HomeMy WebLinkAboutFAA - FYI Airport - Apron Aviation West Phase 2 - 3-06-0087-077-2015- 1./tzlt- ù"^tnr+ \þ,;c frfn44)- PtmctVO O'llaf
Sponsor 3-06-0087 -01 7 -20I5
r.Ù,\ry
U,S. Departmeñt
of Transportation
Federal Aviation
Adminlstration
ii tt -4+5
lolz= |zo14
R.so ?a\+-liC
GRANTAGRf EMENT
Pnnr I - Orrrn
Date of Offer
Airport/Planning Area
AIP Grant Number
DUNS Number
TO: City of Fresno
September 9, 2015
Fresno Yosemite lnternationa I
3-06-0087-077 -201.5
176785079
(herein called the "Sponso/')
FROM: The United States of America {acting through the Federal Aviation Administration, herein called the
"FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 31,2015, for a grant of
Federalfunds for a project at or associated with the Fresno Yosemite lnternationalAirport, which is
irrcluded as pârt of this Grant Agreem€nt; and
WHEREAS, the FAA has approved a project for the Fresno Yosemite lnternational Airport (herein called the
"Project") consisting of the foÌlowing:
Rehabilitate Apron Aviation West Phase 2 - ConstructÍon (approximately 68,3405Y)
which Ìs more fully described in the Project Application.
NOW THERf FORË, According to the applicable provisions of the former Federal Aviation Act of 3.958, as
amended and recodified, 49 U.S.C, 40LGL, et seq., and the former Airport and Airway lmprovement Act of
1982 (AAIA), as amended and recodified, 49 U.S.C. 47L0!, et seq., (herein the AAIA grant statute is
referred to as'the Act"), the representations contained in the Project Application, and in consideration of
(a) the Sponso/s adoption and ratification of the Grant Assurances dated March 2Ot4,and the Spoilsol's
acceptance of this Offer, and (b) the benefits to accrue ìo the Un¡tÊd States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and condÍtions as herein
provIded,
THE FËDERAL AVIATION AÐMINISTRATION, FOR AND ON EEHALF OF TI{E UNITED 5TATES, HEREBY
OFFf RS ANÐ AGREES to pay 90,66 percent of the allowable costs incurred accomplishing the Project as
the United States share of th€ Project.
This Offer is made on and SUBTECTTO THE FOILOWING TERMS AND CoNDITIONS:
Sponso r 3-0 6-0081 -071 -2015
CONDITIONS
1, Maxirnum Oblieation. The maximum obligation of lhe United States payable under this Offer is
5r0,228,351.
The following amounts represent a breakdown of the maximum obligation for the purpose of establishìng
allowable arnounts for any future grant amendment, which rnay increase the foregoing rnaximum
obligation of the United States under the provisions of 49 U.5,C, Ð a7108(b):
$0 for planning
$3.0,228,351. for airport development or noise program implementation
$0 for land acquisition.
The source of this Grant may include funding from the Small Airport Fund.
2" lnelieible or Unallowable Costs. The 5ponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
3, Determinine the Final Federal Share of Costs. The United States' share of allowable project costs will be
made in accordance with the regulations, policies and procedures of lhe Secretäry. 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.
4. . The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations,policiesandproceduresoftheSecretâry. TheSponsoralsoagreestocomplywiththe
assurances which are part of this agreement.
5, Amendments or lltithdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
6, gffer Ëxpiration D?tq. This offer will expire and the United States will not be obligated to pay any part of
the costs ofthe project unless thìs offer has been accepted by the Sponsor on or before September 1.8,
2015, or such subsequ€nt date as may be prescribed in wrìting by the FAA.
7, lmnroper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to
recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner in any project upon which Federalfunds have been expended. tor the
purposes of this grant agreement, the term "tederal funds" means funds however used or dispersed by
the Sponsor that were originally paid pursuant to th¡s or any other Federal grant agreement, The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds. The Sponsor must return the recovered Federal share, Íncluding funds recovered by
settlement, order, or judgment, to the Secretary, The Sponsor must furnish lo the Secretãry, upon
request, alldocuments and records pertaining to the determinatìon of the ameunt of the Federalshare or
to any setttement, litigation, negot¡ation, or other efforts taken to recover such funds. All settlements or
other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share
require advance approval by the Secretary.
I, United States Not liable for Damage or lnisrv. The United States is not be responsible or liable for
damage to property or injury to persons which may arise fram, or be incident to, compliance with this
grant agreement"
g. Svstem for Aqard Management ÍSAMì Reeistration And Unlversal ldentifier.
A. Requirement for System for Award Management (SAM)r Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110, the Sponsor must mainlain the currency of its information in the
SAM untilthe Sponsor submits the flnal financial report required underthis grant, or receÎves the final
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20L5
payment, whichever is later. This requires that the Sponsor review and update the information at least
annually after the initial registration and more frequently if required by changes in information or
another award term. Additional information about registration procedures may be found at the SAM
website (currently at http://www.sam.gov).
B. Requirement for Data Universal Numbering System (DUNS) Numbers
1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless ít has
provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or
other entity that enters into an agreement with the Sponsor to provide services or other work to
further this project, and is accountable to the Sponsor for the use of the Federal funds provided by
the agreement, which may be provided through any legal agreement, including a contract.
2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its
DUNS number to the Sponsor.
3. Data Universal Numbering System: DUNS number means the nine-digit number established and
assigned by Dun and Bradstreet, lnc. (D & B) to uniquely identify business entities. A DUNS number
may be obtained from D & B by telephone (currently 8664924280) or the lnternet (currently at
htt p ://fedeov. d n b. co m/we bfo rm ).
10. Electronic Grant Pavment(sl. Unless otherwise directed by the FAA, the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
11. lnformal Letter Amendment of AIP Proiects. lf, during the life of the project, the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or
five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the
maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if
there is an overrun in the total actual eligible and allowable project costs to cover the amount of the
overrun provided it will not exceed the statutory limitations for grant amendments. lf the FAA determines
that a change in the grant description is advantageous and in the best interests ofthe United States, the
FAA can issue a letter to the Sponsor amending the grant description.
By issuing an lnformal Letter Amendment, the FAA has changed the grant amount or grant description to
the amount or description in the letter.
12. Air and Water Qualitv. The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. lf the Sponsor fails to comply with this requirement, the FAA may
suspend, cancel, or terminate this grant.
13. Financial Reporting and Pavment Requirements. The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submíttal of timely and accurate reports.
14. Buv American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit
any contractor or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for which funds are provided under this grant. The Sponsor will
include a provision implementing Buy American in every contract.
15. Maximum Obligation Increase For Primarv Airports. ln accordance with 49 U.S.C. 5 47108(b), as
amended, the maxímum obligation of the United States, as stated in Condition No. 1of this Grant Offer:
A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent for land project.
3
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20Is
16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part
200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on
the Federal Audit Clearinghouse's lnternet Data Entry System at http://harvester.census.gov/facweb/. The
Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office.
17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a
contractor, person, or entity.
18. Ban on Textins While Drivine.
A. ln accordance with Executive Order L3513, Federal Leadership on Reducing Text Messaging While
Drivíng, October L,2OO9, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009,
the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on behalf
ol the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such
as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting whíle driving ín all subgrants,
contracts and subcontracts.
19. Traffickine in Persons.
A. Prohibitions: The prohibítions against trafficking in persons (Prohibitions) that apply to any entity
other than a State, local government, lndian tribe, or foreign public entity. This includes private
Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are:
L. Engaging in severe forms of trafficking in persons during the period of time that the agreement is
in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect; or
3. Using forced labor in the performance of the agreement, including subcontracts or subagreements
under the agreement.
B. ln addition to all other remedies for noncomplíance that ãre available to the FAA, Section 106(g) of the
Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 710a(g)), allows the FAA to
unilaterally terminate this agreement, without penalty, if a private entity -
L. ls determined to have violated the Prohibítions; or
2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is
either:
a. Associated with performance under this agreement; or
b. lmputed to the Sponsor or subrecipíent using 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by the FAA at 49 CFR Part 29.
;P O N S O R 3 - 0 6 - 0 0 8 7 -07 7 -20 t5
20. Exhibit "4" Propertv Map. The Exhibit "4" Property Map dated 0L/20L3, is incorporated herein by
reference or is submitted wíth the project application and made part of this grant agreement.
21. Pavement Maintenance Manasement Program. The Sponsor agrees that it will implement an effective
airport pavement maintenance management program as required by Grant Assurance Pavement
Preventive Management. The Sponsor agrees that it will use the program for the useful life of any
pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. The
Sponsor further agrees that the program will
A. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," for specific guidelines and procedures for maintaining airport pavements, establishing an
effective maintenance program, specific types of distress and its probable cause, inspection guidelines,
and recommended methods of repair;
B. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive
and repair, is performed;
C. lnclude a Pavement lnventory, lnspection Schedule, Record Keeping, lnformation Retrieval, and
Reference, meeting the following requirements:
1. Pavement lnventory, 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.
2. lnspection Schedule.
a. Detailed lnspection. A detailed inspection must be performed at least once a year. lf a history
of recorded pavement deterioration is available, i.e., Pavement Condition lndex (PCl) survey as
set forth in the Advisory Círcular 150/5380-6, the frequency of inspections may be extended to
three years.
b. Drive-By lnspection. A drive-by inspection must be performed a minimum of once per month
to detect unexpected changes in the pavement condition. For drive-by inspections, the date of
ínspection and any maintenance performed must be recorded.
3. Record Keeping. Complete informatíon 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 type
of distress, location, and remedial action, scheduled or performed, must be documented. The
minimum information is:
a. lnspection date;
b. Location;
c. Distress types; and
d. Maintenance scheduled or performed.
4. lnformation Retrieval System. The Sponsor must be able to retrieve the information and records
produced by the pavement survey to provide a report to the FAA as may be required.
22. Proiect which Contain Pàvine Work in Excess of 5500.000. The Sponsor agrees to:
A.
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20L5
Furnish a construction management program to the FAA prior to the start of construction which
details the measures and procedures to be used to comply with the quality control provisions of the
construction contract, including, but not limited to, all quality control provisions and tests required by
the Federalspecifications. The program must include as a minimum:
L. The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actíons to comply with the
contract.
2. Names of testing laboratories and consultíng engineer firms with quality control responsibilities on
the project, together with a description of the services to be provided.
3. Procedures for determining that the testing laboratories meet the requirements of the American
Society of Testing and Materials standards on laboratory evaluation referenced in the contract
specifications (D 3666, CIO77l.
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of
tests to be taken, the method of sampling, the applicable test standard, and the acceptance
criteria or tolerances permitted for each type of test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily, and that the proper corrective actions, where necessary, are undertaken.
Submit at completion of the project, a final test and quality assurance report documenting the
summarv results of all tests performed; highlighting those tests that indicated failure or that did not
meet the applicable test standard. The report must include the pay reductions applied and the
reasons for accepting any out-of-tolerance material. Submit interim test and quality assurance reports
when requested by the FAA.
Failure to provide a complete report as described in paragraph b, orfailure to perform such tests, will,
absent any compelling justification; result in a reduction in Federal part¡cipation for costs incurred in
connection with construction of the applicable pavement. Such reduction will 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 the grant agreement.
The FAA, at its discretion, reserves the ríght to conduct independent tests and to reduce grant
payments accordingly if such independent tests determine that sponsor test results are inaccurate.
B
c.
D.
sPoNsoR 3-06-0087 -077 -20!5
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this ¡nstrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, consti-
tutíng the contractual obligations and rights of the United States and the Sponsor with respect to the
accomplíshment of the Project and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMIN ¡STRATION
James W. Lomen
(Typed Nome)
Manager
(ritte)
'd
\,9q1 ). i. '
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20L5
Pnnr ll - Acceprnruc¡
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in
the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of
the terms and conditions in this Offer and ín the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.l
Executed thís day of
City of Fresno
(Name of Sponsor)
Daniel T. Weber
Assistant Director of Aviation, City of Fresno totive)
Titls:-
(Title of Sponsor's Designøted Officiol Representotive)
CERTIFICATE OF SPONSOR'S ATTORNEY
l, âcting as Attorney for the Sponsor do hereby certify:
That in my opiniol the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws
of the State of . Further, I have examined the foregoing Grant Agreement and the
actions taken by said 9fonsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State and
the Act. ln addition, for grants involving projects to be carried out on property not owned by the Sponsor,
there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with
the terms thereof.
1 Knowingly and willfully providing false ínformation to the Federal government is a violation of 18 U,S.C.
Section L001 (False Statements) and could subject you to fines, ímprisonment, or both.
By:
By:
(Signature of Sponsor's Attorney)
Deputy
A.
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -201,s
ASSURANCES
ArRpoRr Spo¡¡soRs
General.
a. These assurances shall be complíed with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for airport
sponsors.
b. These assurances are required to be submitted as part of the project applicatíon by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle Vll, as amended. As
used herein, the term "public agency sponsor" means a publíc agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
c. Upon acceptance ofthis grant offer by the sponsor, these assurances are incorporated in
and become part of this grant agreement.
Duration and Applicability.
t. 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 compatibílity 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,thereshallbenolimitonthedurationoftheassurancesregardingExclusive
Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on
the duratíon 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
assura nces.
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 ínstalled 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 (L0)
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 L,2,3,5, 6, 73, 18,25,30,32,
33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of thís
grant agreement shall remain in fullforce and effect during the life of the project; there shall be
no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long
as the airport is used as an airport.
Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
L General Federal Requirements.
B.
9
March, 2014
c.
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20L5
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:
F¡o¡nnl L¡ersnnoru
a. Title 49, U.S.C., subtitle Vll, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.l
c. Federal Fair Labor Standards Act - 29 U.S,C. 20L, et seq.
d. Hatch Act - 5 U.S.C. L50L, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of tgTOTitle 42
U.S.C.4601, et seq.12
t. National Historic Preservation Act of L966 - Section 106 - L6 U.S.C. 470(fl.1
g. Archeological and Historic Preservation Act of I974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
í. Clean Air Act, P.L. 90-148, as ämended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of L973 - Section 102(a)- 42 U.S.C. 4OI2a.L
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of L973 -29 U.5.C.794.
n. Title Vl of the Civil Rights Act of L964 (42 U.S.C. S 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. S L2101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Díscrimination Act of L975 - 42 U.S.C. 6101, et seq.
q. American lndian Religious Freedom Act, P.L. 95-34t, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.l
Power plant and lndustrial Fuel Use Act of L978 - Section 4O3- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.5.C.327, et seq.1
t. Copeland Anti-kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 432L, et seq.1
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
y. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-
282,asamended bysectíon 6202of Pub. L. tt}-252l,.
10
March, 2014
s P o N s o R 3 - 0 6 -0 0 8 7 -07 7 -20L5
Ex¡curv¡ ORo¡Rs
a. Executive Order 1,t246 - Equal Employment Opportunityl
b. Executive Order 1L990 - Protection of Wetlands
c. Executive Order 11998 - Flood Plain Management
d. Executive Order L2372 - lntergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Constructionl
f. Executive Order L2898 - EnvironmentalJustice
F¡o¡nnl R¡eumnorus
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and
Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local
Govern ments, a nd Non-Profit Organizationsl.n' t' u
c. 2 CFR Part t2OO - Nonprocurement Suspension and Debarment
d. L4 CFR Part 13 - lnvestigative and Enforcement Proceduresl4 CFR Part L6 - Rules of Practice
For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part L50 - Airport noise compatibility planning.
f . 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government
Services.
g. 28 CFR S 50.3 - U.S. Department of Justíce Guidelines for Enforcement of Title Vl of the Cívil
Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.l
i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in
whole or part by loans or grants from the United States.l
j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed
and assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act).1
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1
l. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements
to state and localgovernments.3
m. 49 CFR Part 20 - New restrictions on lobbying.
n. 49 CFR Part2I- Nondiscrimination in federally-assisted programs of the Department of
Transportation - effectuation of Title Vl of the Civil Rights Act of 1964.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise ín Airport Concessions.
p. 49 CFR Part24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federa lly Assisted Programs.l 2
tt
March, 2014
sPo N so R 3-06-0087 -07 7 -20Ls
q. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of
Tra nsportation Programs.
r. 49 CFR Part27 - Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefíting from Federal Financial Assistance.l
s. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countríes that deny procurement market access to U.S. contractors.
u. 49 CFR ParT32 - Governmentwide Requirements for Drug-Free Workplace (Financial
Assista nce)
v. 49 CFR Part 37 - Transportation Services for lndividuals wíth Disabilities (ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building
construction.
Sp¡crnc Assunnruc¡s
Specific assurances required to be included in grant agreem.ents by any of the above laws, regulations
or circulars are incorporated by reference in this grant agreement.
Foorruor¡s ro AssuRANcE C.1.
t These laws do not apply to aírport planning sponsors.t These laws do not apply to private sponsors.t 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assístance
under Title 49, United States Code.n On December 26,2Ot3 at 78 FR 78590, the Office of Management and Budget (OMB) íssued the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants (OMB Circular A-L02 and Circular A-1.10 or 2 CFR Part 215
or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR parT22}; Circular A-87 or 2 CFR
part225;and A-t22,2 CFR part 230). Addit¡onally it replaces CircularA-133 guidance on the Single
Annual Audit. ln accordance with 2 CFR section 200.110, the standards set forth in Part 200 which
affect administration of Federal awards issued by Federal agencies become effective once
implemented by Federal agencies or when any future amendment to this Part becomes final.
Federal agencies, including the Department of Transportation, must implement the policies and
procedures applícable to Federal awards by promulgating a regulation to be effective by
December 26,2OI4 unless different provisions are required by statute or approved by OMB.s Cost principles established in 2 CFR part 2OO subpart E must be used as guidelines for determining
the eligibility of specifíc types of expenses.u Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
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 filíng of the application, íncluding all
t2
March, 2014
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20t5
understandings and assurances contained therein, and directing and authorizing the person
identífied 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. lt shall
designate an official representative and shall in writing direct and authorize that person to file
this applicatíon, including all understandings and assurances contained therein; to act in
connection with thís 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. lt has suffícient funds available to assure operation and maintenance of items
funded under this grant agreement which it will own or control.
4. Good Title.
a. lt, 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 compatibílíty program projects to be carried out on the property of the sponsor, ít
holds good title satisfactory to the Secretary to that portion of the property upon whích
Federal funds will be expended or will give assurance to the Secretary that good title will be
obtained.
5. Preserving Rights and Powers.
a. lt will not take or permit any action which would operate to deprive ít 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. lt will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other
interests in the property shown on Exhibit A to this applicatíon or, for a noise compatibility
program project, that portion of the property upon which Federalfunds have been expended,
for the duration of the terms, conditions, and assurances in this grant agreement wíthout
approval by the Secretary. lf 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 transferríng 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 dírectly to the FAA for a
grant to undertake the noise compatibility program project. That agreement and changes
13
March, 2014
SPoNSO R 3-06-0087 -07 7 -20t5
thereto must be satisfactory to the Secretary. lt 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 wíll
enter into an agreement with the owner of that property which includes provisions specified
by the Secretary. lt will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. lf 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 ofthese assurances.
f . lf 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 ín 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 lnterest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
ln 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.
ln 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 objectíves 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. Metropolitan Planning Organization.
L4
March, 2014
17.
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20t5
ln projects involving the location of an airport, an airport runway, or a major runway extension at
a medium or large hub airport, the sponsor has made available to and has provided upon request
to the metropolitan planning organization in the area in which the airport is located, if any, a copy
of the proposed amendment to the airport layout plan to depict the project and a copy of any
airport master plan in which the project is described or depicted.
Pavement Preventive Maintenance.
With respect to a project approved after January L, L995, 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. lt will provide such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
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
certífication 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 deplaníng area of such airport to passengers enplaning and deplaning from aircraft
other than air carrier aircraft.
Accounting System, Audit, and Record Keeping Requirements.
a. lt 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. lt 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. ln 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 Uníted
States not later than six (6) months following the close of the fiscal year for which the audit
was made.
Minimum Wage Rates.
It shall include, in all contracts in excess of 52,000 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.5.C.276a-276a-51, 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.
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
12.
13.
'1.4.
15
March, 2014
15.
SPoNSOR 3-06-0087 -077 -20L5
in executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan-lraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in Section 47LIz of Title
49, United States Code. However, this preference shall apply only where the indiv¡duals 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 approvalof the Secretary, shall be incorporated into this grant agreement.
Any modification to the approved plans, specifícations, and schedules shall also be subject to
approval of the Secretary, and incorporated ¡nto this grant agreement.
L7. Construction lnspection 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. lt shall subject the construction work on any project contained in
an approved project application to inspectíon and approval by the Secretary and such work shall
be ín 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.
ln carrying out planning projects:
a. lt will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. lt will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. lt 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. ltwillmake such materíalavailableforexamination bythe publíc, and agreesthat no material
prepared with funds under this project shall be subject to copyríght in the United States or
any other country.
e. lt will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
f. lt will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. lt will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. lt understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planníng material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
L9. Operation and Maintenance.
16
March, 2014
sPo N so R 3-05-0087 -07 7 -20t5
a. The airport and all facilities whích are necessary to serve the aeronautícal users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in
a safe and serviceable condítion and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state and local agencíes for maintenance and
operation. lt will not cause or permit any actívíty or actíon thereon whích would interfere with
its use for airport purposes. lt will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any
proposal to temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary. ln furtherance of this assurance, the sponsor will have in effect
arrangements for-
1) Operatíng the airport's aeronautical facilities whenever required;
2l Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be
construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facilíty which is substantially damaged or destroyed due to an act of God or
other condition or circumstance beyond the control of the sponsor.
b. lt wíll suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removaland Mitigation.
It willtake appropriate action to assure that such terminalairspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes)
will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mítigating existing airport hazards and by prevent¡ng the establishment or creation of
future airport haza rds.
2L. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. ln
addition, if the project is for noise compatibility program implementation, ít will not cause or
permit any change in land use, within its jurisdiction, that will reduce its compatibility, with
respect to the airport, of the noise compatibility program measures upon which Federal funds
have been expended.
22. Economic Nondiscrimination.
a. lt will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the publíc at the airport.
b. ln any agreement, contract, lease, or other arrangement under which a right or privilege at
the airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to-
17
March, 2014
s P o N s o R 3 - 0 6 -0 0 8 7 -07 7 -20t5
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
a.) 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 símilar uses of such airport and utilizing the same or
similar facilities.
b.) 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.
c.) 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
substantíally comparable rules, regulatíons, conditions, rates, fees, rentals, and other
charges wíth respect to facilities directly and substantially related to providing air
transportation as are applicable to all such air carriers whích make similar use of such
airport and utilize similar facilities, subject to reasonable classifícations 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 simílar to those
already imposed on air carriers in such classification or status.
d,) lt 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 fuelingl that ít may choose to perform.
e.) ln the event the sponsor ítself exercises any of the rights and privileges referred to in
this assurance, the services involved will be províded 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.
f.) 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.
g.) 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. lt would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
18
March, 2014
24.
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20L5
b. lf 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. lt further agrees that it will not, either directly or indirectly, grant
or permit any person, firm, or corporation, the exclusive right at the aírport to conduct any
aeronautical activíties, íncluding, but not limited to charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertisíng 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 aírcraft can be regarded as an aeronautical activity, and that
ít will terminate any exclusive right to conduct an aeronautical activity now existing at such
an aírport before the grant of any assistance under Title 49, United States Code.
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 lmprovement
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.
Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 7987, wíll 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 dírectly 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) lf 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
governíng statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public aírport, local taxes on aviation fuel) shall not apply.
2l lf the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than
land acquisition on or after October t, t996, 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 L, L996.
3) Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at Section 47tO2 of title 49 United
States Code), if the FAA determines the airport sponsor meets the requirements set forth
in Sec. 813 of Public Law 112-95.
25.
19
March, 2014
26.
s Po N soR 3-06-0087 -07 7 -20L5
a.) As part of the annual audit required under the Single Audit Act of 1984, the sponsor will
direct that the audit will review, and the resulting audit report will provide an opinion
concerning, the use of airport revenue and taxes in paragraph (a), and indicating
whether funds paid or transferred to the owner or operator are paid or transferred in a
manner consistent with Title 49, United States Code and any other applicable provision
of law, including any regulation promulgated by the Secretary or Administrator.
b.) Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Section 47IO7 of Title 49, United States Code.
Reports and lnspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public; make
available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this grant
agreement including deeds, leases, agreements, regulations, and other instruments, available
for inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2) all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
aircraft in common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share, proportional to
such use, for the cost of operating and maintaining the facilities used. Unless otherwise
determined by the Secretary, or otherwise agreed to by the sponsor and the using agency,
substantial use of an airport by Government a¡rcraft will be considered to exist when operations of
such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere
with use of the landing areas by other authorized aircraft, or during any calendar month that -
a. by gross weights of such aircraft) is in excess of five million pounds Five (5) or more
Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied.
27.
20
March, 2014
28.Land for Federal Facilities.
s P o N s o R 3 - 0 6 -0 0 8 7 -07 7 -20ts
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activitíes, or weather-reporting and communication activities related to
air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor
as the Secretary considers necessary or desirable for constructíon, operation, and maintenance at
Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be
made available as provided herein within four months after receípt of a written request from the
Secretary.
29. Airport layout Plan.
a. lt will keep up to date at alltimes an airport layout plan of the airport showing:
L) boundaríes of the airport and all proposed additions thereto, together wíth the
boundaries of all offsite areas owned or controlled by the sponsor for airport purposes
and proposed additions thereto;
2l the location and nature of allexistíng and proposed airportfacilities and structures (such
as runways, taxiways, aprons, termínal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
4l 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 permít any changes or
alterations ín the airport or any of its facilities which are not in conformity with the airport
layout plan as approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
a.) lf a change or alteration in the airport or the facilíties is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned,
leased, or funded property on or off the airport and which is not in conformity with the
airport layout plan as approved by the Secretary, the owner or operator will, if
requested, by the Secretary (1) elimínate such adverse effect in a manner approved by
the Secretary; or (2l-bear all costs of relocating such property (or replacement thereof)
to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utílíty, efficiency, and cost of operation
existing before the unapproved change in the aírport or its facilities except in the case
of a relocation or replacement of an existing airport facility due to a change ín the
Secretary's design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall,
on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discriminatíon in any
activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility and program as found and defined in 55 21.23 (b) and
2t.23 (el of 49 CFR 5 21, the sponsor willfacilitate all programs, operate allfacilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by, or
pursuant to these assurances.
2t
March, 2014
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20L5
b. Applicability
1) Programs and Activities. lf the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financialassistance to construct,
expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the 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:
1) So long as the airport is used as an aírport, or for another purpose involving the provision
of similar seruices or benefits; or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitatíon Language. lt will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this grant agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The lName of Sponsorl, in accordance with the provisions of Title Vl of the Civíl Rights Act of
f964 (78 Stat. 252, 42 U.S.C. SS 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises and airport concession disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award."
e. Required Contract Provísions.
1) lt will insert the non-discrimination contract clauses requiring compliance with the acts
and regulations relative to non-discrimination ín Federally-assisted programs of the DOT,
and incorporating the acts and regulations into the contracts by reference ín every
contract or agreement subject to the non-discrimination in Federally-assisted programs of
the DOT acts and regulations.
2l lt wíll include a list of the pertinent non-discr¡mination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3) lt will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or ínterest therein to a sponsor.
4l lt will insert non-discrimination contract clauses prohibiting discriminatíon on the basis of
race, color, national origin, creed, sex, age, or handicap as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
22
March, 2014
3L.
f.
g.
a.
s P o N s o R 3 - 0 6 - 0 0 8 7 -07 7 -20 L5
the sponsor with other parties:
a.) For the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b.) Forthe construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recípients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
part¡cipants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
Disposal of Land.
For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed forsuch
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such dispositíon which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (L) 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) reínvestment in an approved project that is eligible for grant funding
under Section a7ll7(el of title 49 United States Code, (3) reinvestment ín an approved airport
development project that is eligible for grant funding under Sections 47LL4,47tts, or 47LL7
of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport
to be reinvested in an approved noíse compatibility project at that airport, and (5) paid to the
Secretary for deposit in the Airport and Airway Trust Fund. lf land acquired under a grant for
noise compatibility purposes is leased at fair market value and consístent with noise buffering
purposes, the lease will not be considered a disposalof the land. Revenues derived from such
a lease may be used for an approved aírport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds
of such disposition which is proportionate to the United States' share of the cost of acquisition
of such land will, (1) upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order: (1) reinvestment in an approved noise compatibility project, (2)
reinvestment in an approved project that is eligible for grant funding under Section a7LL7(el
of title 49 United States Code, (3) reinvestment in an approved airport development project
that is eligible for grant funding under Sections 47tt4, 471,15, or 477L7 of t¡tle 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) paíd to the Secretary for
deposit in the Airport and Airway Trust Fund.
Land shall be considered to be needed for airport purposes under thís assurance íf (L) it may
be needed for aeronautical purposes (íncluding runway protection zones) or serve as noise
b.
23
March, 2014
s PoNSOR 3-06-0087 -07 7 -20L5
buffer land, and (2) the revenue from interim uses of such land contríbutes to the financial
self-sufficiency of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 3I, t987, will be considered to be needed for airport
purposes if the Secretary or Federal agency making such grant before December 3L, 1987, was
notified by the operator or owner of the uses of such land, did not object to such use, and the
land continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the aírport.
32. Engineering and Design Services.
It will award each contract, or sub-contract for program management, construction management,
planning studies, feasibility studíes, architectural services, preliminary engineering, design,
engineering, surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under Title lX 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 foreígn country during the period ín which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out the project in accordance with policies, standards, and specifications approved by
the Secretary including, but not limited to, the advisory circulars listed in the Current FAA Advisory
Circulars for AIP projects, dated March20,2OL4 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.
a. lt will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies ín Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. lt 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 of49 CFR ParL24.
c. lt 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 lntercity 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 sponsor shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of any DOT-assisted contract covered by 49 CFR Part26, or in the award and
24
March, 2014
38.
39.
s Po N soR 3-06-0087 -07 7 -20L5
performance of any concession activity contract covered by 49 CFR Part 23. ln addition, the
sponsor shall not discriminate on the basis of race, color, national origin or sex in the
administration of its DBE and ACDBE programs or the requírements of 49 CFR Parts 23 and 26. The
sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure
nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession
contracts. Thesponsor'sDBEandACDBEprograms,asrequiredby4gCFRParts26and23,andas
approved by DOT, are incorporated by reference in this agreement. lmplementation of these
programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the sponsor of its failure to carry out its approved program, the
Department may impose sanctíons as provided for under Parts 26 and 23 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. L001 and/or the Program Fraud Civil
Remedies Act of 1936 (31 U.S.C. 3801).
Hangar Construction.
lf 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.
Competitive Access.
a. lf the airport owner or operator of a medium or large hub airport (as defined in section 47tO2
of títle 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
req uests.
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.
25
March, 2014
sPo N so R 3-06-0087 -07 7 -20L5
FAA
Airports
Current FAA Advisory Circulars Required for Use in AIP Funded
and PFC Approved Projects
Updated: 2/Lt/20L5
View the most current versions ofthese ACs and any associated changes at:
http ://www.faa.gov/ai rports/resou rces/advisorvci rcu la rs
NUMBER TITTE
7O/7460-LK Obstruction Marking and Lighting
1s0/s020-L Noise Control and Compatibility Planning for Airports
1s0/s070-68
Change 2
Airport Master PIans
tso/s070-7
Change L
The Airport System Planning Process
1s0/s100-13B Development of State Standards for Nonprimary Airports
tso/s200-28D Notices to Airmen (NOTAMS) for Airport Operators
1s0/s200-30c
Change 1
Airport Wínter Safety And Operations
rso/szoo-3tc
Changes 1-2
Airport Emergency Plan
1s0/s210-sD Painting, Marking, and Lighting of Vehicles Used on an Airport
Lso/s2ro-7D Aircraft Rescue and Fire Fighting Communícations
1.so/s2ro-L3c Airport Water Rescue Plans and Equipment
LsO/52L0-t4B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
rso/s2to-7sA Aircraft Rescue and Firefighting Station Building Design
1so/s210-18A Systems for lnteractive Training of Airport Personnel
26
FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 2/ttlzOLs
sPo N soR 3-06-0087 -07 7 -201.5
NUMBER TITTE
1_s0/s210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports
rso/s220-toE Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
Lso/s22o-L6D Automated Weather Obse rving Systems (AWOS) for Non-Federa I Applications
rso/5220-17B Aírcraft Rescue and Fire Fighting (ARFF)Training Facilities
tso/s220-L8A Buildings for Storage and Maintenance of Airport Snow and lce Control
Equipment and Materials
Lso/s22o-20A Airport Snow and lce Control Equipment
rso/s220-21.c Aircraft Boarding Equipment
LsOls22O-228 Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
ts1/s22o-23 Frangible Connections
tso/s22o-24 Foreign Object Debris Detection Equipment
tso/s220-2s Airport Avian Radar Systems
]-so/s22o-26
Change 1
Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B)
Out Squitter Equipment
1s0/s300-78 FAA Policy on Facility Relocations Occasioned by Airport lmprovements of
Changes
1so/s300-13A
Change L
Airport Design
1s0/5300-14C Design of Aírcraft Deicing Facilities
1s0ls300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of
Geodetic Control and Submission to the National Geodetic Survey
Lso/s3oo-r7c Standards for Using Remote Sensing Technologies in Airport Surueys
1sols300-188
Change L
General Guidance and Specifications for Submission of Aeronautical Surueys to
NGS: Field Data Collection and Geographic lnformation System (GlS) Standards
1so/s320-sD Airport Drainage Design
1s0/s320-6E Airport Pavement Design and Evaluation
Lso/s320-72C
Changes 1--8
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
27
FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects updated 2/ILlzoLs
SPoNSOR 3-06-0087 -077 -20L5
NUMBER TITTE
1sols320-1sA Management of Airport lndustrial Waste
rso/s23s-48 Runway Length Requirements for Airport Design
r.sols33s-sc Standardized Method of Reporting Airport Pavement Strength - PCN
Lso/s340-LL Standards for Airport Markings
1s0/s340-sD Segmented Circle Airport Marker System
1s0/s340-18F Standards for Airport Sign Systems
tsols340-26c Maintenance of Airport Visual Aid Facilities
1s0/s340-30H Design and lnstallation Details for Airport Vísual Aids
1sO/s34s-3G Specification for L-821,, Panels for the Control of Airport Lighting
1sols34s-sB Circuit Selector Switch
LsOl534s-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
1sO/s34s-10H Specification for Constant Current Regulators and Regulator Monitors
tso/534s-L2F Specification for Airport and Heliport Beacons
1sols34s-138 Specification for L-84L Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
rso/s34s-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
tso/534s-27E Specification for Wind Cone Assemblíes
Lso/s34s-286 Precision Approach Path lndicator (PAPI) Systems
1s0/s34s-39D Specification for L-853, Runway and Taxiway Retro reflective Markers
Lso/s34s-42c Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and
Accessories
1so/s34s-43G Specification for Obstruction Lighting Equipment
Ls1/s34s-44J Specification for Runway and Taxiway Signs
Lsl/s34s-4sc Low-lmpact Res¡stant (LlR) Structures
Lso/s34s-46D Specification for Runway and Taxiway Light Fixtures
28
FAA Adv¡sory C¡rculars Required for Use AIP Funded and PFC Approved Projects updared 2/LL/2015
SPoNSOR 3-06-0087 -077 -20L5
NUMBER TITTE
ts1/s34s-47c specification for seríes to series lsolation Transformers for Airport Lighting
Systems
rso/s34s-49c Specification L-854, Radio Control Equipment
1_s0/s34s-s0B Specification for Portable Runway and Taxiway Lights
1s0/s34s-s1B Specification for Discharge-Type Flashíng Light Equipment
rso/s34s-s2\Generic Visual Glideslope lndicators (GVGI)
1so/s34s-s3D Airport Lighting Eq uipment Certification Progra m
1so/s34s-s4B specification for L-884, Power and control unit for Land and Hold short Lighting
Systems
1s0/s34s-ssA Specification for L-893, Lighted Visual Aid to lndicate Temporary Runway
Closure
1so/s34s-s6B specification for L-890 Aírport Lighting controland Monitoring system (ALcMS)
rso/s36o-r2F Aírport Signing and Graphics
1sols360-13
Change 1
Planning and Design Guidelines for Airport Terminal Facilities
rso/s36o-14 Access to Airports By lndividuals With Disabilities
rso/s37o-zF Operational Safety on Airports During Construction
1s0/s370-10G Standards for Specifying Construction of Airports
rs1/s37o-trB Use of Nondestructive Testing in the Evaluation of Airport pavements
1s0/s370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
1sols370-LsB Airside Applications for Artificial Turf
rso/s37o-L6 Rapid construction of Rigid (Portland cement concrete) Airfield pavements
Lso/s37o-r7 Airside Use of Heated Pavement Systems
1s0/s380-78 Airport Pavement Management Program
1sols380-9 Guidelines and Procedures for Measuring Airfield pavement Roughness
1s0/s390-2c Heliport Design
1so/s39s-1A Seaplane Bases
29
FAA Advisory Circulars Requ¡red for Use AtP Funded and pFC Approved projects updated 2/LL/2OL5
SPoNSO R 3-06-0087 -07 7 -20L5
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/7/20L4
NUMBER TITLE
1so/s100-14E Architectural, Engineering, and Planning Consultant Services for Airport Grant
Proiects
Lso/s700-L7
Changes 1 - 6
Land Acquisition and Relocation Assistance for Airport lmprovement Program
Assisted Proiects
1sO/s300-98 Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects
1s0/s300-1sA Use of Value Engineering for Engineering Design of Airports Grant Projects
Lso/s320-L7A Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
1s0/s370-6D Construction Progress and lnspection Report - Airport lmprovement Program
(AIP)
rso/s37o-tz{Quality Control of Construction for Airport Grant Projects
30
April, 2015