Item C02 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:_9/18/2013 Division: County Administrator
Bulk Item: Yes, Department: Airports
Staff Contact Person/Phone#:Peter Horton 809-5200
AGENDA ITEM WORDING:Ratification of th ex ii._.istr__ ..t
e previously executed Federal Aviation Administration Grant
#3-12-0037-047-2013 providing funding to"Improve Airport Access Road;Improve Runway 27 Safety Area
(EMAS-Phase 1);Acquire Land for Runway 27 Approach Area;Improve Airport Drainage(Phase 1);
Rehabilitate Terminal Building(Customs Facility)and Update Airport Master Plan Study"at the Key West
International Airport.
ITEM BACKGROUND: Projects will be funded 90%by FAA,with match from Operating.
_ , .... ,.a. ..... ... _---------._ ....................... ..m_____-------__._. ..m .m ...n�M.......
PREVIOUS RELEVANT BOCC ACTION:Approval for the Mayor to execute Airport Grants from FAA
and FDOT as received in order to meet deadlines,with ratification at next BOCC meeting,.Item C-2,5-19-2010.
................................. __-----------__ ............._..... u
CONTRACT/AGREEMENT CHANGES: New Grant.
STAFF RECOMMENDATION. Approval.
TOTAL COST: $2.525,136.00 INDIRECT COST: NA BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY: None SOURCE OF FUNDS: FAA/Operating
COST TO AIRPORT: $252513.60
COST TO PFC: $0.00
REVENUE PRODUCING: NA AMOUNT PER YE R: NA
.a
APPROVED BY: County Attorney X /Purchasing Risk Management
DOCUMENTATION: Included X_ NotRequired
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
....................... ........................................ ....................................... ..............................
CONTRACT SUMMARY
Contract#
Contract with: Federal Aviation Administration Effective Date: Execution
(FAA) Expiration Date: Open
Contract Purpose/Description:Grant funding to"Improve Airport Access Road; Improve Runway 27
Safety Area(EMAS-Phase 1);Acquire Land for Runway 27 Approach Area; Improve Airport Drainage
(Phase 1); Rehabilitate Terminal Building(Customs Facility)and Update Airport Master Plan Study"
at the Key West International Airport.
Contract Manager: Peter Horton #5200 Airports-Stop#5
(name) (Ext.) (Department/Stop)
for BOCC meeting on: 09/18/2013 Agenda Deadline: 09/03/2013
......................................._.......... .................................... ...................................... ................................11--------------1-1...................................................
...................... ....................................... ....... ................. ......................................................
CONTRACT COSTS
Total Dollar Value of Contract:$2,525,136.00 Current Year Portion: 0
Budgeted? Yes Account Codes: pending set-up for Grant #0037-047
Grant: Yes-FAA
County Match: Operating
ADDITIONAL COSTS
Estimated Ongoing Costs: For: .
(not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.) ..........................................
----------11................... ........... -—-------------------------- ------
............................. ............................................................ ...................................... .................................- .................. ...............
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date Out
Yes No
Airports Director 08/27/2013 08/27/2013
Ho X
Risk Management � lil 11" , �-
�DL 2
for Risk M em t
O.M.B./Purchasing =Lu a/za/1,3
U13L LO
for OMB
County Attorney LAI _/11 Pedro Mercado 9Y/1_3
County Attorney
Comments:
.................................. ..............----------------.............................
Orlando Airports District Office
— 5950 Hazeltine National Dr..Suite wm
U.S.Deportment Orlando,n-o28o-5u03
ofnonsportotlon
Phone:wnna12-oo1
Federal Aviation
Administration Fax:wonmo-6yro
August 16.2013
Mr. Peter Horton
Director ofAirports
Key West International Airport
3w91G. Roosevelt Boulevard
Key West FLauo*u
Dear Mr. Horton:
RE: Key West International Airport
Key West,Florida
mp Number 3-12-VD3T-047-2n10
FDOTxwp|prLaoOO: 9140.*629.
nu01.anoa. auas and s47o
Grant Offer
We are enclosing the original and one copy of a Grant Offer for AIP Project No. 3-12-0037-047-2013 for
Kay vvem International Airpvrt, in response to your Application for Federal Assistance dated July 17,
2013. Your acceptance of this Offer will constitute a Grant Agreement by which the government will
participate in the allowable costs of the project amounting to$2,525,136(Federal share).
Once the authorized official has executed the Agreement and the official's signature has been notarized
and soa|ad/stamped, the attorney for the Monroe County Board of County Commissioners must certify
that the 8pnnuo/u acceptance complies with local and state law and constitutes o legal and binding
obligation on the part o,the Sponsor. Please note that the Agreement iv not legal unless the attorney
signs it AFTER the Sponsor.
If the terms of this Offer are satisfactory, please execute the document as soon as possible, but not later
than September y. 2013. To eeoiet us in administrative reporting requemanta, you one requested to
notify this office by emailingaPDFo[signature page uf the grant immediately upon executing the grant.
Only the original executed grant needs tsbe returned mthis office.The remaining copy is for your
file,
Please allow gRgroximately 30 days after returning final executed grant to this office before attempting
any drawdowns from the lefter-of-credit account. If a
contact the Orlando Airports District Office prior to initiating the draw
Manage
upnx|mounao
coi Venclmmue(gramt)
Dionne Richardson, FQOT16
July 18,2013
KEY WEST INTERNATIONAL AIRPORT
ATTACHMENT"A"
PROJECT APPLICATION(3-12-0037-047-2013)
GRANT DESCRIPTION AND COST BREAKDOWN SHEET
I.Grant Description
A)Rehabilitate Airport Entrance Road,Construction(PFL0009146)
The airport access road from AlA S,Faraldo Circle is badly cracked and is in need of a new surface
course of Asphalt Concrete.This project will consist of milling and overlaying the existing roadway,
project inspection and administration services during construction.In addition the project will install an
overhead"striker bar"to warn over height vehicles and prevent them from striking and damaging the
terminal bridge over the roadway. Bid for this project were opened on 7/3/13.
B)Land Acquisition(PFL0006361)
An approximately 9 acre parcel of land within the Runway Protection Zone(RPZ)for Runway 27 has
recently become available.Purchasing this property will not only prevent non-compatible development
within the RPZ,but a portion of it will also provide property to be used for mitigation of future airport
projects.
C)Key West International Airport Customs Facility Rehabilitation,Phase II&Phase III(PFL0008086)
The existing Customs facilities need upgrades and modifications to bring the facility up to full Federal
Inspection Station(FIS)Standards,Currently the facility is utilized by Customs for General Aviation entry
into the U.S.
The project consists of 14,754 sf and has an approximate split of 50%public area and 50%non-public
area. Only the costs associated with the public space portion of the building are eligible for FAA funds.
The total project cost is$2,283,910. The portion of the project costs that are eligible for FAA
participation is$1,141,955 which is 50%of project cost. The Federal share of the FAA eligible portion of
the cost is 90%of the$1,141,955 which equals$1,027,760. However,only$439,386 of FAA funding is
available this fiscal year due to costs of the other project request and the total entitlement funding
available for EYW.
D)Engineered Material Arresting System(EMAS)for Runway 27 Departures—Design Only
As recent overrun incidents at Key West International and other airports around the nation have shown,
EMAS is an effective means to arrest aircraft that fail to stop within the operational limits of the landing
runway.The EMAS installed on the departure end of runway 9 at Key West International was in service
but a month when it arrested an aircraft that failed to stop on the runway.Improvements to the runway
27 RSA consisted of grading 600 feet beyond the runway end and was completed in May 2011.Due to
environmental issues,the prescribed 1,000 foot overrun for an RSA could not be achieved.In October
2011 a corporate aircraft exited the end of runway 27,traveled 820 feet,struck a soil berm,and came to
rest in a salt pond.The aircraft was greatly damaged and the personnel on board suffered serious
injuries.Improvement of the runway 27 RSA by installing an EMAS on the recently graded 600 foot
safety area would greatly enhance aircraft safety,and likely prevent the extent of damage to aircraft
and injuries to passengers as was seen in the accident noted above.Environmental issues regarding this
work have already been addressed and mitigated with the associated permitting of the existing RSA
project except for obtaining a permit from the South Florida Water Management District for stormwater
runoff.This key safety enhancement is essential at Key West International since it has one of the
shortest commercial runways in the Nation. A runway extension is not an option since significant
environmental features exist at each end of the runway.
E)Drainage Reconstruction—Construction
Construct stormwater detention areas to which rainfall runoff can be routed for water quality and
quantity storage,prior to discharge through new storm water injection wells,at the location of the
detention areas.The project includes construction of pumps and conveyance channels J pipes to route
stormwater runoff to the detention areas.The project includes the retrofitting of the existing drainage
wells on the airfield with backflow devices J structures to prevent extreme high tides from inundating
the airfield.The project also includes construction of a perimeter berm around the airfield where the
existing airfield perimeter grades allow for extreme high tides to flood on to the airfield.
F)Airport Layout Plan Update(PFL0006476)
Current ALP is more than 10 years old and is out-of-date.Since the last ALP in 2002 there have been
significant changes to the airport including construction of a new Terminal Complex,an EMAS project,
and larger aircraft(B-737-700W)are now serving the airport.A new ALP will show all recent projects
and provide for future planning.
II.Cost Breakdown
A)Rehabilitate Airport Entrance Road,Construction(PFL0009146)
Requested
Amount
FY 2013 Total FAA Share(90%) State(5%) Local(5%)
......._. ......._.............. ...._....—_
Admin $ 31,100.00 $ 27,990.00 $ 1,555.00 $ 1,555.00
P ......... _...._._ ._ .............
... ..............._..._.,_........—......... .. _..............__....._................
II
ns ections $ 96,200.00 $ 86,580.00 $ 4, _
_ ......—........_....... __� ......._................__. ._ —....._. ._..... .._..
Construction $ 530,000.00 $ 477,000.00 $26,500.00 $ 26,,50000
_. ......... __... ......... .....__. ........ _
Subtotal $ 657,300.00 $ 591,570.00 $32,865.00 $ 32,865.00
B)Land Acquisition(PFL0006361)
Requested
Amount
FY 2013 Total FAA Share(90%) State(5%) Local(5%)
Admin $ 2,000AO $_ 1,800.00 $ 100.00 $ 100.00
..........._.._._........_... ... .._._.._......._.. —...._....... .......
Land Purchase $ 550,000.00 $ 495,000.00 $27,500.00 $ 27,500.00
.............................. _ ............. —
Subtotal $ 552,000.00 $ 496,800.00 $27,600.00 $ 27,600.00
C)Key West International Airport Customs Facility Rehabilitation,Phase 11&III
%of
Total Project Total FAA Eligbile Portion Ineligible Portion(Private
Cost Amount Cost (Public Space-50%) Space-50%)
Admin $ 41700.00 2% $ 20,850.00 $ 20,850.00
.......... _ ..—. _..... _
Inspections $ 200,000.00 9% $ 100,000.00 $ 100,000.00
.... _._.. _ m_____........._ .__
Construction $ 2,042,210.00 89% $ 1,021,105.00 $ 1,021,105.00
. _......
�...._
Total $ 2,283,910.00 100% $ 1,141,955.00 $ 1,141,955.00
*FAA Eligible costs exceed funding availability. Maximum funding available FY 2013 is$2,525,136. FAA
Share requested for Customs Facility Rehabilitation is$2,525,136-$2,085,750(Subtotal Other Projects
FAA Share)=$439,386.00.
--------
Requested
Amount
FY 2013 Total FAA Share(90%) State(5%) Local(5%)
........................... ...................................
Admin $ 26,365.00 $ 23,728.50 $ 1,31&25 $ 1,318.25
......................... ..............---
....................... ........... ..........— ..........
Inspections $ 41,986.00 $ 37,787.40 $ 2,099.30 $ 2,099.30
...........................
.......................... ................ ...........................---.........................---.....................................
Construction $ 419,856.00 $ 377,870.40 $20,992.80 $ 20,992.80
...................................
............. --------.-I . ........................ .....................
..SubSubtotal $ 488,207.00 439,38630 $24,410.35 $ 24,410.35
total..............---"................ ...................I
D)Engineered Material Arresting System(EMAS)for Runway 27 Departures-Design Only
.....................
Requested Amount
FY 2013 Total I FAA Share(90%) State(5%) Local(5%)
............ ................—.................................------------------.........
Admin $ 21,400.00 $ 19,260.00 $ 1,070.00 $ 1,070.00
............ ....................................... ...........
........................ .................-................................
Engineering Design $ 367,000.00 $ 330,300.00 $18,350.00 $ 18,350.00
..................................................
—--—-------
Other Engineering
Fees(Permitting) $ 48,000.00 $ 43,200.00 $ 2,400.00 $ 2,400.00
.................................
Subtotal 5,400.00 $ 392,766.66 1 21,820.00 $ 21,820.00
-11----------I......
E)Drainage Reconstruction
------------------
Requested Amount
FY 2013 Total FAA Share(90%) State(5%) Local(5%)
Admin 27,200.00 $ 24,480.00 $ 1,360.00 $ 1t360.00
.........................
Inspections 40,000.00 $ 36,000.00 $ 2,000.00 $ 2,000.00
................ ..........................
............ .....
Construction $ 500,000.00 $ 450,000.00 $25,000.00 $ 25,000.00
............ ..............
1-1-1-1-111--.-...............
Subtotal $ 567,200.00 $ 510,480.00 $28,360.00 $ 28,360.00
...........
F)Airport Layout Plan Update(PFL0006476)
--------
Requested Amount
FY 2013 Total FAA Share(90%) State(5%) Local(5%)
.......................... .........
Admin $ 6,600M $ 5,940.00 $ 330.00 330.00
...........-.-----.................... ......
................................................................ ............................ ...........................--.-.......-...................
Other A/E Fees
(Planning) $ 98,000.00 $ 89,200M $ 4,900.00 $ 4,900.00
............................................. .................................. ........ ........
................................... ...... ..................... ...............—
Subtotal $ 104,600.00 $ 94,140.00 $ 5,230.00 $
.............. ——-----—'-
Total $ 2,805,707
Entitlement Grant Request $ 2,525,136
Discretionary Grant Request $ 0
Total Grant Request $ 2,525,136
Others $ 280,571
Or GRANT AGREEMENT
U.S.Department
of Transportation
Federal Aviation
Administration
Date of Offer: August 16,2013
Project Number: 3-12-0037-047-2013
Recipient: Monroe County Board of County Commissioners(Herein called Sponsor)
Airport: Key West International 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, ninety percent(90%)of the allowable costs incurred
in accomplishing the project consisting of the following:
"Improve Airport Access Road;Improve Runway 27 Safety Area(EMAS—Phase 1);Acquire Land
for Runway 27 Approach Area; Improve Airport Drainage (Phase 1); Rehabilitate Terminal
Building(Customs Facility)and Update Airport Master Plan Study"
as more particularly described in the Project Application dated July 17,2013.
The maximum obligation of the United States payable under this Offer shall be $2,430,996 for airport
development and$94,140 for planning.
This offer is made in accordance with and for the purpose of carrying out the applicable provisions of the Federal
Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. Acceptance and execution of
this offer shall comprise a Grant Agreement, as provided by Title 49 of the United States Code, constituting the
contractual obligations and rights of the United States and the Sponsor.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION anager,Airports District Office
ACCEPTANCE
The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and
in the document"Terms and Conditions of Accepting Airport Improvement Program Grants"dated April 3, 2013.
The Sponsor specifically acknowledges that knowingly and willfully providing false information to the Federal
vernment is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject the Sponsors
ed Official Representative to fines, imprisonment or both if the U.S. Department of Justice determines
o acted outside the scope of his/her duties..
day of ,20 Monroe unt Board of County C issioners
( Name Sponsor
• a A—Y
� r g
',.. i n pure of Sp nsor'Designated icia'Representative
w
f, -
Title Title
CERTIFICATE OF SPONSOR'S ATTORNEY
l "g gram �ITa 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 Florida.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 the applicable provisions of the Federal Aviation Act of 1958, as amended,codified at
Title 49 of the United States Code. 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
nc ith the terms reof.
accorda --
Signature of Spons 's Date
OW GRANT AGREEMENT
U.S.Department COPY
of Transportation
Federal Aviation
Administration
Date of Offer: August 16,2013
Project Number: 3-12-0037-047-2013
Recipient: Monroe County Board of County Commissioners(Herein called Sponsor)
Airport: Key West International 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, ninety percent(90%)of the allowable costs incurred
in accomplishing the project consisting of the following:
"Improve Airport Access Road; Improve Runway 27 Safety Area(EMAS—Phase 1);Acquire Land
for Runway 27 Approach Area; Improve Airport Drainage (Phase 1); Rehabilitate Terminal
Building(Customs Facility)and Update Airport Master Plan Study"
as more particularly described in the Project Application dated July 17,2013.
The maximum obligation of the United States payable under this Offer shall be $2„430,996 for airport
development and$94,140 for planning.
This offer is made in accordance with and for the purpose of carrying out the applicable provisions of the Federal
Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. Acceptance and execution of
this offer shall comprise a Grant Agreement, as provided by Title 49 of the United States Code, constituting the
contractual obligations and rights of the United States and the Sponsor. 7
FEDERAL AVIATION ADMINISTRATION an gAirports District
UNITED STATES OF AMERICA
Office
ACCEPTANCE
The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and
in the document"Terms and Conditions of Accepting Airport Improvement Program Grants"dated April 3, 2013.
The Sponsor specifically acknowledges that 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 the Sponsor's
d Official Representative to fines, imprisonment or both if the U.S. Department of Justice determines
ted outside the scope of his/her duties.
'�day of . ,2013 Monroe Co ty Board of C nnty Commis ioners
" Name o onsor
7nat f Sponsors g Designated Offia J Representative
Title Title
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Pkd ,�,- /t, J" , 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 Florida. 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 the applicable provisions of the Federal Aviation Act of 1958,as amended,codified at
Title 49 of the United States Code. 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 Agree ftutps a legal and binding obligation of the Sponsor in
accorda a with the terms thereof.
Mik^x M
Signature of Sponso Attor --~w""' Date
fa.w
2
April 3, 2013
U.S.Department
of Transportation
Federal Aviation
Administration
Terms and Conditions
of Accepting Airport Improvement Program Grants
This document was compiled from multiple mment source documents. --------------
This document contains the terms and conditions of accepting Airport Improvement Program(AIP)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 FAA may unilaterally amend the terms and conditions by notification in
writing,and such amendment will only apply to grants accepted after notification.
L DEFINITIONS
A. Sponsor—An agency that is legally,financially,and otherwise able to assume and carry out the
certifications,representations,warranties,assurances,covenants and other obligations required in this
document and in the accepted Grant Agreement.
B. Project—Work as identified in this grant Agreement.
C. Primary Airport—A commercial service airport the Secretary of Transportation determines to have more
than 10,000 passengers boarding each year.
D. "this grant'—In this document the term"this grant'refers to the applicable grant agreement or grant
agreements that incorporate(s)these Terms and Conditions as part of the grant agreement.
II. CERTIFICATIONS
Title 49, United States Code,section 47105(d),authorizes the Secretary to require certification from the
Sponsor that it will comply with statutory and administrative requirements in carrying out a project under the
AIP. The following list of certified items includes major requirements for this aspect of project implementation.
However,the list is not comprehensive,nor does it relieve sponsors from fully complying with all applicable
statutory and administrative standards. In accepting this grant,the Sponsor certifies that each of the following
items was or will be complied with in the performance of grant agreements. If a certification cannot be met for
a specific project,the Sponsor must fully explain in an attachment to the project application.
A. Sponsor Certification for Selection of Consultants. General standards for selection of consultant
services within Federal grant programs are described in Title 49,Code of Federal Regulations(CFR),and
Part 18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to
specific standards in 49 CFR 18 and Advisory Circular 150/5100-14,Architectural, Engineering,and
Planning Consultant Services for Airport Grant Projects.
1. Solicitations were(will be)made to ensure fair and open competition from a wide area of interest.
2. Consultants were(will be)selected using competitive procedures based on qualifications,experience,
and disadvantaged enterprise requirements with the fees determined through negotiations.
3. A record of negotiations has been(will be)prepared reflecting considerations involved in the
establishment of fees,which are not significantly above the Sponsors independent cost estimate.
4. If engineering or other services are to be performed by Sponsor force account personnel, prior
approval was(will be)obtained from the FAA.
5. The consultant services contracts clearly establish(will establish)the scope of work and delineate the
division of responsibilities between all parties engaged in carrying out elements of the project.
6. Costs associated with work ineligible for RIP funding are(will be)clearly identified and separated from
eligible items in solicitations,contracts,and related project documents.
7. Mandatory contact provisions for grant-assisted contracts have been(will be)included in consultant
services contracts.
8. The cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards were
not(will not be)used.
9. If the services being procured cover more than the single grant project referenced in this certification,
the scope of work was(will be)specifically described in the advertisement;and future work will not be
initiated beyond five years.
B. Sponsor Certification for Project Plans and Specifications. AIP standards are generally described in
Advisory Circulars 150/5100-6, Labor Requirements for the Airport Improvement Program; 150/5100-15.
Civil Rights Requirements for the Airport Improvement Program;and 150/5100-16,Airport Grant
Assurance One—General Federal Requirements. A list of current advisory circulars with specific
standards for design or construction of airports,as well as procurement/installation of equipment and
facilities, is referenced in standard airport sponsor Grant Assurance 34 in this document.
1. The plans and specifications were(will be)prepared in accordance with applicable Federal standards
and requirements;so no deviation or modification to standards set forth in the advisory circulars,or
State standard, is necessary other than those previously approved by the FAA.
1 of 20
2. Specifications for the procurement of or written so as to
restrict competition. At least two manufacturers can meet the specifications.
3. The development included(to beincluded)in the plans is depicted on the airport layout plan
approved by the FAA.
4. velopment that is ineligible for AIP funding has been(will be)omitted and
�ooificaUunnp,othnn,ue|demifiedmansumtmatnuneimbursommmwnuemodeformeoos of the
ine|igimoimm(o).
5. The process controland acceptance tests required for the standards contained inAdvisory
Circular 1s0537O'10 are(will be)included in the project specifications.
o. If a vame engineering clause is incorporated into the contract,concurrence was(will be)obtained
from the FAA.
7. The plans and specifications incorporate(will incorporate)applicable requirements and
recommendations set forth in the Federally approved environmental finding.
8. For construction activities within or near aircraft operational areas,the requirements contained in
Advisory Circular 1505arO'u have been(will be)discussed with the FAA,aa well as incorporated into
the specifications;and a safety/phasing plan has FAA's concurrence,if required.
9. The project was(wil\be) hyainoUyoomp|etedwkhoutFndena|part|oipouionincostsuuemermsan4
omissions in the plans and specifications that were foreseeable at the time of project design.
C. Sponsor Certification for Equipment/Construction ovntrmum. General standards for equipment and
construction contracts within Federal grant programs are described in Title 49,CFR,Part 18.36. A|P
standards are generally described in FAA Advisory Circular(AC)150/moos.Labor Requirements for the
Airport Improvement Program; 1s0/s1OO-1S.Civil Rights Requirements for the Airport Improvement
Program;and 150s1uo-10.Airport Grant Assurance 0ne—Genena|Fndeno|nn |,oments Sponsors
may use State and local procedures provided procurements conform to these Federal standards.
1. x code or standard of conduct ia(will be)in effect governing the performance of theSponaor's
officers,employees,or agents in soliciting and awarding procurement contracts.
2. Qualified personnel are(will be)engaged to perform contract administration,engineering supervision,
construction inspection,and testing.
3. Unless the FAA approved(haaappmvnd)ok»emvioo.thopmovroment was(will be)publicly
advertised using the competitive sealed bid method o,procurement.
4. The bid solicitation clearly and accurately describes(will deso,iuo):
a. The current Federal wage rate determination for all construction projects;and
o. All other requirements of the equipment and/or services u,beprovided.
a. Concurrence was(will be)obtained from FAA prior to contract award under any of the following
circumstances:
a. Only one qualified poomm/fimnsubmits a responsive bid;
b. The contract iohobe awarded m other than the lowest responsible bidder;
c. Life cycle costing ino factor in selecting the lowest responsive bidder;or
a. Proposed contract prices are more than 10 percent over the Sponsor's cost estimate.
0 All contracts exceeding V|oo.nno require(will require)the following provisions:
a A bid guarantee of 5 percent,a performance bond of 100 percent,and a payment bond of 100
percnnt�
b. Conditions specifying administrative,contractual,and legal remedies,including contract
termination,for those instances in which contractors violate or breach contact terms;and
n. Compliance with applicable standards and requirements issued under Section 306 of the Clean
Air Act(42U8C1oa7(h)>.Section sO8of the Clean Water Act(33UGc13ao).and Executive
0rder1173g.
7. All construction contracts contain(will contain)provisions for:
o. Compliance with the Copeland^Ann'mox Back"Act;and
b. Preference given in the employment of labor(except in executive,administrative,and supervisory
positions)to honorably discharged Vietnam-era veterans and disabled veterans.
e. All construction contracts exceeding$2,000 contain{will contain)the following provision&
a. Compliance with the Davis-Bacon Act based on the current Federal wage rate determination;and
x. Compliance with the Contract Work Hours and Safety Standards Act(*nUSc%z7-a3n).Sections
103and 107.
e. co
nstruction $1O.oOO contain(will contain)appropriate clauses from o1CFR
Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity.
10 All contracts and subcontracts contain U contain)clauses required from Title VI of the Civil Rights
Act and 49CFRuo and 48Cpnos for Disadvantaged Business Enterprises.
11. Appropriate checks have been(will be)made to assure that contracts or subcontracts are not
awarded to those individuals or firms suspended,debarred,or voluntarily excluded from doing
business with any U.S.Department of Transportation(DOT)element and appearing on the DOT
Unified List.
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D. Sponsor Certification for Real Property Acquisition. General requirements on real property
acquisition and relocation assistance are in Title 49,CFR,Part 24 and the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970(Uniform Act).
1. The Sponsor's attorney or other official has(will have)good and sufficient title and title evidence on
property in the project.
2. If defects and/or encumbrances exist in the title that adversely impact the Sponsor's intended use of
property in the project,they have been(will be)extinguished,modified,or subordinated.
3. If property for airport development is(will be)leased,the following conditions have been(will be)met:
a. The term is for 20 years or the useful life of the project;
b. The lessor is a public agency;and
c. The lease contains no provisions that prevent full compliance with this grant agreement.
4, Property in the project is(will be)in conformance with the current Exhibit"A"property map,which is
based on deeds,title opinions,land surveys,the approved airport layout plan,and project
documentation.
5. For any acquisition of property interest in noise sensitive approach zones and related areas,property
interest was(will be)obtained to ensure land is used for purposes compatible with noise levels
associated with operation of the airport.
& For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77
surfaces, property interest was(will be)obtained for the following:
a. The right of flight;
b, The right of ingress and egress to remove obstructions;and
c. The right to restrict the establishment of future obstructions.
7. Appraisals prepared by qualified real estate appraisers hired by the Sponsor include(will include)the
following:
a. Valuation data to estimate the current market value for the property interest acquired on each
parcel;and
b. Verification that an opportunity has been provided the property owner or representative to
accompany appraisers during inspections.
8. Each appraisal has been(will be)reviewed by a qualified review appraiser to recommend an amount
for the offer of just compensation,and the written appraisals and review appraisal are(will be)
available to FAA for review.
9. A written offer to acquire each parcel was(will be)presented to the property owner for not less than
the approved amount of just compensation.
10. Effort was(will be)made to acquire each property through the following negotiation procedures:
a. No coercive action was(will be)taken to induce agreement;and
b. Supporting documents for settlements are(will be)included in the project files.
11. If a negotiated settlement is not reached,the following procedures were(will be)used:
a. Condemnation was(will be)initiated and a court deposit not less than the just compensation was
(will be)made prior to possession of the property;and
b. Supporting documents for awards were(will be)included in the project files.
12. If displacement of persons,businesses,farm operations,or non-profit organizations is involved,a
relocation assistance program was(will be)established,with displaced parties receiving general
information on the program in writing,including relocation eligibility,and a 90-day notice to vacate.
13.. Relocation assistance services,comparable replacement housing,and payment of necessary
relocation expenses were(will be)provided within a reasonable time period for each displaced
occupant in accordance with the Uniform Act.
E. Sponsor Certification for Construction Project Final Acceptance. General requirements for final
acceptance and closeout of Federally funded construction projects are in Title 49,CFR,Part 18.50. The
Sponsor shall determine that project costs are accurate and proper in accordance with specific
requirements of this grant Agreement and contract documents.
1. The personnel engaged in project administration,engineering supervision,construction inspection,
and testing were(will be)determined to be qualified as well as competent to perform the work.
2. Daily construction records were(will be)kept by the resident engineer/construction inspector as
follows:
a. Work in progress
b. Quality and quantity of materials delivered
c. Test locations and results
d. Instructions provided the contractor
e. Weather conditions
f. Equipment use
g. Labor requirements
h. Safety problems
i. Changes required.
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3. Weekly payroll records and statements of compliance were(will be)submitted by the prime contractor
and reviewed by the Sponsor for Federal labor and civil rights requirements(Advisory Circulars
4. Complaints regarding the mandated Federal provisions set forth mthe contract documents have been
(will be)submitted m the FAA.
S. All tests specified inthe plans and specifications wem(wiUuo)perfonnedond the test results
documented os well aa made available hn the FAA.
0. For any test results outside of allowable tolerances,appropriate corrective actions were(will be)
taken.
7. Payments to the contractor were(will be)made in compliance with contract provisions as follows:
a. Payments are verified by the Sponsors internal audit of contract records kept by the resident
engineer;and
b. If appropriate,payreduction factors required uy the specifications are applied in computing final
payments;and asummary of pay reductions are made available&o the FAA.
o. The project was(will be)accomplished without significant deviations,changes,nr modifications from
the approved plans and specifications,except where approval is obtained from the FAA.
9. A final project inspection was(will be)conducted with representatives of the Sponsor and the
contractor,and project files contain(will contain)documentation o[the final inspection.
10. Work in this grant agreement was(will be)physically completed,and corrective actions required as a
result of the final inspection are completed to the satisfaction o,the Sponsor.
11. If applicable,the as-built plans,an equipment inventory,and a revised airport layout plan have been
(will be)submitted ip the FAA.
12. Applicable close out financial reports have been(will be)submitted m the FAA.
F. Sponsor Certification for Seismic Design and Construction. 49 CFR Part 41 sets forth the
requirements in the design and construction uf the bvi|ding(s)mbe financed with the assistance o[the
FAA. Compliance will be met by adhering to at least one of the following accepted standards:
1. Model codes found vo provide alevel of seismic safety substantially equivalent to that provided byuse
of the 1988 National Earthquake Hazards Reduction Program(NEHRP)including:
a. The1991 International Conference of Building Officials(IBCO)Uniform Building Code,published
by the International Conference of Building Officials,5360 South Workman Mill Road,Whittier,
California SO801;
b. The 1992 Supplement\u the Building Officials and Code Administration International
National Building Code, published by the Building Officials and Code Administrators,*un1West
F\nmemoor Road,Country Club Hills,Illinois eoo70-578b;and
o. The 1992 Amendments to the Southern Building Code Congress(SBCC)Standard Building
Code,published bytheSuuthemBvi\dingoodmCongresa|nuamaUona|.oO0Mnntc|o|,nmou.
Birmingham,Alabama 35u1u-1zos.
u Revisions to the model codes listed above that are substantially equivalent or exceed the then current
or immediately preceding edition of the NEHRP recommended provisions,as it is updated, may be
approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41.
3 local, otherjurisdictional u building �inan�sauopdngand enh,mingmomodel
codes� ----.listed---- ��.e'.intheirentirety,without significant revisions or changes in the direction of less
seismic safety,meet the requirement of49CpR Part 41.
G. Sponsor Certification for | General requirements on the drug-free workplace
within Federal grant programs are described m Title*8.CFR. Part ce and the Drug-Free Workplace Act
of1980. Sponsors are required to certifythey will provide,nr will continue x»provide,adrug-free
workplace in accordance with the regulation.
1 Ao�� ���nthasbeon� Ube)published nmUyingenm|o that the un|ew�|monu��una.
� distribution,dispensing,possession,or use of a controlled substance is prohibited in the Sponsor's
workplace,and specifying the actions to be taken against employees for violation of such prohibition.
2. An ongoing drug-free awareness program has been(will be)established to inform employees about:
e. The dangers of drug abuse in the workplace;
u. The oponoor's policy m maintaining o drug-free workplace;
c. Any available drug counseling,rehabilitation,and employee assistance programs;and
u. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
o, Each employee to be engaged in the performance of the work has been(will be)given a copy of the
statement required within item 1above.
4. Employees have been(will be)notified in the statement required by item 1 above that,as a condition
of employment under this grant,the employee will:
a. Abide uv the terms ox the statement;and
u. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction.
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5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice,including position title of the employee,to the FAA. Notices shall
include the project number of each affected grant.
6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b
above with respect to any employee who is so convicted:
a. Take appropriate personnel action against such an employee,up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973,as amended;or
b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State,or local health, law enforcement,or
other appropriate agency.
7. A good faith effort will be made to continue to maintain a drug-free workplace through implementation
of items 1 through 6 above.
III. GENERAL CONDITIONS
A. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration under 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(s)without undue delays and in accordance with the
terms hereof,and such regulations and procedures as the Secretary shall prescribe.
D. The FAA reserves the right to unilaterally terminate this grant if the Sponsor does not make at least one
draw down of funds under their Letter of Credit or submit at least one written Request for Reimbursement,
as applicable,in each twelve month period after grant acceptance.
E. The Sponsor agrees to monitor progress on the work to be accomplished by this grant. For engineering
services,the Sponsor agrees to make payment only for work that has been satisfactorily completed and
that ten percent(10%)of the total value of the engineering services contract will not be paid to the
Engineer until acceptable final project documentation is provided.
F. The Sponsor agrees to submit final grant closeout documents to the FAA within 60 days after physical
completion of the project(s),but no greater than four(4)years from the date of the grant,unless
otherwise agreed to by the FAA.
G, The FAA reserves the right to amend or withdraw this grant offer at any time prior to its acceptance by the
Sponsor.
H. This grant offer will expire,and the United States shall not be obligated to pay any part of the costs of the
project unless this grant offer has been accepted by the Sponsor on or before 30 days after this grant
offer but no later than September 30 of the federal fiscal year this grant offer was made,or such
subsequent date as may be prescribed in writing by the FAA.
I. The Sponsor shall take all steps,including litigation if necessary,to recover Federal funds spent
fraudulently,wastefully,or in violation of Federal antitrust statutes,or misused in any manner in any
project upon which Federal funds have been expended. For the purposes of this grant agreement,the
term"Federal funds"means funds however used or disbursed by the Sponsor that were originally paid
pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to
any determination of the amount of the Federal share of such funds. It shall return the recovered Federal
share,including funds recovered by settlement,order or judgment,to the Secretary. It shall furnish to the
Secretary,upon request,all documents and records pertaining to the determination of the amount of the
Federal share or to any settlement,litigation,negotiation,or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor,in court or otherwise,involving the recovery of such
Federal share shall be approved in advance by the Secretary.
J. The United States shall not be responsible or liable for damage to property or injury to persons that may
arise from,or be incident to,compliance with this grant agreement.
K. If,during the life of the project,the FAA determines that this grant amount exceeds the expected needs of
the Sponsor by$5,000 or five percent(5%),whichever is greater,this grant amount can be unilaterally
reduced by letter from FAA advising of the budget change. Conversely,with the exception of planning
projects,if there is an overrun in the eligible project costs, FAA may increase this grant to cover the
amount of the overrun not to exceed the statutory fifteen(15%)percent limitation for primary airports or
either by not more than fifteen percent(15%)of the original grant amount or by an amount not to exceed
twenty-five percent(25%)of the total increase in allowable project costs attributable to the acquisition of
land or interests in land,whichever is greater,based on current credible appraisals or a court award in a
condemnation proceeding for non-primary airports.FAA will advise the Sponsor by letter of the increase.
Planning projects will not be increased above the planning portion of the maximum obligation of the
United States shown in this grant agreement. Upon issuance of either of the aforementioned letters,the
maximum obligation of the United States is adjusted to the amount specified. In addition,the Sponsor's
officially designated representative,is authorized to request FAA concurrence in revising the project
description and grant amount within statutory limitations. A letter from the FAA concurring in the said
requested revision to the project work description and grant amount shall constitute an amendment to this
Grant Agreement.
5 of 20
L Electronic Grant Payment(s): The requirements set forth in these terms and conditions supersede
previous financial invoicing requirements for FAA grantees. Each payment request under this grant
agreement must be made electronically via the Delphi eInvoicing System for Department of
Transportation(DOT)Financial Assistance Awardees. The following are the procedures for accessing
and utilizing the Delphi einvoicing System.
1 Grant Recipient Requirements.
(1) Grantees must have Internet access bo register and submit payment requests throughthe
DolphiemvuidnU system unless,under limited circumstances,a waiver m granted oythe
FAA and DOT under section(n)below.
(2) Grantees must submit payment requests electronically and the FAA will process payment
requests electronically.
u. System User Access.
(1} Grantees must contact the FAA Airports District/Regional Office and officially submit a written
request^o sign up for the system.The FAA Office of Airports wi||pow|dotAegran&ae'enomo.
email address and telephone number to the DOT Financial Management Office.The DOT will
then invite the grantee via email tosign up for the system and require the grantee 0ocomplete
two forms. The grantee will complete eweb based DOT registration fnmo and download the
Proof o[Identification form mverify the grantee's identity.
(z) The grantee must complete the Proof of Identification form,and present it to a Notary Public for
verification.The grantee will return the notarized form mi
DOT Enterprise Services Center
FAA Accounts Payable,AMZ-1oo
PD Box 2e71O
Oklahoma City,OK73125
(o) The DOT will validate the both forms and email u user|D and password uo the grantee.
Grantees should contact the FAA Airports DisthoVRoqiona|Office with any changes totheir
system information.
Note:Additional mmnnaxion,including access forms and training mate,ia|m,can be found on
theDOTe|nvoioingwnbnite(hun://wvmv.dm.gov/cfo/de|phieinvoicing-system.htmV.
n. Waivers.
(1) DOT Financial Management officials may,onacase by case basis,waive the requirement m
register and use the electronic grant payment system based on user requests and concurrence
of the FAA.Waiver request forms can ba obtained nn the DOT e|nwoicinowau site
(hftp://www,dot.gov/cfo/delphi-einvoicing-system.html)or by contacting the FAA Airports
District/Regional Office.Recipients must explain why they are unable to use or access the
|memntoo register and enter payment requests.
(2) All �i requests should be sent to the FAA Airports District/Regional Office for nonounonma.
prior u,=~ndinSmU,noirectoro[theOffimnofFmancio|Managnmnnt. uaDepartment of
Transportation,Office v[Financial Management, o-3o.room W93-431. 1uoo New Jersey
Avenue SE,Washington DC2059O-onn1. ov.The Director v/
the DOT Office n,Financial Management will confirm or deny the request within approximately
aOdays.
(3) If a grantee is granted a waiver,the grantee should submit all hard-copy invoices directly to:
DOT/FAA
pO Box uaOo2
AMZ-11O
Oklahoma City,OK73125
M. Unless otherwise approved by the FAx,itwiwillnot acquire or permit any contractor or subcontractor m
i eo|ormon�am �udprodumopmgunauou� th
e--`---` m development nr noise compatibility for which funds are provided under this grant. The Sponsor
will include in every contract aprovision implementing this condition.
N. System for Award ManagementmooimtrationandUnivormm||d*nvfierRmvmnemenua
t Requirement for System for Award Management(8Am)Registration
Unless you are exempted from this requirement under CFncs.11o. you as the recipient must
maintain the currency of your information in the O8M until you submit the final financial report
required under this award or moniva the final payment, whichever is later. This requires that you
review and update the information at least annually after the initial registration,and more frequently if
required by changes m your information or another award term.
2. Requirement for Data Universal Numbering System(]UwS)Numbers
\f you are authorized»o make suuawandn under this award,you:
a. must notify potential aubrecipients that no entity(m,o definition in paragraph c of this award term)
may receive asuuowavd from you unless the entity has provided its DUNS number myou.
b. May not make ooubaward toan entity unless the entity has provided its DUNS number myou.
6of2U
3. Definitions
For purposes of this award term:
aRegistration means the Federal repository into
which an entity must provide information required for the conduct of business as a
recipient.Additional information about registration procedures may be found at the SAM
Internet site(currently at http://www.sam.gov).
b. NumberingData Universal System(DUNS)number the i diitnumbe,
established and assigned Dun and Bradstreet,Inc.(D&B)m uniquely identify o
entities.AoUN8 number may be obtained from D&B by telephone(currently 866-705-
5711)or the Internet(currently at http.*Ilfedgov.dnb.comAvebform).
c. Entity,asit is used in this award term,means all of the following,as defined at 2 CFR part 25,
uuupartc
1> A Governmental organization,which is a State,local government,or Indian Tribe;
2) A foreign public entity;
5) A domestic or foreign nonprofit organization;
4) A domestic or foreign for-profit organization;and
5> A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal
entity.
d. 8ubowmut
1> This term means o legal instrument to provide support for the performance m any portion cK
the substantive project or program for which you received this award and that you osthe
recipient award$oen eligible oubneoipienL
2) The term does not include your procurement of property and services needed to carry out the
project or program(for further explanation,see Sec.21Onf the attachment^n OMB Circular
A-1 33,"Audits of States,Local Governments,and Non-Profit Organizations")..A subaward
may be provided through any legal ugmement,including an agreement that you consider
contract.
e. Sub/enipient means anentity that:
1. Receives onubmword from you under this award;and
ii Is accountable to you for the use of the Federal funds provided by the subaward.
iii xmube*and may be provided through any legal agmemont,including an agreement that you
consider acontract.
O. |f this grant agreementindudoopavemontwmrkthateqvolsnrexzeeda*250.000.thoSponaorwiU
perform the following:
1 Furnish m^oFAApdor0x�e�aunfcons�uuUon*h�hahaU
�
detail the measures and procedures
u vaua used tu comply wd m� aqua|Kycontrn|pm m th
e
construction contract,|nu|uding,but not limited to,all quality control provisions and tests required by
the Federal specifications. The program shall include asominimum:
a The name of the pe�unnap�smmingmeSponsor who has ovenannaapnnsiuin fo
r� odminiotratiunfor the project and the authority tu take necessary actions m 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 tnueprovided.
o Procedures for determining laboratories meet the requirements o[�e American� Society of Testing Materials standards on laboratory evaluation,referenced in the contract
specifications(m30wm.o1u77).
d. Qualifications of engineering supervision and construction inspection personnel.
e A listing of all tests required by the contract speoificatinnn,including the type and frequency of
tests u,ue taken,the method of sampling,the applicable test standard,and the acceptance
criteria or tolerances permitted for each type of test.
t 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.
u Submit at completion m the project,o final test and quality control report documenting the results u,
all tests performed,highlighting those tests that failed or did not meet the applicable test standard.
The nshallinclude�e reductions applied and out-of-tolerance
m—'�i An interim test and quality control report shall besubm1ad.nr requested by the FAA.
3. Failure to provide a complete report as described in paragraph 2,or failure to performsunh teats
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 performed or not
documented and will be commensurate with the proportion of applicable pavement with respect to the
total pavement constructed under this grant agreement,
4. The pAA,at its discretion,reserves the right m conduct independent tests and to reduce grant
payments accordingly if such independent tests determine that Sponsor tests results are inaccurate.
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P. 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 following provisions:
Pavement Maintenance Management Program
An effective pavement maintenance management program is one that details the procedures to be
followed to assure that proper pavement maintenance,both preventive and repair,is performed. An
airport sponsor may use any form of inspection program it deems appropriate. The program must,as a
minimum„ include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
a. Location of all runways,taxiways,and aprons;
b. Dimensions;
c. Type of pavement,and;
d. Year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program(AIP)assurances, pavements that have been
constructed„ reconstructed,or repaired with federal financial assistance shall be so depicted.
2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available;i.e., Pavement Condition Index(PC])survey as set
forth in Advisory Circular 150/5380-6,"Guidelines and Procedures for Maintenance of Airport
Pavements,"the frequency of inspections may be extended to three years.
b. Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to
detect unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years. The types of
distress,their locations,and remedial action,scheduled or performed,must be documented. The
minimum information to be recorded is listed below:
a. Inspection date„
b. Location;
c. Distress types;and
d. Maintenance scheduled or performed.
For drive-by inspections,the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport Sponsor may use any form of record keeping it deems
appropriate;so long as the information and records produced by the pavement survey can be
retrieved to provide a report to the FAA as may be required.
S. Reference. Refer to Advisory Circular 150/6380-6,"Guidelines and Procedures for Maintenance of
Airport Pavements,"for specific guidelines and procedures for maintaining airport pavements and
establishing an effective maintenance program. Specific types of distress,their probable causes,
inspection guidelines,and recommended methods of repair are presented.
Q. Takeover of Instrument Landing System and Associated Equipment in Project. If this grant includes
an instrument landing system and associated equipment and the FAA has agreed to takeover the system
and equipment,the Sponsor must check the facility prior to its commissioning to assure it meets the
operational standards. The Sponsor must also remove,relocate,or lower each obstruction on the
approach,or provide for the adequate lighting or marking of the obstruction if any aeronautical study
conducted under FAR part 77 determines that to be acceptable,and mark and light the runway,as
appropriate.
R. Airport-Owned Visual or Electronic NAVAIDS In Project. If this grant includes a visual or electronic
navigational aid,the Sponsor must provide for the continuous operation and maintenance of any
navigational aid funded under the AIP during the useful life of the equipment and check the facility prior to
its commissioning to assure it meets the operational standards. The Sponsor must also remove,relocate,
or lower each obstruction on the approach or provide for the adequate lighting or marking of the
obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable,and
mark and light the runway,as appropriate. The FAA will not take over the ownership,operation,or
maintenance of any sponsor-acquired equipment other than an AIP-funded instrument landing system
and associated equipment where FAA agrees to take over the system and equipment.
S. Non-AIP Work in Application. It is understood and agreed by and between the parties hereto that
notwithstanding the fact that a Project Application may include therein the construction of work not
included in this grant agreement project description,said work shall not be a part of this project and,if or
to the extent accomplished by the Sponsor,such accomplishment shall be without any participation in the
costs thereof by the United States under this project. It is further understood and agreed that,in the
event the work which is excluded from the project is accomplished by the Sponsor,the Sponsor shall
maintain as a portion of the cost records covering this project,separable cost records pertaining to the
above-identified work excluded from Federal participation under this project,which records shall be made
available for inspection and audit by the FAA to the end that the cost of the excluded work may be
definitely determined.
8 of 20
It is further understood and agreed that the Sponsor will submit a Program Statement/cost estimate
depicting the excluded costs or a cost estimate depicting only those costs eligible for Federal participation
in this project.
T. Utility Relocation in Project. It is understood and agreed by and between the parties hereto that the
United States shall not participate in the cost of any utility relocation unless and until the Sponsor has
submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such
costs. FAA participation will be limited to those utilities located on private right-of-way or utilities that
exclusively serve the Airport.
U. Revenue from Real Property—Land in Project. The Sponsor agrees that all net revenues produced
from real property purchased in part with Federal funds in this grant shall be used on the airport for airport
planning,development or operating expenses,except that all income from real property purchased for
noise compatibility purposes or for future aeronautical use be used only to fund projects which would be
eligible for grants under the Act. Income from noise or future use property may not be used for the
Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify
actual sources and uses of these funds.
V. Future Development Land. If this grant includes acquisition of land for future development,the Sponsor
agrees to implement within five years of such grant the airport development that requires this land
acquisition,unless the FAA agrees to a different duration. Furthermore,the Sponsor agrees not to
dispose of the land by sale or lease without prior consent and approval of the FAA. In the event the land
is not used within ten years for the purpose for which it was acquired,the Sponsor will refund the Federal
share of acquisition cost or the current fair market value of the land,whichever is greater, unless the FAA
agrees to a different duration.
W. Runway Protection Zones. The Sponsor agrees to take the following actions to maintain and/or acquire
a property interest,satisfactory to the FAA, in the Runway Protection Zones:
1. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the
erection or creation of any structure or place of public assembly in the Runway Protection Zone,
except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the
FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or
discontinued unless approved by the FAA.
2. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all
steps necessary to ensure that the owner of the land within the designated Runway Protection Zone
will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which
might create glare or misleading lights or lead to the construction of residences,fuel handling and
storage facilities,smoke generating activities,or places of public assembly,such as churches,
schools,office buildings,shopping centers,and stadiums.
3. Future Interest in the Runway Protection Zone:The Sponsor agrees that it will acquire fee title or
less-than-fee interest in the Runway Protection Zones that presently are not under its control under
an agreed schedule with the FAA. Said interest shall provide the protection noted in above
Subparagraphs 1 and 2.
Noise Projects on Privately Owned Property. No payment shall be made under the terms of this grant
agreement for work accomplished on privately owned land until the Sponsor submits the agreement with
the owner of the property required by Assurance 5d of the ASSURANCES Airport Sponsors,and such
agreement is determined to be satisfactory. As a minimum,the agreement with the private owner must
contain the following provisions:
1. The property owner shall subject the construction work on the project to such inspection and approval
during the construction or installation of the noise compatibility measures and after completion of the
measures as they may reasonably be requested by the Secretary or the Sponsor.
2. The property owner shall assume the responsibility for maintenance and operation of the items
installed,purchased,or constructed under this grant agreement. Neither the FAA nor the Sponsor
bears any responsibility for the maintenance and operation of these items.
3. If Federal funds for the noise compatibility measures are transferred by the Sponsor to the owner of
the private property,or the owner's agent,the property owner shall agree to maintain and make
available to the Secretary or the Sponsor,upon reasonable request,records disclosing the amount of
funds received and the disposition of those funds.
4. The property owner's right to sue the owner of the noise-impacting Airport for adverse noise impacts
will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the
effectiveness of the noise compatibility measures during the useful life of such measures. This
obligation shall remain in effect throughout the useful life of the noise compatibility measures,but not
to exceed 20 years from the date of the Sponsor's acceptance of federal aid for the project.
Update Approved Exhibit"A"For Land in Project. It is understood and agreed by and between the
parties hereto that notwithstanding the fact that this grant offer is made and accepted upon the basis of
the current Exhibit"A"Property Map,the Sponsor hereby covenants and agrees that upon completion of
an AIP funded land acquisition project,it will update said Exhibit"A"Property Map to standards
satisfactory to the FAA and submit said documentation in final form to the FAA. It is further mutually
agreed that the reasonable cost of developing said Exhibit"A"Property Map is an eligible administrative
cost for participation within the scope of this project.
Friction Measuring Devices. If this grant includes acquisition of friction measuring devices,the Sponsor
assures that it will properly calibrate,operate,and maintain the friction measuring equipment in
accordance with the manufacturer's guidelines and instructions and Advisory Circular 150/5320-12. The
friction measuring equipment and tow vehicle(if applicable)shall not be used for any other purpose other
9 of 20
than for conducting friction measuring tests on airport pavement surfaces and directly related activities,
such as training and calibration.
AA.Low Emission Systems. If this grant includes low emission systems work,the Sponsor agrees to the
following conditions under the Voluntary Airport Low Emission(VALE)program:
1. Vehicles and equipment purchased with assistance from this grant shall be maintained and used for
their useful life at the airport for which they were purchased. Moreover,any vehicles or equipment
replaced under this program shall not be transferred to another airport or location within the same or
any other nonattainment or maintenance area. No airport-owned vehicles or equipment may be
transferred to,taken to,or used at another airport without the consent of the FAA in consultation with
the United States Environmental Protection Agency and State air quality agency.
2. All vehicles and equipment purchased with assistance from this grant shall be clearly labeled using
the VALE program emblem designed by the FAA.
3. The Sponsor shall maintain annual reporting records of all vehicles and equipment purchased with
assistance from this grant. These public records shall contain detailed information involving individual
vehicles and equipment,project expenditures,cost effectiveness,and emission reductions.
The Sponsor certifies that it shall replace any disabled or seriously damaged vehicle or equipment
purchased with assistance from this grant, at any time during its useful life,with an equivalent vehicle or
unit that produces an equal or lower level of emissions. The Sponsor assumes all financial responsibility
for replacement costs. The Sponsor also certifies that it shall fulfill this replacement obligation, beyond
the useful life of the affected vehicle or equipment, for the possible longer life of Airport Emission
Reduction Credits that were granted to the Sponsor for this vehicle or equipment.
M ASSURANCES
The following FAA document titled ASSURANCES Airport Sponsors,dated April 2012,is incorporated as part
of these Terms and Conditions:
Assurances
Airport Sponsors
April 2012
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development,airport planning,and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting
funds under the provisions of Title 49, U.S.C.,subtitle VII,as amended. As used herein,the term"public
agency sponsor"means a public agency with control of a public-use airport;the term"private sponsor"
means a private owner of a public-use airport;and the term"Sponsor"includes both public agency
sponsors and private sponsors.
3, 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, 18,30,32,33,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.
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.
10 of 20
b. Davis-Bacon Act'oo�S.C.276(a).et seg.'
c Federal Fair Labor Standards Act-2SU.EiC.20.ut sea.
d. Hatch Act—5U.8.C. 15U1.s�om�'
o. Uniform Relocation Assistance and Real Property Acquisition Policies Act of1S0Title 42U.G.C.
4601,at seg.12
[ National Historic Preservation Act of1e8G'Section 1Ob-1GU�S.C.47O0.,
g. Archeological and Historic Preservation Act nf1y74 16U.8.C.489 through*O9n.'
h. Native Americans Grave Repatriation Act'uoU.O.C.Section uon1.et seg.
i Clean Air Act,Pl.So'1^o.onamended.
j. Coastal Zone Management Act,p.L.93-2O5.asamended.
k. Flood Disaster Protection Act o,1u7n'Section 1ou(o)'4uu.S.C.4u1aa.'
|. Title*9. U.G.C..Section 000.(formerly known es Section*UD)
m. Rehabilitation Act of1973'2SU.S.C.734.
n. Civil Rights Act of19S4 Title V|'4cU.S.C.oOOOd through d-4.
n. Age Discrimination Act of1e75-42U.8.C.O1O1.ot smeg^
p. American Indian Religious Freedom Act,P.Ls5-341. oeamended.
q. Architectural Barriers Act o[13O8-4oU.G.C.4151.n1 seg.'
r. Power plant and Industrial Fuel Use Act of1o7a'Section*oa-2U.G.C.Gur3.`
a. Contract Work Hours and Safety Standards Act'*OU.S.C.3u7.et seg.'
t. Copeland Anti-kickback Act'1OU.e.o.or4.1
u. National Environmental Policy Act m1eoe-42U.8.C.4321.m1meg.'
v. Wild and Scenic Rivers Act,P.L.9D'542.aoamended.
w. Single Audit Act of198*'31 U.s.C.75O1.gle�
x. Drug-Free Workplace Act of188n'41 U.S.C.TUo through roe.
Executive Orders
Executive Order 11240-Equal Employment Opportunity'
Executive Order 1199O'Protection ofWetlands
Executive Order 11000—Flood Plain Management
Executive Order 12372'Intergovernmental Review of Federal Programs
Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction'
Executive Order 10000-Environmental Justice
Federal Regulations
a. 14CFRPart 13'Investigative and Enforcement Procedures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
u. 14CFR Part 1so Airport noise compatibility planning.
d, 29cpR Part 1 'Procedures for predetermination of wage mtem,^
o. 29 CFR Part 3-Contractors and subcontractors on public building or public work financed in whole or
part»y loans orgrants from the United Stateo.'
[ 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed and
assisted construction(also labor standards provisions a |icaolemnon'conounctionnmntnems
subject to the Contract Work Hours and Safety Standards Act).'
8 41CFR Part eo-Office of Federal Contract Compliance Programs,Equal E p�wmontOppu�unhy.
Dapanmentof Labor(Federal and fodonsUyaooimadpon�a�ingmquimmenm).'
». 48CFRPart 18'undo�nadmininu�uva�wuimmonmfurumn�and000ponsdvoaQmomen��s��
and local governments.
|. 4oCFR Part 2O'New restrictions onlobbying.
]. 4VCFn Part m 'Nondiscrimination m federally-assisted programs of the Department ov
Transportation effectuation nf Title v|m the Civil Rights Act m1eo4.
k, 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions.
|. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs.^'
m 400FnPart 2e—Participation ey Disadvantaged Business Enterprises in Department of
Transportation Programs.
11wf2O
n. the basis of handicap in programs and activities receiving or
benefiting from Federal financial assistance.'
o 4nCFn Part 2S—Government wide debarment and suspension(nonpmcurement)and government
wide requirements for drug-free workplace(grants).
p. 49CFR Part uO Denial of public works contracts to suppliers of goods and services of countries that
deny procurement market access mU.O.contractors.
q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building
construction.'
Office ox Management and Budget Circulars
a. A,87-Cost Principles Applicable vnGrants and Contracts with State and Local Governments.
b. /+1oo-Audits ov States, Local Governments,and Non-Profit Organizations
^ These laws dn not apply ux airport planning sponsors.
, These laws oo not apply m private sponsors.
» 49 CFR part 18 and OMB Cimu|ar /+ar contain requirements for State and Local Governments nscn|vmg
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.
Gpeomo assurances required to be mo|uueu in grant agreements by any of the above |aws, regulations or
circulars are incorporated hy reference in this grant agreement.
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2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:It has legal authority to apply for this grant,and to finance and carry out
the proposed project;that a resolution,motion or similar action has been duly adopted or passed 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 required.
b. Private Sponsor: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.
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 Secretary to ensure that the
airport will continue to function as a public-use airport in accordance with these assurances for the
duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person
other than the Sponsor or an employee of the Sponsor,the Sponsor will reserve sufficient rights and
authority to insure that the airport will be operated and maintained in accordance Title 49, United
States Code,the regulations and the terms,conditions and assurances in this grant agreement and
shall insure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in
permission for the owner or tenant of a property used as a residence,or zoned for residential use,to
taxi an aircraft between that property and any location on airport. Sponsors of general aviation
airports entering into any arrangement that results in permission for the owner of residential real
property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law
112-95 and the sponsor assurances.
6. Consistency with Local Plans.The project is reasonably consistent with plans(existing at the time of
submission of this application)of public agencies that are authorized by the State in which the project is
located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.It has given fair consideration to the interest of communities in or near
where the project may be located.
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S. Consultation with Users.In making a decision to undertake any airport development project under Title
49, United States Code, it has undertaken reasonable consultations with affected parties using the airport
at which project is proposed..
9. Public Hearings.In projects involving the location of an airport,an airport runway,or a major runway
extension,it has afforded the opportunity for public hearings for the purpose of considering the economic,
social,and environmental effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,when requested by the
Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects, it
has on its management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary concerning a
proposed project.
10. Air and Water Quality Standards.In projects involving airport location,a major runway extension,or
runway location it will provide for the Governor of the state in which the project is located to certify in
writing to the Secretary that the project will be located,designed,constructed,and operated so as to
comply with applicable air and water quality standards, In any case where such standards have not been
approved and where applicable air and water quality standards have been promulgated by the
Administrator of the Environmental Protection Agency,certification shall be obtained from such
Administrator.Notice of certification or refusal to certify shall be provided within sixty days after the project
application has been received by the Secretary.
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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
49, United States Code.However,this preference shall apply only where the individuals are available and
qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications,and
schedules approved by the Secretary.Such plans,specifications,and schedules shall be submitted to the
Secretary prior to 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 this grant agreement,
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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.m carrying out planning projects:
o. |t will execute the project in accordance with the approved program narrative contained in the project
application or with the modifications similarly approved.
u. |t will furnish the Secretary with such periodic reports as required pertaining oo the planning project
and planning work activities.
o. It will include in all published material prepared in connection with the planning project a notice that
the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public,and agrees that no material
prepared with funds under this project shall bosubject to copyright in the United States ur any other
country.
e. It will give the Secretary unrestricted authority to publish,disclose, distribute,and otherwise use any
nf the material prepared in connection with this grant.
r |t will grant the Secretary the right to disapprove the Sponsors omn|oymentn[opecifinnnnsu|tanm
and their subcontractors todo all orany partnf this project as well as the right to disapprove the
proposed scope and cost of professional services.
O. |t will grant the Secretary the right 0o disapprove the use o,the Sponsors employees muo all orany
part of the project.
h. It understands approval n,this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
assurance or commitment un the part of the Secretary m approve any pending or future application
for a Federal airport grant.
19. Operation and Maintenance.
a. The airportonduUfaci|m*nwmohaneno a w serve the aeronautical users u/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
suitablywill m and maintain the airport andaofacinnestheeonnrnonnectedtherewith with due
non-
aeronauticalpurposesmust first ho approved bv the Secretary. m furtherance o,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
n) 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 nr other climatic conditions interfere with
such upanodon and maintenance. Further, nothing herein shall be construed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility which is substantiallyuomagodorrstmyedduoo,anaotufGodnrnmeronnduinnormrcumstonoebnynnumenontm|n[
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 HazamRemoval and MinQauion.nwm take oppmpri�ea�|onm assure matsuch terminal aimpaueaa
� iamqune�vopm�nUn u visual �� to the (| dud�Oe�am|nhodmin|mumnNh
� ��� removing,lowering,relocating,marking,or altitudes) .
or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future
airport hazards.
21. Compatible Land Use n will take appropriate action,m the extent reasonable,including the adoption m
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.
uu. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust
discrimination m all types,kinds and classes of aeronautical activities,including commercial
aeronautical activities offering services m the public at the airport.
b. |n any agreement,contract,lease,or other arrangement under which a right or privilege at the aio �min granted m any person,firm,o,corporation,o conduct o,uo engage in any aeronautical activity for
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furnishing services to the public at the airport,the Sponsor will insert and enforce provisions requiring
the contractor to-
t) 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 such airport.
e. Each air carrier using such airport(whether as a tenant,non tenant,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 non tenants and signatory carriers and non signatory 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 airport 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 authorized 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.
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 permit no exclusive right for the use of the airport by any person providing,or
intending to provide,aeronautical services to the public.For purposes of this paragraph,the providing of
the services at an airport by a single fixed-based operator 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 directly or indirectly,grant or permit any person,
firm,or corporation,the exclusive right at the airport to conduct any aeronautical activities,including,
but not 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 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
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airport owner or operator's facilities,including the airport,to support not only the airport but also
the airport owner or operators 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.
l 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"the private owner" for any purpose other than land acquisition on or after October -
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 mogeneral aviation airport(as defined at Section 47102 of title 49Unhed States Code),if
the FAA determines the airport sponsor meets the requirements set forth in Sec.O13ofPublic
Lmw112'S5,
b. As part of the annual audit required under the Single Audit Act nf1emu the Sponsor will direct that
the audit will review,and the resulting audit report will provide an opinion concerning,the use of
airport revenue and taxes in paragraph(a),and indicating whether funds paid or transferred to the
owner or operator are paid or transferred in a manner consistent with Title 49,United States Code
and any other applicable provision of law,including any regulation promulgated by the Secretary or
c. Any civil penalties or other sanctions will he imposed fnrvio|adonofthisoasunannmmaoonmonce
with the provisions o,Section 471O7of Title 4e.United States Code.
os. nmpvns and Inspections.nwill:
a. submit m the financial and operationsreports aa the Secretary may
reasonably request and make such reports available to the public;make available to the publicat
reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects,make the airport andall 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;
o for icompatibilitypmgrampoiemm.makerenn�manuuoovmenmne|aUngvo and
� '- :umo|ianmowxhthe1erms.00ndit|una.andasounan�mofthia t agreement including
continued x ' � regulations,and �qi|ab|efor inspe�nnuy any duly
deeds, *aoea.agreemon .eO . .
authorized agent of the Secretary upon reasonable request;and
u. in a format and time prescribed by the Secretary,provide to the Secretary and make available to the
public following each nf its fiscal years,on annual report listing indetail:
|. all amounts paid by the airport to any other unit of government and the purposes for which each
such payment was made;and
//. all services and provided uy the airport to other units nf government and the amount ov
compensation received for provision m each such service and property.
27. Use uy Government�in;eM-n will make available all of the facilities of the airport developed w|th
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 uy
Government aircraft is substantial,charge may be madefor b|e share,proportionaltosuchumo.
for the cost o,operating and maintaini m facilities " =otherwise the
Secretary,or—otherwise agreed x,uy the Sponsor and the using agency,substantial use mon airport uy
Government aircraft will be considered to exist when operations of such aircraft are in excess mthose
which,in the opinion n,the Secretary,would unduly interfere with use of the landing areas byother
authorized aimraft,orduhnganycalemdarmnnthmou-
a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or
u. The total number nf movements(counting each landing aoa movement)nr Government aircraft|a
300nrmom or the gmeoaccumulative wm|gmufGo,om ��en,a|rcftuaing�oa|mou(� to
tal
movementn' Government aircraft multiplied by gross weights of such aircraft)is in excess of five
million pounds.
2e. Land for Federal Facilities.|t will furnish without cost m the Federal Government for use mconnection
with any air traffic control or air navigation activities,or weather-reporting and communication activities
related m air traffic control,any areas ov land p,water,orestate therein,or rights in buildings ufthe
Sponsor as�eSec���oona�e�n�emao�ordesiraWoforuons�u�on.npe��on.amdmu|�anemm
at Federal '- -na/nxpe ofs aceorraci|itieafvrnuo»purpmaen.Guoha,eosorenypomonthoen[wU|be
made available o �opnmmndhnn*mw|thinhourmvnmoo8ermmaip«n,awhu re
quest � Secretary.
oe. /urport Layout Plan.
o |�wiUhoopupmdmua��aUVmeaenairport| tp|enof theairport hmwing(;unundahemofme
� osed additions�e�m mupm *hhthe uounoaheaofaUoOsuoomasm*�dor
airport----�--'
controlled y the Sponsor for airport purposes and proposed additionsthereto;(2)the location and
nature of allexicti d proposedairport facilities and structures(such oorunways,taxiways,
aprons,terminal buildings,ga honoamand m '
euo) induumganpmpooeunx� m reductions m
extensions and
exist facilities;(3)the location of all existing and proposed non-aviation areas and of all
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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.
u If a change or alteration in the airport or the facilities is made which the 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 thereoO to a site acceptable to the Secretary and all costs of restoring such property(or
replacement thereoO 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 iU comply with such rules as are promulgatedm assure that no personnxax 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 transferee for the longer of the following periods:(a)the period during which the property is used
for a purpose for which Federal financial assistance is extended,or for another purpose involving the
provision of similar services or benefits,or(b)the period during which the Sponsor retains ownership or
possession of the property.
ot Disposal n,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 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 eliglble 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. .
u� For land purchased under a grantfo airport deve em purposes(other than noise cnmpatm|uv) u
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,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)ur serve os noise buffer land,
and(2)the revenue from interim uses of such land contributes to the financial self-sufficiency of the
airpopurchased i� treceivedbyairportoperamrormwnoru�onu
December a1. 1oe7.will on considered mue neededhv i rt purposesifmeaonmtaryorreuena|
agency making such grant before December n1. 18e7.was notified by the operator or owner mthe
uses of such land, object to such use,and the land continues mue used for that purpose,
such use having commenced nu later than December 15. 1888.
u. Disposition m such land under(e)(Wor(c)will besubject to the retention nr reservation ofany
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 n[the airport.
32. Engineering and Design Services.It will award each contract,or sub-contract for program
management,construction management,planning�mdion osaoibi||��odina.a�m$ m architectural services,
preliminary
engineering,design,engineering,surveying,mapping or related services with respect mthe
project in the same manner as a contract for architectural and engineering services is negotiated under
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Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-
based requirement prescribed for or by the Sponsor of the airport.
33. Foreign Market Restrictions.It will not allow funds provided under this grant to be used to fund any
project which uses any product or service of a foreign country during the period in which such foreign
country is listed by the United States Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in procurement and construction.
34. Policies,Standards,and Specifications.It will carry out the project in accordance with policies,
standards,and specifications approved by the Secretary including but not limited to the advisory circulars
listed in the"Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved
Projects®,dated(the latest approved version as of this grant offer)and included in this grant,and in
accordance with applicable state policies,standards,and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition.(1)It will be guided in acquiring real property,to the
greatest extent practicable under State law,by the land acquisition policies in Subpart B of 49 CFR Part
24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B.(2)It will
provide a relocation assistance program offering the services described in Subpart C and fair and
reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of
49 CFR Part 24.(3)It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.The airport owner or operator will permit,to the maximum extent
practicable,intercity buses or other modes of transportation to have access to the airport;however,it has
no obligation 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 administration
of its DBE program or the requirements of 49 CFR Part 26.The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved
by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry 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).
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.
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