Document Cortlandcountyny_doc_b9a875f4b1

U. S. Department of Transportation FederalAviation Administration SPONSOR: COUNTY OF MEW YORK AIRPORT: CORTLAND COUMTY AIRPORT. CORTLAND. NEW YORK MASTER AGREEMENT ON TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS This document contains the terms and conditions of accepting Airport lmprovement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted after notification. I. DEFINITIONS A. Sponsor - An agency that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required in this document and in the accepted Grant Agreement. B. Project - Work as identified in the Grant Agreement. C. Primary Airport - a commercial service airport the Secretary of Transportation determines to have more than 10,000 passenger boardings each year. II. CERTIFICATIONS Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the Sponsor that it will comply with statutory and administrative requirements in carrying out a project under the AIP. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting this grant, the Sponsor certifies that each of the following items was or will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the Sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants. General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), and Part 18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100- 14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations. Master Agreement (1/20/06) -1 - ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 3. A record of negotiations has been (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 (will be) obtained from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (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 (will be) included in consultant services contracts. 8. The cost-plus-percentageK>fKX>st methods of contracting prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referencedin this certification, the scope of work was (will be) specifically described in the advertisement; and future work will not be initiated beyond five years. B. Sponsor Certification for Project Plans and Speciflcations. AIP standards are generally described in Advisory Circulars 150/5100^6, Labor Requirements for the Airport lmprovement Program; 150/5100-15, Civil Rights Requirements for the Airport lmprovement Program; and 150/5100-16, Airport Grant Assurance One^3eneral Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports, as well as of equipment and facilities, is referenced in standard airport sponsor Grant Assurance 34 in this document. 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements; sd no deviation or modification to standards set forth in the advisory circulars, or State standard, is necessary other than those previously approved by theFAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least two manufacturers can meet the specifications?. 3. The development included (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 (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 (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the Federally approved environmental finding. 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (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 (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. C. Sponsor Certification for Equipment/Construction Contracts. General standards for equipment and construction contracts within Federal grant programs are described in T'rtle 49, CFR, Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150751QXM>, Labor Requirements forthe Airport lmprovement Program; 150/5100-15, Civil Rights Requirements for the Airport lmprovement Program; and 150/5100-16, Airport Grant Assurance Master Agreement (1/20/06) ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS One^3eneral Federal Requirements. Sponsors may use State and local procedures provided procurements conform to tiiese Federal standards. 1. A code or standard of conduct is (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 (will be) engaged to perform contract administration, engineering supervision, construction inspection, and testing. 3. The procurement was (will be) publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation dearly and accurately describes (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 (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. 6. All contracts exceeding $100,000 require (will require) the following provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of100percent; 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 (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 Vietnanvera veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain (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), Sections103and107. 9. All construction contracts exceeding $10,000 contain (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 (will contain) clauses required from Titie Vl ofthe Civil Rights Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any U.S. Department ofTransportation (DOT) element and appearing on the DOT Unified List. D. Sponsor Certiflcation for Real Property Acquisition. General requirements on real property acquisition and relocation assistance are in Trtle 49, CFR. Part 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Sponsor*s attomey or other official has (will have) good and sufficient titie and titie evidence on property in the project If defects anoVor encumbrances exist in the titie that adversely impact the Sponsor*s intended use of property in the project, they have been (will be) extinguished, modified, or subordinated. If property for airport development is (will be) leased, the following conditions have been (will be) met: Master Agreement (1/20/06) ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORTIMPROVEMENT PROGRAM GRANTS a. The term is for 20 years or the useful life of the project; b. The lessor is a public agency; and c. The lease contains no provisions that prevent full compliance with this grant agreement. Property in the project is (will be) in conformance with the current Exhibit property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was (will be) obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces, property interest was (will be) obtained for the following: a. Therightofflight; b. The right of ingress and egress to remove obstructions; and c. The right to restrict the establishment of future obstructions. Appraisals prepared by qualified real estate appraisers hired by the Sponsor include (will include) the following: a. Valuation data to estimate the current market value for the property interest acquired on each parcel; and b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections. Each appraisal has been (will be) reviewed by a qualified review appraiser to recommend an amount for the ofFer of just compensation, and the written appraisals and review appraisal are (will be) available to FAA for review. A written offer to acquire each parcel was (will be) presented to the property owner for not less than the approved amount ofjust compensation. Effort was (will be) made to acquire each property throughthe following negotiation procedures: a. No coercive action was (will be) taken to induce agreement; and b. Supporting documents for settlements are (will be) included in the project files. If a negotiated settiement is not reached, the following procedures were (will be) used: a. Condemnation was (will be) initiated and a court deposit not less than the just compensation was (will be) made prior to possession ofthe property; and b. Supporting documents for awards were (will be) included in the project files. If displacement of persons, businesses, farm operations, or non-profit organizations is involved, a relocation assistance program was (will be) established, with displaced parties receiving general information on the program in writing, including relocation eligibility, and a 906, Guidelines and Procedures for Maintenance ofAirport Pavements, the frequency of inspections may be extended for three years. b. Drive*y Inspection. A drive-by inspection must be performed a minimum of once per month to detect any unexpected chahges in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be kept on file for a minimum of flve 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. a. inspection date b. location c. distress types d. maintenance scheduled or performed , For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 4. 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 FAA as may be required. Master Agreement (1/20/06) 9 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRP9RT IMPROVEMENT PR9GRAM GRANTS 5. 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 pavement maintenance program. Specific types ofdistress, their probable causes, inspection guidelines, and recommended methods of repair are presented. Master Agreement (1/20/06) 10 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS QF ACCEPTING AIRPORTIMPROVEMENT PROGRAM GRANTS IV ASSURANCES (Dated 3/05) 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 Vll, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. * B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facllities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of theproject items installed within a facility under a noise oompatibHity 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 Exdusive 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. Alrport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1,2,3, 5,6,13,18,30,32,33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. lt 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. Trtle 49, U.S.C., subtitle Vll, as amended. b. Davis-Bacon Act - 40 U.S.C. 276(a), et seg.* c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. d. Hatch Act - 5 U.S.C. 1501, etseo.^ MasterAgreement(1/20/06) 11 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, etseaJ * f. Natlonal Historic Preservation Act of 1966 - Section 106 -16 U.S.C. 470(fy' g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469 through 469cJ 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 Protectlon Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49 Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title Vl - 42 U.S.C. 2000d through o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American lndian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 ^2 U.S.C. 4151, etsegJ r. Power plant and lndustrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.' L Copeland Antikickback Act -18 U.S.C. 874J u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321. et seq.i v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.z 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 - Protectlon of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - lntergovemmental Review qf Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building ConstructiorP Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - lnvestigative 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 StatesJ f. 29 CFR Part 5 - Labor standards provisions applicable to' contracts covering federally financed and assisted construction (also labor standards provisions applicable to non^onstruction 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 govemments.3 i. 49 CFR Part 20 - New restrictions on lobbying. Master Agreement (1/20/06) 12 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title Vl of the Civil Rights Act of1964. k. 49 CFR Part 23 - Particlpation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acqyisition for Federal and federallv assisted programsJ * m. 49 CFR Part 26 - Particlpation 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 - Govemment wide debarment and suspension (non- procurement) and govemment 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.' Offlce of Management and Budget Circulars a. A^J7 - Cost Prindples Applicable to Grants and Contracts with State and Local Govemments. b A-133 - Audits of States, Local Govemments, and Non-Profit Organizations * These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Govemments receiving Federal assistance. Any requirement levied upon State and Local Govemments 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 the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: lt has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicanfs goveming body authorizing the filing ofthe application, including all understandings and assurances contained therein, and directing and authorizing the person identifled 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: lt has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreemenL lt 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. Master Agreement (1/20/06) 13 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORTIMPROVEMENT PROGRAM GRANTS 3. Sponsor Fund Availability. lt has sufficlent funds available for that portion of the project costs which are not to be paid by the United States. lt has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. 6ood Title. a. lt, a public agency or the Federal govemment, holds good title, satisfactory to the Secretary, to the landing area ofthe airport or site thereof, orwill 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 Secretarythat good title will be obtained. 5. Preserving Rights and Powers. a. lt will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act to acquire, extinguish or modify any outstanding rights or daims of right of others which would interfere with such performanceby the sponsor. This shall be done in a manner acceptable to the Secretary. b. lt will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the 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 transfemng or disposing of the sponsor*s interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects, which areto be carried out by another unit of local govemment or are on property owned by a unit of local govemment other than the sponsor, it will enter into an agreement with that govemment. Except as otherwise specified by the Secretary, that agreement shall obligate that govemment to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibjIity program project. That agreement and changes thereto must be satisfactory to the Secretary. lt will take steps to enforce this agreement against the local govemment if there is substantial nonnx>mpliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, tt will enter into an agreement with the owner of that property which indudes provisionsspedfied by the Secretary. lt will take steps to enforce this agreement against the property owner whenever there is substantial nonn, 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 MasterAgreement(1/20/06) 21 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 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 eliminate such adverse effect in a manner approved by the Secretary; or 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 before the unapproved change in the airport or its facilities. 30. Civil Rights. lt 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 exduded from participating in any activity conducted with or benefiting from funds received from this granL 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 sponsoror any transferee for the longer of the following periods: 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 the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, induding the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of noise compatibility program.. 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, upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. c. Land shall be considered to be needed for airport purposes under this assurance if (1)K may be needed for aeronautical purposes (induding MasterAgreement(1/20/06) 22 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORTIMPROVEMENT PROGRAH GRANTS runway protection zones) or serve as noise buffer land, and the revenue from interim uses of such land contributes to the financlal self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31,1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31,1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15,1989. d. Disposition of such land under or 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. lt will award each contract, br sutxx>ntract forprogram 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 Administratlve Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. lt 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. Policles, Standards, and Specifications. lt will carry out the project in accordance with policies, standards, and specifications approved by the Secretary induding but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated July 1,1999 and induded in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisit!on. lt 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. lt 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 of49 CFR Part 24. lt 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 lntercity 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 facilitles 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 recipienfs DBE program. as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference MasterAgreement(1/20/06) 23 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORTIMPROVEMENT PROGRAM GRANTS in this agreement. lmplementation of this program is a legal obligation 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 define 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 the 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 request; 2. Provides an explanation as to why the request 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 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. CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updatedon: 7/l/2005 The following applv to both AIP and PFC Proiects NUMBER TITLE 70A7460-1J and Obstruction Marking and Lighting Change 1 150/5000-13 Announcement of Availability- RTCA lnc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5070-6A Airport Master Plans 150/5190-5 and Exclusive Rights and Minimum Change1 Standards for Commercial Aeronautical Activities 150/5200-28B Notices to Airmen (NOTAMS) for Airport Operators 150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications Master Agreement (1/20/06) 24 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 150/5210-13B 150/5210-14A 150/5210-15 150/5210-18 150/5210-19 150/5220^B 150/5220-10C 150/5220-13B 150/5220-16C 150/5220-17Aand Change 1 150/5220-18 150/5220-19 150/5220-20and Change 1 150/5220-21B 150/5220-22and Change 1 150/5300-13and Changes 1 through 8 150/5300-14and Changes 1 and 2 150/5320-5B 150/5320-6D and Changes 1 through 6 150/5320-12Cand Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for lnteractive Training of Airport Personnel Driver"s Enhanced Vision System (DEVS) Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification*for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition Sensor Specification Guide Automated Weather Observing Systems for NonFederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance ofAirport Snow and lce Control Equipment and Materials Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility lmpairments Engineering Materials Arresting Systems (EMAS) for Aircraft Overruns Airport Design Design ofAircraft Deicing Facilities Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and MasterAgreement (1/20/06) 25 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Changes 1 through 6 150/5320-14 150/5320-15and Change1 150/5325^Aand Change1 150/5335-5and Change1 150/5340-1J 150/5340-5Band Change1 150/5340-18D 150/5340-19 150/5345-3E 150/5345-5A 150/5345-7E 150/5345-10E 150/5345-12C 150/5345-13A 150/5345-26C 150/5345-27D 150/5345-28F 150/5345-39Band Change1 150/5345^2D 150/5345^3E Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes Management ofAirports lndustrial Waste Runway Length Requirements for Airport Design Standardized Method of Reporting Pavement Strength PCN Standards for Airport Markings Segmented Circle Airport Marker System Standards for Airport Sign Systems Taxiway Centertine Lighting System Specification for L821 Panels for Remote Control of Airport Lighting Circuit Selector Switch Specification for L824 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitors Specification for Airport and Heliport Beacon Specification for L841 Auxiliary RelayCabinet Assembly for Pilot Control of Airport Lighting Circuits Specification for L823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies PrecisionApproach Path lndicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Centerline RetroreflectiveMarkers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Master Agreement (1/20/06) 26 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 150/5345^4G 150/5345^5A 150/5345^6B 150/5345^7A 150/5345^9A 150/5345-50and Change1 150/5345-51 and Change1 150/5345-52 150/5345-53B 150/5345-54Aand Change1 150/45-55 150/5360-9 150/5360-11 150/5360-12D 150/5360-13and Change1 150/5370-2E 150/5370-10B 150/5380-6A 150/5390-2B 150/5390-3 150/5395-1 150/5200-30 150/5200-33 150/5300-15 Specification for Taxiway and Runway Signs Lightweight Approach Light Structure Specification for Runway and Taxiway Light Fixtures lsolation Transformers for Airport Lighting Systems Specification L854, Radio Control Equipment Specification for Portable Runway Lights Specification for Discharge-Type Flasher Equipment Generic Visual Glideslope lndicators (GVGI) Airport Lighting Equipment Certification Program Specification for L-1884 Power and Control Unitfor Land and Hold Short Lighted Visual Aid to lndicate Temporary Runway Closure Planning and Design of Airport Terminal Facilities at NonHub Locations Energy Conservation for Airports Buildings Airport Signing & Graphics Planning and Design Guidance for Alrport Terminal Facilities Operational Safety on Airports During Constructiqn Standards for Specifying Construction of Airports Guidelines and Procedures for Maintenance of Airport Pavements Heliport Design Vertiport Design Seaplanes Bases Airport Winter Safety Operations Hazardous Wildlife Attractants On or Near Airports Use of Value Engineering for Master Agreement (1/20/06) 27 ---PAGE BREAK--- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Engineering Design of Airport Grant Project 150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 1505370-12 Quality Control of Construction for Airport Grants 150/5370-6 Construction Progressand lnspection Report-Airport Grant Program The followinq applv to AIP Proiects onlv NUMBER TITLE 150/5100-14C 150/5100-15A 150/5100-17and Changes 1through 4 150/5190-5and Change1 150/5200-30A CHG 1 & 2 150/5200-33A 150/5300-15 150/5320-17 150/5360-11 150/5370-6B 150/5370-11A 150/5370-12 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Civil Rights Requirement For The Airport lmprovement Program Land Acquisition and Relocation Assistance for Airport lmprovement Program Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities Airport Winter Safety and Operations Hazardous Wildlife Attractants On or Near Airports Use of Value Engineering for Engineering Design of Airport Grant Projects Airfield Pavement Surface Evaluation and Rating (PASER) Manuals Energy Conservation for Airport Buildings Construction Progress and lnspection Report-Airport Grant Program Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects Master Agreement (1/20/06) 28 ---PAGE BREAK--- . f MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 150/5370-13 Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7 Pavement Management System 150/5380-8 Handbook For ldentiflcation of Alkali-silica Reactivity in Airfield Pavements ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in this Master Agreement as part of all Grant Agreements between the Sponsor and the Federal Aviation Administration as provided.-by Title 49 U.S.C. which are executed subsequent to the date of acceptance of this Master Agreement. Date: Namemtle: ft*mixI Signature: Sponsor: ti&*> Master Agreement (1/20/06) 29