HomeMy WebLinkAboutBush Field Airport
Augusta Richmond GA
DOCUMENT NAME: fuSD Y\d6 I\\'(?J'(\-
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YEAR: ~l
BOX NUMBER: 03
FILE NUMBER: \ ~ I
NUMBER OF PAGES:
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GRANT AGREEMENT
U. S. Department
of Transportation
Federal AvlatJon
Administration
o ate of Offer:
Project Number
Contract Number
September 10, 1997
3-13-0011-17
DTFA06-97-A-80165
RECIPIENT: The City of Augusta {Herein called Sponsor}
Airport Bush Field Airport. '_.
OFFER
as more particularly described in the Project Application dated September 5, 1997.
The maximum obligation of the United States payable under this Offer shall be $1,100,320 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.
Special Condition
It is understood and agreed that no payment will be made on the gas line relocation until such
time as the Federal Aviation Administration makes. a determination regarding eligibility and it is
agreed that if a determination is made that the item is not eligible the as line relocation will be
deleted by a letter amendment .
Airports District Office
UNITED STATES OF AMERICA
FEDERAL A VIA TJON ADMINISTRATION
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CERTIFICATE OF SPONSOR'S ATTORNEY
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. acting as Attomey for the Sponsor do hereby 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 Sponso~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 said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
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June 2. 1997
U. S. Department
01 Transportation
Federal Aviation
Administration
'TERMS AND. CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
This document contains the tenns and conditions of accepting Airport Improvement Program (AlP) grmts from the federal Aviation
Administrauon (FAA) for tire purpose of carrying out the provisions of Title 49. United Stites Code. These terms and conditions become
applicable when the sponsor accepts a Grant Offer from the FAA that references this doament.. The tInDs and conditions may be
unilaterally amended by the FAA. by notification in writing. and such amendment will only apply to grmts aca!pted after notification.
L DEfiNITIONS
A. Sponsor. An agency that is legally, financiaUy. and otherwise able to assume and carry oat me C2rtifications. representations,
warranties, assurances. covenants and other obligations required in this document and in me accepted Grant Agreement.
8. Project. Work as identified in the Grant Agreement.
C. Primary Airport. a commercial service airport the Seaetary of Transportation ~es to have more than 10,000
passenger boardings each year.
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IL CERTIFICA nONS
Section 471 05(d). Title 49 of the United States Code authorizes the Secretary to require certification tram sponsors that they will
comply with statutory and administnltive requirements. The following list of certified items incfudes maF requirements for this aspect
of project implementation. However, the list is not comprehensive. nor does it relieve sponsurs from fuIr complying with all applicable
statutory and administrative standards. In accepting a grant the Sponsor certifies that ead! of the folowinv items wiD be complied with
in the performance of grant agreements. If a certification cannot be met for a specific project, the SpoDSIIl' mu.st fully explain in an
attachment to the project application.
A. Sponsor Certification for Selection of Consultants
General'procurement standards for consultant services within Federal grant programs are desaibed ia 49 CfR 18.36. Sponsors may use
other qualifications-based procedures provided they are equivalent to specific standards"in 49 CFR 18 aod Advisory Circular
15015100.14.
1. All advertisements will be placed to ensure fair and open competition from a wide area of iaterest..
2. For any and all contracts over $25,000. consultants wiD be selected using competitive pnac:edures based QG qualifications, experience,
and disadvantaged business enterprise requirements with me fee determined through negotiation.
3. An independent cost analysis will be performed. and a record of negotiations wiD be prepared reflec:tiov the considerations involved in
the establishment of fees for all engineering contracts with basic service fees exceeding $25.LDJ.
4. If any services are to be performed by sponsor force account personnel prior approval must be ob... from FAA.
5. All consultant services contracts wiD clearly estabrlSb the scope of work and delineate the divDioa of responsibilities between aU
..
with the dimensions shown on the project sketch/ALP. The coardinates will be in terms of the North American Datum of 1983.
I 1. All site elevations on Airport Layout Plan (ALP) revisions iIlId proposals for construction clearance will be within + H]'l foot
vertically and the vertical datum will be in terms of the Natioll1ll Geodetic Vertical Datum of 1929.
C. Sponsor Certification for Equipment/Construction Contracu
Standards for advertising and awarding equipment and constrUCtion contracts within Federal grant programs are described in 49 CFR
18,36. Sponsors may use their procurement procedures retJecIiuJ State and local laws or regulations provided procurements conform to
~pecific standards in 49 CFR 18 and Advisory Circulars 150/51~. 150/5100.15. and 150-5100-16.
1. A code or standard of conduct will be in effect governing the performance of the sponsor's officers, employees, or agents in soliciting
and awar~ing procurement contracts.
2. Qualified personnel will be engaged to perform contract admiDstration, engineering supervision. and construction inspection and
testing on all projects.
3. All procurement will be publicly advertised using the competitive sealed bid method of procurement. If procurement is less than
$100,000, project may use three (3) quote method.
4. All requests for bids will clearly and accurately describe all administrative and other requirements of the equipment and/or services to
be provided.
5. Concurrence will be obtained from FAA prior to contract award under any of the circumstances:
a. Only one qualified personlfirm submits a responsive bid,
b. The contract is to be awarded to other than the lowest responsive and responsible
bidder, \
c. Ufe cycle costing is a factor in selecting the lowest respoasive bidder.
d. Proposed contract prices are more than 10% over the spOllS4r's cost estimate.
6. All contracts eJceeding $100.000. require a bid guarantee of 5'. a performance bond of 100%. and a payment bond of 100%.
7. All contracts uceeding $100,000 will contain provisions or CllOditions specifying administrative. contractual and legal remedies.
including contract termination, for those-instances in which contractors violate or breach contract terms. They also will contain
provisions requiring compliance with applicable standards and retPrements issued under Section 306 of the Clean Air Act (42 USC
1857(h)). Section 508 of the Clean Water Act (33 USC 1368), Em:utive Order 11738. and environmental protection regulations (40 CFR
Part 15).
8. All construction contracts involving labor will contain provisillllS insuring that in the employment of labor preference will be given to
honorably discharged Vietnam era veterans and disabled veterans.
9. All construction contracts uceeding $2.000 will contain provisiGns requiring compliance with the Davis-Bacon Act and bid
solicitations will contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and
107 of the Contract Work Hours and Safety Standards Act (40 use 327.330) and the Copeland. Anti.Kick Back. Act will be included.
10. An construction contracts eJceeding $10,000 win contain appropriate clauses from 41 CFR part 60 for compliance with Equal
Employment Opportunity Encutive Order 11246.
11. All contracts and subcontracts will contain clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged
Business Enterprises.
12. AppTopriate checks wiD be made to as3Ure that contracts or mbcontracts are not awarded to those individuals or firms suspended.
debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified list.
D. Sponsor Certification for Real Property Acquisition
Requirements on real property acquisition and relocation assistance are in 49 CFR 24 and th:; ;;,~iform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (Uniform Act).
1. Good and sufficient title will be held on property in any and aU projects. The sponsor's attorney or other official will prepare and have
. on. tile title eVidence on the property.
2. If defects and/or encumbrances exist in the title which adversely impact the sponsor's intended use of property in the project. they
will be extinguished. modified. or subordinated.
3. If property for airport development will be leased. the term is for 20 years or the useful life of the project. The lessor is a public
agency and the lease contains no provisions which prevent full compliance with the grant agreement.
4. Property will be in conformance with the current Exhibit A (property map). The property map is based on deeds, title opinions, land
surveys. the approved airport layout plan. and project documentation.
5. For any and all acquisition of prop.etty interest in noise sensitive approach zones and related areu, property interest wiD be obtained
to ensure land is used for purposes compatible with noise leveb associated with operation of the airport.
6. For all acquisition of property interest in runway protection zones and areas related to FAR Part 77 surfaces, property interest will be
obtained for the right of flight, right of ingress and egress to -remove obstructions. right to make noise associated with airaah
operations. and to restrict the establishment of future obstructions.
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7. All appraisals will include valuation data to estimate the current market value for the property interest acquired on each parcel and
will be prepared by qualified real estate appraisers hired by the sponsor. An opportunity will be provided the property owner or their
representative to accompany appraisers during inspections.
8. All appraisals will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation. All
written appraisals and review appraisal will be available to FAA for review.
9. A written offer to acquire property will be presented to the property owner faT not less than the appToved amount of just
compensation.
10. Every effort will be made to acquire property through negotiation with no coercive action to induce agreement. If negotiation is
successful. project files will contain supporting documents for settlements.
11. If a negotiated settlement is not reached. condemnation wiD be initiated and a court deposit not less than the just compensation will
be made prior to possession of the property. Project files will contain supporting documents for awards.
12. If displacement of persons. businesses. farm operations. or nonprofit organizations is involved. a relocation assistance program will
be established. Displaced persons will receive general information in writing on the relocation program. notice of relocation eligibility,
and a 90 day notice to vacate.
13. Relocation assistance services. comparable replacement housing. and payment of necessary relocation expenses will be provided
within a reasonable time period for displaced occupant in accordance with the Uniform Act.
E. Sponsor Certification for Construction Project Final Acceptance
General requirements for final acceptance and dose-out of Federally funded construction projects are in 49 CFR 18.50. The sponsor
shall determine that project costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract
documents.
1. All personnel engaged in project administration, engineering supervi!ion. and con!truction inspection and t~ting will be determined to
be qualified and competent to perform the work.
2. All daily construction records win be kept by the r~ident engineer/construction inspector. Th~e records document work in progms.
quality and quantity of materials delivered, t~t locations and r~ults. instructions provided the contractor, weather, equipment use. labor
.requiremen~. safety problems. and chang~ required.
3. . All weekly pay roD records and !tatement! of compliance wiD be submitted by the prime contractor and reviewed by the sponsor for
Federal labor and civ11 rights requirements (Advi.my Circular 150/5100-6 and 150/5100.15).
4. All complaints regarding the mandated Federal provisions !et forth in the contract documents will be submitted to the Department of
Labor.
5. All t~ts specified in the plans and specifications will be performed and the t~t fl!!ults documented. A summary of t~t results will
be available to FAA.
6. For all t~t r~ults outside allowable toleranc~, appropriate corrective actions
will be taken.
7. All payments to the contractor wiD be made in compliance with contract provisions and verified by the sponsor's internal audit of
contract records kept by the r~ident engineer. If appropriate. aU pay reduction factors required by the specifications will be applied in
computing final payments and a !ummary of pay reductions wiD be available to FAA.
8. All projects will be accomplished without significant deviations. chang~, or modifications from the d~eloped plans and
specifications, eJlcept where approval will be obtained from FAA. .
9. All final project inspections will be conducted with repr~entatives of the sponsor and the contractor. Project fil~ will contain
documentation of the final inspection.
10. All work in the Grant Agreement will be physitally completed and corrective actions required as a r~ult of the final inspection will
be completed to the satisfaction of the construction contract and the sponsor.
11. As.built plans and an equipment inV1!f\tory.if applicable. will be maintained as sponsor records. If requ~ted. a revised airport layout
plan will be made available to FAA prior to start of development
12. All applicable close-out financial reports will be submitted to FAA within three (3) years of the date of grant.
F. Sponsor Certification for Seismic Design and Construction
49 CFR Part 41 sets forth the requirements in the d~ign and construction of the building{s) to be financed with the assistance of the
. Federal Aviation Administration. Comp6ance will be met by adhering to at least one of the following accepted standards:
a. Model cod~ 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:
(1) The 1991 International Conference of Building Officials UBCO) Uniform Building Code. published by the International
Conference of Building Officials, 5360 South Workman MiD Road. Whittier, California 90601.
(2) The 1992 Supplement to the Building Officials and Code Administration International (BOCAl National Building Code,
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published by the Building Officials and Code Administrators. 4051 West Aoumoor Road. Country Club Hills. Illinois 60478.5795.
(3) The 1992 Amendmenu to the Southern Building Code Congress (SBCCl Standard Building Code. published by the Southern
Building Code Congress International.SOO Montclair Road. Birmingham. Alabama 35213.1206.
L. ;;evisiOlls 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 requiremenu of 49 CFR Part 41.
c. State. county. local. or other jurisdictional building ordinances adopting and enforcing the model codes. listed above. in theiT
entirety. without sig~iticant revisio~ or changes in the direction of less seismic safety. meet the requirement of 49 CFR Part 41.
III. GENERAL CONIJrTIONS
A. The allowable costs of the project shall not include any cosU determined by the FAA to be ineligible for consideration under
the Title 49 U.S.C..
8. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the
provisions of such regu'atio~ and procedures as the Secretary shall prescribe. Final determination of the United States' share
will be based upon the tinaraudit of the total amount of allowable project costs. and settlement will be made for any upward
or downward adjustmenu to the Federal share of costs.
C. The Sponsor shaD carry out and complete the Project without undue delays and in accordance with the terms hereof. and such
regulations and procedures as the Secretary shall prescribe.
O. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its accePta~e by the Sponsor.
E. A grant offer wiD expire. and the United States shall not be oh6gated to pay any part of the casU of the project unless the
grant offer has been accepted by the Sponsor on or before 30 days after the grant offer but no later than September 30 of the
federal tiscal year the grant offer was made. or such subsequent date as may be prescribed in writing by the FAA.
F. The Sponsor shaD 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 maMer' in any project upon which Federal funds have been expended.
For the purposes of this grant agreement. the term 'Federal hmd3- means funds however used or disbuTsed 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 Sea-etary. upon request. an
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. An settlements or other tinal positions of the Sponsor. in court or
otherwise. involving the recovery of such Federal share shall be approved in advance by the Sea-etary. .
G. The United States shall not be respo~ible orfiable for damage to property or injury to perso~ which may arise from. or be
incident to. compfiance with a grant agreement.
H. If. during the life of the project, the FAA determines that a grant amount exceeds the expected needs of the Sponsor by $5.000
or five percent (5%), whichever is greater. a grant amount can be urulaterafly 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 a grant tD cover the amount of the overrun not to exceed the statutory fifteen (15%) percent limitation for
primary airports or either by not more than fiheen percent (15%) Df 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 win advise the Sponsor by letter of the increase. PlaMing projects wiD not be increased above the planning
portion of the maximum obligation of the United States shown in the grant agreement. Upon issuance of either of the
aforementioned letters. the maximum obligation of the United Statl!3 is adjusted to the amount specified. In addition, the
Sponsor's officially designated reprl!3entative, is authorized to request FAA concurrence in revising the project dl!3cription and
grant amount within statutory limitations. A letter from the FAA concurring in the said requl!3ted revision to the project work
descriPlion and grant amount $;Jiii. constitute an amendment to a Grant Agreement.
I. If requl!3ted by the Sponsor and authorized by the FAA, the fetter 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 actuaDy needed for its
disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this
provision '!lay cause the letter of credit to be revoked.
J. Unless otherwise approved by the FAA. it wiD not acquire or permit any contractor or subcontractor to acquire any steel or
manufactured pr~ducts 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 a grant agreement includl!3 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 shaD detail the
measurl!3 and procedurl!3 to be used to comply with the. quality control provisions of the construction contract.
including, but not1imited 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 '~ntract.
b. Names of testing laboratoril!3 and consulting engineer firms with quality control responsibilitil!3 on the
project, together with a description of the services to be provided.
c. Procedures for determining that testing laboratoril!3 meet the requirements of the America:! Society of
Testing Materials standards on laboratory evaluation, referenced in the contract specifications (03666. ClOn).
d. Qualifications of engineering supervision and construction inspection personnel.
e. A listing of all tests required by the contract specifications, including the type and frequency of tl!3ts to
be taken. the method of sampling. the applicable test standard, and the acceptance criteria or tolerances permitted
for each type of test.
I. Procedures for ensuring that the tests are taken in accordance with the program. that they are
documented daily, that the proper corrective actions. where necessary, are undenaken.
2. Submit at completion of the project. a final test and quality control report documenting the results of all tests
perlormed, highlighting those tl!3ts that failed or did not meet the applicable test standard. The report shall include
the pay reductions applied and reasons for accepting any out-of-tolerance material. An interim tl!3t and quality
control report shall be submitted, if requl!3ted by the FAA.
3. Failure to provide a complete report as described in paragraph 2. or failure to perform such tests, shall. absent
any compelling justification, result in a reduction in Federal participation for costs incurred in connection with
construction of the appficable pavement. Such reduction shall be at the discretion of the FAA and wiD be based on
the type or types of required tests not performed or not documented and will be commensurate with the proportion
of applicable pavement with respect to the total pavement constructed under the grant agreement.
4. The FAA, at its discretion. reservu the right to conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that sponsor tests results are inaccurate.
l. . For a project to replace or reconstruct pavement at the air ~Oi i, the sponsor shall implement an effective airport
pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor
shall use such program for the usefuJ fife of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the airport. As a minimwn. the program must conform with the provisions in the attached
outline entitled .Pavement Maintenance Management Program".
IV. ASSURANCES
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 01 a pubfic-use airport and the term .sponsor. includes both pubfic agency
sponsors and private sponsors.
3. Upon icceptance 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 ~y a Public Agency
Sponsor. The terms. conditions and assurances of the grant agreement shall remaia in full force and
effect throughout the useful fife of the facilities. developed or equipment acquired for an airport
development or noise compatibility program project. or throughout the useful fife of the project items
installed within a facifity under a noin compatibility program project. but in any event not to exceed
twenty (201 years from the date of acceptance of a grant offer of Federal funds for the project. However,
there shall be no fimit on the duration of the assurance against exclusive rights or the terw, 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. Airport Development or Noise CompatibUity Projects Undertaken by a Private Sponsor. The
preceding paragraph 1 also applies to a private sponsor except that the useful fife of project items
installed within a facility or the useful fife of the facif/ties developed or equipment acquired under an
airport development or noise compatibility program project shall be. no less than ten 11 0) 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 a.mJI'es and certifies. with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive
orders. policies. guidelines. and requin!rnents 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. Title 49. u.s.e.. subtitle VIL as amended.
b. Oavis.8acon Act - 40 U.S.C. 276(a), at seq.l
c. Federal Fair labor Standards Act. 29 U.S.C. 201. et seq.
d. Hatch Act - 5 U.s.C. 1501. etseq.2
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e. Uniform Relocation Assistance and Real Property Acqui.tition Policiu Act of
1970 litle 42 U.S.C. 4601. et seq. J 2
1. National Historic Pruervation Act of 1966 . Section 106 . 16 U.S.C. 470(f).t
g. Archeological and Historic Presl!fViltion Act of 1974 . 16 U.S.C. 469 through
469c.l
h.
Native Americans Grave Repatriation Act. 25 U.S.C. Section 3001. et seq.
Clean Air Act Pol. 90-148. as amended.
Coastal Zone Management Act, P.L 93.205. as amended.
Rood Disaster Protection Act of 1973. Section 100(a). 42 U.S.C. 4012a.l
litle 49 ,U.S.C.. Section 303, (fonneriy known as Section 4(01
Rehabilitation Act of 1973.29 U.s.C. 794.
Civil Rights Act of 1964. rltle VI. 42 U.S.C. 2000d through d4.
Age Discrimination Act of 1975.42 U.S.C. 6101.~.
American Indian Religious Freedom Act P.L 95-341. as amended.
Architectural Barriers Act of 1968 42 U.S.C. 4151, ~J
Powerplant and Industrial Fuel Use Act of 1978. Section 403. 2 U.S.C. 8373.1
Contract Work Hours and Safety Standards Act . 40 U.S.C. 327. et seq.l
Copeland Antikickback Act. 18 U.s.C. 874.1
National Environmental Policy Act of 1969.42 U.S.C. 4321. et seq.l
Wild and Scenic Rivers Act P.L 9()..542. as amended.
Single Audit Act of 1984.31 U.s.C. 7501. ~2
Drug-Free Workplace Act of 1988 .41 U.S.C. 702 through 706.
x.
Executtve Orders
Executive Order 11246 . Equal Employment Opportunity 1
Executive Order 11990. Protection of Wetlands
Executive Order 11998. RoodPlain Management
Executive Order 12372 . Intergovernmental Review of Federal Programs.
Executive Order 12699. Seismic Safety of Federal and Federally Auisted New Building
Construction 1
Executive Order 12898. Environmental Justice
Federal Regulations
a. 14 crn Part 13 . Investigative and Enforcement Proceduru.
b. 14 CFR Part 16. Aulu of Practice For FederaUy Assi.tted Airport Enforcement
Proceedings.
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14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 . Procedures for pr!detennination of wage rates. J
. 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
29 CFR Part 5 . labor standards provisions applicable to contracts covering federally financed
and assi.tted construction (also labor standards provisions applicable to
non construction contracts subject to the Contract Work Hours and Safety
Standards Actl.l
g. 41 CFR Part 60 . Office of FederaJ Contract Compliance Progranu. Equal
Employment Opportunity. Department of labor (Federal and federally assisted
contracting requirements I. 1
h. 49 crn Part 18. Uniform administrative requirements for grants and cooperative
agreements to state and local govemments.3
i. 49 CFR Part 20 . New rutrictions on lobbying.
j. 49 CFR Part 21 . Nondi.tcrimination in federally-assisted programs of the .
Department of Transportation. effectuation of litle VI of the Civil Rights Act of .
1964. .
k. 49 CFR Pan 23 . Participation by minority business enterprise in Department of
Transportation programs.
I. 49 CFR Part 24 . Uniform relocation asmtance and real property acquisition for
Federal and federally assisted programs. 1 2
m. 49 CFR Part 27 . Nondisaimination oa the basis of handicap in programs and
activities receiving or benefitting from Federal fmancial assistance. 1
n. 49 CFR Part 29 . Governmentwide debarment and suspension (non.procurement) and
governmentwide requirements for druv-free workplace (grants).
o. 49 CFR Part 30 . Denial of public worb contracts to suppliers of goods and services
of countries that deny procurement martet access to U.S. contractors.
p. 49 CFR Part 41 . Seismic safety of Federal and federally assisted or regulated new
building construction. 1
Office of Management and Budget Circular.
. a. A.87 . Cost Principles Applicable to Grants and Contracts with State and local
Governments.
b A.128 . Audits of State and local Governments.
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 OMS Circular A-87 contain requirements for State and local
Governments receiving Federal assistaace.. Any requirement levied upon State and
- lo~al Governments by this regulation aad circular shall also be applicable to private
sponsors receiving Federal assistance UDder TItle 49, United States Code.
Specific assuran.ces required to be included in grant agreeml!DtS by any of the above laws, regulations or
circulars are incorporated by reference in the grant agreemeat.
2. RespohsibiJity and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal wority to apply for the grant. and to
finance and carry out the proposed project; that a molution, motion or similar
action has been duly adopted or passed as an official act of th, applicant's
governing body authorizing the filing of the application. inc/udinlNlll understandings
and assurances contained therein. and directing and authorizing the person idemffied
as the official representative of the appticant to ad in connection with the
application and to provide $\Ich additional information as may be required.
b. Private Sponsor: It has legal authority tD apply for the grant and to finance and
carry out the proposed project and comply with aD terms, conditions. and
assurances of this grant agreement It shaJJ designate an official representative and
shall in writing cf!rect 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 additioual information as may be required.
Sponsor Fund Availability. It has sufficient funds avaUable for that portion of the project costs which are not to
be paid by the United States. It has sufficient funds available to assure operation and maintenance of items
funded under the grant agreement which it wiD own or control.
4. Good TItJB.
a. It holds good title. satisfactory to t'le Secretary, to the landing area of the airport or
site thereof, or wiD give assurance satistxtory to the Secretary that good title will
be acquired. "
'b. For noise compatibility program projects tD be carried out on the property of the
sponsor. it holds good title satisfactory to the Seaetary to that portion of the
property upon which Federal funds win be upended or win give assurance to the
Secretary that good title win be obtained.
5. Preserving Rights and Powers.
a. It will not take or pennit 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 promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a mannel acceptable to the Secretary.
b. It will not sell. lease. encumber, or otherwise transfer or dispose of any part of its
title or othel interesu in the property shown on Exhibit A to this appfication or, for a
noise compatibifity program project, that portion of the property upon which Fedelal
.funds have been expended. for the duration of the telms. 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, hi assume the
obligations of the grant agreem'ent and to have the power. authority, and flllancial
resources to carry out aH such obfigations. the sponsor shaH insert in the contr!lct or
document transferring or disposing of the sponsor's intelest, 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 are to be carried out by anothel
unit of local government or are on property owned by a unit of local government
othel than the sponsor. it wiD entel into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement shall obligate that
government 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 compatibility
program project. That agreement, and changes thereto must be satisfactory to the
Secretary. It wiD take steps to enforce this agreement against the local government
if there is substantial non-campliance with the terms of the agreement .
d. For noise compatibility program projecu to be carried out on privately owned
property, it wilt enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take st$:S to enforce this
agreement against the property owner whenever there is subst~nial nOJH:Ompliance
with the terms of the agretiment.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport wiD 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 airpo~ 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 wiD be operated
and maintained in accunfance Title 49. United States Code, the regulations and the
terms. conditions and assurances in the grant agreement and shall insure that such
arrangement also requires compfiance 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 Stats in which the project is
located to plan for the development of the 2m surrounding the airport. For noise compatibirrty program
projects. othei than land acquisition. to be carried out on property not owned by the airport and over
which property another agency has land use control or authority, the sponsor shaD obtain from each such
agency a written declaration that such agency supports that project and the project is reasonably
consistent with the agency's plans regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or
near where the project may be loeared.
8. Consultation with Users. In making a decision to undertake any airport development project IDlder Title
49, United States Code, it has undertaken reasonable consultations with aHected 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 aHorded the opportunity for public hearings for the purpose of considering the economic.
social. and environmental eHects 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 sudl hearings to the Secretary. Further, for such projects. it
has on its management board either voting reprl!S2l1tation 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.
1 D. . Air and Water Quality Stdndards. 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 IDeated. designed. constructed, and operated so u to
comply with applicable air and water quality staodards. In any cue where such standards have not been
approved and where applicable air and water quaity standards have been promulgated by the
Administrator of the Environmental Protection Agency. certification shaD be obtained from such
Administrator. Notice of certificatioo or refu$a/ ta certify shall be provided within sixty days after the
project application has been received by the Seaetily.
H. 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 hu implemented
an effective airport pavement maintenance-management program and it assures that it wiD 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 hu, 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 hu provided for access to the
passenger enplaning and deplaning area of such aport to passengers enplaning and deplaning from
aircraft other than air carrier aircraft
13. Accounting System. Audit. and Recordkeeping Requirements.
a. It shall keep aD project aCctlllllts and records which fully disclo~ the amount and
disposition by the recipient of the proceeds of the grant. the tota; cost of the project
in connection with which the 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. The accoun1S and records shall be kept in
accordance with an accountinQ system that will facilitate an effective audit in
accordanr.e with the Single Audit Act of 1984.
b. It shall make avaabJe to the Secretary and the Comptroller General of the United
States. or any of their duly authorized representatives, for the purpose of audit and
uamination. any books, docaments, papers, and records of the recipient that are
pertinent to the grant. The Secretary may require that an appropriate audit be
conducted by a recipient In any case in which an independent audit is made of the .
accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which the grant was given or used. it shall
file a certified copy of such audit with the ComptroOer General of the United States
not later than su: (6J months foBowing the close of the fIScal year for which the
audit was made.
14. Minimum Wage Rates. It shall include. in aU contracts in excess of $2.000 for work on any projects
funded under the grant agreement whicll involve labor. provisions establishing minimum rates of wages,
to be predetermined by the Sea-etar( of labor. in accordance with the Davis-Bacon Act. u amended 140
U.S.C. 276a.276a.5). which contractors shaD pay to skilled and unskilled labor, and such minimum rates
shaU be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. .It shall include in all contracts for work on any project funded under the grant
agreement which involve labor. such provisions as are necessary to iruure that, in the employment of
labor (except in executive; administrative, iIId sUPeMsory positionsl. preference shall be given to
Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States
Code. However. this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans. specifications.
and schedules approved by the Secretary. Such plans. specifications. and schedules shall be submitted to
the Secretary prior to commencemenl of site prepar;r':hll, construction. or other plirlormance under this
grant agreement. and. upon approval of the Secretary. "hall be incorporated into this grant agreement
Any modification to the approved plans. specifications. and schedules shall also be subject to approval of
the Secretary, and incorporated into the grant agreement
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision
at the construction site throughout the project to assure that the work conforms to the plans.
. specifications. and schedules approved by the Secretary for the projert It shall subject the construction
work on any project contained in an approved project application to inspection and approval by the
Secretary and such work shaD be in accordance with regulations and procedures prescribed by the
Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor
or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the United
States.
d. It will make such material available for examination by the public, and agrees that no
material prepared with funds under this project shall be subject to copyright in the
United States or any other countly. -\.
e. It will give the Secretary unrestricted authority to publish. disclose. distribute. and
otherwise use any of the material prepared in connection with this grant. .
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consullants and their subcontractors to do aD or any part of this project as
well as the right to alSapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the spo~or's
employees to do aU 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 commitmeat on the part of the Secretary to
approve any penamg 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 airpo.rt other than facilities owned or controlled by the United States. shall be
operated at aD 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 aD facilities thereon or connected
therewith. with due regard to climatic and flood conditions. Any proposal to
temporanly close the airport for nonaeronautical purposes must first be approved by
the Secretary.
In furtherance of this assurance. the sponsor will have in eHect arrangements fo~.
(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. ~ '1her. nothing herein
shall be construed a$ requiring the maintenance, repair, res\..; ation. or replacement
of any structure or facifity 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 wiD 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 wiD take appropriate action to assure that such terminal airspace
a is required to protect instrument and visual operations to the airport fincluding established minimum
flight altitudes I will be adequately cleared and protected by removing. lowering. relocating. marking, or
lighting or otherwise mitigating existino airport hazards and by preventing the establishment or creation
of future airport hazards.
21. Compatibla Land Use. It will take appropriate action. including the adoption of zoning laws. to the
extent reasonable. to restrict the use of land adjacent to or in the immediate vicinity of the airport to
activities and purposes compatible with normal airport operations. including landing and takeoH of
aircraft. In addition. if the project is for noise compatibifity program implementation. it will not cause or
permit any change in land use. within its jurisdiction. that will reduce its compatibifrty. with respect to
the airport, of the-noise compatibility program measures upon which Federal funds have been expended.
Economic NondisClimination.
. a. It will make its airport available as an airport for pubfic use on reasonable terms and
without unjust olScrimination. to any person. firm. or corporation to conduct or to
engage in any aeronautical activity for furnishing services to the public at the
airport.
b. In any agreement contract, lease. or other arrangement under ~ich 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
aU 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 OISCOunts. rebates. or other similar types of price reductions to
volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates. fees,
rentals. and other charges as are uniformly applicable to all other fixed-based
operators making the same or similar uses of such airport and utilizing the same or
similar facilities.
d. Each ait ~rrier using such airport shall have the right to service itself or to use any
fixed-based operator that is authorized or permitted by the airport to serve any air
carrier at such airport.
Each air carrier using such airport (whether as a tenant nontenant or subtenant of another air
carrier tenantlshaD be subject to such nondiscriminatory and substantially
comparable rules. regulations. conditions. rates. fees. rentals. and other charges
with respect to facilities directly and substantially related to providing air
transportation as are applicable to all such air carriers which make similar use of
such airport and utilize similar facilities. subject to reasonable classifications such
as tenants or nontenants and signatory carriers and nonsignatory carriers. .
Classification or status as tenant or signatory shall not be unreasonably withheld by
any airport provided an air carrier assumes obligations substantially similar to those
already imposed on air carriers in such classificatioa or status.
f. It will not exercise or grant any right or privilege wticb opentes to prevent any
person, firm, or corporation operating aircrah OD the airport from performing any
services on its own aircrah with its own employees (jnduding, but not limited to
maintenance. repair. and fueling) that it may choose tAl perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to
in this assurance. the services involved will be pnrvided on the same conditions as
would apply to the furnishing of such services by commercial aeronautical service
providers authorized by the sponsor under these provisions.
h. The sponsor may estabfish such reasonable. and IIOt unjustly discriminatory,
conditions to be met by aU users of the airport as IDIJ be nl!CeS$ary for the safe and
efficient operation of the airport.
i. The sponsor may prohibit or funit any given type, kind or class of aeronautical use of
the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civiJ aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the ai-pDrt by any person providing, or
intending to provide. aeronautical services to the public. For purposes of this paragraph. the providing of
the services at an airport by a single fixed-based operator shaU not be construed as an exclusive right if
both of the following apply:
It would be unreasonably costly. burdensome, or impractical fDl more than one fixed-based
operator to provide such services. and
If allowing more than one fixed.based operator to provide such services would require the
reduction of space leased purSuant to an existing agreement between stich single
tixed-based operator and such airport.
It further agre8$ that it wiD not. either directly or indirectly. grant or permit any person. firm. or
corporation. the exclusive right at the airport to conduct any aeronautical activities. including. but not
fimited to charter flights. pilot training, aircrah rental and sightseeing, am;., photoli~phy. crop dusting.
aerial advertising and surveying, air carrier operations, aircrah sales ami services. sale of aviation
petroleum products whether or not conducted in conjunction with other aeronautical activity. repair and
maintenance of aircraft, sale of aircrah parts. and any other activiti8$ wbidI because of their direct
relationship to the operation of aircrah can be regarded as an aeronautical activity. and that it will
terminate any exclusive right to conduct an aeronautical activity now uistino at such an a!rport before
the grant of any assistance under Title 49. United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facifjties and services at
the airport which wiD make the airport as self.sustaining as pouible under the c:ircunutances existing at
the particular airport, taking into account such factors sa the volume of traffic and economy of collection.
No part of the Federal share of an airport development. airport planning or noise compatibility project for
which a grant is made under Title 49. United States Cilde. the Airport and Airway Improvement Act of
1982. the Federal Airport Act or the Airport and Airway Development Act of 1970 shaU be included in the
rate basis in 8$tablishing fe8$. rates. and charg8$ for users of that airport.
Airport Revenues. ' .
All revenues generated by the airport and any local taxes on nation fuel established aher
December 30. 1987. wiD be expended by it for the capital or openting 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 cflreCtfy 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 Dr assurances in debt
obligations iuued before September 3. 1982. by the owner or operator of the airport, or
provisions enacted before September 3. 1982. in govemiDQ statutes controlling the .owner
or operator's financing. provide for the use of the revenues from any of the airport owner
or operator's faciliti8$. including the airport, to support not IIIIIy the airport but also the
airport owner or operator'3 general debt obligations or other facilities. then this limitation
on the use of aU revenues generated by the airport (and, in the case of a pub6c airport,
local taxes on aviation fuell shalJ not apply.
As part of the annual audit required under the Single Audit Act of 1984. the sponsor win direct
that the audit will review, and the resulting audit report wiD provide an opinion
concerning, the use of airport revenue and taxes in paragraph (al. and indicating whether
funlb paid or transferred to the owner or operator are paid or transferred in a maMer
consistent with Title 49. United States Code and any other applicable promion of law,
including any regulation promulgated by the Secretary or Administrator.
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:
. submit to the Secretary such annual or special financial and operations reports u the
Secretary may reasonably request and make such reports available to the public; make
available to the pubfic at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
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
for noise compatibifity program projects, make recorlb and documents relating to the project
and continued compliance with the terms. conditions. and cwurances of the grant
agreement including deeds. leues. agreements. regulations. and other instruments.
available for inspection by any duly authorized agent of the Secretary upon reasonable
request and
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 lis~ng in detail:
m 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 Cllmpensation received for promion of each such service and
property .
27. Use by Government AirClaft It wiD make available aD of the facilities of the airport devl'loped with
Federal financial assistance and all those usable for landing and takeoff of aircrah to the United States
for use by Government aircrah in common with other aircrah at aU times without charge, except if the
lISe by Government aircrah is substantial. charge may be made for a reasonable share, proportional to
such use. for the c031 of operating and maintaining the facilities used. Unless otherwiu determined by
the Secretary, or otherwise agreed to bV the sponsor and the using agency, substantial use of an airport .
by Government aircrah will be considered to exist when operations of such aircrah 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.
a. Five (S) or more Government aircrah are regularly based at the airport or on land
adjacent thereto; or
b. The total number of movements (counting each landing u a movement! of
Government aircrah is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircrah
.multiplied by gross weights of such aircrah) is in excas of fIVe million pOWlds.
28. land for Federal Facilitia. It wiU furnish without CDSt to the Federal.Govemment for use in
connection with any air traffic control or air navigation activities. or weather-reporting and
communication activities related to air traffic control. any areas of land or water. or estate therein. ~r
rights in buildings of the sponsor as the Secretary considers necessary or desirable for CllnstructiOn.
operation. and maintenance at Federal upense of space or facilities for such purposes. Such areas or
any portion thereof wiD be made available as provided herein within four months aher receipt of a written
request from the Secretary.
Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing III
boundaries of the airport and aU prop03ed additio/l$ thereto. together with the
bounda. ;oL~ of aD offsite areas owned or controlled by the spO/l$or for ailport
purposes and proposed additions thereto; (21 the lcication and nature of aD existing
and proposed airport faalities and structures (such as runways. taxiways. aprons.
terminal buildings. hangars and roads). including aU prop03ed extensiens and
reductio/l$ of existing airport facilities; and (31 the location of aU existing and
proposed nonaviatioo areas and of aD existing improvements thereon. Such airport
layout pla/l$ and eadI amendment. revision. or modification thereof. shaJI be subject
to the approval of 1be Secretary which approval shall be evidenced by the signature
of a duly authorized representative of the Secretary on the face of the airport ./ayout
plan. The SPO/l$llr wiD not make or permit any changes or alterations ill the airport
or any of iu facifrties which are not in cOnformity with the airport layout plan as
approved by the Seaetary and which might, in the opinion of the Secntary.
adversely affect the safety, utility or efficiency of the airport.
If a change or alteration in the airport or the facilities is made which the Secretary
determines adveru'y affects the safety. utility. or efficiency of any federally owned.
leased. or funded property 00 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 (1) eliminate such adverse effect in a maMer approved
by the Secretary; Dr (2) bear aD costs of relocating such property (or replacement
thereof) to I site acceptable to the Secretary and an costs of restoring such
property (or replacement thereof) to the level of safety, utility. efficiency, and C03t
of operation uisting before the unapproved change in the airport or its facilities.
Civil Rights. It wiD comply with such rules as are promulgated to assure that no p~on shaJl, on the
grounds of race. creed. color. national origin. sex. ave. or handicap be ucluded from pncipating in any
activity conducted with or benefiting from funds received from this grant. This assurance obligates the
sponsor for the period during which Federal financial assistance is extended to the program. utept 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 Sl=onsor or any
transferee for the longer of the funowing periods: (a) 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 (h) the period during which the sponsor retains ownership or possession
of the property.
Disposal of Land.
a.
. .
29.
30.
b.
b.
For land purchased uDder 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 thIS earliest practicable time. That portion of the proceeds of such
disposition which is proportionate to the United Statu' share of acquisition of such
land will. at the cfJ.Scntion of the Secretary. 11 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.
(1) For land purchased under a grant for airport development purposes (other than
noise compatlbilityL it wiD. when the land is no longer needed for airport purposes.
cflSpose 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 portioa of the proceeds of such disposition which is proportion~te to
the United States' share of the cost of acquisition of such land wil!. (al 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 (hI be paid to the Secretary for deposit in the Trust Fund if no
eligible project exists.
(21 land shall be considered to be needed for airport purposes under this assurance
if (al it may be needed for aeronautical purposes C1ncJuding runway protection zones)
or serve u noise buffer land, and It: ;~e 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 $\Ich use, and the land continues
to be used for that purpose, such use having commenced no later than December 15.
1989.
c. Disposition of such land under (a) or (b) 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.
Engineering and Design Services.. It wiD 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 u 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.
Foreign Merket.Restrictions. It will not aDow funds provided under this grant to be used to fund any project
which uses any product or service of a foreitn country during the period in which such foreign country is
listed by the United States Trade Representative u denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
Policies. Standards. and Specifications. It will cany out the project in aCCDrdance with p~cies. standards. and
specifications approved by the Secretary includiJ:lg but not limited to the advisory circUlars fISted in the
Current FAA Advisory Circulars for AlP projects. dated May 1. 1995 and included in this grant and in
accordance with applicable state policies. standards. and specifications approved by the Secretary.
Relocation and Real Property Acquisition. (1J It wiD be guided in acquiring real property. to the greatest utent
practicable under State law. by the land acquisition poficies in Subpart B of 49 CFR Part 24 and will pay
or reimburse property owners for necessary expenses as specified in Subpart B. (21 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 u required in Subpart 0 and E of 49 CFR Part
24. (3) It wiD make available within a reilSonable period of time prior to displacement .comparable
replacement dwelfmgs to:cflSplaced persons ill accordanct with Subpart E of 49 CFR Part 24.
Access By Intercity Buses. The airport owner or operator wiD 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 facilities for intercity buses or for other modes of transportation.
, .
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PA V:E...'1E..~ MAINTENANCE 2!ANA~ PROGRAM
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An effec=ive pavement maintenance management program is one that
details the procedures to be followed to assure that proper pave~~
. maintenance, both preventive and repair, is performed. An airpor:
sponsor may use any form of inspection program it deems appropr~a=:
The program must, as a minimum, include the following:
1. Pavement Inventory. The following must be depicted in. an
appropriate form and level of detail: .
Location of ali runways, . taxiways, and aprons
Dimensions
Type of pavement
Year of construction or most recent major rehabilitation
For compliance with the ~rport Improvement Program assurances,
pavem~nt~ ehat have been constructed, reconstructed, or repaired
Federal financial assistance shall be so depicted.
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2. Iz1spection Schedule"
&. Detai~ed ~ection. A detailed inspection must be perfo:=e=
at least once a year. If a history of recorded pavement deteriorac~=
is available, i. e. Pavement Condition Inde.~ (peI) survey as . set fc=::..
in Advisory Circular .150/5380-6, G~delines and Procedure~ for
Maintenance of Airport Pavements, the frequency of inspections may =!:
extended to ~ee years. .
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b. Drive-by I:nspecticn. . A' drive-by inspection must be per=,?==::s:
a minimum of once per month to detect unexpected ~ges in the
pavement condition. . .. .....
3 . Record Keeping. Complete !nformation on the findings of all .
detailed inspections ~d an. the. maintenance performed must be reccr~;=
and kept on fiXe for a minimum. of five years. The types of distress,
their locations, and .reme~ action, scheduled or performed, must be.
documented. The' minitflntD information to be recorded is listed below.
'inspection 'date .
location .
c. distress types :. .
d~ . maint~ce. scheduled or ~er;ormed
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a.
b.
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For drive-by inspections, the'date of'inspectiOn and. any mai.ntenaric~
performed must.be recorded. ." ~ . . .. .
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4 .'Znfo=zaticm It~t:risval. ..~ airPort' sp~zisor '.may use any ferm of
record keeping it 'deems appropriate, so long as' . the .information and
records produced by the pa~t survey can be retrieved to .pravide a
report ~o the .~ .a& may be ~quired.. '. _ .',::.' "-.;.'.
s. . Ref~enc~.' .'R~fer to -Advis'ory circUiar 150/5380-6, .Guidelines az:::
Procedures for Maintenance of Airport Pavements, .fi:Jr specific'
guidelines'.andprccedures. for ma.i.n~~~ning ai.J:pott. pavements- 'and
establishirig an ef;Eective QZa!ntenance Prc:'graID.. Sp7cific. types.. of'
distress; their probable causes, inspectj,on' gw.delJ.nes, ~d
'.recormnende~. methods. '~f. repair are .pre~ented. .