HomeMy WebLinkAbout03067 - AIRPORT FAA GRANT RUNWAY AIP 015 FAA Grant 015
Airport Runway
y
AGREEMENT #3067 Amnd #1
1105925, 3-19-97
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Page 1 of 3 Pages
Contract No. DTFA08-92-C-20687
Palm Springs Regional Airport
Palm Springs, California
AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. AIP 3-06-0181-15
WHEREAS,the Federal Aviation Administration (hereinafter referred to as the"FAA") has determined it 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 the
19th day of February, 1992, to be amended 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 mutually agree as follows:
Delete Item No. 1 in the Conditions on Page; 2 as follows:
1. The maximum obligation of the United States payable under this offer shall be $2,028,530.00. For the
purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 512(b) of the Act, the following amounts are being specified
for this purpose:
$ for planning
$2,028,530.00 for airport development or noise program implementation.
Insert Item No. 1 in the Conditions on Page 2 as follows:
1. The maximum obligation of the United States payable under this offer shall be $2,056,099.00. For the
purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 512(b) of the Act, the following amounts are being specified
for this purpose:
$ for planning
$2,056,099.00 for airport development or noise program implementation.
Page 2 of 3 Pages
Project No. AIP 3-06-0181-15
Palm Springs Regional Airport
Palm Springs, California
IN WITNESS, WHEREOF, the parties have caused this Amendment to said Grant Agreement to be duly executed
as of the q { day of 1997.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
P �] YJ ,o, • �A
By 6.
— Jy P. Milligan
Sl.parvisor, Standards Section
City of Palm Springs
(Name of Sponsor)
4
By
Title City Manager
(Seal)
' _ z
Attest:
Title: City Clerk "APPRC)Y'fE°IE) I'G"tr O'9'Y��'��ryUNCM
Page 3 of 3 Pages
Project No. AIP 3-06-0181-15
Palm Springs Regional Airport
Palm Springs, California
CERTIFICATE OF SPONSOR'S ATTORNEY
1, David J. Al eshi re acting as Attorney for the City of Palm Springs (hereinafter referred to as
"Sponsor") do hereby certify:
That I have examined the foregoing Amendment to 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.
Datedat Palm Springs, CA this 19th day of Marc , 1997.
By
Title City Attorney
FAA Grant - AIP-015
Airport Parallel Runway
AGREEMENT #3067
U.S.DEPARTMENT R17780, 1-22-9.2
OF TRANSPORTATION
FEDERAL AVIATION
ADMINISTRATION
GRANT AGREEMENT
Part I-Otter
Date of Offer:02/13/92
Palm Springs Regional Airport/Planning Area
Project No:3-06-0181-15
Contract No: DTFA08.92-C-20687
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 11/20/91, for a grant of Federal funds
for a project at or associated with the Palm Springs Regional 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:
Construct Phase li improvements for Runway 12L/30R (approx. 4,970' x 75') including paving, marking, MIRL,
and MITL; install perimeter fence (approx. 5,000 LF);install electrical vault.
all as more particularly described in the Project Application.
Page 1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway
Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein
called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, 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, 90.00
percentum.
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$2,028,530.00 For the purposes
of any future grant amendments which may increase the foregoing maximum obligation of the United States
under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose:
$ for planning
$2,028,530.00 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 allowabilily 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 Stales 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 09/30/92 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
9. The attached Part V Assurances are hereby substituted in lieu of those in the Sponsor's Project Application
and made a part hereof.
10. The sponsor agrees to perform the following:
a. 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, all quality control provisions and tests required
by the Federal specifications. The program shall include as a minimum:
(1) 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.
(2) 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.
(3) Procedures for the testing laboratories to meet the requirements of the applicable
American Society of Testing Material's standards referenced in the contract
specifications.
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A fisting of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test standard, and
the acceptance criteria or tolerances permitted for each type of lest.
(6) 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, and that the quantity of materials used is adequate.
b. Submit at completion of the project, a filial test and quality control report documenting the results
of all tests performed, highlighting those tests that failed of did not meet the applicable lest
standard. The report shall include the pay reductions applied and reasons for accepting any out-of-
tolerance material.
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 Stales
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
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 Lhe 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
JoljCjP. Milligan
Sull�,visor,Standards Section
Part If -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. O
Executed this H day of C�'-�'^'���'u.;1992
Ci VPalmACalini•
2�
(SEAL) By,
(Sponsor's Designated Official Representative)
At Title City Manager
i
Title: City Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
I, David Al eshi re , 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 Slate
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 and binding obligation of the
Sponsor in accordance with the terms thereof.
Dated at - G /�U/�a� LG this day of � 1992
Fu^��� '['"� .• .�tij �j���' �: B jj'%��D�'! Signature of Wcultor's Attorney
l��_ 1 _7_.. --. a
Page 4
October 1, 1990
PART V
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 to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting
funds under the provisions of the Airport and Airway Improvement Act of 1982, as amended by the
Airport and Airway Safely and Capacity Expansion Act of 1987, or the Aviation Safety and Noise
Abatement Act of 1979. 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 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 assurance against exclusive rights or the terms, conditions, and assurances with
respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights
assurance shall be as specified in the assurance.
2. Airport Development or Noise Compatibility Program 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 facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no less than 10 years from the date of the
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, 34, and 36 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. Federal Aviation Act of 1958-49 U.S.C. 1301, el seq.
b. Davis-Bacon Act-40 U.S.C. 276(a), el seq. 1/
Page 1
October 1, 1990
C. Federal Fair Labor Standards Act-29 U.S.C.201, et seq.
d. Hatch Act-5 U.S.C. 1501, et seq.2/
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended-42 U.S.C. 4601, et seq. 1/2/
f. National Historic Preservation Act of 1966 - Section 106 16 U.S.C. 470(f). 1/
g. Archaeological and Historic Preservation Act of 1974-16 U.S.C.469 through 469c. 1/
h. Flood Disaster Protection Act of 1973-'Section 102(a) -42 U.S.C. 4012a. 1/
i. Rehabilitation Act of 1973-29 U.S.C.794.
j. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4.
k. Aviation Safety and Noise Abatement Act of 1979,49 U.S.C.2101, et seq.
I. Age Discrimination Act of 1975-42 U.S.C.6101, et seq.
In. Architectural Barriers Act of 1968-42 U.S.C. 4151,et seq. 1/
n. Airport and Airway Improvement Act of 1982, as amended 49 U.S.C. 2201, et seq.
o. Powerplant and Industrial Fuel Use Act of 1978-Section 403 42 U.S.C. 8373. 1/
p. Contract Work Hours and Safety Standards Act-40 U.S.C.327, et seq. 1/
q. Copeland Antikickback Act- 18 U.S.C.874. 1/
r. National Environmental Policy Act of 1969-42 U.S.C. 4321, et seq. 1/
S. Endangered Species Act- 16 U.S.C.668(a), et seq. 1/
t. Single Audit Act of 1984-31 U.S.C.7501, el seq.2/
U. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal
Employment Opportunity 1/
Federal Regulations
a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.3/
b. 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.
C. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of
Transportation Programs.
d. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation
for Federal and Federally Assisted Programs. 1/2/
e. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance. 1/
f. 49 CFR Part 29-Debarments,Suspensions, and Voluntary Exclusions.
g. 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.
h. 29 CFR Part 1-Procedures for Predetermination of Wage Rates. 1/
1. 29 CFR Part 3 - Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States. 1/
j. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction. 1/
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally assisted Contracting
Requirements). 1/
1. 14 CFR Part 150-Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
Page 2
October 1, 1990
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
3/
b. A-128-Audits of State and Local Governments.2/
1/These laws do not apply to airport planning projects.
2/These laws do not apply to private sponsors
3/49 CFR Part 18 and OMB Circular A-87 contain requirements for slate and local
governments receiving Federal assistance. Any requirement levied upon Slate and local
governments by this regulation and circular shall also be applicable to private sponsors
receiving federal assistance under the Airport and Airway Improvement Act of 1982, as
amended.
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 the 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 the grant agreement which it will own or control.
4. Good Title.
a. It 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
Page 3
October 1, 1990
Secretary.
b. It will not sell,lease, encumber or otherwise transfer of dispose of any part of its title m 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 [lie Secretary to be eligible under the
Airport and Airway Improvement Act of 1982 to assume the obligations of the grant
agreement and to have the power, authority, and financial resource s to carry out all such
obligations,the sponsor shall insert in the contract or document transferring or disposing of
the sponsor's interest, and make binding upon the transferee, all of the terms, conditions and
assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by another unit of
local government or are on property owned by a unit of local government other than the
sponsor,it will enter into an agreement with that government. Except as otherwise specified
by the Secretary, that agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these
assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an' employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance with the Airport and Airway Improvement Act of 1982, Ube regulations and [he
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. For noise compatibility program
projects, other than land acquisition, to be carried out on property not owned by the airport and over
which property another public agency has land use control or authority, the sponsor shall obtain from each
such agency a written declaration that such agency supports that project and the project is reasonably
consistent with the agency's plan regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near
which the project may be located.
S. Consultation with Users. In making a decision to' undertake any airport development project under the
Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected
parties using the airport at which project is proposed.
Page 4
October 1, 1990
9. Public Hearings. In projects involving the location or 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. It shall, when requested by the
Secretary, submit a copy of the transcript of such hearings to the Secretary.
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.
it. Local Approval. In projects involving the construction or extension of any runway at any general aviation
airport located astride a line separating two counties within a single state, it has received approval for the
project from the governing body of all villages incorporated under the laws of that state which are located
entirely within rive miles of the nearest boundary of the airport.
12. Terminal Development Prerequisites. For projects which include terminal development at a public
airport,it has, on the date of submittal of the project grant application, all the safely equipment required
for certification of such airport under section 612 of the Federal Aviation Act of 1958 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 or deplaning area of such airport to passengers
enplaning or 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 give n or used, and the amount and 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 Slates,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 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. Veterans Preference. It shall include, in all contracts for work on any projects funded under the grant
Page 5
October 1, 1990
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 51*)(1) and (2) of the Airport and Airway
Improvement Act of 1982. 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 by the Secretary, shall be incorporated into this grant agreement. Any
modifications to the approved plans, specifications, and schedules shall also be subject to approval by the
Secretary and incorporation 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 ensure that the work conforms with the plans,
specifications, and schedules approved by the Secretary for the project. It shall subject the construction
work on any project contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures prescribed by the
Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor
or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. IL will execute the project in accordance with the approved program narrative contained in the
project application or with 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 Slates.
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. IL will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
If. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material deve!oped 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.
Page 6
October 1, 1990
a. 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 nonaeronautical purposes must first be approved by the Secretary. 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 Slates, shall be operated at all tomes 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.
In furtherance of this assurance,the sponsor will have in effect at all times arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the
airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed as
requiring the maintenance, repair, restoration, or replacement of any structure or facility
which is substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitable 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 lake appropriate action, including the adoption of zoning laws,to the extent
reasonable, 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 the 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 its airport available as an airport for public use on fair and reasonable terms and
without unjust discrimination, to all types,kinds, and classes of aeronautical uses.
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 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:
Page 7
October 1, 1990
(1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all
users thereof, and
(2) charge fair, 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 any airport owned by the sponsor shall be subject to the same
rates, fees, rentals, and other charges as are uniformly applicable to all other ]heed-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, 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 which 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 classifications 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 contractors or concessionaires of the sponsor under these
provisions.
h. The sponsor may establish such fair, equal, 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 Ifor the use of the airport by any persons providing, or
intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of
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
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October 1, 1990
b. If allowing more Lhan 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, or at any other airport now owned or controlled by it, 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 the Airport and Airway
Improvement Act of 1982.
24. Pee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23,
for the facilities and services being provided the airport users 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 the Airport and Airway
Improvement Act of 1982 or the Airport and Airway Development Act of 1970 shall be included in the
rate base in establishing fees, rates, and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a public agency, 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 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 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.
26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request. For airport development projects, it will also 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. For noise compatibility program projects, it will also 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.
27. Use of 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
Page 9
October 1, 1990
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 al the airport or oil land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) or Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movements 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
plan 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 duty 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 in any of its facilities which are not
in conformity with the airport layout t plan as approved by the Secretary and which might, in
the opinion of the Secretary, adversely affect the safety, utility, or efficiency of[lie airport.
b. If a change or alteration in the airport or its 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 exist nIg before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as arl,e promulgated to assure that no person shall, on the
grounds of race, creed, color, national origins, sex, age, or handicap be excluded from participating in any
activity conduct ed 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 properly 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: I!(a) the period during which the properly is used for a
purpose for which Federal financial assistance is extended, or for another purpose involving lire provision
of similar services or benefits or (b) the period during which the sponsor retains ownership or possession
Page 10
October 1, 1990
of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will, when the
land is no longer needed for such purposes, dispose of such land at fair market value at the
earliest practical time. 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, 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 (other than noise compatibility)
purposes, 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 such
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 zone) or serves 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 the Federal agency making such grant before December
31, 1987, was notified by the operator or owner of the use of such land, did not object to such
use, and the land continues to be used for that purpose, such use having commenced not later
than December 15, 1989.
C. 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 subcontract 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 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. 1t 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 July 15, 1991 and included in
this grant, and in accordance with applicable slate policies, standards, and specifications approved by the
Secretary.
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October 1, 1990
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to lire greatest
extent practicable under Stale 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 Subparts 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. Drug-Free Workplace. It will provide a drug-free workplace at the site of work specified in the grant
application in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its 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 that will be taken against its employees
for violation of such prohibition; (2) establishing a drug-free awareness program to inform its employees
about the dangers of drug abuse in the workplace and available drug counseling, rehabilitation, and
employees assistance programs; (3) notifying the 'FAA within ten days after receiving notice of an
employee criminal drug statute conviction for a violation occurring in the workplace; and (4) making a
good faith effort to maintain a drug-free workplace.
Page 12
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Effective Date: 7-15-91
Number Subject
70/7460-1G Obstruction Marking and Lighting
150/5100-14B Architectural,Engineering and Planning Consultant Services for Airport Grant
CHG 1 Projects
150/5200-30 Airport Winter Safely and Operations
CHG 1 &2
150/5210-513 Painting,Marking, and Lighting of Vehicles Used on an Airport
150/5210-713 Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue and Firefighting Station Building Design
150/5220-4A Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks
150/5220-11 Airport Snowblower Specification Guide
150/5220-12 Airport Snowsweeper Specification Guide
150/5220-13A Runway Surface Condition Sensor Specification Guide
150/5220-14A Airport Fire and Rescue Vehicle Specification Guide
150/5220-15 Buildings For Storage and Maintenance of Airport Snow Removal and Ice Control
Equipment: A Guide
150/5220-16 Automated Weather Observing Systems for Non-Federal Applications
150/5220-17 Design Standards for an Aircraft Rescue Fire-fighting Training Facilities
150/5300-13 Airport Design
CHG 1
150/5320-5B Airport Drainage
150/5320-6C Airport Pavement Design and Evaluation
CHG 1&2
150/5320-12A Methods for the Design,Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/53254A Runway Length Requirements for Airport Design
CHG 1
150/5340-1F Marking of Paved Areas on Airports
150/53404C Installation Details for Runway Centerline Touchdown Zone Lighting Systems
CHG 1 & 2
150/5110-5B Segmented Circle Airport Marker System
CIIG I
150/5340-14B Economy Approach Lighting Aids
CIIG 1 &2
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18B Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline Lighting Systems
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wined Cones
150/5340-24 Runway and Taxiway Edge Lighting System
CHG 1
150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-3D Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D Specification for 1,824 Underground Electrical Cable for Airport Lighting Circuits
CHG 1
Page 1
0
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Effective Date: 7-15-91
Number Subject
150/5345-10E Specification for(.(instant Current Regulators and Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26B Specification for L-823 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
150/5345-39B FAA Specification L-853, Runway and Taxiway Centerline Retroreflective Markers
CHG 1
150/5345-42C FAA Specification L-857, Airport Light Bases,Transformer Houses,Junction Boxes,
and Accessories
150/5345-43D Specification for Obstruction Lighting Equipment
150/5345-44D Specification for Taxiway and Runway Signs
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 L-854, Radio Control Equipment
150/5345-50 Specification for Portable Runway Lights
CHG 1
150/5345-51 Specification for Discharge-Type Flasher Equipment
CHG 1
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations
150/5360-12 Airport Signing& Graphics
150/5360-13 Planning and Design Guidelines for Airport Terminal Facilities
150/5370-2C Operational Safely on Airports During Construction
150/5370-613 Construction Progress and Inspection Report--Airport Grant Program
150/5370-10A Standards for Specifying Construction of Airports
CHG 1,2,3
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
CI IG 1
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5390-2 1eliport Design
150/5390-3 Vertiport Design
Page 2