743 

Federal Aviation Administration, DOT 

Pt. 152, App. D 

3. 

Sufficiency of funds. 

It will have suffi-

cient funds available to meet the non-Fed-
eral share of the cost for construction 
projects. Sufficient funds will be available 
when construction is completed to assure ef-
fective operation and maintenance of the fa-
cility for the purposes constructed. 

4. 

Construction. 

It will obtain approval by 

the appropriate Federal agency of the final 
working drawings and specifications before 
the project is advertised or placed on the 
market for bidding; that it will construct the 
project, or cause it to be constructed, to 
final completion in accordance with the ap-
plication and approved plans and specifica-
tion; that it will submit to the appropriate 
Federal agency for prior approval changes 
that alter the costs of the project, use of 
space, or functional layout; that it will not 
enter into a construction contract(s) for the 
project or undertake other activities until 
the conditions of the construction grant pro-
gram(s) have been met. 

5. 

Supervision, inspection, and reporting. 

It 

will provide and maintain competent and 
adequate architectural engineering super-
vision and inspection at the construction 
site to insure that the completed work con-
forms with the approved plans and specifica-
tions; that it will furnish progress reports 
and such other information as the Federal 
grantor agency may require. 

6. 

Operation of facility. 

It will operate and 

maintain the facility in accordance with the 
minimum standards as may be required or 
prescribed by the applicable Federal, State 
and local agencies for the maintenance and 
operation of such facilities. 

7. 

Access to records. 

It will give the grantor 

agency and the Comptroller General through 
any authorized representative access to and 
the right to examine all records, books, pa-
pers, or documents related to the grant. 

8. 

Access for handicapped. 

It will require the 

facility to be designed to comply with part 
27, Nondiscrimination on the Basis of Handi-
cap in Federally Assisted Programs and Ac-
tivities Receiving or Benefiting from Federal 
Financial Assistance, of the Regulations of 
the Office of the Secretary of Transportation 
(49 CFR part 27). The applicant will be re-
sponsible for conducting inspections to in-
sure compliance with these specifications by 
the contractor. 

9. 

Commencement and completion. 

It will 

cause work on the project to be commenced 
within a reasonable time after receipt of no-
tification from the approving Federal agency 
that funds have been approved and that the 
project will be prosecuted to completion 
with reasonable diligence. 

10. 

Disposition of interest. 

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. 

11. 

Civil Rights. 

It will comply with Title VI 

of the Civil Rights Act of 1964 (Pub. L. 88–352) 
and in accordance with Title VI of that Act, 
no person in the United States shall, on the 
ground of race, color, or national origin, be 
excluded from participation in, be denied the 
benefits of, or be otherwise subjected to dis-
crimination under any program or activity 
for which the applicant receives Federal fi-
nancial assistance and will immediately 
take any measures necessary to effectuate 
this agreement. If any real property or struc-
ture thereon is provided or improved with 
the aid of Federal financial assistance ex-
tended to the Applicant, this assurance shall 
obligate the Applicant, or in the case of any 
transfer of such property, any transferee, for 
the period during which the real property or 
structure is used for a purpose for which the 
Federal financial assistance is extended or 
for another purpose involving the provision 
of similar services or benefits. 

12. 

Private gain. 

It will establish safeguards 

to prohibit employees from using their posi-
tions for a purpose that is or gives the ap-
pearance of being motivated by a desire for 
private gain for themselves or others, par-
ticularly those with whom they have family, 
business, or other ties. 

13. 

Relocation assistance. 

It will comply 

with the requirements of Title II and Title 
III of the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 
1970 (Pub. L. 91–646) which provides for fair 
and equitable treatment of persons displaced 
as a result of Federal and federally assisted 
programs. 

14. 

OMB Circular A–102. 

It will comply with 

all requirements imposed by the Federal 
grantor agency concerning special require-
ments of law, program requirements, and 
other administrative requirements approved 
in accordance with Office of Management 
and Budget Circular No. A–102. 

15. 

Hatch Act. 

It will comply with the pro-

visions of the Hatch Act which limit the po-
litical activity of employees. 

16. 

Federal Fair Labor Standards Act. 

It will 

comply with the minimum wage and max-
imum hours provisions of the Federal Fair 
Labor Standards Act, as they apply to hos-
pital and eduational institution employees 
of State and local governments. 

17. 

Effective date and duration. 

These cov-

enants shall become effective upon accept-
ance by the sponsor of an offer of Federal aid 
for the Project or any portion thereof, made 
by the FAA and shall constitute a part of the 
Grant Agreement thus formed. These cov-
enants shall remain in full force and effect 
throughout the useful 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 

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