HomeMy WebLinkAboutFAA GRANT AGREEMENT 3-13-0011-040-2017 FOR THE DESIGN OF AIRPORT ACCESS CONTROLS, AIR CARRIER AND GA APRON REHAB, AND AIRPORT DRAINAGE MASTER PLAN 3 - 13 - 0011 - 040 - 2017
�1
U.S.Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer July 27, 2017
Airport/Planning Area Augusta Regional at Bush Field
AIP Grant Number 3-13-0011-040-2017
DUNS Number 094079472
TO: City of Augusta
(herein called the"Sponsor")
FROM: The United States of America(acting through the Federal Aviation Administration, herein called the
"FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated July 14, 2017,for a grant of
Federal funds for a project at or associated with the Augusta Regional Airport at Bush Field Airport, which
is included as part of this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Augusta Regional at Bush Field Airport(herein called
the "Project") consisting of the following:
Air Carrier and GA Apron Pavement Rehabilitation—Design
Airport Drainage Master Plan
Airport Access Control System—Design
Runway Incursion Markings
which is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified,49 U.S.C. §40101,et seq., and the former Airport and Airway Improvement Act
of 1982 (AAIA), as amended and recodified,49 U.S.C. §47101, et seq., (herein the AAIA grant statute is
referred to as"the Act"),the representations contained in the Project Application,and in consideration of
(a)the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's
acceptance of this Offer; and, (b)the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and conditions as herein
provided.
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety(90) percent of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
1
,
3 - 13 - 0011 - 040 - 2017
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is$922,705.
The following amounts represent a breakdown of the maximum obligation for the purpose of establishing
allowable amounts for any future grant amendment,which may increase the foregoing maximum
obligation of the United States under the provisions of 49 U.S.C. §47108(b):
$922,705 airport development
2. Period of Performance.The period of performance begins on the date the Sponsor formally accepts this
agreement. Unless explicitly stated otherwise in an amendment from the FAA,the end date of the period
of performance is 4 years(1,460 calendar days)from the date of formal grant acceptance by the Sponsor.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of
performance (2 CFR§200.309). Unless the FAA authorizes a written extension,the sponsor must submit all
project closeout documentation and liquidate (pay off) all obligations incurred under this award no later
than 90 calendar days after the end date of the period of performance (2 CFR§200.343).
The period of performance end date does not relieve or reduce Sponsor obligations and assurances that
extend beyond the closeout of a grant agreement.
3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
4. Indirect Costs-Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost
rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct
salaries and wages.
5. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be
made in accordance with the regulations, policies, and procedures of the Secretary. 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.
6. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies, and procedures of the Secretary.The Sponsor also agrees to comply with the
assurances which are part of this agreement.
7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any part of
the costs of the project unless this offer has been accepted by the Sponsor on or before August 27,2017,
or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The Sponsor must 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 other manner for any project upon which Federal funds have been expended. For the
purposes of this grant agreement,the term "Federal funds" means funds however used or dispersed by
the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds.The Sponsor must return the recovered Federal share, including funds recovered by
settlement, order, or judgment, to the Secretary.The Sponsor must furnish to the Secretary, upon request,
2
3 - 13 - 0011 - 040 - 2017
all documents and records pertaining to the determination of the amount of the Federal share or to any
settlement, litigation, negotiation,or other efforts taken to recover such funds.All settlements or other
final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require
advance approval by the Secretary.
10. United States Not Liable for Damage or Injury.The United States is not responsible or liable for damage
to property or injury to persons which may arise from, or be incident to,compliance with this grant
agreement.
11. System for Award Management(SAM)Registration And Universal Identifier.
A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information in the
SAM until the Sponsor submits the final financial report required under this grant, or receives the final
payment,whichever is later.This requires that the Sponsor review and update the information at least
annually after the initial registration and more frequently if required by changes in information or
another award term.Additional information about registration procedures may be found at the SAM
website (currently at http://www.sam.gov).
B. Data Universal Numbering System: DUNS number means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. (D & B)to uniquely identify business entities.A DUNS number
may be obtained from D& B by telephone (currently 866-705-5771) or on the web (currently at
http://fedgov.dnb.com/webform).
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. If, during the life of the project,the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or
five percent(5%),whichever is greater,the FAA can issue a letter amendment to the Sponsor unilaterally
reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in
the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not
exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum
obligation does not apply to any"planning" component of condition No. 1.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of
the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may
suspend, cancel,or terminate ate this agreement.
15. Financial Reporting and Payment Requirements.The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
16. Buy American. Unless otherwise approved in advance by the FAA,the Sponsor will not acquire or permit
any contractor or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for which funds are provided under this grant.The Sponsor will
include a provision implementing Buy American in every contract.
3
3 - 13 - 0011 - 040 - 2017
17. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. §47108(b), as
amended,the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent for land project.
18. Audits for Public Sponsors.The Sponsor must provide for a Single Audit or program specific audit in
accordance with 2 CFR part 200.The Sponsor must submit the audit reporting package to the Federal
Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested.
19. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR§180.200,the
Sponsor must:
A. Verify the non-federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for Award
Management (SAM)to determine if the non-federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-federal entity attesting they are not excluded or
disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded
or disqualified from participating.
B. Require prime contractors to comply with 2 CFR§180.330 when entering into lower-tier transactions
(e.g. Sub-contracts).
C. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered
transaction with an ineligible entity or(2)suspends or debars a contractor, person, or entity.
20. Ban on Texting While Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving,October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009,
the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for,or on behalf
of,the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such
as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts.
21. AIP Funded Work Included in a PFC Application.
Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration
an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC
project also covered under this grant award.The airport sponsor may not make any expenditure under
4
3 - 13 -0011 - 040 - 2017
this award until project work addressed under this award is removed from an approved PFC application by
amendment.
22. Exhibit"A" Property Map.The Exhibit"A" Property Map dated July 7, 2006 filed with AIP Grant 3-13-
0011-22-2001 is incorporated herein by reference.
23. Employee Protection from Reprisal.
A. Prohibition of Reprisals—
1. In accordance with 41 U.S.C. §4712, an employee of a grantee or subgrantee may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or
body described in sub-paragraph (A)(2), information that the employee reasonably believes is
evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee is
covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal office or employee responsible for oversight of a grant program;
v. A court or grand jury;
vi. A management office of the grantee or subgrantee; or
vii. A Federal or State regulatory enforcement agency.
3. Submission of Complaint—A person who believes that they have been subjected to a reprisal
prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the
Office of Inspector General (OIG)for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint-A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General—Actions, limitations and exceptions of the Inspector
General's office are established under 41 U.S.C. §4712(b)
6. Assumption of Rights to Civil Remedy- Upon receipt of an explanation of a decision not to conduct
or continue an investigation by the Office of Inspector General,the person submitting a complaint
assumes the right to a civil remedy under4l U.S.C. §4712(c).
5
•
3 - 13 -0011 -040 - 2017
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor,as hereinafter
provided,and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
Larry F. Clark
(Typed Name)
Manager,Atlanta Airports District Office
(Title of FAA Official)
6
3 - 13 -0011 - 040 - 2017
PART II-ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in
the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of
the terms and conditions in this Offer and in the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this QQ// day of /4Uj� ' , Z.0 /7
(/ City of Augusta
(Name of Sponsor
g
(StOtubiponsaKsAciol)
{7
• .._Hardie...Davis,........Jr.
_.... ....__.......__......._..._.........._........
(Typed Name of Sponsor's Authorized Official)
Title:
Mayor........
(Title of Sponsor's Authorized Official
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Andrew MacKenzie ,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 Gerry;(! . Further, I have examined the foregoing Grant Agreement and the actions taken
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 the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor,there are
no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the
said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
•
Dated atAity2//4/ CX (location)this day of J4aga$)' , 2b/
By: J�,
(Signature of o sor's Attorney)
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
7
3 13 0011 040 2017
ASSURANCES
AIRPORT SPONSORS
A. General.
a. 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.
b. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C.,subtitle VII, as amended.As used herein,
the term "public agency sponsor" means a public agency with control of a public-use airport; the
term "private sponsor" means a private owner of a public-use airport; and the term "sponsor"
includes both public agency sponsors and private sponsors.
c. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and
become part of this 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 this 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 this grant agreement,only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32,
33, and 34 in Section C apply to planning projects.The terms, conditions, and assurances of this
grant agreement shall remain in full force and effect during the life of the project; 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.
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:
8
March,2014
3 - 13 - 0011 - 040- 2017
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12898- Environmental Justice
FEDERAL REGULATIONS
a. 2 CFR Part180-OMBGuidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and
Contracts with State and Local Governments, and OMB Circular A-133 -Audits of States, Local
Governments, and Non-Profit Organizationsj.4'5 6
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment
d. 14 CFR Part 13- Investigative and Enforcement Proceduresl4 CFR Part 16- Rules of Practice
For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150-Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government
Services.
g. 28 CFR§ 50.3- U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
h. 29 CFR Part 1- Procedures for predetermination of wage rates.'
i. 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.'
j. 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).'
k. 41 CFR Part 60-Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor(Federal and federally assisted contracting requirements).'
I. 49 CFR Part 18- Uniform administrative requirements for grants and cooperative agreements
to state and local governments.3
m. 49 CFR Part 20- New restrictions on lobbying.
n. 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.
o. 49 CFR Part 23- Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs.'2
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
r. 49 CFR Part 27—Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.'
10
March,2014
3 - 13 - 0011 -040 - 2017
It has legal authority to apply for this 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 such 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 this 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 acquired.
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 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 rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this 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
Secretary.
b. It 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 this 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 this 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 government 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.
12
March,2014
3 - 13 -0011 - 040 - 2017
of the proposed amendment to the airport layout plan to depict the project and a copy of any
airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995,for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance-management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code, and all the
security equipment required by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft
other than air carrier aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition
by the recipient of the proceeds of this grant, the total cost of the project in connection with
which this grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project.
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 examination, any
books, documents, papers, and records of the recipient that are pertinent to this 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 this 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 this
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 this 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 Vietnam era
veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title
14
March,2014
3 - 13 -0011 - 040 - 2017
required or prescribed by applicable Federal, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith,with due regard to climatic and flood conditions. Any
proposal to temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect
arrangements for-
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be
construed as requiring the maintenance, repair, restoration,or replacement of any
structure or facility which is substantially damaged or destroyed due to an act of God or
other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport(including established minimum flight altitudes)
will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws,to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction,that will reduce its compatibility, with
respect to the airport,of the noise compatibility program measures upon which Federal funds
have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person,firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport,the sponsor will insert
and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
16
March,2014
3 - 13 -0011 - 040- 2017
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 Rental Structure.
It will 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 or 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.The following exceptions apply to this paragraph:
1) 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.
2) If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land,this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale.This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period)of
any airport improvement grant made to the private owner for any purpose other than
land acquisition on or after October 1, 1996, plus an amount equal to the federal share of
the current fair market value of any land acquired with an airport improvement grant
made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at Section 47102 of title 49 United
States Code), if the FAA determines the airport sponsor meets the requirements set forth
in Sec. 813 of Public Law 112-95.
a.) As part of the annual audit required under the Single Audit Act of 1984,the sponsor will
direct that the audit will review, and the resulting audit report will provide an opinion
concerning,the use of airport revenue and taxes in paragraph (a), and indicating
whether funds paid or transferred to the owner or operator are paid or transferred in a
18
March,2014
3 - 13 - 0011 - 040 - 2017
Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be
made available as provided herein within 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 an airport layout 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 airport facilities;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport's property
boundary. 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 authorized 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.
a.) 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 except in the case
of a relocation or replacement of an existing airport facility due to a change in the
Secretary's design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall,
on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity,facility and program as found and defined in §§21.23 (b) and
21.23 (e) of 49 CFR §21,the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by,or
pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
20
March,2014
3 - 13 - 0011 -040 - 2017
b.)For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants,transferees,successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts,the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts,the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or(2)
transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give
preference to the following, in descending order, (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is eligible for grant funding
under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport
development project that is eligible for grant funding under Sections 47114,47115, or 47117
of title 49 United States Code, (4)transferred to an eligible sponsor of another public airport
to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the
Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for
noise compatibility purposes is leased at fair market value and consistent with noise buffering
purposes,the lease will not be considered a disposal of the land. Revenues derived from such
a lease may be used for an approved airport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes(other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land.That portion of the proceeds
of such disposition which is proportionate to the United States' share of the cost of acquisition
of such land will, (1) upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary.The Secretary shall give preference to the
following, in descending order: (1) reinvestment in an approved noise compatibility project, (2)
reinvestment in an approved project that is eligible for grant funding under Section 47117(e)
of title 49 United States Code, (3) reinvestment in an approved airport development project
that is eligible for grant funding under Sections 47114,47115, or 47117 of title 49 United
States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in
an approved noise compatibility project at that airport, and (5) paid to the Secretary for
deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if(1) it may
be needed for aeronautical purposes (including runway protection zones)or serve as noise
buffer land, and (2) the revenue from interim uses of such land contributes to the financial
self-sufficiency of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be needed for airport
purposes if the Secretary or Federal agency making such grant before December 31, 1987, was
22
March,2014
3 - 13 -0011 -040 - 2017
nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as
approved by DOT, are incorporated by reference in this agreement. Implementation of these
programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the sponsor of its failure to carry out its approved program,the
Department may impose sanctions as provided for under Parts 26 and 23 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 1936(31 U.S.C. 3801).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102
of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for
access to gates or other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport,the airport owner or operator shall
transmit a report to the Secretary that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated; and
3) Provides a time frame within which, if any,the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due
date.
24
March,2014
3 - 13 - 0011 - 040 - 2017
( 14 �4z1 FAA
�,i it `I' Airports
RPo
ivls
Current FAA Advisory Circulars Required for Use in AIP Funded
and PFC Approved Projects
Updated: 1/24/2017
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory circularsand
http://www.faa.gov/regulations policies/advisory circulars/
NUMBER TITLE
70/7460-1L
Change 1 Obstruction Marking and Lighting
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B
Changes 1 2 Airport Master Plans
150/5070-7
Change 1 The Airport System Planning Process
150/5100-13B Development of State Standards for Nonprimary Airports
150/5200-28F Notices to Airmen (NOTAMS)for Airport Operators
150/5200-30D Airport Field Condition Assessments and Winter Operations Safety
150/5200-31C Airport Emergency Plan
Changes 1-2
150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-1413 Aircraft Rescue Fire Fighting Equipment,Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
25
FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:1/24/2017
•
3 - 13 -0011 - 040- 2017
NUMBER TITLE
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
Changes 1-8 Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5235-4B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN
150/5340-1L Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30H Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10H Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F Specification for Airport and Heliport Beacons
150/5345-1313 Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator(PAPI)Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42H Specification for Airport Light Bases, Transformer Housings,Junction Boxes, and
Accessories
150/5345-43H Specification for Obstruction Lighting Equipment
150/5345-44K Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant(LIR)Structures
27
FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:1/24/2017
•
„ s
'• 3 - 13 -0011 - 040 - 2017
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 01/24/2017
NUMBER TITLE
150/5100-14E Architectural, Engineering,and Planning Consultant Services for Airport Grant
Change 1 Projects
150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1-6 Assisted Projects
150/5300-15A Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5370-12B Quality Management for Federally Funded Airport Construction Projects
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7B Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
29
FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:1/24/2017