HomeMy Public PortalAboutORD14223 BILL NO. 2007-36
• SPONSORED BY COUNCILMAN Klindt
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN
AGREEMENT FOR STATE BLOCK GRANT PROJECT AIRE 06-04OB-8 FOR FUNDING
CONSTRUCTION AND IMPROVEMENTS AT THE JEFFERSON CITY MEMORIAL
AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute an
agreement with the Missouri Department of Transportation for State Block Grant Project
AIRE 06-04OB-8 for funding projects at the Jefferson City Memorial Airport.
Section 2. The agreement shall be substantially the same in form and content as
that amendment attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passcjge and approval.
Passed: Approved: fa�7
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ATTEST: APPR VE AS O FORM:
G' Vv
ity Cl City Counselor
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CCO FORM: AC10 Sponsor City of Jefferson
Approved: 03/91 (KR) Project No. 06-04OB-8
Revised: 01/07 (AR) Airport Name Jefferson City Memorial
Modified:
STATE BLOCK GRANT AGREEMENT
SECTION I -TITLE, AUTHORIZATION, PROJECT DESCRIPTION
--State Block Grant Agreement
--Federal Authorization - Airport and Airway Improvement
Act of 1982 (as amended)
--Project Description - Planning, Land/Easement Appraisals
and Acquisitions, Surveying, Engineering Design, Construction
SECTION II - STANDARD AGREEMENT ITEMS
1. PURPOSE
2. PROJECT TIME PERIOD
3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY
4. AMOUNT OF GRANT
5. AMOUNT OF MATCHING FUNDS
6. ALLOWABLE COSTS
7. WITHDRAWAL OF GRANT OFFER
8. EXPIRATION OF GRANT OFFER
9. FEDERAL SHARE OF COSTS
10. RECOVERY OF FEDERAL FUNDS
11. PAYMENT
12. ADMINISTRATIVE/AUDIT REQUIREMENTS
13. APPENDIX
14. ASSURANCES/COMPLIANCE
15. LEASES/AGREEMENTS
16. NONDISCRIMINATION ASSURANCE
17. CANCELLATION
18. VENUE
19. LAW OF MISSOURI TO GOVERN
20. WORK PRODUCT
21. CONFIDENTIALITY
22. NONSOLICITATION
23. DISPUTES
24. INDEMNIFICATION
25. HOLD HARMLESS
26. NOTIFICATION OF CHANGE
27. DURATION OF GRANT OBLIGATIONS
28. AMENDMENTS
29. PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS
30. ASSIGNMENT
31. BANKRUPTCY
32. COMMISSION'S REPRESENTATIVE
33. SPECIAL CONDITIONS
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SECTION III — PLANNING
34. AIRPORT LAYOUT PLAN (ALP)
35. AIRPORT PROPERTY MAP
36. ENVIRONMENTAL IMPACT EVALUATION
37. EXHIBIT "A" PROPERTY MAP
SECTION IV- LAND/EASEMENT APPRAISALS AND ACQUISITIONS
38. RUNWAY PROTECTION ZONE
SECTION V - DESIGN
39. ENGINEER'S DESIGN REPORT
40. GEOMETRIC DESIGN CRITERIA
41. PLANS, SPECIFICATION AND ESTIMATES
SECTION VI - CONSTRUCTION
42. CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS
43. CONSTRUCTION PROGRESS AND INSPECTION REPORTS
44. WAGE LAWS
45. COMPETITIVE SELECTION OF CONTRACTOR
46. REVIEW OF BIDS AND CONTRACT AWARD
47. NOTICE.TO PROCEED
48. DISADVANTAGED BUSINESS ENTERPRISES (DBE) - CONSTRUCTION
49. LABOR STANDARDS INTERVIEWS
50. AIR AND WATER QUALITY STANDARDS
51. FILING NOTICE OF LANDING AREA PROPOSAL
52. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
53. CHANGE ORDERS
54. RESPONSIBILITY FOR PROJECT SAFETY
55. RECORD DRAWINGS
SECTION VII - GRANT ACCEPTANCE
--Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to
comply with grant requirements will jeopardize funding eligibility.
--Certificate of sponsor's attorney
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Sponsor: City of Jefferson
Project No. 06-04OB-8
Airport Name Jefferson City Memorial
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
STATE BLOCK GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and City of Jefferson
(hereinafter, "Sponsor"). Reference will also be made to the Federal Aviation
Administration (hereinafter, "FAA") and the Federal Airport Improvement Program
(hereinafter, "AIP").
WITNESSETH:
WHEREAS, Section 116 of the federal Airport Safety and Capacity Expansion
Act of 1987 amended the previous act of 1982 by adding new section 534 entitled
"State Block Grant Pilot Program", (49 U.S.C. App 2227); and
WHEREAS, the Federal Aviation Reauthorization Act of 1996 declared the State
Block Grant Program to be permanent; and
WHEREAS, the Commission has been selected by the FAA to administer state
block grant federal funds under said program; and
WHEREAS, the Sponsor has applied to the Commission for a sub grant under
said program; and
WHEREAS, the Commission has agreed to award funds to the Sponsor with the
understanding that such funds will be used for a project pursuant to this Agreement for
the purposes generally described as follows:
Construct taxiways A and A2; apron modifications;
NOW, THEREFORE, in consideration of these mutual covenants, promises and
representations, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to provide financial
assistance to the Sponsor under the State Block Grant Program.
(2) PROJECT TIME PERIOD: The project period shall be from the date of
execution by the Commission to December 31, 2008. The Commission's chief engineer
may, for good cause as shown by the Sponsor in writing, extend the project time period.
(3) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: The Sponsor
shall provide satisfactory evidence of title to all existing airport property and avigation
easements and address any and all encumbrances. Satisfactory evidence will consist
of the Sponsor's execution of a Certificate of Title form provided by the Commission.
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(4) AMOUNT OF GRANT: The initial amount of this grant is not to exceed
$1,924,999.00 for eligible preliminary project costs and/or land/easement acquisition. A
grant amendment to cover the balance of eligible project costs will be provided after
construction bids are received.
(A) The amount of grant stated above represents ninety-five percent
(95%) of eligible project costs.
(B) The designation of this grant does not create a lump sum quantity
contract, but rather only represents the amount of funding available for qualifying
expenses. In no event will the Commission provide the Sponsor funding for
improvements or work that are not actually performed. The release of all funding under
this Agreement is subject to review and approval off all project expenses to ensure that
they are qualifying expenses under this program.
(5) AMOUNT OF MATCHING FUNDS: The initial amount of local matching
funds to be furnished by the Sponsor is not to exceed $101,316.00.
(A) The amount of matching funds stated above represents five percent
(5%) of eligible project costs.
(B) The Sponsor warrants to the Commission that it has sufficient cash
on deposit to provide the local matching funds identified above as well as to cover one
hundred percent (100%) of any ineligible items included in the scope of work.
(6) ALLOWABLE COSTS: Block grant funds shall not be used for any costs
that are ineligible as defined in the Airport and Airway Improvement Act of 1982 (as
amended) and the Code of Federal Regulations Title 49 Part 18.
(7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right
to amend or withdraw this grant offer at any time prior to acceptance by the Sponsor.
(8) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the
Commission shall not be obligated to pay any part of the costs of the project unless this
grant Agreement has been executed by the Sponsor on or before July 31, 2007, or such
subsequent date as may be prescribed in writing by the Commission.
(9) FEDERAL SHARE OF COSTS: 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 of the United States
Department of Transportation shall practice. . Final determination of the United States
share will be based upon the 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.
(10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps,
including litigation if necessary, to recover federal funds spent fraudulently, wastefully,
in violation of federal antitrust statutes, or misused in any other manner for any project
upon which federal funds have been expended. For the purpose of this grant
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Agreement, the term "federal funds" means funds used or disbursed by the Sponsor
that were originally paid pursuant to this or any other federal grant Agreement. The
Sponsor shall return the recovered federal share, including funds recovered by
settlement, in order or judgment, to the Commission. It shall furnish to the Commission,
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. effort 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 Commission.
(11) PAYMENT: Payments to the Sponsor are made on an advance basis.
The Sponsor may request incremental payments during the course of the project or a
lump sum payment upon completion of the work. However, this advance payment is
subject to the limitations imposed by paragraph 11(B) of this Agreement.
(A) The Sponsor may request payment at any time subsequent to the
execution of this Agreement by both parties. Requests for reimbursement shall be
supported with invoices. After the Sponsor pays incurred costs, copies of checks used
to pay providers must be submitted to the Commission.
(B) It is understood and agreed by and between the parties that the
Commission shall make no payment which could cause the aggregate of all payments
under this Agreement to exceed ninety percent (90%) of the maximum federal (block
grant) obligation stated in this Agreement or eighty-six percent (86%) of actual total
eligible project cost, whichever is lower, until the Sponsor has met and/or performed all
requirements of this grant Agreement to the satisfaction of the Commission.
(C) Within ninety (90) days of final inspection of the project funded
under this grant, the Sponsor shall provide to the Commission a final payment request
and all financial, performance and other reports as required by the conditions of this
grant with the exception of the final audit report. This report shall be provided when the
Sponsor's normal annual audit is completed.
(D) When force account or donations are used, the costs for land,
engineering, administration, in-kind labor, equipment and materials, etc., may be
submitted in letter form with a breakdown of the number of hours and the hourly
charges for labor and equipment. Quantities of materials used and unit costs must also
be included. All force account activity, donations, etc., must be pre-approved by the
Commission to ensure eligibility for funding.
(12) ADMINISTRATIVE/AUDIT REQUIREMENTS: This grant shall be
governed by administrative and audit requirements as prescribed in the Code of Federal
Regulations (CFR) Title 49 Part 18 and Part 90 respectively.
(A) If the Sponsor expend(s) five hundred thousand ($500,000)or more
in a year in federal finance assistance it is required to have an independent annual audit
conducted in accordance with OMB Circular A-133. A copy of the audit report shall be
submitted to the Missouri Department of Transportation MoDOT within thirty (30) days
of the issuance of the report. Subject to the requirements of OMB Circular A-133, if the
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Sponsor expends(s) less than five hundred thousand dollars ($500,000) a year, the
• Sponsor may be exempt from auditing requirements for that year but records must be
available for review or audit by applicable state and federal authorities.
(B) When the Sponsor's normal annual audit is completed, the Sponsor
shall provide to the Commission a copy of an audit report that includes the disposition of
all federal funds involved in this project.
(C) In the event a final audit has not been performed prior to the closing
of the grant, the Commission retains the right to recover any appropriate amount of
funding after fully considering interest accrued or recommendations on disallowed costs
identified during the final audit.
(D) The Commission reserves the right to conduct its own audit of the
Sponsor's records to confirm compliance with grant requirements and to ensure that all
costs and fees are appropriate and acceptable.
(13) APPENDIX: An appendix to this Agreement is attached. The appendix
consists of standards, forms and guidelines that the Sponsor shall use to accomplish
the requirements of this Agreement. The appendix items are hereby provided to the
Sponsor, and incorporated into and made a part of this Agreement.
(14) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to the FAA
standard airport Sponsor assurances, current FAA advisory circulars (AC's) for AIP
projects and/or Commission's specifications, including but not limited to those as
outlined in attached Exhibit 1. These assurances, advisory circulars and Commission's
specifications are hereby incorporated into and made part of this Agreement.
(A) The Sponsor shall review the assurances, advisory circulars,
Commission's specifications and Order 5190.6A entitled "Airport Compliance
Requirements" dated October 1, 1989, included in the grant appendix and notify the
Commission of any areas of non-compliance within its existing facility and/or operations.
All non-compliance situations must be addressed and a plan to remedy areas of non-
compliance must be established before final acceptance of this project and before final
payment is made to the Sponsor.
(15) LEASES/AGREEMENTS: The Sponsor shall incorporate the FAA
Standard Airport Lease/Agreement provisions into all leases/agreements for use of
airport property other than the public use areas. In addition to these provisions, these
leases/agreements must provide for fair market value income and prohibit exclusive
rights.
(A) Long term commitments (longer than 5 years) must provide for
renegotiation of the terms and payments at least every five (5) years.
(B) Leases/agreements shall not contain provisions that adversely
affect the Sponsor's possession and control of the airport or interfere with the Sponsor's
ability to comply with the obligations and covenants set forth in this grant Agreement.
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(16) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Sponsor agrees as follows:
(A) Civil Rights Statutes: The Sponsor shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e), as
well as any applicable titles of the Americans with Disabilities Act. In addition, if the
Sponsor is providing services or operating programs on behalf of the Department or the
Commission, it shall comply with all applicable provisions of Title II of the Americans
with Disabilities Act.
(B) Administrative Rules: The Sponsor shall comply with the
administrative rules of the United States Department of Transportation relative to
nondiscrimination in federally-assisted programs of the United States Department of
Transportation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference
and made part of this Agreement.
(C) Nondiscrimination: The Sponsor shall not discriminate on grounds
of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Sponsor shall not participate either directly or
indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5,
including employment practices.
(D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Sponsor. These apply to all solicitations either by
competitive bidding or negotiation made by the Sponsor for work to be performed under
a subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the Sponsor of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The Sponsor shall provide all information
and reports required by this Agreement, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Commission or the United
States Department of Transportation to be necessary to ascertain compliance with other
contracts, orders and instructions. Where any information required of the Sponsor is in
the exclusive possession of another who fails or refuses to furnish this information, the
Sponsor shall so certify to the Commission or the United States Department of
Transportation as appropriate and shall set forth what efforts it has made to obtain the
information.
(F) Sanctions for Noncompliance: In the event the Sponsor fails to
comply with the nondiscrimination provisions of this Agreement, the Commission shall
impose such contract sanctions as it or the United States Department of Transportation
may determine to be appropriate, including but not limited to:
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I. Withholding of payments under this Agreement until the
• Sponsor complies; and/or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The Sponsor shall include the
provisions of paragraph 16 of this Agreement in every subcontract, including
procurements of .materials and leases of equipment, unless exempted by the statutes,
executive order, administrative rules or instructions issued by the Commission or the
United States Department of Transportation. The Sponsor will take such action with
respect to any subcontract or procurement as the Commission or the United States
Department of Transportation may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that in the event the Sponsor becomes
involved or is threatened with litigation with a subcontractor or supplier as a result of
such direction, the Sponsor may request the United States to enter into such litigation to
protect the interests of the United States.
(17) CANCELLATION: The Commission may cancel this Agreement at any
time the Sponsor breaches the contractual obligations by providing the Sponsor with a
written notice of cancellation. Should the Commission exercise its right to cancel the
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the Sponsor.
• U written notice to the Sponsor, the Commission reserves the right to
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suspend or terminate all or part of the grant when the Sponsor is, or has been, in
violation of the terms of this Agreement. Any lack of progress that significantly
endangers substantial performance of the project within the specified time shall be
deemed a violation of the terms of this Agreement. The determination of lack of
progress shall be solely within the discretion of the Commission. Once such
determination is made, the Commission shall so notify the Sponsor in writing.
Termination of any part of the grant will not invalidate obligations properly incurred by
the Sponsor prior to the date of termination.
The Commission shall have the right to suspend funding of the project at any
time, and for so long as, the Sponsor fails substantially to comply with all material terms
and conditions of this Agreement. If the Commission determines that substantial
noncompliance cannot be cured within thirty (30) days, then the Commission may
terminate the funding for the project. Should the Sponsor fail to perform its obligations
in substantial accordance with the Agreement (except if the project has been terminated
for the convenience of the parties) and the FAA requires the Commission to repay grant
funds that have already been expended by the Sponsor then the Sponsor shall repay
the Commission such federal funds.
(18) VENUE: It is agreed by the parties that any action at law, suit in equity, or
• other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
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(19) LAWS OF MISSOURI TO GOVERN: This Agreement shall be construed
• according to the laws of the State of Missouri. The Sponsor shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(20) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
Sponsor at the direction of the Commission shall remain the property of the Sponsor.
However, Sponsor shall provide to Commission a copy of magnetic discs that contain
computer aided design and drafting (CADD) drawings and other documents generated
under this grant. Information supplied by the Commission shall remain the property of
the Commission.
(A) The Sponsor shall also supply to the Commission hard copies of
any working documents such as reports, plans, specifications, etc., as requested by the
Commission.
(21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties
confidential factual matter provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor
shall notify the Commission immediately of any request for such information.
(22) NONSOLICITATION: The Sponsor warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay
• any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty,
the Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
(23) DISPUTES: Any disputes of fact that might develop as a result of this
Agreement shall be decided by the Commission.
(24) INDEMNIFICATION: The Sponsor shall be responsible for injury or
damages as a result of any services and/or goods rendered under the terms and
conditions of this Agreement. In addition to the liability imposed upon the Sponsor on
the account of personal injury, bodily injury, including death or property damage,
suffered as a result of the Sponsor performance under this Agreement, the Sponsor
assumes the obligation to save the Commission, including its agents, employees and
assigns harmless, and to indemnify the Commission, including its agents, employees
and assigns, from every expense, liability or payment arising out of such negligent act,
including legal fees. The Sponsor also agrees to hold the Commission, including its
agents, employees and assigns, harmless from any negligent act or omission
committed by any subcontractor or other person employed by or under the supervision
• of the Sponsor for any purpose under this Agreement.
(25) HOLD HARMLESS: The Sponsor shall hold the Commission harmless
from any and all claims for liens of labor, services or materials furnished to the Sponsor
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in connection with the performance of its obligations under this Agreement. Certification
• statements from construction contractors must be provided to ensure all workers,
material suppliers, etc., have been paid.
(26) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the
Commission of any changes in conditions or law which may significantly affect its ability
to perform the project in accordance with the provisions of this Agreement.
(A) All notices or communications required by this Agreement shall be
made in writing and shall be effective upon receipt at the respective addresses of
record. Letters or other documents which are prepared in 8.5 x 11 inch format may be
delivered by telefax or electronic mail (email), provided that an original copy is received
at the same address to which the telefax or electronic mail (email) message was sent,
within five (5) business days of the telefax or electronic mail (email) communication.
Either party may change its address of record by providing written notification to the
other party.
Commission: Administrator of Aviation
Missouri Department of Transportation
P.O. Box 270
Jefferson City, MO 65102
(573) 751-7912
(573) 526-4709 FAX
Joseph.Pestka @modot.mo.gov
Sponsor: Director
Community development Department
320 E. McCarty Street
Jefferson City, MO 65101
(573) 634-6410
(573) 634-6329
(27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective
for the useful life of any facilities/equipment installed with grant funds as stipulated in
attached Exhibit 1, as referenced in paragraph (14), but in any event not to exceed
twenty (20) years. There shall be no limit on the duration of the assurance, referenced
in paragraph B of said Exhibit 1 against exclusive rights or terms, conditions and
assurances, reference paragraph B-1, with respect to real property acquired with federal
funds. Paragraph (30) equally applies to a private sponsor. However, in the case of a
private sponsor, the useful life for improvements shall not be less than ten (10) years.
(A) The financial assistance provided hereunder constitutes a grant to
the Sponsor. Neither the Commission nor the FAA will have title to the improvements
covered by this grant as title to same shall vest in the Sponsor.
• (B) For the period as specified in paragraph 14 of this Agreement, the
Sponsor becomes obligated, upon any sale or disposition of the airport or
discontinuation of operation of the airport to immediately repay, in full, the grant
proceeds or proportionate amount thereof based upon the number of years remaining in
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the original obligation to the Commission. The Commission and the Sponsor hereby
. agree that during said period, the property and improvements which constitute the
subject airport are subject to sale if necessary for the recovery of the federal pro rata
share of improvement costs should this Agreement be terminated by a breach of
contract on the part of the Sponsor or should the aforementioned obligations not be
met.
(C) In this Section, the term "any sale or disposition of the airport" shall
mean any sale or disposition of the airport (i) for a use not consistent with the purpose
for which the Commission's share was originally granted pursuant to this Agreement, or
(ii) for a use consistent with such purposes wherein the transferee in the sale or
disposition does not enter into an assignment and assumption Agreement with the
Sponsor with respect to the Sponsor's obligation under the instrument so that the
transferee becomes obligated there under as if the transferee had been the original
owner thereof.
(28) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representative of the Sponsor and the Commission.
(29) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS:
Contracts for professional services are to be procured by competitive proposals per
federal procurement requirements (49 CFR 18.36). Requests for
proposals/qualifications are to be publicly announced for services expected to cost more
than $25,000 in the aggregate. Small purchase procedures (telephone solicitations or
direct mail) may be used for services costing $25,000 or less.
(A) All professional services contracts are subject to review and
acceptance by the Commission prior to execution by the Sponsor to ensure funding
eligibility.
(30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(31) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver,
trustee, or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
Sponsor responsible for damages.
(32) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement.
(33) SPECIAL CONDITIONS: The following special conditions are hereby
made part of this Agreement:
(A) Lobbying and Influencing Federal Employees: All contracts
awarded by the Sponsor shall include the requirement for the recipient to execute the
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• form entitled "CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS" included in the grant appendix.
This requirement affects grants or portions of a grant exceeding $100,000.
(B) Buy American Requirement: Unless otherwise approved by the
Commission and the FAA, the Sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for 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.
(C) Safety Inspection: The Sponsor shall eliminate all deficiencies
identified in the most recent annual safety inspection report (Airport Master Record
5010-1). If immediate elimination is not feasible, as determined by the Commission, the
Sponsor shall provide a satisfactory plan to eliminate the deficiencies and include this
plan with phased development as outlined in a current and approved airport layout plan.
(D) Navigational Aids: Except for instrument landing systems acquired
with the AIP (block grant) funds and later donated to and accepted by the FAA, the
Sponsor must provide for the continuous operation and maintenance of any navigational
aid funded under the AIP (block grant) program during the useful life of the equipment.
The Sponsor must check.the facility, including instrument landing systems, prior to
• commissioning to ensure it meets operational standards. The Sponsor must also
remove, relocate, or lower each obstruction on the approach or provide for the adequate
lighting or marking of the obstruction if any aeronautical study conducted under FAR
Part 77 determines that to be acceptable; and mark and light the runway, as
appropriate. The FAA will not take over the ownership, operation, or maintenance of
any Sponsor-acquired equipment, except for instrument landing systems.
(E) Environmental Due Diligence Audit (EDDA): The Sponsor shall
conduct an Environmental Due Diligence Audit (EDDA) of all NAVAID (electronic
navigational equipment) sites that will be established or relocated with federal (block
grant) funds. This includes existing equipment that is currently owned and operated by
the FAA Airways Facilities Branch or new equipment for which the Sponsor will be
requesting FAA maintenance.
(F) Notice to Bidders - Required Language: The Sponsor shall include
the following special provision when advertising for bids: "Notice to all potential bidders
on federally funded airport construction projects: As mandated by Executive Order
12818, issued by President George Bush on October 23, 1992, a Job Special Provision
will be inserted into and made a part of every contract for federally funded airport
construction projects, awarded from this or future notices of lettings."
(G) Airport Job Special Provision - Required Language: The Sponsor
• shall include the following special provisions for federally funded airport construction
projects. "By entering into this contract, the Contractor agrees to comply with all
applicable terms of Executive Order 12818, issued by President George Bush on
October 23, 1992, prohibiting certain contractual requirements, and prohibiting
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discrimination against certain persons or entities on the basis of whether or not labor
• organization Agreements or affiliations exist. The Contractor further agrees to include
within its contracts and subcontracts governing this work, a provision that requires those
contractors or subcontractors to comply with Executive Order 12818 (except as may be
exempted by the terms of the executive order itself).
The contractor understands, and agrees to inform its own contractors and
subcontractors, that failure to comply with Executive Order 12818 will subject them to
disciplinary action as appropriate, including but not limited to, debarment, suspension,
termination of the contract for default, or the withholding of payments. The Contractor
also understands that the Sponsor has no policies or contractual provisions which
violate Executive Order 12818."
(H) Grant Made on Preliminary Plans and Specifications and/or
Estimates: This grant is made and accepted upon the basis of preliminary plans,
specifications and/or estimates. Within 60 calendar days from the date of acceptance of
this grant, the Sponsor shall furnish final plans and specifications to the Commission.
Construction work shall not commence, and a contract shall not be awarded for the
accomplishment of such work until the final plans and specifications have been
accepted by the Commission. Any reference made in this grant to plans and
specifications shall be considered as having reference to the final plans and
specifications as accepted.
• Since this grant is made on preliminary plans and specifications and/or
estimates, the grant dollar amount is subject to revision (increase or decrease) after
actual project costs are determined through negotiations, appraisals and/or bids. The
Sponsor agrees that said revision will be at the sole discretion of the Commission.
(1) DISADVANTAGED BUSINESS ENTERPRISES (DBE) -
PROFESSIONAL SERVICES: Disadvantaged business enterprises that provide
professional services, such as architectural, engineering, surveying, real estate
appraisals, accounting, legal, etc., will be afforded full and affirmative opportunity to
submit qualification statements/proposals and will not be discriminated against on the
grounds of race, color, sex or national origin in consideration for selection for this
project. The DBE goals for professional services will be determined by the Commission
at the time each proposed service contract is submitted for Commission's approval.
(34) AIRPORT LAYOUT PLAN (ALP): All improvements must be consistent
with a current and approved Airport Layout Plan (ALP). The Sponsor shall update and
keep the ALP drawings and corresponding narrative report current with regard to the
FAA Standards and physical or operational changes at the airport.
(A) ALP approval shall be governed by FAA Agency Order 5100.38A
entitled Airport Improvement Program Handbook.
• (35) AIRPORT PROPERTY MAP: The Sponsor shall develop (or update), as a
part of the ALP, a drawing which indicates how various tracts/parcels of land within
airport boundaries were acquired (i.e., federal funds, surplus property, local funds only,
etc.). Easement interests in areas outside the fee property line shall also be included.
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A screened reproducible of the Airport Layout Drawing may be used as the base for the
. property map.
(36) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate
the potential environmental impact of this project per federal order 5050.4A-Airport
Environmental Handbook. Evaluation must include coordination with all resource
agencies that have jurisdiction over areas of potential environmental impact and a
recommended finding such as categorical exclusion, no significant impact, level of
impact and proposed mitigation, etc.
(37) EXHIBIT "A" PROPERTY MAP: The Sponsor shall develop (or update)
an Exhibit "A" Property Map, which clearly shows by appropriate legal description, all
airport land owned by the Sponsor, including land and interests in land in the runway
approach areas, plus any areas or tracts/parcels of land proposed to be acquired in
connection with this project. In addition, the map must indicate, by appropriate symbols
or other markings, the property interest (fee title, avigation easement, etc.), the Sponsor
holds in each tract/ parcel of airport land and the property interest to be acquired in
each tract/ parcel of land in connection with this project.
(38) RUNWAY PROTECTION ZONE: The Sponsor agrees to prevent the
erection or creation of any obstruction, residence, structure or place of public assembly
in the Runway Protection Zone, as depicted on the Exhibit "A" Property Map and the
approved ALP, except for NAVAIDS that are fixed by their functional purposes or any
other structure approved by the Commission and the FAA. Any existing obstructions,
structures, facilities or uses, including use of equipment that could interfere with
electronic guidance or communication systems for aircraft, within the Runway Protection
Zone shall be cleared or discontinued unless approved by the Commission and the
FAA.
(A) The Sponsor shall also take any and all steps necessary by fee
ownership or avigation easement to ensure that the land within the designated Runway
Protection Zone will not include anything that violates FAA standards, is an airport
hazard or which might create glare or misleading lights or lead to the construction of
residences, fuel handling and storage facilities, smoke generating activities, or places of
public assembly, such as churches, schools, office buildings, shopping centers, and
stadiums, golf courses or any other uses restricted by FAA standards.
(39) ENGINEER'S DESIGN REPORT: Prior to development of the plans and
specifications, the Sponsor shall provide an engineer's report setting forth the general
analysis and explanation of reasons for design choices. Said report shall include an
itemized cost estimate, design computations, reasons for selections and modifications,
comparison of alternatives, life cycle cost analysis, geotechnical report and any other
elements that support the engineers final plans and specifications.
(40) GEOMETRIC DESIGN CRITERIA: The geometric design criteria shall be
• those promulgated by the FAA in the advisory circular (AC) series and agency orders.
(A) The Sponsor may request and receive approval for adaptation of
said criteria where the FAA and the Commission concur that such adaptation is
- 14 -
appropriate considering safety, economy and efficiency of operation.
• 41 PLANS SPECIFICATIONS AND ESTIMATES: The plans and
( ) P
construction specifications for this project shall be those promulgated by the FAA in the
AC series and agency orders.
(A) The plans shall include a safety plan sheet to identify work areas,
haul routes, staging areas, restricted areas, construction phasing, shutdown schedule
etc., and to specify the requirements to ensure safety during construction.
(B) The Sponsor shall submit all plans, specifications and estimates to
the Commission for review and acceptance prior to advertising for bids for construction.
(42) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In
conjunction with submittal of the construction bid tabulation, the Sponsor shall provide a
construction observation/inspection program setting forth a format for accomplishment
of resident observation, construction inspection and overall quality assurance.
(43) CONSTRUCTION PROGRESS AND INSPECTION REPORTS: The
Sponsor shall provide and maintain adequate, competent and qualified engineering
supervision and construction inspection at the project site during all stages of the work
to ensure that the completed work conforms with the project plans and specifications.
Project oversight by the Commission's project manager or other personnel does not
relieve the Sponsor of this responsibility.
(A) The Sponsor shall require the resident project representative to
keep daily construction records and shall submit to the Commission a weekly
construction progress and inspection report on the FAA form 5370-1 completed by the
resident project representative. A weekly summary of tests completed shall be
included.
(B) Prior to final acceptance, the Sponsor shall provide to the
Commission a testing summary report bearing the engineer's seal including a
certification from the engineer that the completed project is in compliance with the plans
and specifications.
(44) WAGE LAWS: The Sponsor shall ensure its contractors and
subcontractors shall pay the prevailing hourly rate of wages for each craft or type of
worker required to execute this project as determined by the Department of Labor and
Industrial Relations of Missouri, and they shall further comply in every respect with the
minimum wage laws of Missouri and the United States. Federal wage rates under the
Davis-Bacon or other federal acts apply to and govern this Agreement also for such
work which is performed at the jobsite, in accord with 29 CFR Part 5. Thus, this
Agreement is subject to the "Work Hours Act of 1962", Public Law 87-581, 76 Stat. 357,
as amended, and its implementing regulations. The Sponsor shall take the acts that
• may be required to fully inform itself of the terms of, and to comply with, state and
federal laws.
- 15-
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(45) COMPETITIVE SELECTION OF CONTRACTOR: Construction that is to
• be accomplished by contract is to be competitively bid in accordance with federal
procurement requirements (49 CFR Part 18). Bid notices should be published in a
qualified (local or area) newspaper or other advertisement publication located in the
same county as the airport project as a minimum.
(46) REVIEW OF BIDS AND CONTRACT AWARD: The Commission shall
review all contractors' bids and approve the selection of the apparent successful bidder
prior to the Sponsor awarding the construction contract.
(47) NOTICE TO PROCEED: After the Commission receives copies of the
executed construction contract between the Sponsor and the contractor, the
performance and payment bonds; and any other documentation as required by this
agreement, the Commission will authorize the Sponsor to issue a notice to proceed with
construction.
(A) Notice to proceed shall not be issued until the Sponsor has
provided satisfactory evidence of acceptable title to the land on which construction is to
be performed. Ownership status of existing airport property as well as any land or
easements acquired under this project must be included in a Certificate of Title tied to a
current Exhibit "A" property map.
(B) The Sponsor shall issue a notice to the contractor within ten (10)
• days of authorization by the Commission, unless otherwise approved by the
Commission.
(C) Any construction work performed prior to the Sponsor's issuance of
a Notice to Proceed shall not be eligible for funding participation.
(48) DISADVANTAGED BUSINESS ENTERPRISES (DBE)
CONSTRUCTION: The Sponsor shall notify prospective bidders that disadvantaged
business enterprises will be afforded full and affirmative opportunity to submit bids in
response to the invitation and will not be discriminated against on grounds of race,
color, sex or national origin in consideration for an award.
(A) The goal for this project to be awarded to DBE firms shall be
established by the Commission based on the engineer's construction cost estimate
included in the design report. The goal will be a percentage of the federal portion of
the contract costs less the amount expended for land, easements, the Sponsor's in-
house administration, force account work and any noncontractual costs. Failure to meet
the DBE goal can render a bid proposal non responsible at the Commissions discretion.
(B) The Sponsor shall conduct field reviews and interviews with
workers to ensure that the portion of the work identified in the construction contract to
be performed by DBE firms is so performed. Results of these interviews shall be
• submitted to the Commission with the weekly construction progress reports.
(49) LABOR STANDARDS INTERVIEWS: The Sponsor shall conduct periodic
random interviews with the workers to assure that they are receiving the established
- 16 -
• prevailing wages. Results of these interviews shall be submitted to the Commission
with the weekly construction progress reports.
(50) AIR AND WATER QUALITY STANDARDS: Approval of the project is
conditioned on the Sponsor's compliance with the applicable air and water quality
standards in accomplishing project construction and in operating the airport. Failure to
comply with this requirement may result in suspension, cancellation or termination of
federal assistance under this Agreement.
(51) FILING NOTICE OF LANDING AREA PROPOSAL: When a project
involving changes to the runway will be implemented at an airport, the Sponsor must
submit FAA form 7480-1 to the FAA not less than one hundred and twenty (120) days
prior to commencement of any construction or alteration. A copy of the form as filed
with the FAA and the FAA airspace determination letter must be provided to the
Commission.
(A) This form must be submitted for any projects that involve the
widening, lengthening or reconstruction of an existing runway or construction of a new
runway. When the funded project is strictly a master plan/site selection, this form will be
submitted for the final three proposed sites prior to development of the airport layout
plan.
(52) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION:
• When a development project that does not involve changes to the runway will be
implemented at an airport, the Sponsor must submit FAA form 7460-1 to the FAA not
less than 120 days prior to commencement of any construction or alteration. A copy of
the form as filed with the FAA and the FAA airspace determination letter must be
provided to the Commission.
(A) This form must be submitted for construction of any permanent
structures on the airport, temporary structures over 20 feet in height or use of
construction equipment over 20 feet tall. It is not necessary for routine construction
projects unless they include above ground installations.
(53) CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS: All change
orders/supplemental agreements must be submitted to the Commission for approval
prior to implementation to ensure funding eligibility.
(A) Requests for additional work for items not included in the original
bid must be accompanied by a cost analysis to substantiate the proposed costs.
(54) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the
project, the Sponsor shall be responsible for the installation of any signs, markers or
other devices required for the safety of the public. All markers or devices required on
the airport will conform to the FAA regulations or specifications that may apply.
• (A) The Sponsor shall ensure that a safety plan is included in the
contract documents and that the Contractor complies with the safety plan during
construction.
- 17-
(B) It is also the responsibility of the Sponsor to issue, through the
applicable FAA Flight Service Station, any and all Notices to Airmen (NOTAM's) that
may be required. Copies of notices shall also be sent to the Commission as soon as
they are filed with the FAA.
(55) RECORD DRAWINGS: The Sponsor shall provide one (1) set of blue line
or black line as-built construction plans and two (2) sets of the updated ALP with a
narrative report to the Commission upon project completion. The Commission will
forward one (1) set of the updated ALP to the FAA central region office.
IN WITNESS WHEREOF, the parties have entered into and accepted this
Agreement on the last date written below.
Executed by the Sponsor this day of , 2001
Executed by the Commission thi�day of , 20�
. MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION SPONSOR
By
Title Chief Financial Officer T' le ✓L�
Attest: �,,_) Atte :
L!J By 2
ecretary to the Commission
Title
App d as to
orm:
Co mission C unsel
Ci C
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CERTIFICATE OF SPONSOR'S ATTORNEY
1 i a actin as attorney for the Sponsor do
�i � ��l��rr�o �S � g Y P
hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing
grant Agreement under the laws of the State of Missouri. Further, I have examined the
foregoing grant Agreement and the actions taken by said Sponsor and Sponsor's official
representative have 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
Airport and Airway Improvement Act of 1982, as amended. 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 constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
SPONSOR: of
Nathan M . N' ckolaus
Na Spo s Attorney (typed)
tio lf )
SigAlure of Sponsor's Attorney
Date -7/-71
•
f:\mo\aviation\acl0 state block grant agreement.doc
- 19-
• APPENDIX
STATE BLOCK GRANT AGREEMENT
Purpose
The purpose of this appendix is to provide the sponsors with sufficient information to
carry out the terms of the state block grant agreement and implement their project.
The key items are listed below and are available on the MoDOT website
(http://www.modot.M, .gov/),the FAA website(http://www.faa.gov/index.cfin), the State
Block Grant Program Guidance Handbook or other website as indicated.
•
• Aviation - Grant Documentation
State Block Grant Program Guidance Handbook
i
• About the Handbook
• Index
• Section i - Grant Application and Project Selection (48 kb,5pages)
• Section 2 - Project Environmental Requirements (14 kb,3pages)
• Section 3 - Airport Planning Projects (20kb,4pages)
• Section 4 - Land Acquisition (14 kb,3 pages)
• Section 5 - Procurement of Engineering Services (22 kb,4pages)
• Section 6 - Project Development (5o kb, to pages)
State Aviation Trust Fund Program
• State Aviation Trust Fund Program Procedures
Grant/Loan Applications
• Missouri State Block Grant Program Application
• State Aviation Trust Fund Program Application
• MoDOT Innovation Finance (STAR) Pre-Application
• Consultant Services Items
• Sample Advertisement Consultant Selection
• Qualifications Based Selection (QBS) Public Owner's Workbook
• Aviation Project Consultant Agreement
- Exhibit IV- Derivation of Consultant Project Costs
- Exhibit V - Engineering Basic and Special Services-Cost Breakdown
• Master Plan and Airport Layout Plan (ALP) Checklist
• State-Missouri Revised Statutes Sections 8.285-8.291
• State Aviation Trust Fund Project Consultant Agreement
Sponsor Certifications
• Certificate of Title
• Categorical Exclusion Checklist
• Proposed Instrument Approach Checklist
• Sponsor Questionnaire-Airport Compliance Status
• Standard DOT Title VI Assurances
• Sponsor Certification for Drug-Free Workplace
• Sponsor Certification for Selection of Consultants
• Sponsor Certification for Real Property Acquisition
• Sponsor Certification for Projects Plans and Specifications
• Sponsor Certification for Equipment/Construction Contracts
• Sponsor Certification for Construction Project Final Acceptance
• State-Certification of Compliance
•
1
Construction Project Items •
• Weekly Construction Progress and Inspection Report
• Weekly DBE Compliance Review Report
• Weekly Wage Rate Interview Report
• Change Order and Supplemental Agreement Instructions
• Change Order and Supplemental Agreement Form (Auto)
• Outlay Report and Request for Reimbursement (90%) (Form 271)(Manual)
• Outlay Report and Request for Reimbursement (90%) (Form 271)(Auto)
• Outlay Report and Request for Reimbursement (95%) (Form 271)(Manual)
• Outlay Report and Request for Reimbursement (95%) (Form 271)(Auto)
• State-Request for Payment
Project Closeout Items
• Final Testing Report (Checklist)
• Electrical Systems Testing Report
• Precision Approach Path Indicator (PAPI) Inspection Report
• Preliminary Data Information for New or Relocated PAPI Facilities
• Contractor's Certification Regarding Settlement of Claims
• Sample Certification Letter from Prime Contractor Regarding DBE's
MoDOT Construction Specifications
• Federal-Preparation of Project Plans and Specifications
• Federal-Construction Observation Program •
• State-Preparation of Project Plans and Specifications
• State-Construction Observation Program
• Construction Observation Program (Non-Paving)
• Construction Observation Program-Required Tests and Certifications
• Construction Plans Checklist
• -MO-100 Mobilization
• MO-152 Excavation and Embankment
• MO-155 Fly Ash Treated Subgrade
• MO-156 Erosion and Sediment Control
• MO-161 Wire Fence with Steel Posts
• MO-162 Chain-Link Fences
• MO-209 Crushed Aggregate Base Course
• MO-401F Plant Mix Bituminous Pavements
• MO-401S Plant Mix Bituminous Pavements
• MO-500 Joint and Crack Resealing-Concrete Pavement
• MO-501 Portland Cement Concrete Pavements
• MO-601 Surface Preparation
• MO-602 Bituminous Prime Coat
• MO-603 Bituminous Tack Coat
• MO-610 Structural Portland Cement Concrete
• MO-620 Runway and Taxiway Painting
• MO-622 Crack and Joint Sealing-Bituminous Pavement
• MO-623 Pavement Friction Sealcoat Surface Treatment
• MO-701 Pipe for Storm Drains and Culverts
• MO-706 Prefabricated Underdrains
• MO-901 Seeding •
• MO-905 Topsolling
• MO-908 Mulching
2
• MoDOT Electrical Specifications
• MO-101 Installation of Airport Rotating Beacon
• MO-103 Installation of Airport Beacon Towers
• MO-107 Installation of Airport 12-Foot Wind Cone
• MO-108 Installation of Underground Cable for Airports
• MO-109 Installation of Airport Transformer Vault and Vault Equipment
• MO-110 Installation of Airport Underground Electrical Duct
• MO-120 Installation of Airport Precision Approach Path Indicator (PAPI) System
• MO-125 Installation of Airport Lighting System
3
Airports Central Region— AIP Guide Index
P g
This guide has been prepared to assist Central Region. airport sponsors and their consultants in obtaining
and administering an Airport Improvement Program (AIP) grant. This guidance is intended to provide a
convenient resource for identifying the requirements associated with the AIP and as established within
relevant Federal regulations and statutes. Users of this site are advised that this guidance is not intended to
establish nor create requirements for participation in the AIP. Requirements for AIP participation are
established within United States Code, Public Law, Federal Regulations and official FAA policy.
100-Airport Improvement Program(AIP) 600-Project Formulation
110 -Checklist for Typical AIP Development Project 610 -Requesting Aid: ACIP
120 - Sponsor Eligibility 620 -Benefit/Cost Analysis
130 -Project Eligibility 700 -Grant Implementation
140 - AIP Obligations 710 -Project Application
150 -FAA Standards 720 - Sponsor Assurances
160 -Non-Primary Entitlement Funds 730 -Drug Free Workplace Requirements4
200 - Civil Rights 740 -Title VI Assurance
210 -DBE Overview 750 -Executing the Grant Offer
220 -DBE Program Submittal 800- Sponsor Certification
230 -DBE Contract Goal and Provisions 900-Project Design Development Projects
240 -Good Faith Efforts 910 -Predesign Conference
*00-Procurement of Professional Services 920 -Engineer's Report
310 -Roles and Responsibilities 930 -Plans and Specifications
320 - Selection Guide 931 -Project Drawings
330 -Contract Establishment 932 -Project Manual
400 -Procurement 940 -Regional Approved Modifications to AC
410 - Small Purchase Procedures 150/5370-10
420 -Protest Procedures 950 - Sponsor Modifications of FAA Standards
500-Airport Planning 951 -Use of State Standards
510 -National Plan of Integrated Airport Systems 960 - Safety Plan
(NPIAS) 1000-Construction
520 -Airport Layout Plans 1010 -Bidding
530 -Environmental Review 1020-Contract Award
531 -Categorical Exclusions 1030 -Construction Management Program
540 -Airport Site Investigations 1040 -Preconstruction Conference
541 -Evaluation Factors for Airport Site 1050 -Notice-to-Proceed
Investigations 1060 - Labor Provisions
550 -Runway Protection Zones 1061 -Contractor's Responsibilities
560 -Airport Property Interests 1062-Applicable Labor Standards
561 -Avigation Easements 1070 -Inspections
562 -Zoning Around Airports 1071 -Final Acceptance
570 -Apron Design 1080 -Contract Modifications
580 -Planning Resources 1081 -Change Order
1082- Supplementary Agreements
•
1100-Runway Commissioning 1400-Sponsor Force Accounts
1110 -LAP Survey Requirements (405) 1410 -Engineering Force Account
1111 -LAP Runway Data(405) 1420 -Construction Force Account
1112-IAP Obstruction Data(405) 1500- Grant Payments
1113 -LAP NAVAID Data(405) 1510 -Drawdown Submittal Information
1120-Airport Master Record(50 10) 1520 -Frequently Ask Questions s
1121 -Data Elements 1600 - Grant Closeout
1200-Equipment Project 1610 -Development Project Closeout
1210-Federal Provisions 1620 -Equipment Project Closeout
1220 - Sample Bid Documents 1630 -Grant Amendment
1300-Airport Land Acquisition 1700-Post Grant Obligations
1310-Environmental Site Assessment 1710 -Record Keeping
1311 -Frequently Asked Questions 1720 -Audit Requirements
1320 - Satisfactory Evidence of Good Title 1730 -Financial Reports
1321 -Title Opinion 1740 -Compliance
1322 -Exhibit A Property Map 1750 -Pavement Maintenance
1760 -Release of Airport Property
For further information, please contact:
FAA ACE-60901 Locust
Kansas City, Mo 64106-2325
(816) 329-2600
http://www.faa.gov/airports_airtraffic/airports/regional_guidance/central/aip/sponsor_guide/
Updated: 8:35 am ET April 20, 2006
3
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4
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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 sea.1
C. Federal Fair Labor Standards Act-29 U.S.C.201,et sea.
d. Hatch Act-5 U.S.C. 1501,et seg.z
Airport Assurances(3/2005)
2 •
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C.4601,et se g.'Z
f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C.
470(f).I
g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469
through 469c.'
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et
M.
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.1
1. 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 sea.
P. American Indian Religious Freedom Act,P.L.95-341,as amended.
q Architectural Barriers Act of 1968-42 U.S.C.4151,et sea.I
r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.
8373.'
S. Contract Work Hours and Safety Standards Act-40 U.S.C.327,et sm.'
t. Copeland Anti kickback Act- 18 U.S.C. 874.'
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,et seo.z
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 I -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).'
Airport Assurances(3/2005)
• 3
h. 49 CFR Part 18-Uniform administrative requirements for grants and
cooperative agreements to state and local governments.;
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.
l 49 CFR Part 24-Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.12
m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.
o. 49 CFR Part 29—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
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
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to file this application,including all understandings and assurances
contained therein;to act in connection with this application;and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure operation
and maintenance of items funded under 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 cant'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
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property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor,it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public-use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor,the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code,the regulations and the terms,conditions and
assurances in 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.
S. Consultation with Users. In making a decision to undertake any airport development
project under Title 49,United States Code,it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport,an airport runway, or a
major runway extension,it has afforded the opportunity for public hearings for the purpose
of considering the economic,social,and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by the community and it shall,when requested by the Secretary,submit a copy of the
transcript of such hearings to the Secretary. Further,for such projects,it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location,a major runway
extension,or runway location it will provide for the Governor of the state in which the
project is located to certify in writing to the Secretary that the project will be located,
designed,constructed,and operated so as to comply with applicable air and water quality
standards. In any case where such standards have not been approved and where applicable
air and water quality standards have been promulgated by the Administrator of the
Environmental Protection Agency,certification shall be obtained from such Administrator.
Notice of certification or refusal to certify shall be provided within sixty days after the
project application has been received by the Secretary.
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
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reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport,as defined in Title 49,it has,on the date of submittal of the project grant
application,all the safety equipment required for certification of such airport under section
44706 of Title 49,United States Code,and all the security equipment required by rule or
regulation,and has provided for access to the passenger enplaning and deplaning area of
such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of 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
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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 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
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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
(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.
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C. Each fixed-based operator at the airport shall be subject to the same rates,
fees,rentals,and other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,non tenant,or
subtenant of another air carrier tenant)shall be subject to such
nondiscriminatory and substantially comparable rules,regulations,
conditions,rates,fees,rentals,and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities,subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent
any person,firm,or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including,but not limited to maintenance,repair,and fueling]that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance,the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable,and not unjustly
discriminatory,conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type,kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing,or intending to provide,aeronautical services to the public. For purposes of this
paragraph,the providing of the services at an airport by a single fixed-based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly,burdensome,or impractical for more than one
fixed-based operator to provide such services,and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed-based operator and such airport.
It further agrees that it will not,either directly or indirectly,grant or permit any person,firm,
or corporation,the exclusive right at the airport to conduct any aeronautical activities,
including,but not limited to charter flights,pilot training,aircraft rental and sightseeing,
aerial photography,crop dusting,aerial advertising and surveying,air carrier operations,
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•
aircraft sales and services,sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity,repair and maintenance of aircraft,sale of
aircraft parts,and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity,and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49,United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport,taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development, airport
planning or noise compatibility project for which a grant is made under Title 49,United States
Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport
and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates,and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the.airport and any local taxes on aviation fuel
established after December 30, 1987,will be expended by it for the capital or
operating costs of the airport;the local airport system;or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of
passengers or property;or for noise mitigation purposes on or off the airport.
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
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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
(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
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be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the
Secretary and which might,in the opinion of the Secretary,adversely
affect the safety,utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety,utility,or efficiency of
any federally owned,leased,or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary,the owner or operator will,if requested,by the Secretary(1)
eliminate such adverse effect in a manner approved by the Secretary;or(2)
bear all costs of relocating such property(or replacement thereof)to a site
acceptable to the Secretary and all costs of restoring such property(or
replacement thereof)to the level of safety,utility,efficiency,and cost of
operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
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,including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes(other
than noise compatibility),it will,when the land is no longer needed for
airport purposes,dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States'share of the cost of acquisition of such land will,(1)upon
application to the Secretary,be reinvested in another eligible airport .
improvement project or projects approved by the Secretary at that airport
or within the national airport system,or(2)be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
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C. Land shall be considered to be needed for airport purposes under this
assurance if(1)it may be needed for aeronautical purposes(including
runway protection zones)or serve as noise buffer land,and(2)the revenue
from interim uses of such land contributes to the financial self-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.
d. Disposition of such land under(a)(b)or(c)will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract,or sub-contract for program
management,construction management,planning studies,feasibility studies,architectural
services,preliminary engineering,design,engineering,surveying,mapping or related
services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title 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
1/8/o7 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
Airport Assurances(3/2005)
14 •
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 terns shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program,the
Department may impose sanctions as provided for under Part 26 and may,in appropriate
cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986(31 U.S.C.3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft
agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's
expense,the airport owner or operator will grant to the aircraft owner for the hangar a long
term lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport(as
defined in section 47102 of title 49,U.S.C.)has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport,the airport owner
or operator shall transmit a report to the Secretary that-
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated;and
3. Provides a time frame within which,if any,the airport will be able
to accommodate the requests.
b. Such report shall be due on either February I or August 1 of each year if
the airport has been unable to accommodate the request(s)in the six month
period prior to the applicable due date
•
Airport Assurances (3/2005)
CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS
Dated: 118107
View the most current versions of these ACs and any associated changes at
htti)://www.faa.gov/airports airtraffic/airports/resources/advisory circulars/.
70/7460-1 K* Obstruction Marking and Lighting
150/5000-13 Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airport Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-66 Airport Master Plans
150/5070-7 The Airport System Planning Process
150/5200-28C Notices to Airmen (NOTAMS)for Airport Operators
150/5200-30A Airport Winter Safety and Operations
and Changes 1
through 8
150/5200-33A Hazardous Wildlife Attractants On or Near Airports
150/5210-56 Painting, Marking and Lighting of Vehicles Used on an Airport
• 150/5210-7C Aircraft Fire and Rescue Communications
150/5210-13B 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
150/5210-18 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
150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Non-Federal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
and Change 1
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 and Airport Snow and Ice Control Equipment
Change 1
• 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A Engineered Materials Arresting Systems (EMAS)for Aircraft Overruns
150/5300-13 and Airport Design
Changes 'l
through 10
150/5300-14 and Design of Aircraft Deicing Facilities
Changes 1
through 2
150/5300-16 General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
150/5300-17 General Guidance and Specifications for Aeronautical Survey Airport
Imagery Acquisition and Submission to the National Geodetic Survey
150/5300-18 General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System
GIS Standards
150/5320-513 Airport Drainage
150/5320-6D and Airport Pavement Design and Evaluation
Changes 1
through 4
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
and Changes 1 Pavement Surfaces
through 7
150/5320-14 Airport Landscaping for Noise Control Purposes •
150/5320-15 and Management of Airport Industrial Waste
Change 1
150/5325-413 Runway Length Requirements for Airport Design
150/5335-5A Standardized Method of Reporting Pavement Strength PCN
150/5340-1J Standards for Airport Markings
150/5340-56 and Segmented Circle Airport Marker System
Change 1
150/5340-18D Standards for Airport Sign Systems
150/5345-3E Specification for L821 Panels for Control of Airport Lighting
150/5345-513 Circuit Selector Switch
150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10F Specification for Constant Current Regulators Regulator Monitors
150/5345-12E Specification for Airport and Heliport Beacon
150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26C Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D Specification for Wind Cone Assemblies •
150/5345-28F Precision Approach Path Indicator(PAPI)Systems
15015345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers
2
150/5345-42F Specification for Airport Light Bases,Transformer Housings,Junction Boxes
and Accessories
15015345-43F Specification for Obstruction Lighting Equipment
150/5345-44G Specification for Taxiway and Runway Signs
150/5345456 Low-Impact Resistant(LIR) Structures
150/5345-46C Specification for Runway and Taxiway Light Fixtures
150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49B Specification L854, Radio Control Equipment
150/5345-50A Specification for Portable Runway and Taxiway Lights
150/5345-51A Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5345-53C Airport Lighting Equipment Certification Program
150/5345-54A Specification for L-1884 Power and Control Unit for Land and Hold Short
and Change 1
150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12D Airport Signing and Graphics
150/5360-13 and Planning and Design Guidance for Airport Terminal Facilities
Change 1
150/5370-2E Operational Safety on Airports During Construction
150/5370-10B Standards for Specifying Construction of Airports
150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-213 Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
"This AC is available at htti)://www.faa.gov/ats/ata/ai/index.htmi or
htti)://www.airweb.faa.gov/Regulatory and Guidance Library/rgAdvisoryCircular.nsf/MainFrame?ODenFrameSet.
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
Dated: 1/8/07
•
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
3
•
150/5100-15A Civil Rights Requirements for the Airport Improvement Program
150/5100-17 and Land Acquisition and Relocation Assistance for Airport Improvement
Changes 1 Program Assisted Projects
through 6
150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Airfield Pavement Surface Evaluation and Rating(PASER) Manuals
150/5370-613 Construction Progress and inspection Report—Airport Grant Program
150/5370-11 A Use on Nondestructive Testing Devices in the Evaluation of Airport
Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7A Airport Pavement Management System
150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Dated: 1/8/07
R:
150/5000-12 Announcement of Availability—Passenger Facility Charge(PFC)Application
(FAA Form 5500-1)
RECEIVED
JUL 2 3 2007
OPERATIONS
i
4