Federal Aviation Administration, DOT

Pt. 152, App. D

3. Sufficiency of funds. It will have sufficient funds available to meet the non-Federal share of the cost for construction
projects. Sufficient funds will be available
when construction is completed to assure effective operation and maintenance of the facility 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 application and approved plans and specification; 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 program(s) have been met.
5. Supervision, inspection, and reporting. It
will provide and maintain competent and
adequate architectural engineering supervision and inspection at the construction
site to insure that the completed work conforms with the approved plans and specifications; 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, papers, 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 Handicap in Federally Assisted Programs and Activities 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 responsible for conducting inspections to insure 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 notification 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 discrimination under any program or activity
for which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate
this agreement. If any real property or structure thereon is provided or improved with
the aid of Federal financial assistance extended 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 positions for a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly 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 requirements 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 provisions of the Hatch Act which limit the political activity of employees.
16. Federal Fair Labor Standards Act. It will
comply with the minimum wage and maximum hours provisions of the Federal Fair
Labor Standards Act, as they apply to hospital and eduational institution employees
of State and local governments.
17. Effective date and duration. These covenants shall become effective upon acceptance 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 covenants 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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