HomeMy WebLinkAboutAIRPORT IMPROVEMENT PROGRAN GRANTS TERMS AND CONDITIONS BUSH FIELD
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CRANT ACREEMENT
U. S. Department
of Transportation
Federal Aviation
Administration
Date of Offer:
Project Number:
Recipient:
Airport:
January 21, 2009
3-13-0011-032-2009
City of Augusta (Herein called Sponsors)
Augusta Regional Airport at Bush Field
OFFER
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United
States' share of ninety-five percent of the allowable costs incurred in accomplishing the project consisting of the following:
Rehabilitate Runway 17/35 (Design);
Remove Obstructions;
Expand Terminal Building (Reimbursement);
The maximum obligation of the United States payable under this Offer shall be $705,382 for airport development. This offer is made in accordance with
and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of this offer
shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Jutr/: ~
Manager Airports District Office
ACCEPTANCE
The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document 'Terms and Conditions
of Accepting Airport Improvemen ro am Grants" dated March 29, 2005.
Executed his 111 day
(Seal) I-f-:-r:.
City of AUQusta
Name of Sponsor
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Signature of Sponsor's esignated Official Representative
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'\'\.~~ ~~~~;~;'~ERTIFICA TE OF SPONSOR'S A HORNEY
ai~ \.U~JOhVl50Yl-' dng as Attom,y forth, Sponsor do h,reby certify
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Georgia. Further, I have
examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor
and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the said State and Title 49 U.S.C. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding
obligation of the Sponsor in accordan e with the terms thereof.
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Title
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. Date (Date must be on or later than execution date above)
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March 29, 2005
u. S. Department
of Transporlation
Federal Aviation
Administration
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT
PROGRAM GRANTS
This document contains the terms and conditions of accepting Airport Improvement Program (AlP) grants
from the Federal Aviation Administration (FAA) for the purpose of carrying ounhe 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 FAA may unilaterally amend the terms and
conditions 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 this grant Agreement.
C. Primary Airport-A commercial service airport the Secretary of Transportation determines to have
more than 10,000 passengers boarding each year.
D. "this grant" - In this document the term "this grant" refers to the applicable grant agreement or
grant agreements that incorporate(s) these Terms and Conditions as part of the grant agreement.
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 AlP. 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.
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.
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
March 29, 2005
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 clearly 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 of
100 percent;
b. Conditions specifying administrative, contractual, and legal remedies, including contract
termination, for those instances in which contractors violate or breach contact terms; and
c. Compliance with applicable standards and requirements issued under Section 306 of the
Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), and
Executive Order 11738.
7. All construction contracts contain (will contain) provisions for:
a. Compliance with the Copeland "Anti-Kick Back" Act; and
b. Preference given in the employment of labor (except in executive, administrative, and
supervisory positions) to honorably discharged Vietnam-era veterans and disabled
veterans.
8. All construction contracts exceeding $2,000 contain (will contain) the following provisions:
a. Compliance with the Davis-Bacon Act based on the current Federal wage rate
determination; and
b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330),
Sections 103 and 107.
9. All construction contracts exceeding $10,000 contain (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 Title VI of the 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 of Transportation (DOT) element and appearing on the
DOT Unified List.
D. Sponsor Certification for Real Property Acquisition. General requirements on real property
acquisition and relocation assistance are in Title 49, CFR, Part 24 and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act).
1 . The Sponsor's attorney or other official has (will have) good and sufficient title and title
evidence on property in the project.
2. If defects and/or encumbrances exist in the title that adversely impact the Sponsor's intended
use of property in the project, they have been (will be) extinguished, modified, or
subordinated.
3. If property for airport development is (will be) leased, the following conditions have been (will
be) met:
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.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
March 29, 2005
h. Safety problems
i. Changes required.
3. Weekly payroll records and statements of compliance were (will be) submitted by the prime
contractor and reviewed by the Sponsor for Federal labor and civil rights requirements
(Advisory Circulars 150/5100-6 and 150/5100-15).
4. Complaints regarding the mandated Federal provisions set forth in the contract documents
have been (will be) submitted to the FAA.
5. All tests specified in the plans and specifications were (will be) performed and the test results
documented as well as made available to the FAA.
6. For any test results outside of allowable tolerances, appropriate corrective actions were (will
be) taken.
7. Payments to the contractor were (will be) made in compliance with contract provisions as
follows:
a. Payments are verified by the Sponsor's internal audit of contract records kept by the
resident engineer; and
b. If appropriate, pay reduction factors required by the specifications are applied in
computing final payments; and a summary of pay reductions are made available to the
FAA.
8. The project was (will be) accomplished without significant deviations, changes, or
modifications from the approved plans and specifications, except where approval is obtained
from the FAA.
9. A final project inspection was (will be) conducted with representatives of the Sponsor and the
contractor, and project files contain (will contain) documentation of the final inspection.
10. Work in this grant agreement was (will be) physically completed, and corrective actions
required as a result of the final inspection are completed to the satisfaction of the Sponsor.
11. If applicable, the as-built plans, an equipment inventory, and a revised airport layout plan have
been (will be) submitted to the FAA.
12. Applicable close out financial reports have been (will be) submitted to the FAA.
F. Sponsor Certification for Seismic Design and Construction. 49 CFR Part 41 sets forth the
requirements in the design and construction of the building(s) to be financed with the assistance
of the FAA. Compliance will be met by adhering to at least one of the following accepted
standards:
1. Model codes found to provide a level of seismic safety substantially equivalent to that
provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP)
including:
a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code,
published by the International Conference of Building Officials, 5360 South Workman Mill
Road, Whittier, California 90601;
b. The 1992 Supplement to the Building Officials and' Code Administration International
(BOCA) National Building Code, published by the Building Officials and Code
Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795; and
c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard
Building Code, published by the Southern Building Code Congress International, 900
Montclair Road, Birmingham, Alabama 35213-1206.
2. Revisions to the model codes listed above that are substantially equivalent or exceed the then
current or immediately preceding edition of the NEHRP recommended provisions, as it is
updated, may be approved by the DOT Operating Administration to meet the requirements of
49 CFR Part 41.
3. State, county, local, or other jurisdictional building ordinances adopting and enforcing the
model codes, listed above, in their entirety, without significant revisions or changes in the
direction of less seismic safety, meet the requirement of 49 CFR Part 41.
G. Drug-Free Workplace. General requirements on the drug-free workplace within Federal grant
programs are described in Title 49, CFR, Part 29 and the Drug-Free Workplace Act of 1988.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
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F. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner in
any project upon which Federal funds have been expended. For the purposes of this grant
agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that
were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the
approval of the Secretary as to any determination of the amount of the Federal share of such
funds. It shall return the recovered Federal share, including funds recovered by settlement, order
or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and
records pertaining to the determination of the amount of the Federal share or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final
positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall
be approved in advance by the Secretary.
G. The United States shall not be responsible or liable for damage to property or injury to persons
that may arise from, or be incident to, compliance with this grant agreement.
H. If, during the life of the project, the FAA determines that this grant amount exceeds the expected
needs of the Sponsor by $5,000 or five percent (5%), whichever is greater, this grant amount can
be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the
exception of planning projects, if there is an overrun in the eligible project costs, FAA may
increase this grant to cover the amount of the overrun not to exceed the statutory fifteen ( 15%)
percent limitation for primary airports or either by not more than fifteen percent (15%) of the
original grant amount or by an amount not to exceed twenty-five percent (25%) of the total
increase in allowable project costs attributable to the acquisition of land or interests in land,
whichever is greater, based on current credible appraisals or a court award in a condemnation
proceeding for non-primary airports. FAA will advise the Sponsor by letter of the increase.
Planning projects will not be increased above the planning portion of the maximum obligation of
the United States shown in this grant agreement. Upon issuance of either of the aforementioned
letters, the maximum obligation of the United States is adjusted to the amount specified. In
addition, the Sponsor's officially designated representative, is authorized to request FAA
concurrence in revising the project description and grant amount within statutory limitations. A
letter from the FAA concurring in the said requested revision to the project work description and
grant amount shall constitute an amendment to this Grant Agreement.
I. If requested by the Sponsor and authorized by the FAA, the letter of credit method of payment
may be used. It is understood and agreed that the Sponsor agrees to request cash withdrawals
on the letter of credit only when actually needed for its disbursements and to timely reporting of
such disbursements as required. It is understood that failure to adhere to this provision may
cause the letter of credit to be revoked.
J. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States
to be used for any project for airport development or noise compatibility for which funds are
provided under this grant. The Sponsor will include in every contract a provision implementing
this condition.
K. If this grant agreement includes pavement work that equals or exceeds $250,000, the Sponsor
will perform the following:
1. Furnish a construction management program to FAA prior to the start of construction which
shall detail the measures and procedures to be used to comply with the quality control
provisions of the construction contract, including, but not limited to, all quality control
provisions and tests required by the Federal specifications. The program shall include as a
minimum:
a. The name of the person representing the Sponsor who has overall responsibility for
contract administration for the project and the authority to take necessary actions to
comply with the contract.
b. Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be provided.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
March 29, 2005
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; and
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.
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 maintenance program. Specific types of
distress, their probable causes, inspection guidelines, and recommended methods of repair
are presented.
M. Takeover Instrument Landing System and Associated Equipment In Project. If this grant
includes an instrument landing system and associated equipment and the FAA has agreed to
takeover the system and equipment, the Sponsor must check the facility prior to its
commissioning to assure it meets the operational standards. The Sponsor must also remove,
relocate, or lower each obstruction on the approach, or provide for the adequate lighting or.
marking of the obstruction if any aeronautical study conducted under FAR part 77 determines that
to be acceptable, and mark and light the runway, as appropriate.
N. Airport-Owned Visual or Electronic NAVAIDS In Project. If this grant includes a visual or
electronic navigational aid, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid funded under the AlP during the useful life of the equipment
and check the facility prior to its commissioning to assure it meets the operational standards. The
Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the
adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR
Part 77 determines that to be acceptable, and mark and light the runway, as appropriate. The
FAA will not take over the ownership, operation, or maintenance of any sponsor-acquired
equipment other than an AlP-funded instrument landing system and associated equipment where
FAA agrees to take over the system and equipment.
O. Non-AlP Work in Application. It is understood and agreed by and between the parties hereto
that notwithstanding the fact that a Project Application may include therein the construction of
work not included in this grant agreement project description, said work shall not be a part of this
project and, if or to the extent accomplished by the Sponsor, such accomplishment shall be
without any participation in the costs thereof by the United States under this project. It is further
understood and agreed that, in the event the work which is excluded from the project is
accomplished by the Sponsor, the Sponsor shall maintain as a portion of the cost records
covering this project, separable cost records pertaining to the above-identified work excluded from
Federal participation under this project, which records shall be made available for inspection and
audit by the FAA to the end that the cost of the excluded work may be definitely determined.
It is further understood and agreed that the Sponsor will submit a Program StatemenUcost
estimate depicting the excluded costs or a cost estimate depicting only those costs eligible for
Federal participation in this project.
P. Utility Relocation in Project. It is understood and agreed by and between the parties hereto that
the United States shall not participate in the cost of any utility relocation unless and until the
Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for
payment of such costs. FAA participation will be limited to those utilities located on private right-
of-way or utilities that exclusively serve the Airport.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
March 29, 2005
U. Update Approved Exhibit "A" For land In Project. It is understood and agreed by and
between the parties hereto that notwithstanding the fact that this grant offer is made and
accepted upon the basis of the current Exhibit "A" Property Map, the Sponsor hereby covenants
and agrees that upon completion of an AlP funded land acquisition project, it will update said
Exhibit "A" Property Map to standards satisfactory to the FAA and submit said documentation in
final form to the FAA. It is further mutually agreed that the reasonable cost of developing said
Exhibit "A" Property Map is an eligible administrative cost for participation within the scope of this
project.
V. Friction Measuring Devices. If this grant includes acquisition of friction measuring devices, the
Sponsor assures that it will properly calibrate, operate, and maintain the friction measuring
equipment in accordance with the manufacturer's guidelines and instructions and Advisory
Circular 150/5320-12. The friction measuring equipment and tow vehicle (if applicable) shall not
be used for any other purpose other than for conducting friction measuring tests on airport
pavement surfaces and directly related activities, such as training and calibration.
W. low Emission Systems. If this grant includes low emission systems work, the Sponsor agrees
to the following conditions under the Voluntary Airport Low Emission (VALE) program:
1. Vehicles and equipment purchased with assistance from this grant shall be maintained and
used for their useful life at the airport for which they were purchased. Moreover, any vehicles
or equipment replaced under this program shall not be transferred to another airport or
location within the same or any other nonattainment or maintenance area. No airport-owned
vehicles or equipment may be transferred to, taken to, or used at another airport without the
consent of the FAA in consultation with the United States Environmental Protection Agency
and State air quality agency.
2. All vehicles and equipment purchased with assistance from this grant shall be clearly labeled
using the VALE program emblem designed by the FAA.
3. The Sponsor shall maintain annual reporting records of all vehicles and equipment purchased
with assistance from this grant. These public records shall contain detailed information
involving individual vehicles and equipment, project expenditures, cost effectiveness, and
emission reductions.
The Sponsor certifies that it shall replace any disabled or seriously damaged vehicle or equipment
purchased with assistance from this grant, at any time during its useful life, with an equivalent
vehicle or unit that produces an equal or lower level of emissions. The Sponsor assumes all
financial responsibility for replacement costs. The Sponsor also certifies that it shall fulfill this
replacement obligation, beyond the useful life of the affected vehicle or equipment, for the
possible longer life of Airport Emission Reduction Credits that were granted to the Sponsor for this
vehicle or equipment.
IV. ASSURANCES
The following FAA document titled ASSURANCES Airport Sponsors, dated March 29, 2005, is
incorporated as part of these Terms and Conditions:
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the term
"Sponsor" includes both public agency sponsors and private sponsors.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
March 29, 2005
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq,z
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunit/
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction 1
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in
whole or part by loans or grants from the United States.1 .
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally
financed and assisted construction (also labor standards provisions applicable to non-
construction contracts subject to the Contract Work Hours and Safety Standards Act).1
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements ).1
h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements
to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and
federally assisted programs.1 2
m. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of
Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities
receiving or benefiting from Federal financial assistance.1
o. 49 CFR Part 29 - Government wide debarment and suspension (non procurement) and
government wide requirements for drug-free workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building
construction.1
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-133 - Audits of States, Local Governments, and Non-Profit Organizations
1. 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
Governments receiving Federal assistance. Any requirement levied upon State and Local
Governments by this regulation and circular shall also be applicable to private sponsors
receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in this grant agreement.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
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e. If the Sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure
that the airport will continue to function as a public-use airport in accordance with these
assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement also requires
compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the
time of submission of this application) of public agencies that are authorized by the State in which
the project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in
or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project
under Title 49, United States Code, it has undertaken reasonable consultations with affected
parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major
runway extension, it has afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the airport or runway location and
its consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of such
hearings to the Secretary. Further, for such projects, it has on its management board either voting
representation from the communities where the project is located or has advised the communities
that they have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project is
located to certify in writing to the Secretary that the project will be located, designed, constructed,
and operated so as to comply with applicable air and water quality standards. In any case where
such standards have not been approved and where applicable air and water quality standards
have been promulgated by the Administrator of the Environmental Protection Agency, certification
shall be obtained from such Administrator. Notice of certification or refusal to certify shall be
provided within sixty days after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,
for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has
implemented an effective airport pavement maintenance-management program and it assures
that it will use such program for the useful life of any pavement constructed, reconstructed or
repaired with Federal financial assistance at the airport. It will provide such reports on pavement
condition and pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a
public use airport, as defined in Title 49, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section 44706
of Title 49, United States Code, and all the security equipment required by rule or regulation, and
has provided for access to the passenger enplaning and deplaning area of such airport to
passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition
by the recipient of the proceeds of this grant, the total cost of the project in connection with
which this grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
March 29, 2005
g. It will grant the Secretary the right to disapprove the use of the Sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in
a safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance', the Sponsor will have in effect arrangements for-
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the Sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to the airport (including
established minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the
adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including landing and
takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will
not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility,
with respect to the airport, of the noise compatibility program measures upon which Federal funds
have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the Sponsor will insert
and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
March 29, 2005
Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and
charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
Provided, however, that if covenants or assurances in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or provisions enacted before
September 3, 1982, in governing statutes controlling the owner or operator's financing,
provide for the use of the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities, then this limitation on the use of all revenues
generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall
not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the Sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public; make
available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the. Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this grant agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
I. all amounts paid by the airport to any other unit of government and the purposes for which
each such payment was made; and
II. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed
with Federal financial assistance and all those usable for landing and takeoff of aircraft to the
United States for use by Government aircraft in common with other aircraft at all times without
charge, except, if the use by Government aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the Sponsor and
the using agency, substantial use of an airport by Government aircraft will be considered to exist
when operations of such aircraft are in excess of those which, in the opinion of the Secretary,
would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that -
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
March 29, 2005
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, including the purchase of nonresidential
buildings or property in the vicinity of residential buildings or property previously purchased by
the airport as part of a 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, (1) 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 (2) 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) it may
be needed for aeronautical purposes (including runway protection zones) or serve as noise
buffer land, and (2) the revenue from interim uses of such land contributes to the financial
self-sufficiency of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be needed for airport
purposes if the Secretary or Federal agency making such grant before December 31, 1987,
was notified by the operator or owner of the uses of such land, did not object to such use, and
the land continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for program
management, construction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, mapping or related services
with respect to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative Services Act of
1949 or an equivalent qualifications-based requirement prescribed for or by the Sponsor of the
airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund
any project which uses any product or service of a foreign country during the period in which such
foreign country is listed by the United States Trade Representative as denying fair and equitable
market opportunities for products and suppliers of the United States in procurement and
construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies,
standards, and specifications approved by the Secretary including but not limited to the advisory
circulars listed in the Current FAA Advisory Circulars for AlP projects, dated (the latest approved
version as of this grant offer) and included in this grant, and in accordance with applicable state
policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the
greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49
CFR Part 24 and will payor reimburse property owners for necessary expenses as specified in
Subpart B. (2) It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable
period of time prior to displacement, comparable replacement dwellings to displaced persons in
accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent
practicable, intercity buses or other modes of transportation to have access to the airport;
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