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HomeMy WebLinkAboutReso. 1983 - 184 - Accepting grant offier under project no. 3-06-0194-02 for runway overlay improvements at the redding municipal airportV • RESOLUTION NO. 3, 18Y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ACCEPTING GRANT OFFER UNDER PROJECT NO. 3-06-0194-02 , FOR RUNWAY OVERLAY IMPROVEMENTS AT THE REDDING MUNICIPAL AIR- PORT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ACCEPTANCE OF SUCH GRANT OFFER. BE IT RESOLVED by the members of the City Council of the City of Redding as follows: 1 . The City of Redding shall accept the Grant Offer of the United States of America in the amount of NINE HUNDRED SEVENTY TWO THOUSAND EIGHT HUNDRED FIFTY AND 00/100 DOLLARS ($972 , 850 . 00) for the purpose of obtaining Federal aid under AIP Project NO. 3-06-0194-02 in the development of the Redding Municipal Airport; and 2 . The City Manager of the City of Redding is hereby authorized and directed to sign the Statement of Acceptance of said Grant Offer (entitled Part II - Acceptance) on behalf of the City of Redding and the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on the aforesaid Statement of Acceptance; and 3. A true copy of the Grant Offer referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 19th day of September , 1983, cA. c>o and was duly adopted at said meeting by the following vote: AYES: COUNCILMEN: Demsher, Fulton, Kirkpatrick, Pugh, and Gard NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None SI I dr (1)11vV dil At 'BA• A ALLEN GARD, Mayor City of Redding ATTEST: e a, ETHEL A. NICHOLS, City Clerk FORM AP'ROVED: RANDALL A HAYS, 'City/Attorney -2- • E, 4 11.k' 1 of 4 pages 1a DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer AUG 1 8 1963 Redding Municipal Airport/Planning Area Project No. 3-06-0194-02 Contract No. DTFA08-83-C-30058 TO: CITY OF REDDING, CALIFORNIA • (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA's) WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 10, 198; for a grant of Federal funds for a project at the Redding Municipal Airport/Planning Area together with plans and specifications for such development project, or ' the planning work definition for such Planning Project, 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: "Overlay Runway 16/34 (approx. 7000' x 150') including porous friction course and marking." • all as more particularly described in the Project Application. WHEREAS, this project will not be completed during Fiscal. Year 1983 and the estimated U.S. share of the total cost of completion will be $972,850. 00. FAA Form 5100-37 PG 1 (8-82) 411 Sage 2 of 4 pages N NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," and in consideration of (a) the Sponsoo'e adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer es hereinafter provided, and (b) the benefits to accrue to the United Slates 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, 90 percentum of allowable project costs. • This Offer is made on and subject to the following terms and conditions: Standard Conditions 1 . The maximum obligation of the United States payable under this • • offer shall. be $ 605,971.00 which is comprised of: - 0 - for planning $ 605,971.00 for development other than land - 0 - for land acquisition 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 comply with the Airport and Airway Improvement Act of 1982 and 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 fully comply with the Part V Assurances which are Attached to and become a part of this offer. 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 or such subsequent date az may be prescribed in writing by the FAA. . • FAA Form 5100-37 PG 2 (8-82) 1 •411 Page 3 of 4 pages Special Conditions 7. Pursuant to Section 512 of the Airport and Airway Improvement Act, and at the Sponsor's request, the FAA does hereby commit the United States to obligate an additional amount to this project for payment of its share of the cost, in accordance with the terms hereof, not to exceed the apportionment(s) made to the sponsor for FY(s) 1984 and 1985 pursuant to Section 507(a)( 1) of said Act , and subject to the restrictions now or hereafter imposed on the FAA on use of such apportionment by, but not limited to, Appropriation Acts now or hereafter enacted. The exact amount of this commitment will be established in an amendment to this grant that will be duly executed by the parties hereto when such compu- tation and obligation can be made in FY(s) 1984 and 1985. It is further understood by the parties hereto that this commitment does not in itself obligate , preclude nor restrict the FAA in the use of any funds made available for discretionary use under Section 507 of said Act to further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. 8. The attached new Part V Assurances (WP Revision dated April 1983) are hereby substituted in lieu of those in the Sponsor's Project Application dated September 10, 1982, and made a part hereof. The following special assurances are added toPar.t V Assurances attached to this Offer. "33. Cost Free Land. Pursuant to Paragraph 15 of Part V, Assurances, of the Application dated September 10, 1983, the sponsor hereby covenants and agrees to furnish the Federal Government without cost , a lease in and to the real property as described in those agreements listed in Exhibit "B" attached hereto and made a part hereof for existing FAA facilities, together with the right to connect to existing utilities and to utilize the utility services involved to the extent of available capacity at no more than prevailing rates . However, it is understood and agreed that the rights of the United States to cost free areas obtained under unexpired grant agreements with the sponsor are extended for twenty years from the date of this grant agreement. Furthermore, the responsibility for paying the cost of relocating any facilities located in such cost free areas shall he made in accordance with Advisory Circular 150/5300-78, FAA Policy on Facility Relocations Occasioned by Airport Improvement or Changes ." 411 S Page 4 of 4 pages 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 said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Improvement Act of 1982, constituting the 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 AVJATION ADMINISTRATION WESTERN PA.CIFIC REGI r' / -t- Acting Manager, San Francisco Airports. District Office Part II - Acce2taric.2 The Sponsor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms . and conditions thereof. Executed this day of , 19 . •CITY OF REDDING, CALIFORNIA (Name of Sponsor) By (SEAL) Title Attest: Title: CERTIFICATE OF SPONSOR'S ATTORN'E'Y I, , acting as Attorney for the Sponsor do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of California and the Act and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. • Dated at this day of , 19 Title FAA Form 5100-•37 Last PG (8-82) • t • EXHIBIT B Lease Agreements August 1983 Lease Agreements between the Federal Aviation Administration and the City of Redding, California: Date of Execution Contract No. Facility November 30, 1970 DOT-FA71WE-0968 Medium Intensity Approach Lights with Runway Alignment Indicator Light (MALSR) for Runway 34 December 27, 1971 DOT-FA72WE-1687 Glide Slope (GS) for Runway 34 December 27, 1971 DOT-FA72WE-1688 Localizer (LOC) for Runway 34 December 27, 1971 DOT-FA72WE-1689 Middle Marker (MN) for Runway 34 August 7, 1972 DOT-FA72WE-1668 Outer Marker (OM) for Runway 34 June 19, 1978 DOT-FA78WE-4781 Visual Approach Slope. Indicator (VAST) for Runway 16 June 19, 1978 DOT-FA78WE-4782 Runway End Identification Lights (REIL) for Runway 16 January 8, 1982 DTFA08-82--L-10316 Very High Frequency Omnidirectional Range (VOR) • • r► • PART V ASSURANCES These assurances are to be attached to and become a part of this grant agreement. • For airport development projects, these assurances shall remain in full force and effect throughout the useui life of the facilities developed under this Project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the project. However, these limitations on the duration of the covenants do not apply to the covenant, against exclusive rights and real property acquired with Federal funds. For planning projects, only assurances No. 1 (as marked) , 2, 3, 4, 16, 25, 26, 30, 31 , and 32 apply, unless otherwise specified in the grant agreement. The sponsor hereby assures and certifies , with respect to this grant that: 1. General Federal Requirements.: It will comply with the following laws, regulations, policies , guidelines and requirements as they relate to the application, acceptance .and use of Federal funds for this project : ' Federal Legislation a. Federal Aviation Act of 1958 b. Hatch Act * c. Federal • Fair Labor Standards Act * d. Davis-Bacon Act e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III * f. National Historic Preservation Act of 1966 - Section 106 9. Archeological and Historic Preservation Act of 1966 h. Flood Disaster Protection Act of 1973 - Section 102(a) i . Rehabilitation Act of 1973 - Section 504, Section 503 j . Civil Rights Act of 1964 - Title VI * k. Aviation Safety and Noise Abatement Act of 1979 * 1 . Age Discrimination Act of 1975 m. Architectural Barriers Act of 1968 n. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402 o. Airport and Airway Improvement Act of 1982* p. Powerplant and Industrial Fuel Use Act of 1978 - Section 403. q. Surface Transportation Assistance Act of 19A2 - Section 426. Federal Regulation a . 14 CFR Part 77 - Object Affecting Navigable Airspace. b. 14 CFR Part 150 - Airport Nisi sr Cor,ipat ilii l i ty Planning. * c . 14 FP Part ',2 - " i inrf ^ 1 ' P i •,r a': . d. 41 CFR Part 60 - Cifficr' of Ci,ilyr71 i( I;l..rnct. Compliance Program, ( QUa1 • • FAA. Form 5100- 100 ( -02 4.i,:, Pirvi ion 4-`x:3 2 Employment Opportunity, Department of Labor (Federal and Federally- assisted Contracting Requirements, Including those Relating to Disabled Veterans and Veterans of the Vietnam Era and Handicapped Workers) . e. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title IV of the Civil Right Act of 1964. * f. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs . * g. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance. Office of Management and Budget Circulars a. A-87 - Cost Principles for State and Local Governments.* b. A-95 - Evaluation , Review and Coordination of Federal and Federally Assisted Programs and Projects. * c. A-102 - Uniform Requirements for Assistance to State and Local Governments. * Executive Orders a. 11246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting . * b. 11288 - Prevention , Control and Abatement of Water Pollution. c. 11593 - Historic Preservation. d. 11926 - Evaluation of Flood Hazards. e. 12372 - Intergovernmental Review for Federal Programs.* Specific assurances required to be included in grant agreements by any of the above are incorporated by reference in this grant agreement. Items marked with (*) apply to both development and planning grants. 2. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies authorized by the State in which such airport is located to plan for the development of the area surrounding the airport and will contribute to the accomplisrcnent of the purposes of the Act. 3, Sponsor Fund Availahility. It has sufficient funds available for that portion of project costs which are hot to be paid by the United States and sufficient funds to as;:!re operation .and maintenance of the facility for the purposes constructed. • 4. Authority r•f ;.(^,•s'lr . it. has Igal authority to apply for the grant , and , tr pr t , : 1t '• t. i?'S ; that a resolution , lel) t l fi�lfl(_l'. iinlit�,Ut��.i�.,' t.. 1 ,•.. i. _�1Ji;_ _ .. motion , or smllar hotter has Peen 1111 adopted or passed as an official • act of the aHJ icdot ' s hoJy, dl!tnoriiing the filing of the FAA form 51f1b- 1(1O 1d1' keviOcn `.':3 • • 3 • applicatton, including all understandings and assurances contained therein, and directing 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. 5. Good Title to Airport. It holds good title, satisfactory to the Secretary, t—o ae landing area of the airport or site therefor, or will give assurance satisfactory to the Secretary that good title will be acquired. 6. Consideration of Local Interest. It has given fair consideration to the int rest of communities in or near which the project may be located. 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 the goals and objectives of such planning as has been carried out by the community and shall , when requested by the Secretary, submit a copy of the transcript to the Secretary. 8. 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 Protective 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. 9. Economic Nondiscrimination. It will make its airport available as an a airport for public use on fair and reasonable to nns and without unjust discrimination to all types, kinds , and classes of aeronautical uses including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant , or subtenant of another air carrier tenant.) shall be subject to such nondiscriminatory arid substantially comparable rates , fees, rentals, and other charges and such nondis- criminatory and substantially comparable rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such airport arid which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants , and combined passenger and cargo flights or all cargo flight , and such classification or status as tenant shall not be unreasonable withheld by any airport provided an air Carrl 'r aSSu.'tOS obi igat i cris substantially similar to those al rca-ty imposed on tenant air carriers , ani (r?) each fixed-base,t operator at any airport Shall ter. subject to the Ca: rates feet. , rentals , ant other charge dS are uni toren y appi ic;ir)le to dl i other fir. ! b) i'' ei ( rt, rr<, mai'.ing the sante or ii'lilar uses of smch a1 r'por-t utilizing the S'dune or simi '. a.r facilities,, and (C) each air carrier lrsln!l such airportstall Iidve the right to service i tsel f or to use any fixed-base operator that. i < autheri zed by the airport. FAA Form 5101)-100) (; £!2) Wi revision I1 -�5.? • III • 4 or permitted by the airport to serve any air carrier at such airport, and (D) that in any agreement, contract; 12ose or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport , the sponsor will insert and enforce provisions requiring the contractor-- ' (1) to furnish said services on an fair, equal , and not unjustly discriminatory basis to all users thereof, and (2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (E) That it will not exercise or grant any right or privilege which operates to prevent .any person, firm, or corporation operating aircraft on the airport foram performing any services on its own aircraft with its own employees (including , but not limited to maintenance and repair) that it may choose to perform, and (F) 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 contractors or concessionaires of the sponsor under these provisions. Provided, that the Sponsor may establish such fair, equal , and not unjustly discriminatory conditions to be met by all users of the airport. as• may be necessary for the safe and efficient operation of ' the airport ; and provided further, that 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. 10. Exclusive flights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: (1) it would be unreasonably costly, burdensome , or impractical for more than one fixed-based operator to provide such services, and (2) 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 is will ect , either ,1i rectly or indirectly, grant or per;li t. any person, 1 i rill or corporation the exclusive right at the airport , or at any ether a ! rport nt`4 find or cuiitrol ! ed by i t , to conduct any aert)nainLica' d('.tt :'it. t` !I ;. i !.... , not. 11i; .eo ',0 i'itlri.er pilot training , aircraft rental and ;i;!ht.ceeing, aerial photograph, crop , . f. dusting ,dusting , aerialaerialt c?!I'Jlri;iSlnil .:;r1(J ,ill"1't.'V.tt � , l (' carrier (!I,t_('lt.l:.:�11`_i , dlrcr�tt �, sales and services, sale of aviation petroleum product!:, whether or not FAA Form 510rJ-100 ('i-P?) WW1' • • 1111 • • t • 5 conducted in conjuction 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 the Airport and Airway Improvement Act. 11. Airport Operation and Maintenance. It will operate and maintain in a safe aria- serviceable condition and lhaccordance with the minimum standards as may he required or prescribed by the applicable Federal , State and local agencies for maintenance and operation, the airport and all facilities which are necessary to serve the aeronautical users of the airport other than facilities owned and controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes; provided, that nothing contained herein s'hall be construed to require that the airport he operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance; and provided further, that 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. In furtherance of this covenant, the sponsor will have in effect at all times, arrangements for -- a. operating the airport' s aeronautical facilities whenever required; b. promptly" Marking and lighting hazards resulting form airport conditions , including temporary conditions; and c. promptly notifying airmen of any •condition affecting aeronautical use of the airport. 12. Hazard Removal and Mitigation. It will adequately clear and protect the aerial-approaches to t TiTrport, by removing , lowering, relocating , marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 13. Compatible Land Use. It will take appropriate action , including the ado�thon of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 14. Use by Government Aircraft . U. will make available all of the facilities of t ?e airport .icvt loped Tit.h Federal financial assistance and all those usable for landing an,1 taLeof'' of a'it'crdit to the United States for use by yovernoent .7Ircraft in cc:!¢"ou with other aircraft at all times without charge, e cnpt. , : t the ; rcraft. 1 `, `:'r sterrtial charge may be made ter a reasonable share, proportional to such use, for the cost of operating aol i::ili (1tJ? 11? Ilt! rr.i:t '. c?A:1iit1C`.i eyed. Unless otherwise detemined by the Ser:retary, or otherwise agreed to by the sponsor and the FAn. for" -510)0-lQO (e-P2) UP hevi ._ i-+s1 /1 - 3 • 411 • 6 using. agency, substantial use of an airport by government aircraft will be considered to exist when operations of such aircraft are in excess of these 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 movments (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 movements of government aircraft multiplied by gross weights of . such aircraft) is in excess of five million pounds. 15. Land for Federal Facilities. It will furnish without cost to the Federal Government—for construction, operation and maitenance of facilities for, and uses in connection with, any air traffic control or air navigation activities , or weather-•reporting and communication activities related to air traffic controls, 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 at federal expense of space or facilities for such purposes. Such areas or any portion thereof will he made available as provided herein within four months after receipt of written requests from. the Secretary. ' 16. Standard Accounting Systems. It will keep all project acccounts and records in accordance with a standard system of accounting prescribed by the Secretary. 17. Fee and Rental Structure. It will maintaina fee and rental structure for h-6-11Tities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account such factors and the volume of traffic and economy of collection, except that no part of the Federal share of an airport development or airport planning project for which a grant is made under this title or under that Federal Airport Act or the Airport and Airway Development Act of 1970 shall he included in the rate base in establishing fees, rates, and charges for users of that .- airport. • 18. Reports and Inspections. It will submit to the Secretary such annual or • spa-Tara-TT-port financial and operations reports as the Secretary may reasonably request and will 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. 19. Airport Revenue. It will expend all revenues generated by the airport , if Tt .ts a publ icy airpnrt , for the capital or operating costs of the airport , the local airport system, or other local facilities which are owned or operated by the owner or operator of the airport and directly related to , FAA Form 5100-100 (8-81) WP Revision A-83 • • • • • 7 the actual transportation of passengers or property: Provided, however, that if covenants or assurances in debt obligations pre ously issued by the owner. or operator of the airport, or provisions, in governing statutes controlling the owner or operator' s financing, provide for the use of the revenues from any of the airport owner or operator' s facilities, including the airport, to support not only the airport but also the airport owner or Operator's general debt obligations or other facilities, then this limit- ation on the use of all other revenues generated by the airport shall not apply. • 20. Consultation with users. In making a decision to undertake any airport development project under this title, it shall under take reasonable consultations with affected parties using the airport at which the project is proposed. 21. Terminal Development Prerequisities. For projects which include terminal development, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under Section 612 of the Federal Aviation Act of 195 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 or deplaning form aircraft other than air carrier - aircraft. 22. Construction Inspection and Approval . It shall subject the construction worT on any pro e, ct for airport development contained in an approved project grant 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. 23. Minimum Wage Rates. It will include, in all contracts in excess of $2,000 for work _on prdJ cts for airport development approved under this title 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.0 276a--276a-5) , which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitiation for bids and shall he included in proposals or bids for the work. 24. Veterans Preference. It shall include, in all contracts for work under project-grants iur airport development 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 he, given to veterans of the Vietnam era and disabled verterans as defined in Section 515(c) ( 1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment related. 25. Audits and Recordkeepiny_Requirements. it shall keep such records as the Secretary may prescrfhc, inc1udtny records which fully disclose the amount FAA roan 5100-100 (D-S?) WP Pevision 4-E13 • III• i 8 and the disposition by the recipient of the proceeds of the grant, the total cost of the plan or program in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the plan or program supplied by other sources, and such other records as will facilitate an effective audit and 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 grants received under this title. The Secretary may require that an appropriate audit he conducted by the a recipient . 26. Audit Reports. 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 plan or program in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six months following the close of the fiscal year for which the audit was made. 27. Local Approval . In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project from the governing body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport. 28. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall , on the grounds of race, creed, color, national origin, sex,• age, or handicap be excluded from participating in any activity conducted with or benefitting from funds received froii this grant. 29. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite • areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons , terminal buildings, hangars and roads) , including all proposed extensions and reductions of existing airport facilities ; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements . thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall he 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 in any of its facilities other than in conformity with the airport layout out p': an as so approved by the Secretary if such changes or alterations riiebt adversely .affect the `,at('ty, utility, or efficiency of the airport. 30. Preserving Rirpnrt. Rights and Powers. It will not enter into any transaction which would operate to deprive it of any of the rights and FAA Forin.bl(iQ-1G0 (b-32) WP Revision 411 0 powers necessary to perfonn any or all of the assurances herein without the written approval of the Secretary, and will act tc acquire, extinguish or modify any outstandin,, 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. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the government holds bonds, whichever is the longer. The obligation to perform all such covenants may he assumed by another public agency found by the Secretary to he eligible under the Act to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the airport by any agency or person other than the sponsor or an employee of .the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Act, the regulations and these covenants. 31. Construction Accomplishment, It will execute the project in accordance wit17-ar�s , specifics T-66s , and schedules as approved by the Secretary, and incorporated herein, or with modifications similary approved, and will provide and maintain competent technical supervision at the construction site to assure that completed work conforms with the approved plans and specifications. 32. Planning Projects. In carrying out planning projects, that: a. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. b. It will include in all published material prepared in connection with the planning project, a notice that the material was prepared under a planning grant provided by the Secretary. c. 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. d. It will give the Secretary unrestricted .authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. e. 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. FAA Form 5100-100 (0-.82) WP Revision 1-83 • • 10 f. 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. g. It understands and agrees that the Secretary approval of this project grant or the Secretary approval of any planning material developed as part of this grant does not constitute or imply and assurance or committment on the part of the Secretary to approve any pending of future application for a Federal airport grant.