Agenda 09/28/2010 Item #16G 3
Agenda Item No. 16G3
September 28,2010
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to approve an after-the-fact acceptance of the attached Federal
Aviation Administration (FAA) grant offer for $6,068,990 for construction of a
taxiway and aircraft apron (south) at the Marco Island Executive Airport, and
associated budget amendments.
OBJECTIVE: That the Collier County Board of County Commissioners (BCC) approves
an after-the-fact acceptance of a Federal Aviation Administration (FAA) grant offer for
$6,068,990, and associated budget amendments, to fund the construction of a taxiway
and aircraft apron (south) at the Marco Island Executive,
CONSIDERATIONS: The BCC approved the submittal of a grant application to the
FAA for this project on May 11, 2010, Agenda Item No, 16G2,
The Collier County Airport Authority (CCAA) received a grant offer of $6,068,990 from
the FAA for the construction of a taxiway and aircraft apron (south) at the Marco island
Executive on September 16, 2010, The FAA required execution of the grant agreement
no later than September 23, 2010. .
This grant will enable the CCAA to significantly enhance safety at the airport by greatly
reducing the risk of runway incursions and potential collisions between arriving,
departing and taxiing aircraft and by providing sufficient aircraft operational, movement
and apron areas,
The total estimated construction cost of this project is $6,461,234, The FAA grant
award is for $6,068,990, The Airport Authority has $181,241 from the Florida
Department of Transportation, pursuant to the Master Joint Participation Agreement
2010A, approved by the BCC on May 11,2010, Agenda Item 16G5. The local match of
$211,003 is available in Funds 497 and 499,
FAA Grant Award
FOOT Funding
Local Match
Construction Costs
$6,068,990
$ 181,241
$ 211.003
$6,461,234
The Army Corps of Engineers permit for this project requires five years of mitigation
maintenance and monitoring at the Rookery Bay mitigation site, which will cost an
estimated $548,239 that is not eligible for FAA funding.
Collier County CMA #5330 authorizes the County Manager to sign a grant agreement
when the grantor requires execution of the agreement within one month or less, and the
deadline has been missed for the next available Board of County Commissioners
meeting, This grant offer was received by the Airport Authority on September 16, 2010
and the executed grant agreement was due by September 23, 2010.
Agenda Item No, 1683
September 28,2010
Page 2 of 21
FISCAL IMPACT: Budget Amendments for FY2011 are necessary to recognize this
FAA grant revenue for project number 33127 in the amount of $6,068,990 in Fund 498
and local match in the amount of $211,003 in Fund 499, Budget Amendments for
FY2011 are also needed to reclassify FDOT grantfunds in the amount of $181,241 and
local match funds in the amount of $211 ,003,
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with the Board's approval of the Authority's requests,
LEGAL CONSIDERATIONS: The FAA requires that County Attorney sign off be
AFTER the authorized Airport Authority representative signs, This item is legally
sufficient for Board action. - JBW
RECOMMENDATION: That the Collier County Board of County Commissioners
approve after-the-fact acceptance of a Federal Aviation Administration (FAA) grant offer
for $6,068,990, and associated budget amendments, to fund the construction of a
taxiway and aircraft apron (south) at the Marco Island Executive,
Prepared by Debra Brueggeman, Collier County Airport Authority
Agenda Item No. 16G3
September 28,2010
Page 3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16G3
Recommendation to approve an after-the-fact acceptance of the attached Federal Aviation
Administration (FAA) grant offer for $6,068,990 for construction of a taxiway and aircraft
apron (south) at the Marco Isiand Executive Airport, and associated budget amendments,
9/28/2010 9:00:00 AM
Meeting Date:
Approved By
Debra Brueggeman
Operations Coordinator
Date
Airport Authority
Airport Authority
9/20/20104:26 PM
Approved By
Marlene J. Foard
Grant Development & Mgmt Coordinator
Date
Administrative Services
Division
Administrative Services Division
9121120108:38 AM
Approved By
Debi Mueller
Supervisor - Accounting
Date
Airport Authority
Airport Authority
91211201011:23 AM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
9/22/20109:13 AM
Approved By
Jeff Klatzkow
County Attorney
Date
9122120109:41 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
9/22/201011:08 AM
Approved By
Mark Isackson
Management/Budget Analyst Senior
Date
Office of Management &
Budget
Office of Management [1 Budget
9/22/20101:04 PM
o
Agenda Item No. 16G3
September 28,2010
Page 4 of 21
U.S. Department
of Transportation
Federal Aviation
Administration
~'f,? \.Q~' ,
Orlando Airports District Off tee
5950 Hazeltine National Dr., Suite 400
Orlando, FL 32822-5003
Phone: (407) 812-8331
F&x: (407) 812-6978
September 15, 2010
Ms. Penny Phillippi
Interim Director
Collier County Airport Authority
2005 Mainsail Drive Suite 1
Naples, Florida 34114-8955
Dear Ms. Phillippi:
RE: Marco Island Executive Airport; Marco Island, Florida
AlP Number 3-12-0142.008.2010
Grant Offer
We are enclosing the original and one copy of a Grant Offer for AlP Project No. 3-12-0142-008-2010 for
Marco Island Executive Airport, in response to your Application far Federal Assistance dated June 24,
2010. 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 $6,068,990 (Federal share).
Once the authorized official has executed the Agreement and the official's signature has been nolarized
and sealed/stamped, the attorney for the Collier County Airport Authority must certify that the Sponsor's
acceptance complies with local and state law and constitutes a legal and binding obligation on the part of
the Sponsor. Please note that the ~greement is not legal unless the attorney signs it AFTER the Sponsor.
If the terms of this Offer are satisfactory, Dle..e execute the document 86 soon as Dosslble. but not
later than SeDtember 23. 2010. To assist us in administrative reporting requirements you are requested
to notify this office by emailing a PDF of signature page of the grant immediately upon executing the grant.
Only the original executed grant needs to be returned to this office. The remaining copy is for your
file.
Please note that this grant offer may be funded all or in part with funds from the Small Airport Fund.
Please allow aooroximatelv 30 davs after relumina final executed arant to this office before attemotina anv
drawdowns from the letter-of.credit account.
s,ncerL)
Ifd~", l;
2 Enclosures
cc: w/enclosure (grant)
KTlsti Smith, FDOT/1
o GRANT AGREEMENT
Agenda Item No. 16G3
September 28,2010
Page 5 of 21
U. S. 0._
of Transportstion
FtderII Aviation
Admlnls1rltJon
Date of OtIor:
September 15, 2010
3-12-ll142-00s.2010
Collier County Airport Authority (Herein caI~ Sponsor)
Marco Island executive Airport
Project Number:
Recipient:
Airport:
OFFER
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITEO STATES, HEREBY OFFERS AND AGREES to
pay, as the United Stales' share, ninety.five percent (95%) of the allowable costs incurred In accomplishing the project consisting of the
following:
.Construct F'arallel Taxiway A & Relocate Apron"
as more particularly described in the Pro;ect Application dated June 24, 2010.
The maximum obligation of the Unlled Slates payable under this Offer shall be $6,068,990 for airport development.
This offer is made in accordance wilt1 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 execu 'on of this offer sh I comprise a Grant Agreement, as
provided by Title 49 of the United States Code, constituting the contractual obli and rights of th oiled States and the Sponsor.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
ACCEPTANCE
The Sponsor agrees to accomplish lhe project in compliance with ttte terms and conditions contained herein and in the document "Terms
and Conditions of Accepting Airport Improvement Program Grants" dated December 15, 2009.
Executed this _ day of
(Seal)
,20
Name of Sponsor
Attest
Signature of Sponsor's Designated Official Representative
Title
Title
CERTIFICATE OF SPONSOR'S ATTORNEY
, acting as Attorney for the Sponsor do hereby certify:
Thai in my opinion the Sponsor;s empowered 10 enler into the foregoing Grant Agreement under the laws of 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 Aviatioo 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 conshtutes a legal and binding obligation of the Sponsor in accordance with the terms thereof
Signature of Sponsor'S Attorney
Dale
~
Agenda Item No, 16G3
September 28. 2010
Page 6 of 21
December 15, 2009
U. S. Department
of Transportation
Fed.,.,,1 Aviation
Admln/.nt/on
TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS
This document contains the terms and conditions of accepting Airport Improvement Program (AlP) grants from the
Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States
Code. These terms and conditions become applicable when the Sponsor accepts a Grant Otter 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.
I, 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.
S. Project-Work as identified in this grant Agreement.
C Primary Airport-A commercial service airport the Secretary of Transportation detennines to have more
than 10,000 passengers boarding each year
D. "this granr - 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
AlP. The following list of certified items includes major requirements for this aspect of project implementation.
However, the list is not comprehensive, nor does it reHeve 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
Pianning 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 Sponsor's independent cost estimate
4. If engineering or other services are to be performed by Sponsor force account personnel, prior
approvai 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 AlP 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 Spectfications. AlP 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 lisl 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.
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 .
2. Specifications for the procurement of equiPment are not (Will not be) propnetary or written so as to
restrict competition. At least two manufacturers can meet the specifications?
1 of ~ 6
Agenda Item No. 16G3
September 28,2010
3. The development inciuded (to be included) in lI1e plans is depicted on the airport layout plan approved age 7 of 21
by lI1e FAA.
4. Development that is ineligible for AlP funding has been (will be) omitted from the plans and
specifications.
5. The process control and acceptance tests required for the project by standards contained in Advisory
Circular 150/5370-10 are (will be) included In the project specifications,
6. If a value engineering clause is incorporated into the contract, concurrence was (will be) obtained from
lI1eFAA.
7. The plans and specifications incorporate (will incorporate) applicable requirements and
recommendations set forth In the Federally approved environmental finding.
a. For construction activities within or near aircraft operational areas, the requirements contained in
Advisory Circular 150/5370-2 have been (will be) discussed with the FAA, as well as incorporated into
the specifications; and a safety/phasing plan has FAA's concurrence, If required.
9. The project was (will be) physically completed without Federal participation in costs due to errors and
omissions in the plans and specifications that were foreseeable at the time of project design.
C. Sponsor Certtflcltion for Equipment/Construction Contracts. General standards for equipment and
construction contracts within Federal grant programs are described in Title 49, CFR, Part 16.36. AlP
standards are generally described in FAA Advisory Circular (AC) 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. Sponsors may
use State and local procedures provided procurements conform to these Federal standards.
1. A code or standard of conduct is (will be) in effect governing the performance of the Sponsor's
officers, employees, or agents in soliciting and awarding procurement contracts.
2. Qualified personnel are (will be) engaged to perform contract administration, engineering supelVision,
construction Inspection, and testing.
3. The procurement was (will be) publicly advertised using the competitive sealed bid methoc:l of
procurement.
4. The bid solicitation clearly and accurately describes (will describe):
a. The current Federal wage rate detennination for all construction projects: and
b. All other requirements of the equipment andlor selVices to be provided.
5. Concurrence was (will be) obtained from FAA prior to contract award under any of the following
circumstances'
a. Only one qualified person/firm submits a responsive bid:
b. The contract is to be awarded to other than the lowest responsible bidder,
c. Life cycle costing is a factor in selecting the lowest responsive bidder; or
d. Proposed contract prices are more than 10 percent over the Sponsor's cost estimate.
6. All contracts exceeding $100,000 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
percent;
b. Conditions specifying administrative, contractual, and legal remedies, including contract
termination, for those instances in which contractors violate or breach contact terms; and
c. Compliance with applicable standards and requirements issued under Section 306 of the Clean
Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), and Executive
Order 11738.
7. All construction contracts contain (will contain) provisions for:
a. Compliance with the Copeland U Anti-Kick 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.
8. All construction contracts exceeding $2,000 contain (will contain) the following provisions:
a. Compliance with the Davis-Bacon Act based on the current Federal wage rate determination; and
b. Compliance with the Contract Work Hours and Safety Standards Act (40 use 327-33:0), Sections
103 and 107.
9. All construction contracts exceeding $10,000 contain (will contain) appropriate clauses from 41 CFR
Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity.
10 All contracts and subcontracts contain (will contain) clauses required from Title VI of the Civil Rights
Act and 49 CFR 23 and 49 CFR 26 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.
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 MA" property map, which is
based on deeds, title opinions, land surveys, the approved airport layout plan, and project
documentation
20f16
Agenda Item No. 16G3
September 28,2010
F . 't' f rty' t I" .. h d Page 8 of 21
5. or any acqulsllon 0 prope In eres In nOise senSitIve approac zones an related areas, property
interest was (will be) obtained to ensure land is used for purposes compatible with noise levels
associated w~h operation of the airport
6. 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 lo acquire each property through the following negotiation procedures:
a. No coercive action was (will be) taken to induce agreement and
b. Supporting documents for setUements 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. 1f..displaceM;lent 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 Accept8ncB. General requirements for final
acceptance and closeout of Federally funded construction projects are in Title 49, CFR, Part 18.50. The
Sponsor shall detennine 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) kepI 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.
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
150/5100-6 and 150/5100-15)
4. Complaints regarding the mandated Federal provisions set forth in the contract documents have been
(will be) submitted to the FAA.
5 All tests specified in the plans and specifications were (will be) performed and the test results
documented as well as made available to the FAA
6. 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 Sponsor's internal audit of contract records kept by the resident
engineer; and
b. If appropriate, pay reduction factors required by the specifications are applied in computing final
payments; and a summary of pay reductions are made available to the FAA.
8. The project was (will be) accomplished without significant deviations, changes, or 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 of 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 of the Sponsor.
11 If applicable, the as-built plans, an equipment inventory, and a revised airport layout plan have been
(will be) submitted to the FAA.
12. Applicable close out financial reports have been (will be) submitted to the FAA.
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Agenda Item No. 16G3
September 28,2010
F, Sponsor Certlficotion for Seismic Ooolon and Construction, 49 CFR Part 41 sets forth lhlage 9 of 21
requirements in the design and construction of the building{s) to be financed with the assistance of the
FAA. Compliance will be met by adhering to at laast one of the following accapted standards:
1. Model codes found to provide a level of seismic safety substantialty equivalent to that provided by use
of the 1988 National Earthquake Hazards Reduction Program (NEHRP) including:
a. The 1991 International Conference of Building Officials (IBCO) Unifonn Building Code, published
by lhe Intemational Conference of Building Officials, 5360 South Workman MiIi Road, Whittier,
Califomia 90601;
b. The 1992 Supplement to the Building Officiats and Code Administration International (BOCA)
Nationai Building Code, published by lhe Building Officials and Code Administrators, 4051 Wast
Flossmoor Road, Counlly Club Hills, lliinois 60478-5795; and
c, Tha 1992 Amendments to tha Southem Buildln9 Code Con9ress (SBCC) Standard Building Code,
published by the Southern Building Code Congress International, 900 Montclair Road,
BirmIngham, Alabama 35213--1206.
2. 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. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model
codes, listed above, in their entirety, without significant revisions or changes in the direction of less
seismic safety, meet the requirement of 49 CFR Part 41.
G. Drug.Free Workplace. General requirements on the drug~free workplace within Federal grant programs
are described in Title 49, CFR, Part 29 and the Drug-Free WOrkplace Act of 1988. Sponsors are required
to certify they will provide, or will continue to provide, a drug-free workplace in accordance with the
regulation.
1. A statement has been (will be) published notifying employees that the unlawful manufacture,
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
a. The dangers of drug abuse in the workplace;
b. The Sponsor's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occuning in the
workplace_
3. Each employee to be engaged in the performance of the work has been (will be) given a copy of the
statement required within item 1 above.
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 by the terms of the statement; and
b. 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.
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 cany 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 satisfa.ctorily compl!!,ed 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.
40f16
_.'-_....~=~.._,~".--'-----_._"~....__._,-
Agenda Item No. 16G3
September 28.2010
F. The Sponsor agrees to submit final grant closeout documents to the FAA within 60 days after phYSi~rage 10 of 21
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 shalt take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust staMas, 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 setuement, 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 shalt 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 Qudget 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 frfteen 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 wilt 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 shalt constitute an amendment to this
Grant Agreement
L. If requested by the Sponsor and authorized by the FAA, the letter of credit method of payment may be
used. It is understood and agreed that the Sponsor agrees to request cash withdrawals on the letter of
credit only when actually needed for its disbursements and to timely reporting of such disbursements as
required. It is understood that failure to adhere to this provision may cause the letter of credit to be
revoked.
M. Unless otherwise approved by the FAA, it 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 airport development or noise compatibility for which funds are provided under this grant. The Sponsor
wilt include in every contract a provision implementing this condition.
N. If this grant agreement includes pavement work that equals or exceeds $250,000, the Sponsor wilt
perform the following:
1. Furnish a construction management program to FAA prior to the start of construction which shall
detail the measures and procedures to be used to comply with the quality control provisions of the
construction contract, including, but not limited to. aU quality control provisions and tests required by
the Federal specifications. The program shall include as a minimum
a. The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the
contract
b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on
the project, together with a description of the services to be provided.
c Procedures for determining that testing laboratories meet the requirements of the American
Society of Testing Materials standards on laboratory evaluation, referenced in the contract
specifications (D3666, C1077).
d Qualifications of engineering supervision and construction inspection personnel
e. A listing of alt 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.
Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily, that the proper corrective actions, where necessary, are undertaken.
2 Submit at completion of the project, a final test and quality control report documenting the results of all
tests performed, highlighting those tests that failed or did not meet the applicable test standard. The
report shalt include the pay reductions applied and reasons for accepting any out-of.tolerance
material. An interim test and quality control report shalt be submitted, if requested by the FAA
3 Failure to provide a complete report as described in paragraph 2, or failure to perform such tests,
shalt, 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
50f16
Agenda Item No. 16G3
September 28,2010
discretion of the FAA and will be based on the type or types of required tests not performed or nbtage 11 of 21
documented and will be commensurate with the proportion of applicable pavement with respect to the
total pavement constructed under this grant agreement.
4. The FAA, at Its discretion, reserves the right to conduct independent tests and to reduce grant
payments accordingly if such independent tests determine that Sponsor tests resurts are inaccurate.
O. For a oroiect to reolace or reconstruct cavemenl at the airnort the Soonsor shall imotement an eff:ti:
airoort cavemen! maintenance manaaement Droaram as is reaulrecl bv Airoort Soonsor Assu n
Number 11. The Soonsor shall use such Droaram for the useful life of an~ Dav~ment con~~~d
reconstructed or reD.lilired with Federal financial assistance at the airnort.. As 8 minimum~ the __ram
must conform with the followina Drovisions'
Pavement Maintenance Man.aement Proaram
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;
8. 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 (AlP) 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
reco"fded pavement deterioration is available; i.e., Pavement Condition Index (PCr) survey as set
forth in Advisory Circular 150/5380-8, "Guidelines and Procedures for Maintenance of Airport
Pavements," the frequency of inspections may be extended to three years.
[). 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.
5. Reference. Refer to Advisory Circular 150/5380-6, MGuidelines 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.
P. 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.
Q. Airport-Owned Visual or Electronic NAVAIOS 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 AlP 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 AlP-funded instrument landing system and
associated equipment where FAA agrees to take over the system and equipment.
R. Non-AlP 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.
6of16
Agenda Item No. 16G3
September 28, 2010
It is further understood and agreed that the Sponsor wili subm. a Program StatemenUcost estimafeage 12 of 21
depicting the excluded costs or a cost estimate depicting only those costs eligible for Federal participation
in this project.
S. Utility Relocation In Project. It is understood Bnd agreed by and between the parties hereto that the
United States shall not participate in the cost of Bny utility relocation unless and until the Sponsor has
submitted evidence satisfactory to the FAA that the Sponsor is tegally 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.
T. 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 aeronauticsl 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,
U. 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 deveklpment 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.
V. RunwlY 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 NAVAl OS 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
wilt 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.
W 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.
X. 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 AlP 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 reasonabie cost of developing said Exhibit "A" Property Map is an eligible administrative
cost for participation within the scope of this project.
y. Friction Mea8uring Oevices_ If this grant includes acquisition of friction measuring devices, the Sponsor
assures that it w;U 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
than for conducting friction measuring tests on airport pavement surfaces and directly related activities,
such as training and calibration.
70116
Agenda Item No. 16G3
September 28, 2010
Z. Low Emisllon S)'8tema. If this grant includes low emission systems work, the Sponsor agrees to ttkage 13 of 21
following conditions under the Voluntary Airport Low Emission (VALE) program:
1. Vehicles and equipment purchased with assistance from this grant shalt be maintained and used for
their useful life at the airport for which they were purchased, Moreover, any vehides 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 reoo(ds 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 wittl assistance from this grant, at any time during its useful fife, with an equivalent vehicle or
unit that produces an equal or lower tevel 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 Emi&sion Reduction
Credits that were granted to the Sponsor for this vehicle or equipment.
IV. ASSURANCES
The following FAA document titled ASSURANCES Airport Sponsors, datect March 29, 2005, is incorporated as
part of these Terms and Conditions:
ASSURANCES
Airport Spon.ons
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 Feeleral 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 Nolae 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:
Federai Legislation
a. Title, 49, U.S.C., subtitle VII, as amended. 1
b. DaVis-Bacon Act - 40 U.S.C, 276(a), ~
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sec.
d. Hatch Act- 5 U.S.C. 1501, et sec.~
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.
4601,~'2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C 470(f).'
80f16
-.-,.-->,,--,---~.'..".~-~~,..,~..~.__-......._,--~,..~-,"_. "
g, Archeological and Historic PreservatJon Act of 1974 - 16 U,S,C. 469 through 4690.'
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, ~
i. Claan Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disastar Protaction Act of 1973. Section 102(a). 42 U,S.C. 4012a'
I. nla 49, U.S.C" Saction 303, (fonnerly known as Section 4<n)
m. Rehabilitation Act of 1973.29 U.S.C. 794.
n. Civii Rights Act of 1964 - Tltla VI. 42 U,S.C. 2000d through d-l.
o. Age Discrimination Act of 1975 ~42 U.S.C. 6101, ~
p. American Indian Retigious Freedom Act, P.L. 95-341, as amended.
q. Architactural Barriers Act of 1966 -12 U,S,C, 4151, m...ug.'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
s. Contract Work Hours and Safety Standards Act. 40 U.S.C. 327, ~'
t. Copeland Anti kickback Act -16 U,S,C. 674.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, at sea. 1
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984.31 U.S.C. 7501,~'
x. Drug-Free Wor1<place Act of 1986 - 41 U.S,C. 702 through 706
Executive Orders
Agenda Item No. 16G3
September 28,2010
Page 14 of 21
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 -Intergovemmental Review of Federal Programs
Executive Order 12699. Seismic Safety of Federal and Federally Assisted New Building Construction'
Executive Order 12898 ~ Environmental Justice
Federal Regulations
a 14 CFR Part 13 - Investigative and Enforcement Procedures.
b 14 CFR Part 16. Rules of Practice For Federally Assisted Airport Enforcement Proceedings
c 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1
e 29 CFR Part 3 . Contractors and subcontractors on public building or public work financed in whole or
part by loans or grants from the United States. \
1. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and
assisted construction (also labor standards provisions applicable to non~constructjon contracts subject
to the Contract Work Hours and Safety Standards Act),'
g. 41 CFR Part 60 . Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of labor (Federal and federally assisted contracting requirements).1
h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state
and local governments.3
49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 . Nondiscrimination in federally.assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 " Participation by Disadvantage Business Enterprise in Airport Concessions.
I. 49 CFR Part 24 . Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs.1 2
m 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of
Transportation Programs.
n 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or
benefiting from Federal financial assistance.'
o 49 CFR Part 29 - Govemment wide debarment and suspension (nonprocurement) and govemment
wide requirements for drug.free workplace (grants)
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that
deny procurement market access to U.S contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building
construction.'
90f 16
Office of Management and Budget Circulars
Agenda Item No. 16G3
September 28, 2010
Page 15 of 21
a. A.87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-133. Audits of States, Local Governments, and Non-Profit Organizations
1. These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A~7 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance
under Title 49, United States Code,
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in this grant agreement.
2. Rnponelblltty and Authortty of the Sponeor.
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 applicanfs 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 appty 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 wifl 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 spectfied 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.
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.
10of16
Agenda Item No. 1683
September 28, 2010
7. Consideration of Locallnterslt. It has given fair consideration to the interest of communities in or ne~age 16 of 21
where the project may be located.
a. Consultation with Us.rs. 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 II 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 .nd 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.
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 Prerequi8ltes. 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, an the safety
equipment required for certification of such airport under section 44706 of Title 49, United States Code,
and aU 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
US-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
Jabor (except in executive, administrative. and supervisory positions), preference shall be given to
Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States
Code. However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates
16. Confonntty to Plans and Spectfications. 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
17 Construction In8pection 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
"0116
20.
18, Planning Pro]eclll,ln canying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project
application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project
and planning wori<: activtties.
c. It will include in aU published material prepared in connection with the planning project a notice that the
material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any other
country,
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of
the material prepared in connection with this grant
f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific 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. It will grant the Secretary the right to disapprove the use of the Sponsor's employees to do all or any
part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply any
assurance or commitment on the part of the Secretary to approve any pending or future application for
a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other
than facilities owned or controlled by the United States, shall be operated at all times in a safe and
serviceable condition and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not
cause or permit any activity or action thereon which would interfere with Its use for airport purposes. It
will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due
regard to climatic and flood conditions. MY proposal to temporarily close the airport for nonM
. aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the
Sponsor will have in effect arrangements for.
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including temporary
conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for aeronautical use
during temporary periods when snow, flood or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shalt be construed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility which is substantially
damaged or destroyed due to an act of God or other condition or circumstance beyond the control
of the Sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon
which Federal funds have been expended.
Hazard Removel and Mitigation. It will take appropriate action to assure that such terminal airspace as
is required 10 protect instrument and visual operations to the airport (including established minimum flight
altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting
or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future
airport hazards.
Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of
zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations. including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or permit any change in land
use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
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September 28, 2010
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21.
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22. Economic Nondiscrimination.
Agenda Item No. 16G3
September 28,2010
Page 18 of 21
a. It will make the airport available as an airport for public use on reasonable terms and without unjust
discrimination to all types, kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport
is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the Sponsor wUJ insert and enforce provisions requiring
the contractor to-
1) fumish 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 faciltties 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 alre~dy 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 wtth 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
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 Right&. 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 Titie 49, United States Code
24. Fee and Rental Structure. It wilt 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
1962. the Federal Airport Act or the Airport and Airway Deveiopment 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, 1967, will be expended by it for the capital or operating costs of the airport; the local airport
system: or other local facilities which are owned or operated by the owner or operator of the airport
and which are directly and substantially related to the actual air transportation of passengers or
property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or
assurances in debt obligations issued before September 3, 1962, by the owner or operator of the
airport, or provisions enacted before September 3,1962, in governing statutes controlling the owner or
operator's financing, provlde 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
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Agenda Item No. 16G3
September 28, 2010
general debt obligations or other facilities, then this limitation on the use of all revenues generated ~age 19 of 21
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the Sponsor will direct that the
audit will review, and the resutting audit report wUl provide an opinion conceming, the use of airport
revenue and taxes in paragraph (8), and indicating whether funds paid or transferred to the owner or
opefl!ltor 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.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with
the provisions of Section 47107 otTitle 49, United States Code.
25, Reporl1l end lnopoctlono.lt wilj;
8. 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 pi'ojects, make the airport and all airport records and documents affecting the
airport. including deeds, leases, operation and use agreements, regulations and other instruments,
available fer 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 Secre,tary 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:
l. all amounts paid by the airport to any other unit of govemment and the purposes for which each
such payment was made; and
11. 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 end property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with
Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for
use by Government aircraft in common -with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use,
for the cost of operating and maintaining the facilities used. Unless otherwise determined by the
Secretary, or otherwise agreed to by the Sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to 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. 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 by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Faclllties. It will furnish without cost to the Federal Government for use in connection
with any air traffic control or air navigation activities, or weather-reporting and communication activities
related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the
Sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance
at Federal expense of space or facilities for such purposes, Such areas or any portion thereof will be
made available as provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the
airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or
controlled by the Sponsor for airport purposes and proposed additions thereto; (2) the location and
nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons,
terminal buildings, hangars and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon. Such airport layout plans and each amendment, revision, or modification
thereof, shaH 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.
b. If a change or alteration in the airport or the facilities is made which the Secretary determines
adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on
or off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect
in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or
replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the
unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shan, on the
grounds of race, creed, color, national origin, sex, 8ge, 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
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Agenda Item No. 16G3
September 28. 2010
f f h. h Fed I fi . i ' la' f . . Page 20 of 21
or a purpose or w IC era nancls asSIS nee IS extended, or or another purpose involving ttie
provision of similar services or benefits, or (b) the period during which the Sponsor retains ownership or
possession of the property.
31, Dlspossl of Land,
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,
when the land is no longer needed for such purposes, at fair market value, at the earliest practicable
time. That portion of the proceeds of such disposition which is proportionate to the United States'
share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for
deposit in the Trust Fund, or (2) be reinvested in an approved noise compatlbillty project as prescribed
by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of
residential buildings or property previously purchased by the airport as part of a noise compatibility
program.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it
will, when the land is no longer needed for airport purposes, dispose of such land at fair mar1<et value
or make available to the Secretary an amount equal to the United States' proportionate share of the
fajr mar1<et 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 in another eligible airport improvement project or projects approved by the
Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit
in the Trust Fund if no eligible project exists.
c. land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land,
and (2) the revenue from interim uses of such land contributes to the financial self~$ufficiency of the
airport. Further, land purchased with a grant received by an airport operator or owner before
December 31, 1967, will be considered to be needed for airport purposes if the Secretary or Federal
agency making such grant before December 31, 1967, 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, 1969.
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 tRat such land will only be used for purposes which are
compatible with noise ievels associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for program
management, construction management, planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying, 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 !X 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 Forelg" 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 for AlP projects, dated (the latest approved version as of this
grant offer) and included in this grant, and in accordance with applicabie state policies. standards, and
specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest
extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will
payor reimburse property owners for necessary expenses as specified in Subpart S, (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 nol 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 non discrimination in the award and administration of
DOT -assisted contracts The recipient's DBE program, as required by 49 CFR Part 26, and as approved
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 16 U.S,C. 1001 and/or the Program Fraud Civil Remedies Act of 1966 (31 V.S.C. 3801).
36 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
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Agenda Item No. 16G3
September 28,2010
lh fa'I't. tlht. rt. rd to il th" 'd' t h' Page210f21
gates or 0 er ell les a a 81rpo In 0 er a ow e alf carner to pravl e service 0 t e airport or
to expand service at the airport. the airport owner or operator shall transmit a report to the Secretary
lhat-
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, It 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.
160f '6