Markers Specificatlon for Airport Light Bases, Transfortner Housings, Junction Boxes and Accessories Specifica6on for ObsWCtion Lighting Equipmenl Specification for Taxiway and Runway Signs Lightweight Approach Light Siructure Specificalion for Runway and Taxiway Light Fixtures Isolation Transfortners for Airport Lighting Systems Specification L-854, Radio Control Equipment Specifica6on for Portable Runway Lights Specifica6on for Discharge-Type Flasher Equipment ~eneric Visual Glideslope Indicators (GVGI) Airport Lighting Equipment CerUfication Program Specification for L-1884 Power and Control Unit for Land and Hold Short Lighted Visual Aid to Indicate Temporary Runway Closure , Planning and Design of Airport Tertninal Facitities at Non-Hub Locations Airport Signing & Graphics Planning and Design Guidance for Airport Terminal Facilities Operatlonal Safety on Airports During Construction Standards for Specii~nng ConsVuction of Airports Guidelines and Procedures for Maintenance of Airport Pavements Heliport Design Verliport Design Seaplane Bases The Following Additional Apply to AIP Projects Only Number Title 150/5100-14C Architectural, Engineering, and Planning Consultant Services for AirpoR Grant Projects 150/5100-17 and Changes 1 Land Acquisitio~ and Relocation Assistance for Airport Improvement Program through 4 Assisted Projects 150/5200-30A and Changes 1 Airport Winter Safety and Operations through 5 150/520033 Hazardous Wildlife Attractants on or Near Airports 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/537o-sB Construction Progress and Inspection Report-Airport Grant Program 150/5370-11 and Change 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grent Projects The Following Additional Apply to PFC Projects Only Number Title ~50/5000-12 Announcement of Availability- Passenger Facility Charge (PFC) Application (FAA Form 5500-1) STANDARD DOT TITLE VI ASSURANCES Citv of Bouider (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civii Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be exciuded from participation in, be denied the beneflts of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) wili be conducted or operated in compliance with alt requirements of the Regulations. , 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shal~ extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running wHh the land, in any fuiure deeds, leases, permiis, licenses, and similar agreements entered into by the Sponsor with other parties: {a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal 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: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving ihe provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It wiil provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federai financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 1 of 2 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Rroject. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED Ciry of Boulder, Boulder Municipal Airport (Sponsor) ~~C~f'/--~. ! `~~ ~ (Signature of Authorized O~cial) 2 of CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Com~liance with Reaulations. The contractor shall compiy with the reguiations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set foRh in Appendix B ot tbe Regulations. 3. Solicitations for Subcontracts. Includina Procurements of Materials and Eauioment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be pertormed under a subcontract, including procurements of materiais or lease of equipment, each potential subcontractor or supplier shali be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reoorts. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncomoliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, inciuding, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS. LICENSES. LEASES. PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or othervvise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such . facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shail be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federaily Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Boulder Municipal Airport LOCATION: City of Boulder, Colorado AIP PROJECT NO.: 3-08-0004-11 STATEMENTS APPLICABLE TO THIS PROJECT ~ a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the i~terest of communities that are near (Exact ~ame of airport) Boulder Mu~icipal Airport. ~ b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, o~ Locaf jurisdiction. ~ c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) Boulder Municioal Airoort, and they have been informed regarding the scope and nature of this project. ~ d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duiy considered and are applicable to this project. (Provide comment for any statement not checked). BY~%~~~~~DATE: S~J~~~,~ ~ TITLE: City Manager SPONSORING AGENCY: City of Boutder \ NOTE: Where opposition is stated to an airpoK development prqect, whether expressly or by proposed revision, the following speciiic information coneerning the opposition to the proJect must be fumished. a. Identification of the Federal, state, or local govemmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; c. Spo~sor s plan to accommodate or otherwise saGsty the apposition; d. Whether an opportuniry for a hearing was aRorded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with ihe goals and objectives of such urban planning as has been carried out by ihe community. e. If the opponents proposed any altematives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by ihe proposed development; and h. My other pertinent information which would be of assistance in determining whether to proceed with the project. 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 this 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 subrecipents 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 not less than $10,000 and not more than $100,000 for each such failure. Signed ~-~f~~ ~/~~--- Date ~/,r 2~~ Sponsor's Aut orized Representative Title City Manager ~ CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Altemate 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 pertormance 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 empioyee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to eyery 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; (~ 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 of CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (Continuedl Altemate I. (Grantees Other Than Individuals) (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 site(s) 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. ~-o-~- ~tJ - ~c of certifying o~cial % vW TITLE VI PRE-AWARD SPONSOR CHECKLIST Airport/Sponsor: AIP #: Project Description(s): Rehabilitate Western Portion of Taxiwav A and Aircraft 7) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data conceming tfie race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ~ No~e 2) Please list any airport related Title VI lawsuits or eomplaints flled in the preceding year against the sponsor. Include a summary of the findings. ~ None (If "None". continue with auestions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ~ None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any fndings of noncompliance. ~ None To be completed by the Civil Rights Staff Review completed and approved: Signature Date: This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS); airport or runway relocation; major runway entension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA, Civil Rights, Northwest Mountain Region; 7601 Lind Ave. SW; Renton, WA 98055-4056. FAX: (425) 227-1009 Phone (425) 227-2009 For more Title VI information visit the Civil Rights website at htta:l/www.nw.faa.qovlciviiriqhts/home.htm