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US Department of Transportation-7/22/2013
�1 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER JUL 1 7 2013 Date of Offer Waterloo Regional (herein called the Airport') 3-19-0094-042-2013 Grant No 826186959 DUNS No TO: City of Waterloo, Iowa (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 2, 2013, for a grant of Federal funds for a project at or associated with the Waterloo Regional Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (or Planning Area) (herein called the "Project") consisting of the following: Rehabilitate Taxiway B (825' x 50' Between Taxiway B-2 and Runway 18-36) all as more particularly described in the Project Application. FAA Form 5100-37 (10-89) 1 of 30 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of the allowable costs incurred in accomplishing the Project, ninety (90) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be $616,500. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0 for planning $ 616,500 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 16, 2013, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIER REQUIREMENTS A. Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: FAA Form 5100-37 (10-89) 2 of 30 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions For purposes of this award term: 1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at https://www.sam.00v/portal/public/SAM/). 2. Data Universal Numbering System DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866- 705-5711) or the Internet (currently at http://fedgov.dnb.com/webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 10. ELECTRONIC GRANT PAYMENTISI: The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for FAA grantees. Each payment request under this grant agreement must be made electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. The following are the procedures for accessing and utilizing the Delphi elnvoicing System. A. Grant Recipient Requirements. (1) Grantees must have Internet access to register and submit payment requests through the Delphi elnvoicing system unless, under limited circumstances, a waiver is granted by the FAA and DOT under section (c) below. (2) Grantees must submit payment requests electronically and the FAA will process payment requests electronically. B. System User Access. (1) Grantees must contact the FAA Airports District/Regional Office and officially submit a written request to sign up for the system. The FAA Office of Airports will provide the grantee's name, email address and telephone number to the DOT Financial Management Office. The DOT will then invite the grantee FAA Forrn 5100-37 (10-89) 3 of 30 via email to sign up for the system and require the grantee to complete two forms. The grantee will complete a web based DOT registration form and download the Proof of Identification form to verify the grantee's identity. (2) The grantee must complete the Proof of Identification form, and present it to a Notary Public for verification. The grantee will return the notarized form to: . DOT Enterprise Services Center FAA Accounts Payable, AMZ-100 PO Box 25710 Oklahoma City, OK 73125 The DOT will validate the both forms and email a user ID and password to the grantee. Grantees should contact the FAA Airports District/Regional Office with any changes to their system information. Note: Additional information, including access forms and training materials, can be found on the DOT elnvoicing website (http://www.dot.qov/cfo/delphi-einvoicing-system.html). C. Waivers. DOT Financial Management officials may, on a case by case basis, waive the requirement to register and use the electronic grant payment system based on user requests and concurrence of the FAA. Waiver request forms can be obtained on the DOT elnvoicing website (http://www.dot.gov/cfo/delphi- einvoicinq-system.html) or by contacting the FAA Airports District/Regional Office. Recipients must explain why they are unable to use or access the Internet to register and enter payment requests. (1) All waiver requests should be sent to the FAA Airports District/Regional Office for concurrence, prior to sending to the Director of the Office of Financial Management, US Department of Transportation, Office of Financial Management, B-30, room W93-431, 1200 New Jersey Avenue SE, Washington DC 20590-0001, DOTElectroniclnvoicing@dot.gov. The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days. (2) If a grantee is granted a waiver, the grantee should submit all hard -copy invoices directly to: DOT/FAA PO Box 25082 AMZ-110 Oklahoma City, OK 73125 11. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 12. AIR AND WATER QUALITY: Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply with this requirement may result in suspension, cancellation, or termination of Federal assistance under this agreement. 13. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below Pavement Maintenance Management Program (3) FAA Form 5100-37 (10-89) 4 of 30 An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive -By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FM as may be required. e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 14. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. FM Form 5100-37 (10-89) 5 of 30 b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 15. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 16. MAXIMUM OBLIGATION INCREASE FOR PRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 17. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: a. Existing Fee Title Interest in the Runway Protection Zone:The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. b. Existing Easement Interest in the Runway Protection Zone:The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. D. Future Interest in the Runway Protection Zone:The Sponsor agrees that it will acquire fee title or less - than -fee interest in the Runway Protection Zones for runways that presently are not under its control within 3 years of this Grant Agreement. Said interest shall provide the protection noted in above Subparagraphs a and b. 19. PLANS & SPECIFICATIONS APPROVED: It is understood and agreed by and between the parties hereto that any reference herein or in the aforesaid Application for Federal Assistance,dated 07/02/2013, to plans and/or specifications shall refer to the plans and/or specifications as approved by the FAA on 04/15/2013. FAA Form 5100-37 (10-89) 6 of 30 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (S/4nature) Jim A. Johnson (Typed Name) Manager, Airports Division (Title) FM Form 5100-37 (10-89) 7 of 30 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct. Executed this ,„,ia day of - . Attest: (SEAL) L S ektxt I cu¢ That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at athis 214 th day of JtAky , 2..01 3 By: Title: City of Waterloo, Iowa (Signature of Sponsor's Designated Official Representative) (Name of Sponsor's Designated Official Representative) /224 (Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: By GGA' L-- 3_ ttle4-pt4-,c SSi Mature of Sponsor's Attorney) 9 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. FAA Form 5100-37 (10-89) 8 of 30 OMB Number. 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s): *Other (Specify) ■ Preapplication l( New Application • Continuation ■ Changed/Corrected Application • Revision *3. Date Received: 4. Applicant Identifier. 3-19-0094-42 5a. Federal Entity Identifier. *5b. Federal Award Identifier. 3-19-0094-42 State Use Only: 6. Date Received by State: 7. State Application Identifier. 8. APPLICANT INFORMATION: *a. Legal Name: City of Waterloo *b. Employer/Taxpayer Identification Number (EIN/TIN): 42-6005333 *c. Organizational DUNS: 826186959 d. Address: *Street 1: 2790 Livingston Lane Street 2: *City: Waterloo County: Black Hawk *State: Iowa Province: *Country: USA *Zip / Postal Code 50703 e. Organizational Unit: Department Name: Waterloo Regional Airport Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. *First Name: Sheila Middle Name: *Last Name: Combs Suffix: Title: Airport Administration Organizational Affiliation: *Telephone Number: 319-291-4483 Fax Number: 319-291-4250 *Email: scombs(c�flvalo.com OMB Number. 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 *9. Type of Applicant 1: Select Applicant Type: A.State Govemment Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program *12. Funding Opportunity Number: 3-19-0094-42 *Title: FY 2013 Airport Improvement Program 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Waterloo, Cedar Falls, Black Hawk County, Iowa *15. Descriptive Title of Applicant's Project: Rehabilitation of Taxiway "B" Attach supporting documents as specified in agency instructions. OMB Number. 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 16. Congressional Districts Of: *a. Applicant: First (1St) *b. Program/Project: First (1st) Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: *a. Start Date: 8/2013 *b. End Date: 12/2013 18. Estimated Funding ($): *a. Federal $616,500.00 *b. Applicant $68,500.00 *c. State *d. Local *e. Other *f. Program Income *g. TOTAL $685,000.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? the Executive Order 12372 Process by the State for review. for review on • a. This application was made available to the State under • b. Program is subject to E.O. 12372 but has not been selected 0 c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ■ Yes No 21. *By signing this application, I certify (1) to the statements contained herein are true, complete and accurate to the best of my knowledge. with any resulting terms if I accept an award. I am aware that me to criminal, civil, or administrative penalties. (U. S. Code, Title in the list of certifications*" and (2) that the statements I also provide the required assurances*" and agree to comply any false, fictitious, or fraudulent statements or claims may subject 218, Section 1001) you may obtain this list, is contained in the announcement or 0 ** I AGREE ** The list of certifications and assurances, or an intemet site where agency specific instructions. Authorized Representative: Prefix: Ms. *First Name: Sheila Middle Name: *Last Name: Combs Suffix: *Title: Airport Administration *Telephone Number: 319-291-4483 Fax Number. 319-291-4250 * Email: scombs(a�flvalo.com n *Signature of Authorized Representative:)u,,,„- L r 9 p A _&AL\ t *Date Signed: 1 I j OMB Number. 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A OMB NO. 2120-0569 11/30/2007 Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes x No Name of Governing Body: Priority: Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes x No Name of Agency or Board: (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Yes x No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes x No Name of Approving Agency: Date: / / Item 5. Is the proposal project covered by an approved comprehensive plan? Yes No Check one: Location of Plan: State Local Regional x Airport Item 6. Will the assistance requested serve a Federal installation? Yes x No Name of Federal Installation: Federal Population benefiting from Project: Item 7. Will the assistance requested be on Federal land or installation? Yes Name of Federal Installation: Location of Federal Land: No Percent of Project: Item 8. Will the assistance requested have an impact or effect on the environment? Yes x No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? Yes n No Number of: Individuals: Families: Businesses: Farms: Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes x No See instructions for additional information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03) Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II - SECTION C The Sponsor hereby represents and certifies as follows: OMB NO. 2120-0569 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: The Waterloo Airport Board has acquired easements or by fee title all property within the existing runway protection zones. The City of Waterloo has passed tall Structure zoning ordinances and Land Use Zoning ordinances to protect and control the aerial approaches and the adjacent property use at the Waterloo Regional Airport. 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: None 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 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. 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. Yes 5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport which project is proposed. Yes 7. 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. 8. Air and Water Quality Standards. — In projects involving airport location, a major runway extension, or runway location it will provide for the Govemor 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 and 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. FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART I1- SECTION C (Continued) OMB NO. 2120-0569 9. 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 10. 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": a. Airport property map is included in the Airport Layout Plans Approved March 2000. A new airport property map is attached to the current title opinion. b. Certificate of Title is attached. 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" 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 here by the area numbers shown on the property map. FAA Form 5100-100 (9-03) SUPERSEDES FM FORM 5100-100(4-76) Page 3b U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 21.106 SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 6,200.00 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other Architectural engineering fees $83,800.00 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement $595,000.00 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) $685,000.00 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) $685,000.00 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $685,000.00 20. Federal Share requested of Line 19 $616,500.00 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) $616,500.00 23. Grantee share $68,500.00 24. Other shares 25.- Total Project (Lines 22, 23 & 24) $ $ $685,000.00 Page 4 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION SECTION C - EXCLUSIONS 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 $ 68,500.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) — PFC Program 68,500.00 h. TOTAL - Grantee share 68,500.00 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 68,500.00 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (9-03) SUPERSEDES FM FORM 5100-100 (6-73) Page 5 PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION -- --------- ---- PROJECT : Rehabilitation of Taxiway "E" FAA AIP Project No. 3-19-0094-41 AIRPORT : Waterloo Regional Airport 1. Objective: Taxiway "B" was originally constructed as a part of the original airport. The taxiway was strengthened in 1972. The project was rated poor as of the latest pavement condition survey. The project will remove the existing PCC pavement, compact the subgrade, provide a new crushed aggregate base, new 13" PCC pavement, taxiway edge light replacement, and surface restoration. 2. Benefits Anticipated: Taxiway `B" is in need of rehabilitation/reconstruction. Life cycle costs of both asphalt and Portland cement concrete altematives were evaluated during the design process and a new PCC pavement was determined to be the most cost effective solution to the rehabilitation of this taxiway. The new surface will provide a safer facility for both aircraft and passengers. The runway hold position marks are required. The thermoplastic markings are to last significantly longer reducing the number of times they need to be repainted. 3. Approach : (See approved Scope of Work in Final Application) This project was competitively bid and the lowest responsive and responsible bidder will be considered for the construction. The construction will begin upon receipt of the grant and is expected to be complete by the end of 2013. 4. Geographic Location: The project is located within the property limits of the Waterloo Regional Airport located in Waterloo, Black Hack County, Iowa. 5. If Applicable, Provide Additional Information: The funding for this project will come from Airport Improvement Program funds and passenger facility charges. 6. Sponsor's Representative: (include address & telephone number) Airport Administration Project Engineer. Ms. Sheila Combs Steven J. Eaton, P.E. 2790 Livingston Lane AECOM Waterloo, Iowa 50703 500 SW 7th Street, Suite 301 (319)-291-4483 Des Moines, Iowa 50309 (515) 244-1470 FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 6 City of Waterloo (Sponsor) (Work Description) Rehabilitation of Taxiway "B" U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG-FREE WORKPLACE Waterloo Regional Airport 3-19-0094-42 (Airport) (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. A statement has been (will be) published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug-free awareness program has been (will be) established to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been (will be) given a copy of the statement required within item 1 above. 4. Employees have been (will be) notified in the statement required by item 1 above that, as a condition employment under the grant, the employee will: a. Abide by the terms of the statement; and b. 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. Yes No N/A ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take 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 b. Require 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. 7. A good faith effort will be made to continue to maintain a drug-free workplace through implementation of items 1 through 6 above. Yes No N/A ❑ ❑ ❑ ❑ ❑ ❑ I have prepared documentation shown below or attached hereto with site(s) for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified below or in the attachment. I have prepared additional documentation for any above items marked "no" and attached it hereto. I certify that, for the project identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. Street Address: 2790 Livingston Lane City: Waterloo State: Iowa Zip code: 50703 City of Waterloo (Name of Sponsor) r b (Signature of Sponsor's Designated Official Representative) Sheila Combs (Typed Name of Sponsor's Designated Official Representative) Airport Administration (Typed Title of Sponsor's Designated Official Representative) (Date) To: Manager, Safety and Standards Branch Subject: Waterloo Regional AIP Project No. 3-19-0094-42 CERTIFICATE OF TITLE FAA Central Region Airport This certification is made to satisfy (check both if applicable): ❑x Part II Section C.10 of the Grant Application (FAA Form 5100-100) for existing airport property ® Grant conditions relative to satisfactory title evidence for land being acquired under this project The City of Waterloo (hereinafter referred to as the "Sponsor"), pursuant to Section 47105(d) of the Federal Aviation Administration Authorization Act of 1994 (and amendments), hereby certifies that satisfactory property interest to the land indicated herein is vested in the Sponsor, as required by obligations of the referenced Grant Agreement with the Federal Aviation Administration. The Sponsor hereby certifies that it holds the quality of title described below, as of the date of the attorney's title opinion on which this certification is based. Parcel Number (Per Exhibit A) Quality of Interest (Fee, Easement*, etc.,) 1 thru 33 (Exhibit 'A' Opinion of Title) Fee A thru L (Exhibit 'C' Opinion of Title) Avigation Easement 1 thru 12 (Exhibit 'B' Opinion of Title) Easements and Rights -of -Way Parcels must be listed. Avoid simply referencing the Exhibit A Property Map. Attach additional sheets as necessary. *The Sponsor certifies that grantors of easements constitute all of the owners of the land affected by such easements, and they had such quality of title in and to such land as to enable them to convey the interest purported to be conveyed in and by the easements granted. No other interests or rights exist which are incompatible with or would interfere with the exercise and enjoyment by the Sponsor of the rights and interests conveyed. Sponsor hereby certifies that the Sponsor or the Sponsor's attorney have reviewed, evaluated and subordinated to airport use where necessary, all encumbrances and that no outstanding encumbrances exist which might affect the maintenance, operation, or development of the airport. Sponsor further certifies that if defects in the title require correction after acceptance of this Certificate of Title by the FAA, the Sponsor accepts full responsibility for clearing such defects, encumbrances, or exceptions at its own expense. This Certificate of Title is based upon a current title opinion dated April 3, 2013 by the sponsor's attorney Christopher S. Wendland (name of attorney). Sponsor certifies that the title opinion referenced above corresponds with the "Exhibit A" airport property map dated February 2013 , AIP project number 3-19-0094-33 . Although specific title evidence documents are not submitted herewith, copies of deeds and other appropriate evidence of title for the land are on file with the Sponsor and are available for inspection by the FAA. It is understood that the FAA reserves the right to require additional information at any time. Signature and Title o Sponsor Official Authorize 1611 / 1 Dat to Sign " . nt Agreement Attorneys. at. Law ..315 E. 5th. Street I. P.O. Box.59•6 .Waterloo, lowia 50704..(319):234-5701 FAX (319) 232-9579 ® wwwcbwhlaw.com ::• Wallace W. Butler, Retired Craig 0. Clark, 1923-2004 Fred G. Clark, Jr. 1922-1984 Emity:C. Bartekoske Joshua L Christensen Timothy W. Hamann *. Jared R. Knapp Christy R. Liss James E, Walsh, Jr. ** Christopher S. Wendland• * Also admitted to Minnesota ** Also admitted in Illinois, Minnesota and WiscOns1n Bradley Hagen. Waterloo Regional Airport 2790 Livingston Lane. Waterloo, IA 50703 RE: Opinion of Title Dear .Mr. Hagen: This opinion of title is to real property owned by the City of Waterloo, Iowa, or by the Waterloo Airport Commission, which in totality comprises the Waterloo Regional Airport, - This is to certify that I have examined thedocuments of title to the following -described property, to - wit: See Exhibit "A" attached hereto. As of March 7,. 2013, I find feesimple-title to the above described real property to be in either the City of Waterloo, Iowa or the Waterloo Airport Commission, as indicated on Exhibit "A" attached hereto, subject to the following: 1. The real property is subject to various easements and rights-of-way as described in. Exhibit "B" attached hereto. None of the interests described will in any way interfere with the use of the properties described on Exhibit "A" for airport purposes and will not affect the operation, maintenance or development of the airport. 2: The leases and agreements currently in effect at said airport do not adversely affect the sponsor's possession and control of the airport or interfere with its ability to carry out the obligations and covenants set forth in the project application. • In addition to the above-described property interests, the City of Waterloo, Iowa also hold avigation easements (recorded at various times from June 9, 1953 through November 26, 1985) over the following -described property, to -wit: See Exhibit "C": attached. hereto: I find that the grantors of the above-described avigation easements constituted all of the owners of the land affected by the easements and that such grantors had such quality of title in and to suchland as to enable them to convey theinterest purported to be conveyed in and by the Bradley Hagen April 3, 2013. Page 2 easements granted, and that there areno other interests or rights which are ;incompatible: with or would interfere with the exercise and enjoyment by the City of the rightsand interests conveyed. Based on title examination, the laws of the State of Iowa and title standards, 1 find no legal deficiencies in the title to said land except as noted herein. CLARK,. BUTLER, WALSH & HAMANN Christopher S. Wendland EXHIBIT "A" Ownership All real estate is located in Townships 89 and 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, and more particularly indicated therein as follows, excluding road right of way and platted streets in all appropriate instances. Tract numbers referenced below are the tract designations shown on the airport property map dated November 2012. Tracts are grouped together below according to the section of land in which they are located. Tracts 8-20 are in Township 89, and all other tracts are in Township 90. Title held by City of Waterloo, Iowa: 1. Tracts 1-5, 30-33: Section 32, except W '/Z of NW '/, in City of Waterloo. 2. Tracts 6-7: SW 1/4 and SW 'A of SE 'A, in Section 33, in City of Waterloo. 3. Tracts 8-9, 12-13, 15-17: Section 5, including parts thereof platted as part of Lots 1-4 and part of Tract I, MidPort America Park Plat No. 1, and platted as Lots 13-14 and Tract L, MidPort America Park Plat No. 2, in City of Waterloo, except those parts of Section 5 consisting of railroad right of way and parcels lying generally Southerly of said railroad right of way. 4. Tracts 10-11, 14, 18-19: NW 'A, and E'A of SE 'A, and SW ' of NE 'A, and W 37.38 acres of N frl 1/2 of NE 'A, all in Section 4, except those parts thereof deeded to State of Iowa in 505 Deeds 94, 515 Deeds 402, and 112 LD 607, and except those parts thereof platted as MidPort America Park Plat No. 1 and MidPort America Park Plat No. 2, and except those parts thereof consisting of railroad right of way and parcels lying generally Southerly of said railroad right of way. AND Part of Lots 1, 3-4, and part of the SWly 140.31 feet of Lot 2, and part of Tracts D and I, in that part of MidPort America Park Plat No. 1 lying within the SW 'A of Section 4, in City of Waterloo. AND Lots 6-9, Tracts A and C, and Tract B except that part thereof lying North of a line which begins at a point on the East line of said Tract B which is 420 feet South of the Northeast corner of said Tract B, thence North 90 degrees West 790 feet to the West line of said Tract B and point of termination, all in MidPort America Park Plat No. 1, in City of Waterloo. AND Lot 11, MidPort America Park Plat No. 2, in City of Waterloo. AND Lots 15-17, that part of Lots 18 and 19 lying in the SW 'A of SE % of Section 4, and Lot 21, all in MidPort America Park Plat No. 3, in City of Waterloo. 5. Tracts 21, 23: NE'/ of SW %, in Section 30, except that part deeded to State of Iowa in 562 LD 456, in Black Hawk County, and SE 'A of SE 'A, in Section 30, in City of Cedar Falls. 6. Tracts 24-26: NE '/, in Section 31, in City of Cedar Falls, except that part deeded to State of Iowa in 562 LD 456. Title held by Waterloo Airport Commission: 7. Tract 20: SE '/ of NE '/, and E 1/2 of SE % including portions thereof platted in MidPort America Park Plat No. 3, in City of Waterloo, as Lot 20 and those parts of Lots 18, 19 and 22 lying in E %2 of SE '/, in City of Waterloo. 8. Tract 22: NW '/ of SE '/, in Section 30, in Black Hawk County, and SW % of SE '/ in Section 30, in City of Cedar Falls, except that part deeded to City of Cedar Falls in 562 LD 461. 9. Tracts 27, 29: W 1/2 of NW '/, Section 32, in City of Waterloo. 10. Tract 28: SE '/ of SE 'A and E 1/2 of SW % of SE %, in Section 29, in Black Hawk County. 2 EXHIBIT "B" Easements and Rights -of -Way Tract numbers referenced below are the tract designations shown on the airport property map dated November 2012. 1. Right of way and easement to American Telephone and Telegraph Company of Iowa for construction, operation, etc. of a communication system, equipment and facilities. Runs along westerly 5 feet of Tracts 8, 12 and 15, easterly of road right of way. Filed in 39 Misc. 124 on January 14, 1944. 2. Easement to Cedar Falls Municipal Utilities for electric line and related fixtures. Covers South 10 feet of North 36 feet of East 35 feet of West 68 feet of Tract 8. Filed in 12 Ease 617 on November 22, 1993. 3. Utility easements as shown on plats for MidPort America Park Plat No. 1, Plat No. 2, and Plat No. 3. These plats affect Tracts 14, 16, 17, 18 and 19. Filed respectively in Y Plat 79 on September 4, 1997, as Doc. No. 2005-25752 on May 6, 2005, and Doc. No. 2011- 15877 on February 8, 2011. 4. Right of way to Iowa Public Service Company for construction, operation, etc. of electric line and related fixtures. Covers an area 14 feet wide adjacent to railroad right of way, on the northerly side thereof, lying in Tracts 14, 15, 16, 17 and 19. Filed in 5 Ease 436 on January 27, 1977. 5. Easement dedication by City of Waterloo for utility purposes over an area that generally constitutes a portion of future MidPort Blvd., lying easterly of MidPort America Park Plat No. 1 and later designated as Tract "J" in MidPort America Park Plat No. 2. Covers Tracts 14 and 20. Filed in 338 Misc 645 on June 5, 2000. 6. Easement to Cedar Falls Utilities for fiber optic transmission lines, lying within right of way for Airport Blvd. and Wagner Road. Covers Tracts 18 and 20. Filed in 315 Misc 358 on April 11, 1995. 7. Easement to ConAgra Foods Packaged Foods, LLC for use, maintenance, etc. of rail track over the southerly portion of Tract A, MidPort America Park Plat No. 1. Covers Tract 18. Filed March 6, 2009 as Doc. No. 2009-16540. 8. Easement to HLA 1031, LLC for construction, use, maintenance, etc. of area for vehicular parking and travel, located upon a part of Lot 22, MidPort America Park Plat No. 3. Covers Tract 20. Filed June 3, 2011 as Doc. No. 2011-22971. 9. Right-of-way permits to Northwestern Bell Telephone Company for construction, operation, maintenance, etc. of telephone lines and related fixtures, along certain described property lines. Covers Tracts 21 and 22. Filed December 17, 1943 in 38 Misc 386 and 38 Misc 388. 10. Right of way to Iowa Public Service Company for electric lines and fixtures. Covers the west 100 feet of the north 2300 feet of Section 32, lying in Tracts 27 and 29. Filed April 25, 1972 in 4 Ease 278. 11. Right to Iowa Telephone Company for telephone and telegraph lines and fixtures over and upon an unspecified portion of Tract 32, including along roads or streets then existing. Filed November 6, 1917 in 3 Misc 115. 12. Temporary easement to City of Cedar Falls for reconstruction and repair of Leversee Road and Lone Tree Road. Covers land in Tract 32. Filed January 18, 2013 as Doc. No. 2013-15068. 2 EXHIBIT "C" Avigation Easements All real estate is located in Townships 89 and 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, and more particularly indicated therein as follows, excluding road right of way and platted streets in all appropriate instances. Tract letters referenced below are the tract designations shown on the airport property map dated November 2012. Tracts A -C are in Township 90, and all other tracts are in Township 89. Tract A: All that part of S '/2 of SW 1/4 of Section 30 lying East of railroad right of way, in City of Cedar Falls Tract B: A part of the NE '/ of SE '/ of Section, in Black Hawk County, described as follows: Beginning at the SE comer thereof; thence West to SW comer thereof; thence North to NW comer thereof; thence SEIy on a diagonal to the place of beginning. Tract C: SW '/a of SW '/, Section 29, in Black Hawk County. Tract D: All that part of the West 37.38 acres of the North frl'h of the NE frl '/ of Section 4, in City of Waterloo, described as follows: Commencing at the NW comer of the NE frl '/ of said Section 4; thence South along the West line of said NE frl % a distance of 33 feet to the point of beginning; thence South along the West line of said NE frl '/ a distance of 555 feet; thence SEIy along a straight line to a point on a line which is 833 feet South of (as measured parallel with the West line of said NE frl '/) and parallel with the North line of said NE frl % which point is 319 feet East of (as measured parallel with the North line of said NE frl '/) the West line of said NE frl '/; thence East parallel with the North line of said NE frl % to the East line of the West 37.38 acres of the North frl '/2 of said NE frl '/; thence North along the East line of said West 37.38 acres to a point which is 33 feet South of the North line of said NE frl '/; thence West along a straight line to the point of beginning. Tract E: The West 875 feet of that part of the SE '/ of SW % of Section 4, in City of Waterloo, lying south of railroad, and except the South 60 feet. Tract F: That part of the SW '/a of SW '/a of Section 4, in City of Waterloo, described as follows: Commencing at the SE comer of the SW '/a of the SW '/ of Section 4; thence West along the South line of said SW '/ a distance of 228.3 feet; thence North a distance of 60 feet to a point on the North right-of-way line of Highway 57 that is the point of beginning; thence continuing North along said line a distance of 338.2 feet to a point on the Sly right-of-way line of the Illinois Central Railroad that is a distance of 229.6 feet Wly along said Sly right-of-way line from a point on the East line of the SW '/ of SW '/o; thence running Wly along said Sly right-of-way line a distance of 586.79 feet to a point that is 150 feet measured at right angles, from the center line of the airport access road; thence running South on a line parallel with and 150 feet from said center line of access road a distance of 386.64 feet to a point on the North right-of-way line of Highway 57, said point being a distance of 60 feet North of the South line of the SW 'A; thence running East along said right-of-way line a distance of 577.4 feet to the point of beginning. Tract G: A part of the SW '/ of the SW '/ of Section 4, in City of Waterloo, described as follows: Beginning at a point 60 feet North and 805.7 feet West of the SE corner of the SW '/ of the SW '/ of said Section 4; thence Wly parallel with the South line of said Section 4 a distance of 100 feet to a point 50 feet east of the centerline of the airport access road known as Airport Blvd; thence Nly parallel to and 50 feet from the centerline of Airport Blvd to the Sly line of the ICRR right of way; thence SEIy along the Sly line of the ICRR right of way to a point 150 feet Ely of the centerline of Airport Blvd. said point also being 816.39 feet Wly of the East line of the SW 'A of the SW % measured along the Sly line of the ICRR right of way line; thence Sly to the point of beginning. Tract H: The East 100 feet of that part of the SW '/ of Section 4, in City of Waterloo, described as follows: Commencing at a point on the North line of the right-of-way of the Illinois Central Railroad 60 feet east of the center line of the access road to the Waterloo Municipal Airport (said point being reached by proceeding North along the West line of said Section 4 from the SW comer of said Section, a distance of 559 feet to the North line of the Illinois Central Railroad right-of-way; thence East along the North line of said right-of-way at an angle of 90°41' a distance of 302.90 feet to the center line of said access road; thence East 60 feet along the North line of said right-of-way); thence North from said point of beginning parallel with the center line of said access road and 60 feet East therefrom a distance of 400 feet; thence East parallel with the South line of said Section 4 a distance of 500 feet; thence South parallel with the center line of said access road to the North line of the right-of-way of the Illinois Central Railroad; thence West along the North line of said right-of-way to the point of beginning. Tract I: That part of the SW % of the SW % of Section 4, in City of Waterloo, described as follows: Beginning at a point on the West line of the SW '/ of Section 4 that is 60 feet North of the SW corner of said Section; thence North 00°40' East along the West line of the SW '/ of said Section a distance of 399.17 feet to a point on the South right of way line of the Illinois Central Railroad; thence South 88°43' East along said South right of way line a distance of 216.25 feet to a point that is 150 feet West of the centerline of existing access road to the Waterloo Municipal Airport; thence South 00°26' East parallel with and 150 feet from said centerline of access road a distance 394.1 feet to a point on the North right of way line of U.S. Highway No. 20; thence running due West along said right of way line that is 60 feet from and parallel with the South line of the SW '/ of Section 4 a distance of 224.33 feet to the point of beginning. Tract J: That part of the SE % of the SE '% of Section 5, in City of Waterloo, described as follows: Beginning at a point on the East line of the SE '/ of Section 5 that is 60 feet North of the SE comer of said Section; thence South 89°26' West along the North right of way line of Highway No. 20 a distance of 75.67 feet; thence North 00°34' West a distance of 401.97 feet to the South right of way line of the Illinois Central R.R.; thence South 88° East along said South right of way a distance of 84.34 feet to a point on the East line of the SE 'A of Section 5; thence S. 00°40' West along the East line of the SE 'A of said Section a distance of 399.17 feet to the place of the beginning. 2 Tract K: That part of the SE 1/4 of Section 5, in City of Waterloo, described as follows: Commencing at the SE Corner of Section 5; thence running West along the South line of the SE of said Section 5 a distance of 74.38 feet; thence running at an angle of 90° to the right from the last described line Nly a distance of 126 feet to the point of beginning. Thence running ning West from said point of beginning on a line parallel with and 126 feet North of the South line of the SE 1/ of Section 5 a distance of 1790.78 feet; thence running at an angle of 90° to the right in a Nly direction a distance of 393.76 feet to the South Right of Way line of the Illinois Central Railroad; thence running at an angle of 91°51' to the right in a SEIy direction along the South Right of Way line of said Railroad a distance of 1791.74 feet to a point that is 84.34 feet NWIy from the East line of Section 5. Thence running at an angle of 88°09' to the right in a Sly direction a distance of 335.97 feet to the point of beginning. Tract L: That part of the SW 1/4 of the SE 1/ of Section 5, in City of Waterloo, described as follows: Beginning at a point on the North Right of Way Line of US Highway 20 that is 1865.16 feet West of the SE Corner of Section 5 and 126 feet North of the South Line of the SE 1/ of said Section; thence West on a Line 126 feet from and parallel with the South Line of the SE 1/ of said Section a distance of 794.73 feet to a point on the West Line of the SE 1/ of Section 5; thence at an angle to the right of 91°06' Nly along the West Line of the SE 1/ of said Section a distance of 419.43 feet to a point on the South Right of Way Line of the Illinois Central Railroad; thence at an angle to the right of 90°46' SEIy along the South Right of Way Line of the Illinois Central Railroad a distance of 785.12 feet; thence at an angle to the right of 88°08' South a distance of 393.76 feet to the point of beginning. 3 4‘0200.1 90 ' „A 0*.. C.A,„�GIA t.,ItOR.,,..<,.....a, r„,„A it . NOTE• ACRES AS SHOWN ARE A5 RECORDED DR CAI •• AV4ATON EASEMENT - RECORDED WSTRLAA .- . L- X A r in CA O m> CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CRY OF WATERLOO CITY OF WATERLOO F r Q1 g te' /F I�ggR 9,1 ” 8 P i m b s is-n2A•A ego . i e EASEMENT DATA 3 LEGEND 1.4 C$. c ie - --Rr , ITAMT, a ' o w m m ro o' 1'F, R+ R JV'© VN 433 tlN VN 4N ZL0-4600-sI-6 2110-4600-61-8 214-4600-61-A 00ggpp $ as a a a m W U N a c. , —I m., o ''sa{yi'.i r t �� , ' T .7 , A . � i {� y DATE RECORDER'S RECORDED 0004/PAGE REMARFS R ,., 4er ,la'T`s�a� ��777 s .,k�-c� i n ,�-.;yM>{j�.i„`"��F" ,o w e M o N m , u it g A A • ASEMENT •• G . A • EASEMENT •• EASEMENT •• AV EASEMENT •• ' I5.1_,--„-,.,244 ( 3�.gf.. 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NO REVISIOWA DRN CHR DATE City of Waterloo U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS Waterloo Regional 3-19-0094-42 (Sponsor) Description of Work: Rehabilitation of Taxiway "B" (Airport) (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standard. Yes No N/A 1. Solicitations were or will be made to ensure fair and open competition from a wide area of interest. ❑ ❑ 2. Consultants were or will be selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined ® ❑ ❑ through negotiations. 3. A record of negotiations has been or will be prepared reflecting considerations involved in the establishment of fees, which are not significantly above the sponsor's independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was or will be obtained from the FAA. 5. The consultant services contract clearly establish or will clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out ® ❑ ❑ elements of the project. 6. Costs associated with work ineligible for AIP funding are or will be clearly identified and separated from eligible items in solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant -assisted contracts have been or will be included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not or will not be used. ® ❑ ❑ // ® ❑ ❑ 11 ❑ Cl ® ❑ ❑ Page 1 of 2 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was or will be specifically described in the advertisement, and future work will not be initiated beyond five years. ❑ ❑ I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Waterloo (Name of Sponsor) _41 (Signature of Sponsor's Designated Official Representative) Sheila Combs (Typed Name of Sponsor's Designated Official Representative) Airport Administration (Typed Title of Sponsor's Designated Official Representative) (Date) Page 2 of 2 City of Waterloo U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION EQUIPMENT/CONSTRUCTION CONTRACTS Waterloo Regional Airport 3-19-0094-42 (Sponsor) (Airport) (Project Number) Description of Work Rehabilitation of Taxiway "B" Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for equipment and construction contracts within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One—General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. A code or standard of conduct is or will be in effect goveming the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection, and testing. 3. The procurement was or will be publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes or will describe: a. The current Federal wage rate determination for all construction projects, and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was or 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 responsible bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, or d. Proposed contract prices are more than 10 percent over the sponsor's cost estimate. Yes No N/A ® ❑ 0 0 ❑ 6. All contracts exceeding $100,000 require or will require the following provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; b. Conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contact terms; and c. 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), and Executive Order 11738. 7. All construction contracts contain or will contain provisions for: a. Compliance with the Copeland "Anti -Kick Back" Act, and b. Preference given in the employment of labor (except in executive, administrative, and supervisory positions) to honorably discharged Vietnam era veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain or will contain the following provisions: a. Compliance with the Davis -Bacon Act based on the current Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain or will contain appropriate clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity. 10. All contracts and subcontracts contain or will contain clauses required from Title VI of the Civil Rights Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been or 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 U.S. Department of Transportation (DOT) element and appearing on the DOT Unified List. Yes No N/A ® ❑ ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Waterloo (Name of Sponsor) err ( 0) (Signature of Sponsor's Designated Official Representative) Sheila Combs (Typed Name of Sponsor's Designated Official Representative) Airport Administration (Typed Title of Sponsor's Designated Official Representative) -27 ( ate) City of Waterloo U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS Waterloo Regional Airport 3-19-0094-42 (Sponsor) (Airport) (Project Number) Description of Work: Rehabilitation of Taxiway "B" Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One—General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as procurement/installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. The plans and specifications were or will be prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not or will not be proprietary or written so as to restrict competition. At least two manufacturers can meet the specification. 3. The development included or to be included in the plans is depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been or will be omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are or will be included in the project specifications. 6. If a value -engineering clause is incorporated into the contract, concurrence was or will be obtained from the FAA. 7. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the Federally approved environmental finding. Yes No N/A ►1 ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been or will be discussed with the FAA as well as incorporated into the specifications, and a safety/phasing plan has FAA's concurrence, if required. 9. The project was or will be physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. Yes No N/A ® ❑ ❑ ® ❑ ❑ I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Waterloo (Name of Sponsor) r (Signature of Sponsor's Designa ed Official Re presentative) Sheila Combs (Typed Name of Sponsor's Designated Official Representative) Airport Administration (Typed Title of Sponsor's Designated Official Representative) (D te) 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 this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: Airport Sponsor Assurances (4/2012) 9 of 30 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. 1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 1. Title 49, U.S.C., Section 303, (formerly known as Section 4(0) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers 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 Standards Act - 40 U.S.C. 327, et seq.' t. Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 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.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Airport Sponsor Assurances (4/2012) 10 of 30 Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace (grants). P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-133 - Audits of States, Local Governments, and Non -Profit Organizations ' These laws do not apply to airport planning sponsors. Airport Sponsor Assurances (4/2012) 11 of 30 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 Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or Airport Sponsor Assurances (4/2012) 12 of 30 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 this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in Airport Sponsor Assurances (4/2012) 13 of 30 permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 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 use airport, as defined in Title 49, it has, on the date of Airport Sponsor Assurances (4/2012) 14 of 30 submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to Airport Sponsor Assurances (4/2012) 15 of 30 commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition Airport Sponsor Assurances (4/2012) 16 of 30 and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for Airport Sponsor Assurances (4/2012) 17 of 30 furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. 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. Airport Sponsor Assurances (4/2012) 18 of 30 For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the Airport SponsorAssurances (4/2012) 19 of 30 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. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20 -year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, Airport Sponsor Assurances (4/2012) 20 of 30 conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 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 Airport Sponsor Assurances (4/2012) 21 of 30 and roads), including all proposed extensions and reductions of existing airport facilities; (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and (4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. 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 except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will 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 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 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, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another Airport Sponsor Assurances (4/2012) 22 of 30 project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a. disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. Airport Sponsor Assurances (4/2012) 23 of 30 d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. 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 01/12/2012 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation Airport Sponsor Assurances (4/2012) 24 of 30 and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor Assurances (4/2012) 25 of 30 FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 4/16/2013 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory circulars NUMBER `' TITLE 70/7460-1K Obstruction Marking and Lighting 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Change 1 Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5100-13B Development of State Standards for Nonprimary Airports 150/5200-28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30C Airport Winter Safety And Operations 150/5200-31C Change 2 Airport Emergency Plan 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 4/16/2013 ARP Page 1 of 5 NUMBER TITLE 150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20 Change 1 Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B) Out Squitter Equipment 150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes 150/5300-13A Airport Design 150/5300-14B Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5C Change 1 Surface Drainage Design 150/5320-6E Airport Pavement Design and Evaluation FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 4/16/2013 ARP Page 2 of 5 NUMBER TITLE 150/5320-12C Changes 1- 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5B Standardized Method of Reporting Airport Pavement Strength - PCN 150/5340-1 K Change 1 Standards for Airport Markings 150/5340-5C Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-30G Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7E Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-1 OG Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D FM Specification For L-823 Plug and Receptacle, Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers 150/5345-42G Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43G Specification for Obstruction Lighting Equipment 150/5345-44J Specification for Runway and Taxiway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures FM Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 4/16/2013 ARP Page 3 of 5 NUMBER TITLE 150/5345-46D Specification for Runway and Taxiway Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49C Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51 B Specification for Discharge -Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-543 Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12E Airport Signing and Graphics 150/5360-13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities 150/5360-14 Access to Airports By Individuals With Disabilities 150/5370-2F Operational Safety on Airports During Construction 150/5370-10F Standards for Specifying Construction of Airports 150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5380-6B Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-2C Heliport Design FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 4/16/2013 ARP Page 4 of 5 NUMBER TITLE 150/5395-1 Seaplane Bases THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 4/16/2013 NUMBER TITLE 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Changes 1 - 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-9B Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects 150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-6D Changes 1 - 4 Construction Progress and Inspection Report — Airport Grant Program 150/5370-12A Quality Control of Construction for Airport Grant Projects 150/5380-7A Airport Pavement Management Program FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 4/16/2013 ARP Page 5 of 5