HomeMy WebLinkAboutA4570 - FAA AIRPORT SECURITY FAA
Airport Security
1st Amendment
AGREEMENT#4570
UNITED STATES OF AMERICA MO 7125, 7-17-02
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Page 1 of 2 Pages
Contract No. DTFA08-02-C-21562
Palm Springs International Airport
Palm Springs, California
AMENDMENT NO. 1 TO GRANT AGREEMENT FOR AIP PROJECT NO. 3-06-0181-35
WHEREAS, the Federal Aviation Administration (herein after referred to as the "FAA") has determined it
to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on
behalf of the United States, and the City of Palm Springs (hereinafter referred to as the"Sponsor"),
accepted by said Sponsor on September 27, 2002, be amended in conformance with the sponsor's letter
dated January 3, 2005 as hereinafter provided.
NOW THEREFORE, WITNESSETH:
That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United
States, on the one part, and the Sponsor, on the other part, do hereby mutually agree that the said Grant
Agreement be and hereby is amended as follows:
That the maximum obligation of the United States as set forth in Paragraph 1
of the terms and conditions on Page 2 of said Grant Agreement is hereby
increased by $705,808.00 from $7,742,000.00 to $8,447,808.00. Therefore, on
Page 2, under Standard Conditions, delete Item 1 and substitute in lieu
thereof the following:
1. The maximum obligation of the United States payable under this offer
shall be $8,447,808.00, which is comprised of:
$ 0.00 for planning
$8,447,808.00 for airport development or
noise program implementation
All other terms and conditions of the Grant Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto hav caused this Amendment to said Grant Agreement to be
duly executed as of the ` day of „(11�11�1' L,%, 2005.
UNITED STATES OF AMERICA
j FEDERAL AVIATION ADMINISTRATION
By:
Margie Drilling
Acting Supervisb\Standards Section
Page 2 of 2 Pages
Project No. 3-06-0181-35
Palm Springs International Airport
Palm Springs, California
City of Palm Sprinqs
(Name of Sponsor)
y_o� �'$�
(SEAL) Title:
Attes .Ti
CERTIFICATE OF SPONSOR'S ATTORNEY:
I, 'Ju C? A� (Ch acting as Attorney for the Sponsor, do hereby certify:
That I have examined the foregoing Amendment to the Grant Agreement and the proceedings taken by
said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly
authorized and is in all respects due and proper and in accordance with the laws of the State of California,
and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
�p t
Dated a� - O 09 , this G Q� day off c�iuf "le✓' , 2005
Title:
W
�C7) v
Western-Pacific Region P.O. Box 92007
U.S Department Airports Division Los Angeles, CA 90009
of Transportation
Federal Aviation RECEIVED
,QED
Administration I�L�
January 13, 2005 AN 18 2005
Mr. ichard S. Wlsh,3400RE. Tahquitza Canyon 1Way, Suiterector ofAOFCviation nC.P_r0FAV1AT10N
Palm Springs, CA 92262-6966
Dear Mr. Walsh:
Palm Springs International Airport
Palm Springs, California
AIP Project No. 3-06-0181-35
Amendment No. 1
Enclosed are six copies of the approved amendment to the grant
agreement for the subject project. The amendment increases the amount
of the grant by $705,808.00 from $7, 742, 000.00 to $8,447,808 .00.
An authorized official of the sponsor, accepting the amendment, shall
insert the date on page 1 and sign on page 2. The sponsor-s attorney
shall sign and date on page 2. The attorney's date shall be the same
as, or later than, the date of execution on page 1.
When the amendments are fully executed, certified, attested and
appropriate seals are impressed, please return three copies to this
office. We request that the amendments be fully executed and returned
to our office as soon as possible, and no later than January 28, 2005.
Sincerely,
Margi%r111'
g
Actini r, Standards Section
Enclosures
Council Agenda
07-17-02, Page 4
I
3. MO 7123 approving and adopting plans, specifications and working details and
authorizing advertisement for construction bids for the northerly terminal access
roadway security reconfiguration 300 implementation at the Palm Springs
International Airport. CP2006-02.
4. MO 7124 approving agreement with FMC Airport Systems for the modification of
passenger boarding bridge#5 at the Airport for$60,777. A4536.
X 5. MO 7125 authorizing the City Manager to accept Airport Improvement Program
(AIP) Federal Grants for Fiscal Year 2003.
6. MO 7126 approving Amendment 2 to A4266 with Chihuly Inc to extend the term of
the contract to October 1, 2002 to allow option to purchase two additional
sculptures for placement around the interior fountain of the Palm Springs
International Airport.
7. MO 7127 approving an agreement with Phill Evans for relocation and installation
of fencing to extend the small dog area across the entire west end of the dog park
for$4,750. A4537.
8. MO 7128 approving Supplement 013-M to A1459 for the design phase of the Gene
Autry Trail and Ramon Road Median Island Landscape Project for $90,000; City
share$10,323. CP2000-01.
9. MO 7129 approving a ground lease with Sprint PCS Assets, LLC, for the
installation of communications equipment at Fire Station 3, located at 590
Racquet Club Drive, lease amount$12,000 per year. A4538. Mills abstain.
10. Res 20391 and 20392 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 977964 Tenet Business
Reller-Spurgin 978065 Spurgin Spouse
EXTENDED CONSENT AGENDA:
PUBLIC HEARINGS:
11. CASE 5.0804—PD254—TAHQUITZ VENTURES AND CT REALTY
On July 3, 2002 Council directed this matter be continued to this date to consider
options concerning Case 5.0804, Planned Development District 254, Tentative
Tract Map 29077 for the subdivision of a 6.8 acre parcel into 48 lots and seven
common area lots for the development of a gated 48-unit multi-family cluster
residential community, located to the southwest of the intersection of Tahquitz
Canyon Way and Museum Drive, R-2 and R-3 zones, Section 15.
i
a) Memorandum of Director of Planning & Building
DATE: July 17, 2002
TO: City Council
FROM: Executive Director-Airports via Assistant Director of Aviation
GRANT ACCEPTANCE
RECOMMENDATION:
The Airport Commission recommends City Council grant the necessary authority to
the City Manager to accept Airport Improvement Program (AIP) Federal Grants for
federal fiscal year 2003.
SUMMARY:
This action will authorize the City Manager to accept Airport Improvement Program
(AIP) Federal Grants for federal fiscal year 2003 totaling up to $9 million.
BACKGROUND:
The federal fiscal 2003 AIP grants will be awarded sometime this summer. To
ensure the Airport's ability to accept the grants in a timely fashion, it is requested
that the City Council authorize the City Manager to accept grants totaling up to $9
million related to an upgrade to the Airport security systems, redesigned roadway
and vehicle inspection checkpoint, reconfigured rental car ready lot and structural
hardening of the terminal building. /
APPROVED;/ .% ,�,�.
�BAR,R�,/YGG17'f-�f'fliRive
AssLtirant Director of Aviation ExecGtive Dirlctor -'Airports
APPR ED: �✓� /
City Manager
Attachment: 1. Minute Order
REVIEWED BY DEn OF FINANCE
soon
1L
MINUTE ORDER NO.
AUTHORIZING THE CITY MANAGER TO
ACCEPT AIRPORT IMPROVEMENT
PROGRAM (AIP) FEDERAL GRANTS FOR
FEDERAL FISCAL YEAR 2003.
I HEREBY CERTIFY that this Minute Order authorizing the City Managerto
accept Airport Improvement Program (AIP)Federal Grants for federal fiscal
year 2003, was adopted by the City Council of the City of Palm Springs,
California in a meeting thereof held on the 17" day of July 2002.
PATRICIA A. SANDERS
City Clerk
FAA
Airport Security
AGREEMENT #4570
U.S. DEPARTMENT M07125, 7-17-02
OF TRANSPORTATION --- -- -
FEDERAL AVIATION
ADMINISTRATION
GRANT AGREEMENT
Part I -Offer
Date of Offer: September 26, 2002
Palm Springs International Airport/Planning Area
Project No: 3-06-0181-35
Contract No: DTFA08-02-C-21562
TO: City of Palm Springs, California
(herein called the"Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the"FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 03116/02, for a grant of Federal
funds for a project at or associated with the Palm Springs International Airport/Planning Area which Project
Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the 'Project')
consisting of the following:
1. Upgrade security equipment Phase 1.
2. Reconfigure terminal access road including demolition, paving, curb and gutter,vehicle security
barrier systems, access control, lighting, directional signage, erosion control,security fencing,
and enplaning passenger weather protection.
3. Strengthen terminal building including column protection and glazing protection.
4. Install security perimeter fencing on the eastside of the airport along with perimeter road
improvements (approx.4,000 LF).
all as more particularly described in the Project Application.
Page 1 of 2
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code,
as amended„ herein called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its acceptance of this Offer as
hereinafter provided, and (b)the benefits to accrue to the United States and the public from the accomplishment of
the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to
pay, as the United States share of the allowable costs incurred in accomplishing the Project, 100.00 per centum
thereof.
The Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $7,742,000.00 For the
purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 47108(b) of the Act, the following amounts are being
specified for this purpose:
$ for planning
$7,742,000.00 for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. 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.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the
terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to
comply with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the
sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the
project unless this offer has been accepted by the sponsor on or before 09/30/02 or such subsequent date
as may be prescribed in writing by the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any
project upon which Federal funds have been expended. For the purposes of this grant agreement, the
term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid
pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to
any determination of the amount of the Federal share of such funds. It shall return the recovered Federal
share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the
Secretary, upon request, all documents and records pertaining to the determination of the amount of the
Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such
Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may
arise from, or be incident to, compliance with this grant agreement.
Page 2 of 4
9. ASSURANCES AIRPORT SPONSORS: The attached Assurances Airport Sponsors dated 09/99,
incorporated hereto with the Grant Offer, are hereby substituted in lieu of those in the Sponsor's Project
Application and made a part hereof.
10. LETTER OF CREDIT: The sponsor agrees to request cash drawdowns 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.
11. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if,
during the life of the project, the FAA determines that the maximum grant obligation of the United States
exceeds the expected needs of the Sponsor by$25,000.00 or five percent (5%), whichever is greater, the
maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the
budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs,
FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun
not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is
further understood and agreed that if, during the life of the project, the FAA determines that a change in
the grant description is advantageous and in the best interests of the United States, the change in grant
description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned
letter, either the grant obligation of the United States is adjusted to the amount specified or the grant
description is amended to the description specified.
12. BUY AMERICAN REQUIREMENT. 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 will include in every contract a provision implementing this special
condition.
Page 3 of 4
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein
shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with
the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the
Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
John illigan
Sup 'er ,or, Standards Section
Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer
and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in
this Offer and in the Project Application.
Executed this_�� ay of September, 2002
M0 / yS 70
City of Palm Springs, California
(SEAL) y-
(Spo or's D nested O I epresentative)
Attest: � _�._ �a �� Title City 1fancfln�t
Title: N7 C olk
I CERTIFICATE OF SPONSOR'S ATTORNEY
I, l wk) A6k',M acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the
State of California. Further, I have examined the foregoing Grant Agreement and the actions taken by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants
involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal a�d-bia ing obligation of the Sponsor in accor ance with the terms thereof.
Dated a m ( ; this day of , 2002
Signs e o Sponsor's Attorney
Page 4 of 4
ASSURANCES
Airport Sponsors
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 the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall
remain in full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty(20)years from the
date of acceptance of a grant offer of Federal funds for the project. However, there shall be
no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue
so long as the airport is used as an airport. There shall be no limit on the duration of the
terms, conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the facilities
developed or equipment acquired under an airport development or noise compatibility
program project shall be no less than ten (10) years from the date of acceptance of Federal
aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall
remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act-40 U.S.C. 276(a), et seo.1
C. Federal Fair Labor Standards Act-29 U.S.G. 201, et sea.
Airport Assurances (9/99) 1
d. Hatch Act- 5 U.S.C. 1501, et sea.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et sea.1 z
f. National Historic Preservation Act of 1966 -Section 106- 16 U.S.C.
470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.1
h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001, et seq.
I. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P,L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 -Section 102(a) -42 U.S.C. 4012a.
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
M. Rehabilitation Act of 1973-29 U.S.C. 794.
n. Civil Rights Act of 1964-Title VI -42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975-42 U.S.C. 6101, et seq.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg. I
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C.
8373.1
S. Contract Work Hours and Safety Standards Act-40 U.S.C. 327, et seg.'
I. Copeland Antikickback Act- 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969-42 U.S.C. 4321, et seg.'
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984 -31 U.S.C. 7501, gt mL2
X. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998—Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 -Seismic Safety of Federal and Federally Assisted New
Building Construction'
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.'
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.,
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non-construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g. 41 CFR Part 60- Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments 3
Airport Assurances (9/99) 2
i. 49 CFR Part 20- New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation -effectuation of Title VI of the Civil Rights Act
of 1964.
k. 49 CFR Part 23- Participation by Disadvantage Business Enterprise in
Airport Concessions.
I. 49 CFR Part 24- Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.1 2
M. 49 CFR Part 26— Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
M. 49 CFR Part 27- Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.1
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—Government wide debarment and suspension (non-
procurement)and government wide requirements for drug-free workplace
(grants).
P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office of Management and Budget Circulars
a. A-87—Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 -Audits of States, Local Governments, and Non-Profit
Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable to
private sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application, including
all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such
additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance
and carry out the proposed project and comply with all terms, conditions,
and assurances of this grant agreement. It shall designate an official
representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained
therein; to act in connection with this application; and to provide such
additional information as may be required.
Airport Assurances (9/99) 3
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project
costs which are not to be paid by the United States. It has sufficient funds available to
assure operation and maintenance of items funded under the grant agreement which it will
own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory
to the Secretary, to the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be 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 the grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the 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 the grant agreement without
approval by the Secretary. If the transferee is found by the Secretary to be
eligible under Title 49, United States Code, to assume the obligations of the
grant agreement and to have the power, authority, and financial resources
to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make
binding upon the transferee all of the terms, conditions, and assurances
contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the FAA
for a grant to undertake the noise compatibility program project. That
agreement and changes thereto must be satisfactory to the Secretary. It
will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
Airport Assurances (9/99) 4
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 the 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.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development
project under Title 49, United States Code, it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by the community and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project
is located to certify in writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards.
In any case where such standards have not been approved and where applicable air and
water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty days after the project
application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies
that it has implemented an effective airport pavement maintenance-management program
and it assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will provide such
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport, as defined in Title 49, it has, on the date of submittal of the project
Airport Assurances(9/99) 5
grant application, all the safety equipment required for certification of such airport under
section 44706 of Title 49, United States Code, and all the security equipment required by
rule or regulation, and has provided for access to the passenger enplaning and deplaning
area of such airport to passengers enplaning and deplaning from aircraft other than air
carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or used,
and the amount or nature of that portion of the cost of the project supplied
by other sources, and such other financial records pertinent to the project.
The accounts and records shall be kept in accordance with an accounting
system that will facilitate an effective audit in accordance with the Single
Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives,for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor relating
to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not
later than six(6) months following the close of the fiscal year for which the
audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids
and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under
the grant agreement which involve labor, such provisions as are necessary to insure that, in
the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined
in Section 47112 of Title 49, United States Code. However, this preference shall apply only
where the individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the
approved plans, specifications, and schedules shall also be subject to approval of the
Secretary, and incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to the plans, specifications, and schedules approved by the Secretary for the project. It
shall subject the construction work on any project contained in an approved project
application to inspection and approval by the Secretary and such work shall be in
Airport Assurances (9199) 6
accordance with regulations and procedures prescribed by the Secretary. Such regulations
and procedures shall require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out 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 work activities.
C. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall 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. Any proposal to
temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for-
(1) Operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
Airport Assurances(9/99) 7
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition
or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instrument and visual operations to the airport
(including established minimum flight altitudes)will be adequately cleared and protected by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities offering
services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right
or privilege at the airport is granted to any person, firm, or corporation to
conduct or to engage in any aeronautical activity for furnishing services to
the public at the airport, the sponsor will insert and enforce provisions
requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit
or service, 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, nontenant, or
subtenant of another air carrier tenant)shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
Airport Assurances (9/99) 8
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport and
utilize similar facilities, subject to reasonable classifications such as tenants
or nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling]that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed-based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft
sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate
any exclusive right to conduct an aeronautical activity now existing at such an airport before
the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the
volume of traffic and economy of collection. No part of the Federal share of an airport
development, airport planning or noise compatibility project for which a grant is made under
Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the
Airport Assurances(9199) 9
Airport and Airway Development Act of 1970 shall be included in the rate basis in
establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes
on or off the airport. Provided, however, that if covenants or assurances in
debt obligations issued before September 3, 1982, by the owner or operator
of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for
the use of the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the airport
owner or operator's general debt obligations or other facilities, then this
limitation on the use of all revenues generated by the airport(and, in the
case of a public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report
will provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner
or operator are paid or transferred in a manner consistent with Title 49,
United States Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator.
C. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
available to the public; make available to the public at reasonable times and
places a report of the airport budget in a format prescribed by the
Secretary;
b. for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms, conditions,
and assurances of the grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary
and make available to the public following each of its fiscal years, an annual
report listing in detail:
(i) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
Airport Assurances (9199) 10
(ii) all services and property provided by the airport to other units of
government and the amount of compensation received for provision of
each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft at
all times without charge, except, if the use by Government aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of operating
and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to 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 Facilities. It will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather-reporting and
communication activities related to air traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or
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, shall
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely affect
the safety, utility or efficiency of the airport.
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
Airport Assurances (9/99) 11
5
(or replacement thereof)to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be
excluded from participating in any activity conducted with or benefiting from funds received
from this grant. This assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where Federal financial assistance
is to provide, or is in the form of personal property or real property or interest therein or
structures or improvements thereon in which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a)the period during which the
property is used for a purpose for which Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits, or(b)the period
during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the
Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2)
be reinvested in an approved noise compatibility project as prescribed by
the Secretary.
b. (1) For land purchased under a grant for airport development purposes
(other than noise compatibility), it will, when the land is no longer needed
for airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of the
proceeds of such disposition which is proportionate to the United States'
share of the cost of acquisition of such land will, (a) upon application to the
Secretary, be reinvested in another eligible airport improvement project or
projects approved by the Secretary at that airport or within the national
airport system, or (b) be paid to the Secretary for deposit in the Trust Fund
if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if(a) it may be needed for aeronautical purposes (including
runway protection zones)or serve as noise buffer land, and (b)the revenue
from interim uses of such land contributes to the financial self-sufficiency of
the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987, was notified by the operator or owner of
the uses of such land, did not object to such use, and the land continues to
be used for that purpose, such use having commenced no later than
December 15, 1989.
G. Disposition of such land under(a) or (b)will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the 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
Airport Assurances (9/99) 12
related services with respect to the project in the same manner as a contract for
architectural and engineering services is negotiated under Title IX of the Federal Property
and Administrative Services Act of 1949 or an equivalent qualifications-based requirement
prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to
the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated
7/1/1999 and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property,
to the greatest extent practicable under State law, by the land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and
assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It
will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part
24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport, however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT-assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure 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 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801).
Airport Assurances (9/99) 13
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on:7/1/99
The following apply to both AIP and PFC Projects
NUMBER TITLE
70/7460-lJ Obstruction Marking and Lighting
150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and
Recommended Requirements for Airport Surface Movement Sensors
150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-713 Aircraft Fire and Rescue Communications
150/5210-13A Water Rescue Plans, Facilities, and Equipment
150/5210-14A Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue & Firefighting Station Building Design
1 501521 0-1 8 Systems for Interactive Training of Airport Personnel
150/5210-19 Driver's Enhanced Vision System (DEVS)
150/5220-413 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10B Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
1 5015220-1 6B Automated Weather Observing Systems for NonFederal Applications
1 501522 0-1 7A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19 Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting
Vehicles
150/5220.20 CHG 1 Airport Snow and Ice Control Equipment
150/5220-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
15015300-13 CHG 1, Airport Design
2, 3, 4, 5
150/5300-14 Design of Aircraft Deicing Facilities
150/5320-5B Airport Drainage
150/5320-61) Airport Pavement Design and Evaluation
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement
Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5320-16 Airport Pavement Design for the Boeing 777 Airplane
150/5325-4A CHG 1 Runway Length Requirements for Airport Design
150/5340-1 G Standards for Airport Markings
150/5340-4C Installation Details for Runway Centerline Touchdown Zone Lighting Systems
CHG 1 & 2
150/5340.513 CHG 1 Segmented Circle Airport Marker System
15015340-14B Economy Approach Lighting Aids
CHG 1 &2
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C Standards for Airport Sign Systems
CHG 1
150/5340-19 Taxiway Centerline Lighting System
15015340-21 Airport Miscellaneous Lighting Visual Aids
15015340.23B Supplemental Wind Cones
15015340-24 CHG 1 Runway and Taxiway Edge Lighting System
15015340-27A Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
15015345-7D Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
CHG 1
150/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
150/5345-26B Specification for L823 Plug and Receptacle, Cable Connectors
CHG 1 &2
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D Precision Approach Path Indicator(PAPI)Systems
CHG 1
15015345-39B FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers
CHG 1
150/5345-42C Specification for Airport Light Bases, Transformer Housings, Junction Boxes and
CHG 1 Accessories
150/5345-43E Specification for Obstruction Lighting Equipment
15015345.44F Specification for Taxiway and Runway Signs
CHG 1
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L854, Radio Control Equipment
150/5345-50 CHG 1 Specification for Portable Runway Lights
150/5345-51 CHG 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5345-53A Airport Lighting Equipment Certification Program
(incl. addendum)
15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
15015360-12A Airport Signing & Graphics
150/5360-13 CHG 1 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C Operational Safety on Airports During Construction
150/5370-10A Standards for Specifying Construction of Airports
CHG 1, 2, 3, 4, 5, 6,
7, 8, 9
150/5390-2A Heliport Design
150/5390-3 Vertiport Design
The followinq apply to AIP Projects only
NUMBER TITLE
150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5200-30A Airport Winter Safety and Operations
CHG 1 &2
150/5200-33 Hazardous Wildlife Attractants On or Near Airports
1 5015300-1 5 Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5370-6B Construction Progress and Inspection Report-Airport Grant Program
150/5370-11 CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
The following apply to PFC Projects only
NUMBER TITLE
15015000-12 Announcement of Availability- Passenger Facility Charge (PFC)Application (FAA
Form 5500-1)