HomeMy WebLinkAboutDaniel Field Airport
Augusta Richmond GA
DOCUMENT NAME: bo-.i\ \G-\ fi e-lo\ A', (90ft
DOCUMENT TYPE: f~<:< iYl e.i'\f .
YEAR: 0 'L
BOX NUMBER: 17
FILE NUMBER: I [~/~ l3
NUMBER OFP AGES: ?-Of
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GRANT AGREEMENT
u. S. Department
of Transportation
Federal Aviation
Administration
Date of Offer:
September 25, 2002
Project Number:
3-13-0012-08
RECIPIENT:
Airport:
City of Augusta (Herein called Sponsors)
Daniel Field Airport
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 percent of the allowable costs incurred in accomplishing the project consisting of the following:
Rehabilitate Intersection of Runway 5/23 and Runway 11/29
as more pa~icularly described in the Project Application dated September 12, 2002.
The maximum obligation of the United States payable under this Offer shall be $150,0000 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
J~ r/. ~
Manager Airports District Office
2
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 Improvement Program Grants" dated September 1 999.
Executed t is .j~ y 0
(Seal)
Signature of Sponsor's Designate
'-M bL
Title ~
Title
I,
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CERTIFICATE OF SPONSOR'S ATTORNEY
75 dl/
, acting as Attorney 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 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 he Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my
opinion that t said Gra Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
. ~L ~ Zoo 2-.
Date
I:
.....
~
September 1, 1999
U. S. Department
of Transportation
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 out the provisions of
Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts
a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally
amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted
after notification.
J. DEFINITIONS
A. Sponsor - An agency that is legally, financially, and otherwise able to assume and carry out the
certifications, representations, warranties, assurances, covenants and other obligations required in this
document and in the accepted Grant Agreement.
B. Project ~ Work as identified in the Grant Agreement.
C. Primary Airport - a commercial serVice airport the Secretary of Transportation determines to
have more than 10,000 passenger boardings each year.
II. CERTIFICATIONS
Section 47105(d), Title 49 of the United States Code authorizes the Secretary to require certification
from sponsors that they will comply with statutory and administrative requirements. 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.a grant, the Sponsor certifies that each of the following items 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. Saonsor Certification for Selection of Consultants, .
General procurement standards for consultant services within Federal grant programs are described in
49 CFR 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.
- .
1. All advertisements will be placed to ensure fairandropen competition from a wide area of interest.
2. For any and all contracts Over $25,000, consultants will be selected using competitive procedures
based on qualifications, experience,and disadvantaged business enterprise- requirements with the fee
determined through negotiation. .
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1. 1999
3. An independent cost analysis will be performed, and a record of negotiations will be prepared
reflecting the considerations involved in the establishment of fees for all engineering contracts with basic
service fees exceeding $100,000.
4. If any services are to be performed by sponsor force account personnel prior approval must be
obtained from FAA.
5. All consultant services contracts will. clearly establish the scope of work and delineate the division of
responsibilities between all parties engaged in carrying out elements of the project.
6., All costs associated with work ineligible for AlP funding will be clearly identified and ~eparated from
eligible items. .
7. All mandatory contract proviSions for grant-assisted contracts will be included in all consultant
services contracts.
8. If any contract is awarded without competition, pre-award review and approval will be obtained from
FAA.
9. Cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards will not be
used.
10. If services being procured cover more than a single grant project the scope of work will be
specifically described in the advertisement, and future work will not be initiated beyond five years.
B. Sponsor Certification for Proiect Plans and Specifications
General AlP standards are described in Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16.
A list of current advisory circulars with specific standards for design or construction of airports and
procurement or installation of airport equipment and facilities is referenced in Grant Assurance 34 (
1. All plans and specifications will be developed in accordance with all current applicable Federal
standards and requirements, or state standard specifications developed under a federal grant, and no
deviation from or modification to standards set forth in the advisory circulars will be allowed without prior
approval of the FAA. .
2. All equipment speCifications will rely on the national standards as contained in the Advisory Circulars,
without deviations, to the maximum extent possible. Specifications for the procurement of equipment for
which there is' no Federal specification or standard, will not be proprietary nor written to restrict
competition. If there is no national standard, or if the national standard provides for a choice to be made,
at least two manufacturers will assure that they can meet the specification. A deviation from'the national
standard will require FAA approval of the design standard modification. .
3. All development to be included in any plans is depicted on an airport layout plan approved by FAA.
4. All development which is ineligible for AlP funding will either be omitted from the plans and
specifications or costs associated with ineligible or AlP non-participating items will be separated and
noted as non-AlP work and deducted from AlP project reimbursement requests.
5. Process control and acceptance tests required for any and all projects by standards contained in
Advisory Circular 150/5370-10 will be in.cluded in the project specifications.
6. If a value engineering clause is incorporated into any contract, concurrence will be obtained from
FAA.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
,- September 1, 1999
7. All plans and specifications will incorporate applicable requirements and recommendations set forth in
the Federally-approved environmental finding. "
8. For all construction activities within or near aircraft operational areas, the applicable requirements
contained in Advisory Circular 150/5370-2. will be discussed with FAA and incorporated into the
specifications. A safety/phasing plan will be prepared, and prior FAA concurrence will be obtained.
9. All projectswill be physically completed without Federal participation in costs that are due to errors or
omissions in the plans and specifications which were foreseeable at the tim~. of project design.
10. All Airport Layout Plan (ALP) revisions and proposals for facility construction clearance will include
coordinates that are either surveyed or based on reference coordinates previously found acceptable to
FAA. The coordinates will be verified and found consistent with the dimensions shown on the project
sketch/ALP. The coordinates will be in terms of the North American Datum of 1983.
11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for construction clearance
will be within +/-0.1 foot vertically and the vertical datum will be in terms of the National Geodetic
Vertical Datum of 1929.
C. Sponsor Certification for Eauipment/Construction Contracts
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 reflecting
State and local laws or regulations provided procurements conform to specific standards in 49 CFR 18
and Advisory Circulars 150/5100-6, 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 awarding procurement contracts. .
2. Qualified personnel will be engaged to perform contract administration, 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 clear1y 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. Life cycle costing is a factor in selecting the lowest responsive bidder,
d. Proposed contract prices are more than 10% over the sponsor's cost estimate.
6. All contracts exceeding $100,000, require a bid guarantee of 5%,-a performance bond of 100%, and a
payment bond of 100%. .
7. All contracts exceeding $100,000 will contain provisions or conditions 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 requirements issued under Section 306 of the Clean Air Act'(42 USC 1857(h)), Section
508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection
regulations (40 CFR Part 15).
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1. 1999
8. All construction contracts involving labor will. contain provisions insuring that in the employment of
labor preference will be given to honorably discharged Vietnam era veterans and disabled vetera'ns.
9. All construction contracts exceeding $2,000 will contain provisions 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 USC 327-330) and the Copeland "Anti-Kick Back" Act will be included.
10. All construction contracts exceeding $10,000 will contain appropriate clauses from 41 CFR part 60
for compliance with Equal Employment Opportunity Executive 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. Appropriate checks 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 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 the Uniform
Relocation Assistance and Real Property A.cquisition Policies Act of 1970 (Uniform Act).
1. Good and sufficient title will be held on property in any and all projects. The sponsor's attorney or
other official will prepare and have on file 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.
I .
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 confonnance 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 property interest in noise sensitive approach zones and related areas,
property interest will be obtained to ensure land is used for purposes compatible with noise levels
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 aircraft operations, and to restrict the establishment of
future obstructions.
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 for not less than the
approved amount of ju~ compensation.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
"
, ,September 1, 1999
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 c.ontain supp~rting documents for settlements.
r . .' ~ . ;:~
11. If a negotiated settlement is not reached, condemnation will 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. Soonsor Certification for Construction Proiect Final Acceptance
General requirements for final acceptance and close-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 supervision, and construction inspection
and testing will be determined to be qualified and competent to perform the work.
2. All daily construction records will be. kept by the resident engineer/construction inspector. These
records document work in progress, quality and quantity of materials delivered, test locations and results,
instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and
changes required.
3. All weekly payroll records and statements of compliance will be submitted by the prime contractor and
reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circular 150/5100-6
and 150/5100-15). .
4. All complaints regarding the mandated Federal provisions set forth in the contract documents will be
submitted to the Department of Labor.' . ,
5. All tests specified in the plans and specifications will be performed and the test results documented.
A summary of test results will be available to FAA.
6. For all test results outside allowable tolerances, appropriate corrective actions
will be taken.
7. All payments to the contractor will be made in compliance with contract provisions and verified by the
sponsor's internal audit of contract records kept by the resident engineer. If appropriate, all pay
reduction factors required by the.specifications will be applied in computing final payments and a
summary of pay reductions will be available to FAA.
8. All projects will be accomplished without significant deviations, changes, or modifications from the
developed plans and specifications, except where approval will be obtained from FAA.
9. All final project inspections wiil be conducted with representatives of the sponsor and the contractor.
Project files will contain documentation of the final inspection. '
10. All work in the Grant Agreement will be physically completed and corrective actions required as a
result of the final inspection will be completed to the satisfaction of the construction contract and the
sponsor.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1, 1999
11. As-built plans and an equipment inventory, if applicable, will be maintained as' sponsor records. If
requested, 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 Desion 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 Federal Aviation Administration. Compliance will be met by adhering
) to at least one of the following accepted standards:
a. 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:
_ (1) The 1991 International Conference of Building Officials (IBCO) Uniform Building Code,
published by the International Conference of Bliilding Officials, 5360 South Workman Mill Road,
Whittier, California 90601. '.
(2) 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.
(3) The 1992 Amendments to tile Southern Building Code Congress (SBCC) Standard Building
Code, published by the Southern Building Code Congress International, 900 Montclair Road,
Birmingham, Alabama 35213-1206.
b. 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.
c. 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.
III. GENERAL CONDITIONS
A. The allowable costs of the project shall not include any costs determined by th~ FAA to be
ineligible for consideration under the Title 49 U.S.C..
B. Payment of the United States' share of the allowable project costs will be made pursuant to and
in accordance with. the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States' share will be based upon the final audit of
the total amount of allowable project costs, and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
C. The Sponsor shall carry out and complete the Project without undue delays and in accordance
with the terms hereof,. and such reg.ulations and procedures as the Secretary shall prescribe.
D. The FAA reserves the right to amend or withdraw a grant offer at any. time prior to its acceptance
by the Sponsor.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
~eptember 1, 1999
..
E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs
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 fiscal year the grant offer was
made, or such subsequent dat~ as may be prescribed in writi~9 by the FAA.
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 tenn "Federal funds" means funds however used or disbursed by the Sponsor
that were originally paid pursualJt to this or any other Federal grant agreement. It shall obtain the
approval of the Secretary as to any detennination 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 detennination 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 nolbe responsible or liable for damage to property or injury to persons
which may arise from, or be inci~ent to, compliance with a grant' agreement.
H. If, during the life of the project, the FAA detennines 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 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 a 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 curtent 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 the 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 re\iising 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 a 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 r~quest cash withdrawals
on the letter of credit only when actually neeqed 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 pennit any contractor or
subcontractor to acquire any ste~1 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 a grant agreement includes pavement work that equals or exceeds $250,000, the
sponsor will perfonn 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
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1. 1999
'.
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.
c. Procedures for determining that testing laboratories meet the requirements of
the American Society of Testing Materials standards on laboratory evaluation,
referenced in the contract specifications (03666, C1077).
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 tests to be taken, the method of sampling, the applicable test standard, and
the acceptance criteria or tolerances permitted for each type of test.
f. 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
undertaken.
2.. Submit at completion of the project, a final test and quality control report
documenting the results of all tests perfonned, highlighting those tests 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 test and
quality control report shall be submitted, if requested 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 applicable
pavement. Such reduction shall be at the discretion of the FAA and will be based on the
type or types of required tests not perfonned or not docum~nted 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, reserves the right to conduct independent tests a~d 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 airport, 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 useful life of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the airport. As a minimum, the program must conform with the
provisions in the attached outline entitled "Pavement Maintenance Management
Program.""
IV. ASSURANCES
A. General.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
~eptember 1, 1999
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 proje.ct application by sponsors
requesting funds underth~tprovisions of TitJe 49, U.S.G.,,~ubtitJe 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.
3. Upon acceptance.of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement. .
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall
remain in full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program project, or .
throughout the useful life of the project items installed within. a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from the date
of acceptance of a grant offer of Federal funds for the project. However, there shall be no
limit on the duration of the asSurances regarding Exclusive Rights and Airport Revenue so
long as the airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful
life of project items installed within. a facility or the useful life of the facilities developed or
equipment acquired under an airport development or noise compatibility program project
shall be no less than ten (10) years from the date of acceptance of Federal aid for the
project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall
remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines,and'requirements as they relate to the application,
acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et sea.!
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.
d. Hatch Act ~ 5 U.S.C. 1501, et sea.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
. ' , '12 ' ,
Title 42 U.S.C. 4601, et sea. - . '
f. National Historic Preservation Act bf 1966 - Section 106.16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. S.ection 3001, et sea.
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TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
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September 1. 1999
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended. '
k. Flood Disaster Protection Act of 1973- Section 102(a) - 42 U.S.C. 4012a.1
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S;C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
p. American Indian Religious' Freedom Act, P.L. 95-341', as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, etsea.1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.1
1. Copeland Antikickback Act - 18 U.S.C. 874. 1 .
u. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
v. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2
w. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity 1
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 -'Inve,stigative 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, Equ~1
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).1
h. 49 CFR Part 18 - Unifo'rm adminiStrative re~uirements for grants and cooperative
agreements to state and local' governments. .
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. 12
m. 49 CFR Part 26 ~ Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs. .
n. 49 ~FR Part 27 - Nondiscrimination on the basis of handicap in proprams and
activities receiving or benefitting from Federal financial assistance. ,
10
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
,September 1, 1999
o. 49 CFR Part 29 - Governrnent wide debarment and suspen'sion (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.
';'~'. .~ _ . ,,', - "1.{,t
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 pianning 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 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 the grant agreement
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance
and carry out the proposed project; that a resolution, motion or similar action has
been duly adopted or p~Ssed as an official act of the applicant's governing body
authorizing the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to
provide such additional information as may be requi~ed.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and
carry out the proposed project and comply with all terms, conditions, and assurances
of this grant agreement. It shall designate an official representative and shall in
writing direct and authorize that person to file this application, including all
understandings and assurances contained therein; to act in connection with this
application; and to provide sl!.ch additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available 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 will own or
control.
4. Good Title. .
a. It, a public agency or the Federal government, holds good title. satisfactory to the
Secretary, 'to the landing area of the airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquire~:L
b. For noise compatibility program projects to be carried out on the property of the
sponsor, it holds good title satisfactory to the Secretary to that portion of the property
11
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1, 1999
upon which Federal funds will be expended or will give assurance to the Secretary
that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the
nghts 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 manner acceptable to the S~cretary. .'
b.lt will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title
or other interests in the property shown on Exhibit A to this application or, for a noise
compatibility program project, that portion of the 'property upon which Federal funds
have been expended, for the duration of the terms, conditions, and assurances in the
grant agreement without approval by the Secretary. If the transferee is found bY,the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of the grant agreement and to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's intereSt, and make binding upon .
the transferee all of the terms, conditions, and assurances contained in this grant
agreement.
c. For all noise compatibility program projects which are to be carried out by another
unit of local govemm~nt or are on property owned by a unit of local government
other than the sponsor, it will enter 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 will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-compliance
with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the S~cretary 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 t~e 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 the grant agreement and shall insure that such
arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistenfwith 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.
12
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1, 1999
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, Uni~ed States Code, it has undertaken reasonable consultations with
affected parties using the';~irPbrt at which project is prdpb~ed. .
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 publie 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 Standard~. In projects involving airport location, a major runway ..
extension, or runway location it will provide for the GQvemor. 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
c~rtification 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 re~6nstruction 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. Tenninal 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 the grant, the total 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 accounts and records shall be kept in
accordance with an accounting system that will facilitate an effective audit in
accordance with the Single Audit Act of 1984. .
b. It shall make available to-the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit and
13
..
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1, 1999
examination, any books, documents, 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 Comptroller General of the United States not
later than six (6) months fOllowing the close of the fiscal year for which the audit was
made. .
14. Minimum Wage Rates. It shall include, in all contracts in excesS of $2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall 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 insure that, in
the employment of labor (except in executive, administrative, and'supervisory positions), .
preference shall be given to Veterans of the Vietnam era and disabled veteran 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. Confonnity 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 commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall 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 project. 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 shall 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 plannil)g 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 inclu.de 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 country.
14
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
~,
, September 1. 1999
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the matenal prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants, and their subcontractors to'dofall or any part of this project as
well as the right to disapprove the proposed scope al1d cost of professional services.
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 agre~sthat 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 mainta'in noise compatibility program items that it owns or
controls upon which Federal funds have been expended.,
20. Hazard Removal and Mitigation. It will take approp~ate 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 extel)t reasonable, including the
adoption of zoning laws, to restiictthe use of land adjacent to or in the immedi~te vicinity of
the airport to activities and purposes comp'atible 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 .
15
TERMS AND CONDITION~ OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1, 1999
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 corporatiqn 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- j
(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.
'-
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 air carrier 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 sucb airport.
~
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of
another air carrier tenant) shall 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 classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airpqrt from performing any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to 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 provided on the same conditions as
would apply to the furnishing of such services by commercial aeronautical service
providers a~thorized by the sponsor under these provisions. .
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe and
efficient operation of the airport.
16
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1, 1999 .
i. The sponsor may prohibit or limit 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 civil aviation needs of the public.
23. Exclusive Rights. It will p.~rr:Dit no exclusive right for t~e\use of the airport by any person
providing, or intending to ~roVide, aeronautical servicestolhe public. For purposes of this
paragraph, the providing of the services at an airport by a Single. fixed-based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-
based operator to provide such services, and
b. 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
such single fixed~based operator and such airport. .
It further agrees that it will not, either direqtly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft
sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24.. Fee and Renta" Structure. Itwill maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the
volume of traffic and economy of collection. No part of the Federal share of an airport
development, airport planning. qr noise compatibility project for which a grant is made under
Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the Airport and Airway 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 au~m will review, and the resulting audif 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
17
,
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1, 1999
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
.budgetin 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 cOlTlpliance with the terms, conditions, and assurances of the
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 existwhen operations of such aircraft are in excess of those
which, in the opinion of the Secretary, wOlJld unduly interfere with use of the landing areas by
other authorized aircraft, or during any calendar month that-
a. Five (5) or more Government aircraft are regularly based at the airport or on land
adjacent thereto;. or .
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of qovemment aircraft
multiplied by gross weights of such aircraft) is in excess of five million.pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government 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, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or
18
! '
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
.September 1, 1999
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein wit~in four months_after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date. at all times a'n airport layou\:plan of the airport showing (1)
boundaries of the"airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and nature of all existing
and proposed airport facilities and structures (such as runways, taxiways, aprons,
terminal buildings, hangars and roads), including all proposed extensions and
reductions of existing airp'ortfacilities; and (3) the location of all existing and
proposed nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall be subject
to the approval of the Secretary which approval shall be evidenced by the signature
of a duly authori?:ed representative of the Secretary on the face of the airport layout
plan. The sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as .'
approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility, or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety; utility, or efficiency of any federally owned,
leased, or funded property on or off the airport and which is not in conformity with
the airport layout plan. as-approved 'by the Secretary, the owner or operator will, if
requested, by the Secretary (1) eliminate such adverse effect in a manner approved
by the Secretary; or:(2) bear all costs of relocating such property (or replacement
thereof) to a site acceptable to the Secretary and all costs of restoring such property
(or replacement thereof).to the level of safety,utility, efficiency, and cost of
operation existing before the unapproved change'in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded
from participating 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, except where Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures
or improvements thereon in which case the assurance obligates the sponsor or any
tran'sferee for the longer of the following periods: (a) the period during which the property is
used for a purpose for which Federal financial assistal)ce is extended, or for another purpose
involving the provision of similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession C?f the property. ~
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will
dispose of the land, when the land .is no longer needed for such purposes, at fair
market value, at the earliest practicable time. That portion of the proceeds of such
disposition which is proportionate to the United States' share of acquisition of such
land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in
the Trust Fund, or 2) be reinvested in an approved noise compatibility project as
prescribed by the Secretary. .
b. (1) For land purchased under a grant for airport development purposes (other t~an
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
19
TERMS AND GONDlTlO~S OF AG~EPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
September 1, 1999
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, (a) 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 (b) be paid to the Secretary for depositin the Trust Fund if no
eligible project exists.
(2) Land shall be cE>nsidered to be ne~ded for airport purposes under this assurance
if (a) it may be needed for aeronautical purposes (including runway protection zones)
or serve as noise buffer land, and (b) the revenue from interim uses of such land
contributes to the financial self-sufficiency of the airport. Furth~r, 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.
c. Disposition of such land under (a) or (b) will be subject to' the retention or reservaUon
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, mappin'g 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 Circul.ars for AlP projects, dated
July 1,1999 and includecl 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 ~easonable period of time prior to displacement, comparable replacement
dwellings ~o 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
20
.. . ~.j
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
$eptember 1, 1999
airPort, however, it has no oblig,ation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT-assisted
contract or in the administrati.on of its DBEprogram orthe:r.equirements of 49 CFR Part 26.
The Recipient shall take alinecessal)' and reasonable steps under 49 CFR Part 26 to ensure
non discrimination in the award and administration of DOT-assisted contracts. The recipient's
DBE program, as required by 49 CFR Part 26, and as approved py DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure
to carl)' out its.terms shall be treated as a violation of this agreement. Upon notification to
the recipient of its failure to carry out its approved program, the Department may impose
sanctions as' provided for under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or.the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801).
"
21
, .
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1/99
The foIlowine: apply to both AlP and 'BFC Proiects
.. .. .. . ... ... .. .. .
NUMBER TITLE
70/7460-11 Obstruction Marking and Lighting
150/5000-13 Announcement of A vailability--
RTCA Inc., Document RTCA-221,
: Guidance and Recommended
Requirements for Airport Surface
Movement Sensors
... '" .... '. ..
150/5210-5B Painting, Marking and Lighting of
Vehicles Used on an Airport
,
I SO/52 I 0-7B Aircraft Fire and Rescue
Communications
150/5210-13A Water Rescue Plans, Facilities, and
, Equipment
~. -
150/521O-14A Airport Fire and Rescue Personnel
.' Protective Clothing
. . . . ..
"-
150/5210-15 Airport Rescue & Firefighting
Station Building Design
150/5210-18 Systems' for Interactive Training of
Airport Personnel
.... ...... .. . . ... 0... .. n.... ... . .
150/5210-19 Driver's Enhanced Vision System
(DEVS)
:
150/5220-4B Water Supply Systems for Aircraft
Fire and Rescue Protection
.. .. .... ... . f
150/5220-1 DB Guide Specification for WaterlFoam
: Type Aircraft Rescue and
: Firefighting Vehicles
150/5220-13B : Runway Surface Condition Sensor
: Specification Guide
"
..... . ... ... .... ......... ...... ........... .......... ... .. .... ... -, ....... .... 0.. '... .... . ..... .......... ... ..
150/5220-16B Automated Weather Ooserving .
. : Systems for NonFederal Applications
150/5220-17 A Design Standards for Aircraft Rescue
Firefighting Training Facilities
.... . . . .. . ..... .......... ....... ..... .. ... ...
150/5220-18 Buildings for Storage and
Maintenance of Airport Snow and Ice
Control Equipment and Materials
.. . . . .... ... . .. . . .. .... . . .
150/5220-19 Guide SpecificatIon for Small, Dual-
Agent Aircraft Rescue and
Firefighting Vehicles ,
150/5220-20 Airport Snow and Ice Control
CHGl Equipment
150/5220-21A Guide Specification for Lifts Used to
Board Airline Passengers With
Mobility Impairments
150/5300-13 Airport Design
CHG 1, 2, 3, 4, 5
150/5300-14 Design of Aircraft Deicing Facilities
150/5320-5B Airport Drainage
.
150/5320-6D Airport Pavement Design and
Evaluation
150/5320-12C Measurement, Construction, and
Maintenance of Skid Resistant .
Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise
Control Purposes
150/5320-16 Airport Pavement Design for the
. Boeing 777 Airplane
150/5325-4A : Runway Length Requirements for
CHGl : Airport Design
:
:
150/5340-1 G : Standards for Airport Markings
..
. . .... ..... ......... ... .
:
150/5340-4C Installation Details for Runway
: '.Centerline Touchdown Zone
CHG 1 & 2 !;ighting Systems
:
. '" . ...... .... .. .... ,... ......... .. ...... ....... .. .. ..... ,.... . ....., ....., .,. . .. ............. . .... . .
150/5340-5B ~; ,. Segmented Circle Airport Marker
CHGI System
150/5340-14B Economy Approach Lighting Aids
CHG 1 & 2
150/5340-17B Standby Power for Non-FAA Airport
Lighting Systems
150/5340-18C Standards for Airport Sign Syste~s
CHG 1
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting
Visual Aids
150/5340-23B Supplemental Wind Cones
.. .. .... .. .. . . . . ..... . ..
,.
150/5340-24 . . Runway and, Taxiway Edge Lighting
CHG 1 System
:
J
150/5340-27 A Air-to-Ground Radio Control of
Airport Lighting Systems
150/5345-3D Specification for L821 Panels for
Remote Control of Airport Lighting
...... . .... ...... .... ....... ..... .......... ....... ....... ............ ............... ........... ... ......... .......... ... . . . ... . ....
150/5345-5A Circuit Selector Switch
.................. .. . . . . . . .......... . . . .. .... ... ............................ .......... . ..... .... ...... . ........ ......................... .................................
150/5345-7D Specification for L824 Underground
CHG 1. Electrical Cable for Airport Lighting
Circuits
.. ...... . ........;. .... ... ................... . ...................... ... ..... ... .....
150/5345;.1 DE Specification for Constant Current
Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport
Beacon
.. ............. .. ... ..... ...... ... . . .. ... .................. .... ....................................... ..................................
-c
.............................. ............... .. .... ....... .,' .................. ... . . .. .. . .... .. .. ....... . ....... ........ .................. . .. .. ...
150/5345-13A Specification for L841 Auxiliary
. Relay Cabinet Assembly for Pilot
: Control of Airport Lighting Circuits
..... ...... .. ... . ......... . .. ......... .......... ... ........ ......... . ..... ..... . ..... ,.. ... .. . ... .. .. .
150/5345-26B .' Specification forL823 Plug and
CHG 1 & 2 Receptacle, Cable Connectors
150/5345-27C Specification for Wind Cone
Assemblies
150/5345-28D . Preqision Approach Path Indicator
CHGl (P API) Systems
., ...
150/5345-39B FAA SpecificationL853, Runway
CHGl and Taxiway Centerline
Retroreflective Markers
150/5345-42C Specification for Airport Light Bases,
CHG 1 Transformer Housings, Junction
Boxes and Accessories
. ................. ......... . .., ..... ....... ........ .., ... ...... ..... ...... -" .. '. ... ....
150/5345-43E Specification for Obstruction
Lighting Equipment
150/5345-44F Specification for Taxiway and
CHGl Runway Signs
150/5345-45A Lightweight Approach Light
Structure
.... . . . .. . . . ... .. . . .
150/5345-46A Specification for Runway and
. Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport
Lighting Systems
.. ..
150/5345-49A Specification L854, Radio Control
Equipment
150/5345-50 Specification for Portable Runway
CHG 1 Lights
150/5345-51 Specification for Discharge-Type
CHG 1 Flasher Equipment
........ ...... ..... . . . . . . . .. ................. ... .. ................ ...... ,- ,... ................ ............... ..
"
. ...
150/5345-52 Generic Visual Glideslope Indicators
"(GVGI)
150/5345-53A Airport Lighting.Equipment
j;. ~. Certification Program
(including addendum). '"
150/5360-9 Planning and Design of Airport
Terminal Facilities at NonHub
Locations
150/5360-12A Airport Signing & Graphics
150/5360-13 Planning and Design Guidance for
CHGl Airport Terminal Facilities
. ,
150/5370-2C Operational Safety on Airports
During Construction
..
150/5370-1OA Standards for Specifying
. . Construction of Airports
CHG 1,2,3,4,5,6, 7, 8, 9
150/5390-2A Heliport Design
..
150/5390-3 Vertiport Design
, .
NUMBER TITLE ,
150/5100-14C Architectural, Engineering, and
Planning Consultant Services for
Airport Grant Projects
150/5200-30A , Airport Winter Safety and Operations
CHG 1 & 2
150/5200-33 Hazardous Wildlife Attractants On or
Near Airports
.. . .......... ......... ". ........... ..................... .. . ......... ..-... ... .. ..... ... .... ...... . . . . . .
150/5300-15 Use of Value Engineering for
Engineering Design of Airport Grant
Projects .
. . . .... ........... ..... . . . .. . . .. . .. . .. . ......
...... .
The foUowine: applv to AlP Proiect~ onlY,
>:
!
.. . . . .. .. . ... ....
150/5370-11 Use of Nondestructive Testing
eRG 1 Devices in the Evaluation of Airport
Pavements
.. . .... ... .. . ... . .......
150/5370-12 Quality Control of Construction for
Airport Grant .Projects
150/5370-6B Construction Progress and Inspection
Report-Airport Grant Program
The followine: apply to PFC Proiects only
NUMBER TITLE
150/5000-12 Announcement of Availability -
Passenger Facility' Charge (PFC)
Application (FAA Form 5500-1)