HomeMy WebLinkAbout2012-063-07/24/2012-AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2012 GRANT AGREEMENTS WITH THE FEDERAL AVIATION ADMINIST RESOLUTION 2012-063
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2012
GRANT AGREEMENTS WITH THE FEDERAL AVIATION ADMINISTRATION
FOR IMPROVEMENTS AND EQUIPMENT ACQUISITIONS
AT THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS,the Cities of Fort Collins and Loveland (the "Cities")jointly own and operate
the Fort Collins-Loveland Municipal Airport (the "Airport"); and
1
WHEREAS, the Cities, by resolution, have adopted the Fort Collins-Loveland Municipal
Airport Master Plan; and
WHEREAS,the Federal Aviation Administration provides grant funding to eligible airports
to enable those airports to pursue, in a timely manner, capital improvements and projects included
within an adopted Airport Master Plan; and
WHEREAS, the Cities have applied for, and have been offered,two capital funding grants
from the Federal Aviation Administration as follows:
(a) a grant in the amount of$339,964 to fund design services for the 2013 capital
construction project to rehabilitate the Airport's apron as identified in the
proposed Grant Agreement(AIP Project No. 3-08-0023-30),attached hereto
as Exhibit"A" and incorporated herein by this reference; and
(b) a grant in the amount of$244,232 to fund the acquisition of snow removal
equipment as identified in the proposed Grant Agreement (AIP Project No.
3-08-0023-31),attached hereto as Exhibit`B"and incorporated herein by this
reference;
(collectively referred to as the "2012 Grant Agreements"); and
WHEREAS, the projects identified in the 2012 Grant Agreements are identified in the Fort
Collins-Loveland Municipal Airport Master Plan as first priority projects; and
WHEREAS, the grant funds and matching local funds necessary to accept the grants from
the Federal Aviation Administration have been appropriated as a part of the Airport's 2012 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the 2012 Grant Agreements are hereby approved.
Section 2. That the City Manager is hereby authorized, following consultation with the
City Attorney, to modify the 2012 Grant Agreements in form or substance as deemed necessary to
effectuate the purposes of this resolution or to protect the interests of the City.
Section 3. That the City Manager and the City Clerk are hereby authorized and directed
to execute the 2012 Grant Agreements on behalf of the City.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
24th day of July A.D. 2012.
FORT CO!
Q •'' • '•• !� �,,�� /�C/��/T�i�,-rim
ATTEST:
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••COLORP�
City Clerk
EXHIBIT A
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer:
Airport: Ft. Collins- Loveland Municipal
Airport
Project Number: 3-08-0023-30
Contract Number: DOT-FAI2NM-IOXX
DUNS H: 07-648-1407
To: City of Ft.Collins,Colorado City of Loveland, Colorado
(herein called the "Sponsor")
From: The United States of America(acting through the Federal Aviation Administration, herein called the "FAA")
Whereas, the Sponsor has submitted to the FAA a Project Application dated June 20. 2012 for a grant of Federal funds
for a project at or associated with the Ft. Collins-Loveland Municipal Airport, which Project Application, as approved by
the FAA, is hereby incorporated herein and made a part hereof; and
Whereas, the FAA has approved a project for the Airport (herein called the "Project")consisting of the following:
Rehabilitate Apron (design),
all as more particularly described in the Project Application.
FAA Form 5100-37(7/90) 7
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49. United States Code, as
amended, herein called "the Act", and in consideration of(a) the Sponsor's adoption and ratification of the representations
and assurances contained in said Project Application and its acceptance of this offer as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the
assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON
BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the
allowable costs incurred in accomplishing the Project, 90.00 per centimt thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS-
Conditions
I. The maximum obligation of the United States payable under;this offer shall be $_± , For the purpose of any
future grant amendments. which may increase the foregoing maximum obligation of the United States under the
provisions of Section 47108(b)of the Act, the following amounts are being specified for this purpose:
$-0- for planning
$_for airport development.
2. The allowable costs of the project shall not include any costs determined by the IFAA to be ineligible for
consideration as to allowability under the Act.
Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with
the provisions of such regulations and procedures- as the Secretary shall prescribe. Final detenmination of the
United States share will be based upon the final audit of the�toial amount of allowable project costs and settlement
will be made for any upward or downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delay and in accordance with the terns
hereof. and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the
assurances- which were'made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. 'Phis offer shall expire and the United States shall not be obligated to pay any par of the costs of the project
unless this offer has been accepted by the sponsor on or before August—, 2012. or such subsequent date as may
be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal fluids spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner iui any project upon which
Federal Funds have been expended. For the.purposes of this grant agreement, the terns "Federal funds" means
funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or
jud=meat, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise,
involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. 'file United States shall not be responsible or liable for damage to property or injury ao persons, who ma_v arise
from, or be incident to, compliance with this grant agreement.
FAA Form 5100-37(7190) 2
Special Conditions
9. The sponsor 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
Required for use in AIP Funded and PFC Approved Projects," dated January 25, 2012, and included in this _rant,
and in accordance with applicable state policies, standards, and specifications approved by the Secretary.
I(l. It is mutually understood and agreed that if,during the life of the project,the FAA determines that the maximum
grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent
(5%), whichever is _realer, the maximum obligation of the United States can be unilaterally reduced by letter
from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and
allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the
amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the
increase. It is further understood and agreed that if,during the life ofthe project, the FAA determines that a
change in the grant description is advantageous and in the best interests of the United States, a letter from the
FAA will unilaterally amend the change in grant description. Upon issuance of the aforementioned letter, either
the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to
the description specified.
I I. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport
pavement maintenance management program as is required by Airport Sponsor Assurance Number C-11. The
Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with
federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined
below:
PAVEMENT MAINTENANCE iNLWAGEMENT PROGR:\M
An effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use
any form of inspection program it deems appropriate. The program must, as a minimum, include the following:
a. Pavement Inventory.The following must be depicted in an appropriate form and level of detail:
(1) location of all runways-, taxiways,and aprons;
(2) dimensions:
(3) type of pavement, and;
(4)year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP)assurances, pavements that have been constructed,
reconstructed, or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded
pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory
Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of
inspections may be extended to three years.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
FAA Form 5100-37(7/90) 3
c. Record Keeping. Complete inf6rtnation on the findings of all detailed inspections and orn the maiistenance
performed must be reconciled and kept on file for a minimum of five years. The apes of distress- their
locations, and remedial action, scheduled or performed, must be documented. The minimum infortation to
be recorded is listed below_
(1) inspection date,
(2) location,
(3) distress types, and
(a) maintenance schedukd or pet+fannned.
For drive-by inspections, the date ofiitepecaion and any maintenance performed must be recordeul.
d. Information Retrieval.An airport sponsor may use any form o te f record keeping it deems apgrepiria _so Ion_
as the information and records produced by the pavement survey can be retrieved to provide a reptant to th+e
FAA as may be requiredi.
e. Reference. Refer to Adluiiory Circular 05W5386-6, "Guidelines and Procedures for Nlaintimanee of Airpon
Pavements," for specifaz guidelines and procedures for maintaining airport pavements and establikIting an
effective maintenance progratn. !Specific types of distress, their probable causes, inspection guidelines. and
recommended methods of repair are presented.
12. In accordance with Section 4ri1, ()8(b),ef the Act,as amended,the maximum obligation of the Unumed Stares,as
stated in Condition No. I of'd!ris Grant Offer
a. may not be increased fkuu a platmting puaaject;
b. may be increased by not nwm d mn 15 percent for development projects;
C. may be increased by mat enore•hliatn 15 percent for land projects.
13. 'The Sponsor agrees to conmply with the Assurances attached to this offer, which replaces the asimrances
that accompanied the AppEcatiom for Fedmal Assistance.
lit. TRAFFICKING IN PERSONS
a. Provisions applicable ton recipient that is a private entity.
I. You as the recipieno_your employees. subrecipients under this award, and subreciipit-ras etmployees
may not—
i. Engage in severe founts of trafficking in persons during the period of tiiauz that tore award
is in effect,:
ii. Procure a comnwrcia0 sex act during the period of time that the award iu in effect or
iii. Use domed IhWr in the performance of the award or subawards under thi awardl.
2. We as the Feder 11 awarding agency may unilaterally terminate this award, without pemhy, iffyou or
subrecipient that is a private entity—
1. Is deterntinedl to have violated a prohibition in paragraph a.I of this award tenn;:or
ii. I las an employee who is determined by the agency official authorizedto terminate the
award to have violated a prohibition in paragraph a.I of this award term through condiuct that is
either—
A. Asw6ated tvah perIbirmance under this award: or
B. Imputed to you or the subrecipient using the standards and due protests for imgming the
condluce of an indivici!nal to an organization that are provided in 2 CFR part 180_'ONEB
Guidelines W Agencies on Goventmentwide Debarment arced Sitspensiom
(Nooprocurermnt),"as implemented by our agency at 49 CFR Part 29,
FAA Form 5100-37(7190) q
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may
unit• teralty terminate this award,without penalty,if a subrecipient that is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or
1 Has an employee who is determined by the agency official authorized to terminate the award to have
violated an applicable prohibition in paragraph a.I of this award terns through conduct that is either—
i_ Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards- and due process for imputing the conduct
of an individual to an organization that are provided in 2 CFR par 130. "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented
by our agency at 49 CFR Pan 29.
e. Provisions,applicable to any recipient.
1. You must inform us immediately of anv information you receive from any source alle,,ing a violation
of a prohibition in paragraph a.I of this award term.
Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), as
amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
�. You must include the requirements of paragraph a.l of this award term in any subaward you make to
a private entity.
d. BetinitiomL For purposes of this award term:
1. "Employee" means either:
i. An individual emploved by you or a subrecipient who is engaged in the performance of
the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in-kind contribution toward cost sharing or
matching requirements.
1 "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring.
transportation, provision, or obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage. or
slavery.
3. "Private entity":
1. deans any entity other than a State, local government. Indian tribe. or foreign public
entity, as those tennis are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization. including any nonprofit institution of higher education.
hospital, or tribal organization other than one included in the definition of Indian tribe at
2 CPR 17525(15).
B. A for-profit organization.
4. "Severe forms of trafficking in persons,"`commercial sex act," and "coercion" have the meanines
given at section 103 of the TV PA, as amended(22 U.S.C. 7102).
15. The Sponsor a_=rees to perform the following:
a. Finnish a construction management program to FAA prior to the start of construction which shall detail the
measures and procedures to be used to comply with the quality control provisions of the construction contract,
FAA Farm 510047(7190) ..
including, but not limited to, all quality control provisions and tests required by the Federal specifications.
The program shall include as a mininnnn:
(1) The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the contract.
(2). Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project, together with a description of the services to be provided.
(3) Procedures for determining that testing laboratories meet the requirements of the American Society of
Testing and Materials standards on laboratory evaluation, referenced in the contract specifications(D 3666, C
1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be
taken,the method of sampling,the applicable test standard,and the acceptance criteria or tolerances permitted
for each type of test-
(6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented
daily,and that the proper corrective actions, where necessapt are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests
perforated, highlighting those tests that failed or did not meet the applicable test standard. The report shall include
the pay reductions applied and the reasons for accepting any out-of-tolerance material. An interior test and quality
control report shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests. shall. absent
any compelling justification, result in a reduction in Federal participation for costs incurred in connection with
construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on
the type or types of required tests not performed or not documented and will be commensurate with the proportion
of applicable pavement with respect to the total pavement constructed under the grant agreement.
d. 'file FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that sponsor test results are inaccurate
16. "file sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant services, the
Sponsor agrees to make payment only for work that has been satisfactorily completed. It is understood by and
between the parties hereto that the approximate value of final project documentation is ten percent (10%) of the
total value of the engineering services contract, and that amount will not be paid to the Engincer until acceptable
final project documentation is provided.
17. The Sponsor shall provide for a Single Audit in accordance with Office of Management and Budget Circular A-
133. The Sponsor shall submit theySingle Audit reporting package to the Federal Audit Clearinghouse oil the
Federal Audit Clearinghouse's Internet Data Entry system at
httu://harvester.census.goy/lac/cmllecUddcindechunl. The Sponsor shall also provide one copy of the completed
A-133 Audit Yo the Denver Airports District
FAA Form 5100-37(7190) Fi
The Sponsors acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as hereinafler provided. and this Offer and Acceptance shall
comprise a Grant Agreement, as provided by Title 49, U.S.C., Subtitle Vll, Part B. as amended constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance
with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
John P. Bauer
Manager. Denver Airports District Office
Part II - Acceptance
The Sponsordoes hereby ratify and adopt all assurances,statements,representations, warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and do hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this day,of , 2012
CITY OF FT. COLLINS.COLORADO
(SFAL) (Signature Sponsor's Designated Official Representative)
Bv: Darin Aucberry
(Typed Name of Sponsor's Designated Representative)
Attest:
City Manager
(Typed'Title of Sponsors Designated Official Representative)
Certificate of Sponsor's Atiornec
L ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of
COLORADO. Further. I have examined the foregoing Grant Agrecment and the actions taken by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws
of the said State and the Act. In addition. for grants involving projects to be carried out on property not owned by the Sponsor, there
are no le�1 impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement -
constitutes a leeal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at this day of ,2012
Signature of Sponsor's Attorney
FAA Form 5t00-37(7190) 7
The Sponsor does hereby ratify and adbgtr all assurances,statements, representations, warranties,covenants.and macements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and do hereh,accept de Offer and by such
acceptance agrees to comply with alllwfthe terms and conditions in this Offer and in the Project Application.
Executed this day of ,2012
CITY OF LOVELAND,COLORADO
(SEAL) (Signature Sponsor's Designated Otlaial Representative)
Bv: William D.Cahill
(Typed Name of Sponsor's Desiir�mted Representative)
Attest: City Manager
(Typed Title of Sponsor's Designated Official Representative)
Certifneate of Sponsor's Attorney
I, ,actin,as Anornev for the Sgorrsor do hereby certify:
That in my opinion the Sponsor iii, empowered to enter into the foregoing Grant Agreement mtcler thre harts of the Stare of
COLORADO. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsana tl Sponsor's official
representative has been duly authorized and that the exeetnnon thereof is in all respects due and proper and in au¢wrdance with the laws
of the said State and the Act. In adlJsLiora for grartts involving projects to be tamed out on property riot owned b%,the Sponsor,there
are no legal impediments tfrot will pretest full performan by the Sponsor. Further, it is my opinitm that thl slid Grant Agreesrrent
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at this_day of 2012
Signature of Sponsor's Attorney
FAA Form 5100-37(7190) 3
FAA
o Airports
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN
AIP FUNDED AND PFC APPROVED PROJECTS
Updated: 1/25/2012
View the most current versions of these ACs and artwassociated Changes at
htto:llvlvNl.faa.covlairportslresourcesladvFsary arcutars
TITLE.
,NUMIBER.
7017460-1 K Obstruction Marking and Liahting
15015000-1 3A Announcement of Availability—RTCAinc., Document RTCA-221. Guidance and
Recommended Requirements for Airprents Surface Movement Sensors
15015020-1 Noise Control and Compatibility PlanniE2 for Airports
15W5070-613Change 1 Airport Master Plans
150Y5070-7 The Airport System Planning Process
150151100-113a Development of State Standards for Nbrr,Primary Airports
I50l5200-28D Notices to Airmen(NOTAMS)for Airition Operators
15015200-30C Airport Winter Safety and Operations
1505200-338: Hazardous Wildlife Attractants on or NisaF Airpofts
1506210-513 Painting, Marking and Lighting of Vehides,Used on an Airport
15015210-7D, Aircraft Fire and Rescue Communications
15015210-13C Airport Water Rescue and Equipment
15015210-146 Aircraft Rescue Fire Fighting Equipment Tools, and Clothing
15015210-15A Airport Rescue&Firefighting Station ffluilffng Design
121,Ll I M Systems for Interactive Training of Airport Personnel
11CR52 i0_19A Driver's Enhanced Vision System(DP_VSj
1-1505220-1 GE Guide S2ecification for Aircraft Rescue and Firefighting Vehicles
15015220-16D Automated Weather Observing Systems for Non-Federal Applications
115015220-175 Aircraft Rescue and Firefighting(ARFFI Training Facility
15015220-18A, Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment
and Materials
;506220-20 and Change 1 Airport Snow and Ice Control Equipment
1505220-219 Guide Specification for Lifts Used to Roard'Airline Passengers With Mobility
Impairments
150i5220-224k Engineered Materials Arresting System(EMASE for Aircraft Overruns
150V5220-23 Franoible Connections
150r5220-24 Foreign Object Debris Detection Equioment
',50.15300-78 FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes
1 5015300-1 3 and Chan es 1 —18 Airport Design
I 4jZ,3U(2-14 5, — Design of Aircraft Deicing Facilities
IWOWCL 16A General Guidance and Specifications for Aeronautical Surveys;
Establishment of Geodetic Control and Submission to the National Geodetic Survey
150f53134 1 7C General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition
iW5300-18EI General Guidance and Specifications for Submission of Aeronautical Surveys to
NGS Field Data Collection and Geocir2ohic information System(GIS)Standards
150,15320-5C snd Change 1 Surface Drainaae Design
i5015320-6E Airport Pavement Design and Evaluation
1:015320-12C and Changes 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement
Surfaces
15015320-15,% Manaqement of Airport Industrial Wasimm
150f5325,49 Runway Length Requirements for Airport Design
150d5335-5E Standardized Method of Reportinq Airport Pavement Strength PCN
1505340-1 K Standards for Airport Markinqs
1 501534 0-5C Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-30F Desion and Installation Details for Airport Visual Aids
150i5345-3G Specification for L821 Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150I5345-7E Saecifirzaon for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-IOG Seeci,5cation for Constant Current Regulators Re ulator Monitors
150/5345-12F Specification for Airport and Heliport Beacon
15015345-138 Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
[Liginang Circuits
150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors
15015345-27D Specification for Wind Cone Assemblies -
150/5345-28G Precision Approach Path Indicator(PAP[)Systems
150/5345-39D FAA Soecification Li Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases,Transformer Housings.Junction Boxes and
Accessories
15015345-43F Specification for Obstruction Lighting Equipment
150/5345-44J Specification for Taxiway and Runwa Signs
150/5345-45C ILmro fmpact Resistant(LIR)Structures
15015345-46D Specification for Runway and Taxiway Light Fixtures
150/5345-07C Soecincations for Series to Series Isolation Transformers for Airport Liqhting System
15015345-49C Specification L854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flasher Equipment
15015345-52A Generic Visual Glideslo a Indicators GVGI
1 501534 5-5 3C Airport Lighting Ughting Equipment Certification Program
1 501534 5-54B Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A Specification for 1-893, Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150I5360-12E A roort Signing and Graphics
150/5360-13 and Change 1 Planning and Design Guidance for Airport Terminal Facilities
150/5360-14 Access to Airports By Individuals With Disabilities
15015370-2F Operational Safely on Airports During Construction
150/5370-10F Standards for Specifying Construction of Airports
150/5370-11 B U/ee of Nondestructive Testing Devices in the Evaluation of Airport Pavement
15015380-6B Guidelines and Procedures for Maintenance of Airport Pavements
15015390-28 Heiman Design
150/5395-1 Seaplane Bases
THE FOLLMVING ADDITIONAL APPLY TO AIP PROJECTS ONLY
DATED: 1/2 51201 2 NUMBER SALE . i.. <
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant
Prcfectts
1 50151 00-1 5A C ivii Rights Requirements for the Airport Improvement Program
15015100-17 and Changes 1 -6 Land Acquisition and Relocation Assistance for Airport Improvement Program
Assisted Projects
150/5200-37 InGoduction to Safety Management Systems(SMS)for Airport Operators
150/5300-15A Use of Value Engineering for En jneering Design of Airports Grant Projects
1 50153 2 0-1 7 Airfield Pavement Surface Evaluation and Rating(PASER)Manuals
150/5370-60 Charge 1-4 Construction Progress and Inspection Report-Airport Grant Program
15015370-12A PivafY Control of Construction for Airport Grant Projects
15015370-13A Ora?=k Construction of Airport Pavements Using Hot-Mix Asohalt
15015380-7A Airoon.Pavement Management Program
THE FOLLOWNG ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 1/25/2012 NUMBER TrcLE
15015000-12 -,puncemani of Availability-Passenger Facility Charge(P-C)Application(FAA
o��pl AV/.91
Aiirrports
O
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Grant 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 Tide 49, U.S.C., subtitle VI I, as
amended. As used herein, the term "public agency sponsor" means a public
agency with control of a public-use airport; the term "private sponsor" means a
private owner of a public-use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are
incorporated in and become part of this grant agreement.
B. Duration and Applicebilith.
1. Airport development or Noise Compatibility Program Projects Undertaken
by a Public Agency Sponsor. 'file teens, conditions and assurances of this want
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 oClcr
of Federal funds for the project. I-lowever, there shall be no limit on the duration
Of the assurances regarding Exclusive Rights and Airport Revenue so lone as the
airport is used as all airport, There shall be no limit on the duration or the terms.
conditions, and assurances with respect to real property acquired (vidi 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 I 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)
.%ear from the(late of acceptance of Federal aid for the project.
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3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this
Print agreement, only Assurances I, 2, 31 i, 6, 13, 18, 30. 32, 33,and 34 in
section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in full force and effect during the life of the
project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
rant that:
). 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 VI I, as amended.
b. Davis-Bacon Act-40 U.S.C. 276(a), et seq.'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201. et sett.
d, Hatch Act—5 U.S.C. 1501, et seg.''
e. Uniform Relocation Assistance and Real Property AcquisitiMM Policies
Act of 1970'Fitle 42 U.S.C. 4601. et seg.I ,
E- National Historic Preservation Act of 1966 - Section 106 - 16 U.S-C.
=470(f).
Archeolosical and Historic Preservation Act of 197 4 - 16 1!S.C.469
through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S-C. Secumm'(fill- et
se .
i. Clean Air Act. P.L. 90-148. as intended.
j. Coastal Zone Nfanagentent Act. P.L. 93-20=, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a)-42 U.S.C. 4012a.'
1. Title 49. U.S.C.. Section 303, (formerly known as Section 10f))
Ill. Rehabilitation Act of 1973 - 29 U.S.C- 794.
n. Civil Rights Act of 1964 -Title VI - 42 U.S.C. 2000d through d-=-
o. Aae Discrimination Act of 1975 -42 U.S.C. 6101.et sett.
P. American Indian Religious Freedom Act, P.L. 9i-341. ns aamaended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 41it- et scc.'1
r- Power plant and Industrial Fuel Use Act of 1978 - Section !Ida:- t U.S.C.
83 73.1 -
S. Contract Work Flours and Safetv Standards Act - 40 U.S.C.. ;27.ei sect.'
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 LLS.C.43_1l-ei seu.'
V. - wild and Scenic Rivers Act. P.L. 90-542. as amended.
w- Single Audit Act of 1984 - 31 U.S.C. 7501. et seq.'
X. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 througia R116.
Executive Orders
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Executive Order 11246 - Equal Employment Opporurnityl
Executive Order 11990 - Protection of Wetlands
Executive Order 11993—Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Buildin; ConstructionI
ESeentiVe Order 12393 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigaaive andl Enforcement Procedures.
b. 14 CFR Part 16 - Rules o6Practice 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.1
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor sumdards
provisions applicable to non-construction contracts subject to the Contract
Work Flours and Safety Standards.Act).t
41 CFR Part 60 -Office of FederallContract Compliance Programs, Equal
Employment Opportunity, Department of Labor(Federal and federally
assisted contracting requirements):)
h. 49 CFR Part 13 - Uniform administrative requirements for grants and
cooperative agreements to state and local Lovernments."
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 linterprise in
Airport Concessions.
I. 49 CFR Part 24 - Uniform relocation assistance and real kxoperty
acquisition for Federal and: federally assisted programs.' -
nl. 49 CFR Part 26— Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
H. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefitiiw_ from Federal financial assistance.
o. 49 CFR Part 29—Government wide debarment and suspension
(nonprocurentent) and government wide requirements for drug'-fee
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.
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q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office o€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
&2anizations
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
" 49 CFR Part IS and ONIB Circular A-37 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 Ems. regulations or circulars are incorporated by reference in this gruu
agreern emc.
7.. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and
tra finance and cant'out the proposed project; that a resolution. motion or
similar action has been atilt'adopted or passed as an official act of the
applicant's governing body authoriZiml the filing ot'the application.
including all understandings and assurances contained therein. and
directina and authorizing the person identified as the official
[representative of the applicant to act in connection with the application
and to provide Snch additional information as may be required.
b. Private Sponsor: It has legal authority to apply for this grant and to
[Finance and carry out the proposed project and comply with all terms.
¢conditions, and assurances of this grant agreement. it shall designate an
official representative and shall in writing direct and authorize that person
tta the this application. including all understandings and assurances
onmined [herein: to act in connection with this application: and to
provide such additional information as ma} be required.
3. Sponsoe Fund Availabili(Y. It has sufficient funds mailable Ibr that portion of
the project gusts which are not to be paid by the United States. It has SUf ficient
bands amailable to assure operation and maintenance of items funded under this
grant aseentent which it will own or control.
4. Good Title.
a. EL a public agency or the Federal uovei nment. holds good title.
wt§isFactor} to the Secretary; to the landing area of the airport or site
to roof. or will �,ive assurance satisfitctory to the Secretar.v that good title
ceill be eequired.
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b. For noise compatibility program projects to be carried out at 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
Rive assurance to the Secretary that Rood title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions. and assurances in this _rant agreement without [he 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 oi'the terms, conditions. and assurances in this grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49. United States Code, to assume the
obli__ations of this grant agreement and to have the power; authority, and
financial resources to carry out all such obligations, the sponsor shall
insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms.
conditions, and assurances contained in this -,rant agreement.
C. For all noise compatibility prognuu projects which are to be carried out by
another unit of local government or are on propzrty owned by a unit of
local government other than the sponsor'. it will enter into an.a_reement
with that government. Except as otherwise specified by the Secretary. that
mireement shall obligate that government to the same tel 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 satisiactory to the Secretarw.
It will take steps to enforce this agreement against the local uovenunent
there is substantial non-compliance with the terms of the -g-ecntent.
d. For noise compatibility program pr0.jccts to be carried out on privateh
owned property; it wilt enter into an agIeenient wiilt the owner of drat
propert which includes provisions specified by the Secretary. It will take
steps to enforce this agreenent against the properth owner Mienever 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. ]fail arrangement is made for management and operation ofthe airport by
any agencw or person other than the sponsor or an eniplo;ce of the
sponsor, the sponsor will reserve Sufiicient rigirs and mnhorit.\ to insure
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that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations acid the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement
also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a
property used as a residence; or zoned for residential use.to taxi an
aircraft between that property and any location on airport. Sponsors of
,general aviation airports entering into any arrangement that results in
permission for the owner of residential real property adjacent to or near
the airport must comply with the requirements of Sec. 136 of Public Law
1 12-95 and the sponsor assurances.
6. Consistency with Local Plans.The project is reasonably consistent with plans
(existing at the time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the development
of the area surrounding the airport.
7. Consideration of Local 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 ofan airport. an airport
runway, or a major rumvav extension, it has afforded the opporttuuitc for public
hearings for the purpose of considering the economic, social. and environnhental
effects of the airport or runway location and its consistent} with goals and
objectives ol'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 front the communities where the project is located or has
advised the communities that they have the right to petition the SM'etan
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 Secremr\ that
the project will be located, designed; constructed, and operated so as to comply
kith applicable air and water quality standards. In any case where such standards
have not been approved and where applicable air and tyater qualit- 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 aoplication
has been received by the Secretary.
11. Pavement Preventive Nlaintenance. With respect to n project approccd after
January I. 199i. for the replacement or reconstruction of lutenhent at the airport.
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it assures or certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will Use such program for
the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be usefttll.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public ease airport; as defined in Title 49. it has, on the date of
submittal of the project Arrant 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 reaulation. and has provided for
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System.Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of this grant, the
total cost of the project in connection with which this grant is -iven or
used, and the anioulnt 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 aln
accounting system,that will facilitate an effective audit in accordance with
the Sin-le Audit Act of 1934,
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their[lily authorized representatives. for the
purpose of audit and examination.any books, CIOCLIInemS, papers. and
records of the recipient that are pertinent to this grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In ally case
in which an independent audit is made of the accounts of a sponsor
relatin,to the disposition of the proceeds of a grant or relating to the
Project in connection with which this grant was given or used, it shall lile
certified copy of such audit with the Comptroller General of the United
States not later than sic (6) months following the close of the fiscal veaI-
for which the audit was made.
14. N1iniinum Wage Rates. ItshaII include. in all contracts in e.\cess 0f$2.000 for
work on and• projects finder( under this grant agreement MIMI involve labor.
provisions establishing minimum rates of wages. to be predetermined by the
Secretay of labor. in accordance with the Davis-Bacon Act. as amended (40
U.S.C. 276a-276aS), 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.
1 i. Veteran's Preference. It shall include in all contracts fur work on any project
funded under this Brant agreement which involve labor. such provisions as are
necessary to insure that, in the employment of labor(except in executive.
a(lnlinistrative and supervisory positions), preference shall be given to Vietnam
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era veterans. Persian Gtdf veterans, ANhanistan-Iraq war veterans, disabled
veterans. and small business concerns owned and controlled by disabled veterans
as defined in Section 471 12 of Tide 49. United States Code. Ho.yever. 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
Brant agreement, and, upon approval of the Secretary, shall be incorporated into
this Brant aereement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval ofthe Secretary, and incorporated into
this _rant 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 wort: on any project
contained in an approved project application to inspection and approval by the
Secretary and Stich 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.
M Plannin, Projects. In carrying out planning projects:
a. It twill execute the project in accordance \vith the approved program
narrative contained in the project application or with tile modilications
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❑.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 shrill be
subject to copyright in the United States or am other country.
e. It will give the Secretary unrestricted authority to publish, disclose.
distribute, and othQl'Wise use anj of the material prepared in connection
with this Li-ant.
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.
_ It will Qrant the Secretary the riJu to disapprove the use orthe spoiuor'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 ofan.% planning material developed pan of
this grant does not constitute or imply any assurance or commitment oil
the pact of the Secretary to approve any pending or futtire application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport. other than facilities owned or controlled by the United
States. shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would)interfere with its Use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith. with due regard to climatic and flood conditions. Any proposal
to temporarilly close the airport for non-aeronautical purposes must first he
approved by the Secretary. In furtherance of this assurance; the sponsor
will have in.effect arrangements for-
Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport
condiiaions, including temporary conditions; and
3) Promptly notil'vino airmen of any condition affecting aeronautical
use oftlie airport. Nothing contained herein shall be construed to
requhre that the airport be operated for aeronautical use during
temporary periods when snow. flood or other climatic condition;
interfere with such operation and maintenance. Further. nothing
herein shall he construed as requiring the maintenance. repair.
restoration, or replacement orally structure or facility which is
substantially damaged or clestroved clue 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 item
that it owns or controls Upon which Federal funds have been expended.
21). Hazard Removal anti Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (inchalirrg established minimum flight altitudes) will he adequatele
cleared and protected by removing. lowering. relocating. marking. of lighting or
otherwise mitigating existing airport hazards and b>' 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 eonipatibility program implementation, it will not caU;.Or
permit ate change in land use, within its jurisdiction. that will reduce its
compatibility. with respect to the airport, of the noise compatibility program
measures Upon which Federal funds have been expended.
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22, Economic Nondiscrimination.
a. It will make the airport available as an airport fur public use on reasonable
terms and without unjust discrimination to all tapes, 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, first. or
corporation to conduct or to engage in any aeronautical activity tot-
Furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to-
1) furnish said set-vices on a reasonable, and not unjustly
discriminatory, basis to all users thereof,and
2) charge reasonable,and not Unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates. or other
similar types of price reductions to volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the sane rates.
fees, rentals, and other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses orsuch airport and
utilizing the same or similar facilities.
Cl. L'ach air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
C. Each air carrier using such airport(whether as a tenant. non tenant. or
subtenant of another air carrier tenant) shall be subject m such
nondiscriminatory and substantially comparable roles. regulaiions.
conditions, rates, lees, 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 an,carrier assumes ohliLatiolls
substantially similar to those already imposed on air carriers in such
classification or status.
C. It will not exercise or gran[ an} right or privilege which operates to
prevent am• person, firm, or corporation operating aircraft on the airport
from performing any services on its own aircraft widt its own employees
(including. but not limited to maintenance. repair. and fueling] that it stay
choose to perrornt.
Q. In the event the sponsor itsell'excrcises 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 b} 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 ofthis 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 fol lowing 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 Ihan one fixed-based operator to provide such services
would require the reduction ofspace 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 pet mur
any person, firm.or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, aircraft rental and sightseeing. aerial photography.
crop dusting. aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether .N
not conducted in conjunction with other aeronautical activity, repair anu
maintenance ol'aircralt, sale of aircraft parts. and any other activities
which because of their direct relationship to the operation ofaircrall rasa
be resarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity note existing at such 2n
airport before the grant of any assistance underTitle 49. United State:;
Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure I'Or the
lacilities and services at the airport which will snake the airport as self-sustainirr_^
as possible under the circumstances existing at the particular airport, taking ins a
account such factors as the volume oftallic and economy ofcolleetion. No pan
of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under Title 49. United Slates
Code. the Airport and Airway Improvement Act of 1932, the Federal Airport A,n
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 b% the airport and an local taxes on aviation fu-I
established after December 30, 1937. will be expended by it for the cupa9ai
or operating costs of the airport; the local airport s'stem: or other local
facilities which are owned'or operated by the owner m operator of the
airport and which are directly and substantiallc related to the actual air
transportation of passengers or propem; or for noise mitigation purposes
on or off the airport.The following exceptions apply to this paragraph:
I) If covenants or assurances in debt obligations issued before
September 3, 1932, by the owner or operator of the airport; or
provisions enacted before September 3, 1931 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,
includine 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.
2) if the Secretary approves the sale of privately owned airport to a
public sponsor and provides Funding for any portion of the public
Sponsor's acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
Prom the stile. 'this is conditioned on repayment to the Secretary
by the private owner ofan amount equal to the remaining
ummlortized portion(amortized over a 20-year period) of any
airport improvement Brant made to the private owner for any
purpose other than land acquisition on or after October 1. 1996.
plus an amount equal to the federal share Of the current fair market
value ofany land acquired with an airport improvement grant
made to that airport on or after October 1. 1996.
3) Certain revenue derived from or generated by mineral exuNaction.
production, lease, or other means at a general aviation airport(as
defined at Section 47102 of title 49 United States Code). if the
FAA determines the airport sponsor meets the requirements set
forth in Sec. 313 of Public Law 112-95.
b. As part of the annual audit required under the Sin ale Audit Act of 1984.
the sponsor will direct that the audit will review. and the rosulting audit
report will provide an opinion concerning, the use of airport revenue and
taxes in paragraph (a), and indicating whether funds pair'{ or Iransferred to
the owner or operator are paid or transferred in a manner consistent kith
Title 49. United States Code and any other applicable provision o1 km-.
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 ntay reasonabl% request and make such reports
_ r nPrin-. c_unr.Ge<I;I?Ot 2) iRP ac iP ..
available to the public; make available to the public at reasonablle times
and places a report of the airport budget in a Format prescribed lbv,the
Secretary;
b. for airport development projects, make the airport and all airpontt records
and documents affecting the airport, including deeds, leases, optoraaion and
use agreements; regulations and other instruments, available foa inspection
by any duly authorized agent of the Secretary upon reasonable aquesC
C. for noise compatibility program projects, r nake records and documents
relating to the project and continued compliance with the terms_,
conditions, and assurances of this grant agreement including de+ats" leases.
agreements, regulations, and other instruments, available for irtWetion 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 yeav&an
annual report listing in detail:
1) all amounts paid by the airport to any other unit of goverttnaneent and
the purposes for which each such payment was made: amid
2) all services and property provided by the airport to otherruunits of
government and the mnount ofconapensatlOrl received Gin+r
provision of each such service and ,property.
27. Use by Government Aircraft. It will make available all of the faci1iti,,s of the
airport developed with Federal Financial assistance and all those nsablo for
landing and takeoff of aircraft to the United States for use by Governmenna aircraft
in common with other aircraft at all times without charge, except, if thr Un e by
Government aircraft is substantial, charge may be made for a rcasonaHk share.
proportional to such use. for the cost of operating and nmintainiag the tla liiies
used Unless otherwise determined by the Secretary, or otherwise agreiud to by the
sponsor and the using agency, substantial use of an airport by("ayernt ugt;aircraft
will be considered to exist when operations of such 'liroraft are in eXseas cof thaw
rvhich. in the opinion of the Secretary, would unduly interfere with ua_nofthe
landim-, areas by other authorized aircraft, or durirti,,any calendar monA that-
a. Five (i) or more Government aircraft are regularly based at the iw'rf or
on land acljacent thereto; or
b. The total number of movements(countirw each lnndin!z as a n of
Government aircraft is 100 or snore. or tha gross nctutn lliaik e v%,k,6:Jn of
Government aircraft using the airport(the total nnovemaettt of(noa.erament
aircraft multiplied by gross weights of such aircraft) is in ere �of9ive
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federail
Government for use in connection with anv air traffic control or air nawis_atizm
activities. or weather-reporting and communication activities re hated trzk traffic
control. any areas of land or water, or estate thereiin, or rights h,build"ua_s ofthe
sponsor as the Secretary considers necessary or d simble for construcaii,on.
operation, and maintenance at Federal expense of'space or facilities fo+rseach
Ar�nrt SF n. s�rsn .- (420i21 _. 14r „ _.
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request fiom the Secretary.
29. Airport Lay out Plan.
a. It will keep up to date at all times at airport layout plan of the airport
showing(I) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all oftsite 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), includin.-all proposed extensions and reductions of existing
airport facilities; (3)the location of all existing and proposed nonaviation
areas and of all existing improvements thereon; and (4)all proposed and
existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision. or
modification thereof, shall be subject to the approval of the Secretary
which approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout Plan. 'file
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 litcilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any fedemlly 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 al I 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 berme the unapproved change in the airport or its
facilities except in the case Of relocation or replacement ofan existin
airport facility due to a change in the Secretary's design smndarc(s beyond
the control of the airport sponsor.
30. Civil Rights. It will comply with such rules as arc promulgated to assure that no
person shall, on the grounds Of race. creed, color, national origin. sex. agc. or
handicap be excluded I om pariml)ating in any activity conducted frith or
benefiting tiom Funds received fiom this Brant. phis 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 tite form
of personal property or real property or interest therein or snucmres 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 ptu'pose involving the pro%ision or cimiiar services or benefits. or
— --------
-. ,7
(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 compatilb'uhty purposes,
including land serving as a noise buffer, it will dispose of dhe land,when
the land is no longer needed for such purposes, at fair marltet value, at tive
earliest practicable time.That portion of the proceeds of such disposition
which is proportionate to the United States'share of acquiau¢ion of such
land will be, at the discretion of the Secretary, (1) reinvested in another
project at the airport, or (2)transferred to another eligible ;tirpart as
prescribed by the Secretary. "file Secretary shall give preference to the
following, in descending order, (I)reinvestment in an appim ed noise
compatibility project. (2) reinvestment in an approved projject that is
eligible for grant funding under Section 17117(e) of title 4<R United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant fimdin: under Sections 47114. 47115. oir 27117 of title
49 United States Code, (4) transferred to an eligible sponsmr of another
public airport to be reinvested in an approved noise Compatibility project
at that airport, and (i) paid to the Secretary for deposit in tlhe Airport and
Airway Trust Fund. I f land acquired under a grant for noL;e compatibility
purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the;land.
Revenues derived from such a lease may be used for an agilmoved airport
development project that would otherwise be cligible for grant fundin- of
an) permitted use orairpoit revenue.
b. For land purchased under a Brant for airport development 1purposes(other
than noise compatibility), it will, when the land is no longim needed for
airport purposes, dispose of such land at fair market value:oi make
available to the Secretary vt amount equal to the United Sitates'
proportionate share of the fair market value of the land- Th�aa portion of
the proceeds of such disposition which is proportionate ro,the United
States' share of the cost of acquisition of such land will. 1 H), upon
application to the Secretary. be reinvested or transferred t;m:y=.aather eligible
airport as prescribed by the Seeretary. The Secretary sha111 give preference
to the following. in cieseendin; order: (I) reinvestment in ;an approeecl
noise compatibility project, (2) reinvestment in an appro�,cwl project that is
eligible for grant funding under Section 471 17(e) of title 49 United States
Code, (3) reinvestment in ,in approved airport development project that is
eligible for grata funding under Sections 47114. 471 1 i, our°,7117 of title
49 United States Code, (4) transferred to an eligible spon.44rw of another
public airport to be reinvested in an approved noise compatibility project
at that airport,and (5) paid to the Secretary for deposit in uBte .airport ancf
Airway Trust Fund.
C. Land shall Lie considered to be needed for airport purposes under this
assurance if(,I) it may be needed for aeronautical ptnposcs611cluding
runway protection zones)or serve as noise buffer land. anid 42"1 the revenue
I _li._
;,> S if
hum interim uses o 'such land contributes to the financial selbsufficienet
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 3 K W. will be colniclered to be
needed For ahPon purposes if the Secretary or Federal agency making
such grant before December 3 t, 1937. was notified by the operator or
owner of the uses of such land; did not object to such use, and the And
continues to be used for that purpose,such use having commenced no later
diem December 11 1939.
d. Disposition of such And under(a)(b)or(c)will be subject to the retention
or reservation of any interest or right dherein necessary to ensure that such
land will only be used for purposes wdlich are compatible v.ith 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, propping studies, twasibilb
studies, architectural services, preliminary engihieering.design, engineering,
surveying. mapping or related services with respect to the project in the same
manner as a contract for archhecturall and engineering services is negotiated under
Tide IX of the Federal Property and Adniinistrative Services Act off949 or an
equivalent quali road oils-based requirement prescribed for or by the sponsor of
the airport.
31 Fordgn b4:utet RemricHons. It wil6 not allow funds provided under this grant to
be used to fund any project which uses any product or service lira lUleign counts
during the period in which such Foreign country is Hsted by Me. United Suites
Trade Representative as denying fair and clOwblc market opnrno wlies for
pmduels and suppliers of the Unitcd Suues in procurement and consuu iron.
31 Policies, Swildards,and Specifientinun It will carry out the protect in
accordance with policies, swriclards, and specifications approved b� the Secreru c
incluclog but nut limited to the advisory circulars listed in the Current FAA
A6 isory C•irrulais for All" proiects, dated --,jam 2.5 2012 ----(i le latest
approved version as of this grant offer) and hlcluded in this gram. and ill
accordance with applicable slate policies. standards. and spccilic:uions appl"ved
by the Secretary.
i>. Relocation and heal Pinjorty AequisHion. l l l It "ill be cukod in r.cquiring
real pruperty% to the ^neatest eK nt preclValde order st tt A", i • th•_ b.:nd
acquisition policies in Subpart B M -19 CFR Prat '': and o.ill pa_ wine K—,
prop::rty cv,Hers Ior necessmy e,xivo s as .Mod reel in Suyan D, (_) h will
provide a relocation ossislence program sink ng Me sec,on day b d in Sublyrt
C alld Fall "Old reasonable relocrnion pay jlorlt> and k; di placid pC'i 5:�n
ns required in Subpart D and L of=9 CFR Part 24, (:) It will make nvaiinble
"Ahin a reaS011able period ornme prior to dlspHei amp comparaW replacc•illellt
dwellings to displaced persons it accordance hcith Subpart IN of 49 CFR Part 24,
36. Access By Intercio Buses, The airport owner or operator % ill prrnlh to the
rl i9Slitlum e. OU rlmctleabio imerciq buses or other noden at tlonsp:'rvion n,
have access to the airport: however. it has no obligation tt,Rind special facilities
for intercity bases 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 aiDJ performance of any
DOT-assisred contract or in the administration of its DBE program or the
requirements of 4o CFR Part 26.The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award
and administration of DOT-assisted contracts. The recipient's DBE program; as
required by 49 CIFR Part 26. and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and ftilure to carat; out its teens shall be treated as a violation of this agreement.
Upon notification tea the recipient of its failure to carry oua its approved program.
the Department irmy impose sanctions as provided for under Part 26 and may, in
appropriate cases.safer the matter for enforcement under 13 U.S.C. 100I and/or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.,S01).
33. Hangar Constr¢etioa. 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 haingaatr a Iona term lease that is subject to such teens and conditions
on the hangar as the airport owner or operator may import_
39. Competitive Aceess.
a. If the airport owner or operator of a medium or Iaw_e Irub airport (as
defined imi sretion 47102 of title 49. U.S.C.) has 17,ecn unable to
acccnn ill orfLice one or nuonc requests by an air carrier it•r access to gates or
vrther Eaciilli�ties at that airport in order to allow the ai;carrier to provide
sen'ice to Efate airport or to expand service at the a",bi-t. the airport owner
or operator sliall transmit a report to the Secretarnr tha!-
I I Describes the requests:
2) Puoade-,an explanation as to why the rc4aests could not be
acLamandated: and
3) Pi;kmiides a time fame within which, if ang- the airport kill he able
W�acconuuodate the requests.
b. Such report shall he clue on either February I Or Arigsst I of each year if
the airpoce loos been Unable to accommodate the reetiaeatts) in the sic month
period Imor to the applicable duc (late.
EXHIBIT B
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer:
Airport: Fort Collins-Loveland
Municipal
Proj ect,N u m ber: 3-08-06023-31
Contract Number: DOT-FA12NY1-IOV?
DUNS#: 07-468-1407
To: City of Fort Collins, Colorado and City of Loveland, Colorado
(herein called the"Sponsor')
From: The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
Whereas; the Sponsor has submitted to the FAA a Project Application dated June 20, 2012 for a grant of
Federal funds for a project at or associated with the Fort Collins-Loveland Municipal Airport, which
Project Application, as approved by the FAA, is hereby incorporated herein and made a part hercol, and
Whereas, the FAA has approved a project for the Airport (herein called the "Project") consisting of the
followima:
Acquire Snow Removal Equipment,
as more particularly described in the Project Application.
FAA Form 5100-37(7/90) 1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49. United
States Code, as amended, herein called "the Act", and in consideration of(a) the Sponsor's adoption and
ratification of the representations and assurances contained in said Project Application and its acceptance
of this offer as hereinafter provided, and(b) the benefits to accrue to the United States and the public from
the accomplishment of the Project and compliance with the assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED
STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs
incurred in accomplishing the Project, 90.00 per centum thereof.
This Offer is matte on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $ . For the
purpose of any future grant amendments, which may increase the foregoing maximum obligation
of the United States under the provisions of Section 47108(b) of the Act, the following amounts
are being specified for this purpose: ,
$-0- for planning
$_ for airport development.
2. The allowable costs of the project shall not include any costs determined by the FAA to be
ineligible for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in
accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States share will be based upon the final audit of the
total amount of allowable project costs and settlement will be made for any upward or downward
adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delay and in accordance with
the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees
to comply with the assurances which were made part of the project application.
5. 'file FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by
the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of
the project unless this offer has been accepted,by the sponsor on or before August _, 2012, or
such subsequent date as may be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary. to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other
manner in any project upon which Federal funds have been expended. For the purposes of this
Brant agreement, the term "Federal funds" means funds however used or disbursed by the
Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall
obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds. It shall return the recovered Federal share, including funds recovered by settlement,
order orjudgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents
and records pertaining to the determination of the amount of the Federal share or to any
FAA Form 5100-37(7190) 2
settlemema litigation, negotiation, or other efforts taken to recover such funds. All sermlements or
other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal
share shall be approved in advance by the Secretary.
3. The United States shall not be responsible or liable for damage to property or injury to persons.
who may arise florin, or be incident to,compliance with this grant agreement.
Special Conditions
9. The sponsor will cam out the project in accordance with policies, standards,and specifications
approved by the Setmtary including but not limited to the advisory circulars fisted in dle"Current
FAA Advisory Circulars for Use in AIP Funded and PFC.Approved Projects."dated January 25_
2012,and included)in this grant,and in accordance with applicable state policies_standtardi and
specifications appnoved by the Secretary.
10. It is mutually understood and agreed that if, during the life of the project, the FAA determines
that the maximum grant obligation of the United States exceeds the expected needs ofdw
Sponsor by $25,0001.00 or five percent(5 j,whichever is greater,the maximum obligation of the
United States can the unilaterally reduced by letter from the FAA advising of the bud_elrchange_
Conversely, if there is an overrun in the total actual eligible and allowable project cost--FAA
may increase the maximum gran,obligation of the United States to cover the amount af the-
overrun not to exceed the stmutory percent limitation and will advise the Sponsor by Ieaterofthe
increase. It is further understood and agreed that if; during the life of the project, the FAA
determines that a clmange in the grant description is advantageous and in the best interests of the
United States,a letter from the FAA will unilaterally amend the-change in grant descriiption.
Upon issuance ofditic aforementioned letter, either the grant obligation of the united States is
adjusted to the amount specified or the ant description is amended to the description specified.
1 I. In accordance with Section 47108(b) of the Act, as amended, the maximum obliga[lion of the
United States,as stetted in Condition No. I of this Grant OfTer:
a. may not be inmased fora planning project;
It. may be increased by not more than 15 percent for development projects;
c. may be increased by not more than 15 percent for land projects.
12. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any ctantractor or
subcontractor to acquire any steel or manufactured products produced outside the Umvd Stares to
be used for any project for airport development or noise compatibility for whiclb funds are
provided under this grant. The Sponsor will include in every contract a provision implementing
this special cunditiitn_
13. The Sponsor agrees to comply with the Assurances attached to this offer, which iteplaces the
assurances that accompanied the Application for Federal Assistance.
14. The sponsor agrees to monitor progress on the work to be accomplished by this grant. For
consultant services, the Sponsor agrees to stake payment only for work thatt has been
satisfactorily completed. It is understood by and between the parties hereto that the aVproxirnate
value of final project documentation is ten percent (10%) of the total value of the engineering
services contract. and that amount will not be paid to the Engineer until acceptable lfMMA project
documentation is provided.
FAA Form 5100-37 t7/90) _,
15. TRAFFICKING IN PERSONS
a. Provisions applicable to a recipient that is a private entity.
L You as the recipient, your employees. subrecipients under this award, and
subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect:
ii. Procure a commercial sex act during the period of time that the award is
in effect;or
iii. Use forced labor in the performance of the award or subawards under the
award.
2. We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity—
i. Is determined to have violated a.prohibition in paragraph as of this
award term;or
ii. Flas an employee who is deterhined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.1 of this award
term through conduct that is either—
A. Associated with performance under this award;or
B. Imputed to you or the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that are
provided in 2 CFR part ISO; "ONIB Guidelines to A,encies on
Governmentwide' Debarment and Suspension (Nonprocurentent)." as
implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may, unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity--
I. Is determined to have violated an applicable prohibition in paragraph a.l of this
award term;or -
2. Flas an employee who is determined by the agency official authorized to terminate
the award to have violated an applicable prohibition in paragraph a.l of this award
term through conduct that is either--
i. Associated with performance under this award: or
ii. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
CFR part 180, "ONIB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Non procurentent)," as implemented by our agency at 49 CPR
Part 29.
e. Provisions applicable to any recipient.
I. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.I of this award term.
2. Our right to terminate 'unilaterally that is described in paragraph a.2 or h of this
section:
i. Implements section 106(_) of the Trafficking Victims Protection Act of
2000(fVPA), as amended(22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies fur noncompliance that are available
to us under this award.
FAA Form 5100-37(7190)
3.. You must include the requirements of paragraph a.l of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1.. "Employee"means either:
i. An individual employed by you or a subrecipient wlro is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program
under this award and not compensated by you including, hn not limited to, a
volunteer or individual whose services are contributed by a<third party as an in-
kind contribution toward cost sharing or matching requirements.
2.. -Forced labor' means labor obtained by any of the following methods: the
recruitment, harboring,transportation, provision, or obtaining ofai person for labor or
services, through the use of force, fraud, or coercion for the purl7ose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
3.. `Private entity":
i. Means any entity other than a State, local governtnrznl, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR 171325.
ii. Includes:
A. A nonprofit organization;including any nonprofit iiastitution of higher
education,hospital, or tribal organization other tham one included in the
definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit org anization.
4.. "Severe forms of traffickingin persons,"'commercial sex act,'-.and "coercion" have
the meanings given at section 103 of the TVPA,as amended (22 U -S.C. 7102).
16. The Spontwa shall provide for a Single Audit in accordance with Office of ;vlanagemcnt and
Budget Circular A-133. The Sponsor shall submit the Single Audit repoimittg package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http:/rharve.ster.census.gov/fadco,liect/ddeindex:htnll. The Sponsor shall also provide one copy
of the completed A-133 Audit to the Denver Airports District Office.
FAA Form 5100-37(7190) 5
The Sponsor's acceptance of this Offer and ratification and adoptivin of the Project Application incorporated herein
shall be evidenced by execution of this instrument by the Spoemuc, as hereinafter provided, and this Offer and
Acceptance shall comprise a Grant Agreement, as provided by Title 49, U.S.C., Subtitle VII, Part B, as amended
constituting the contractual obligations and rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurames and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptanceof this Offer.
UNITED STATES OF
AMERICA
FEDERAL AVIATION ADMINISTRATION
John li Bauer
Nianagei,Denver Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances. statemcents,.reg.resentations, warranties, covenants. and
agreements contained in the Project .Application and incorporated)tmaterialk referred to in the foregoing Offer and do
hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer
and in the Project Application.
Executed this day of ,2012.
CCFY OF FORT COLLINS,COLORADO
(SEAL) (Signature Sponsor's Designated Official Representative)
By Darin Atteberry
(Typed[*fame of Sponsor's Designated Representative)
Attest: Citv Manager
(Typed Title of Sponsor's Designated Official Representative)
Certificate of Sponsor"sAtlotmay
I, ,acting as Attorney for the Sponsor den hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the
State of COLORADO. Further, I have examined the foregoing Grant Agreement and the actions taken by said
Sponsor and Sponsor's official representative has been duly authorized; and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants
involving projects to be carried out on property not owned by the Sponsor,there are no legal impediments that will
prevent full performance by the Sponsor. Further. it is my opimar,that the saidGran( Agreement constitutes a legal
and binding obligation of the Sponsor in accordance with the terms thereof,
Dated at this day of 2012
FAA Form 5100-37(7190) H
Signature of Sponsor's Attorney
The Sponsor does hereby c,uify and adopt all assurances, statements, representations, warranties, covenants, and
agreements contained in the€rt ject Application and incorporated materials referred to in the foregoing Offer and do
hereby accept this Offer amd'by such acceptance agrees to comply with all of the terms and conditions in this Offer
and in the Project Application..
Executed this dauof .2012.
CITY OF LOVELAND,COLORADO
(SEAL) - (Signature Sponsor's Designated Official Representative)
By: William D.Cahill
(Typed Name of Sponsor's Designated Representative)
Attest: City Manager
- (Typed Title of Sponsor's Designated Official Representative)
Certificate of Sponsor's.Attorney
I, - „actimz,as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the
State of COLORADO. Further. r Have examined the foregoing Grant Agreement and the actions taken by said
Sponsor and Sponsor's offimial representative has been duly authorized and that the execution thereof is in all ,
respects due and proper and in accordance with the laws of the said State and the Act. In addition, for ;rants
involving projects to be carried out un property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sporesar. Further. it is my opinion that the said Grant Agreement constitutes a legal
and binding obligation of dk Sponsor in accordance with the terns thereof.
Dared at this day of ,2012.
Signature of Sponsor's Attorney
FAA Form 5100-37(7190) 7
o4apt AV/�' -
�, FAA
Airports
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN
AIP FUNDED AND PFC APPROVED PROJECTS
Updated: 1/25/2012
View the most current versions of these A>Ls and any associated changes at:
htto:/hvww.faa.aovlairportslrescurcesladvisory circulars
'M.e`,3: u<'a"SNUMBER:t;Ye1.rM3<3.� 3.•;$ 4TITLE`"�a�+�w� Yan74;F6Yh
70/7460-1K Obstruction Marking and fi
1 5 0150 0 0-1 3A Announcement of Availahiilty--RTCA Inc., Document RTCA-221, Guidance and
Recommended Requirement;for Airports Surface Movement Sensors
150/5020-1 Noise Control and Compatiliflity Planning for Airports
150/5070-6B Change 1 Airport Master Plans
15015070-7 The Airport System Planniniq Process
150/5100-138 Development of State Stanrdards for Non Primary Airports
150/5200-28D Notices to Airmen(NOT for Aurpon Operators
15015200-30C Airport Winter Safety and Operations
15015200-33B Hazardous Wildlife Attractants On cc Near Airports
150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Fire and Rescue Communications
150/5210-13C Airport Water Rescue and Ecigariment
150/5210-14B Aircraft Rescue Fire Fight Figrtirr4 Equipment.Tools,and Clothin
150/5210-15A Airport Rescue&Firefighffnq Station Building Design
15015210-18A Systems for Interactive Tiraining of Airport Personnel
150/5210-19A Driver's Enhanced Vision System(DEVS)
150/5220-10E Guide Specification for Aircraft Rescue and Firefighting Vehicles
15015220-16D Automated Weather Obseiving Svstems for Non-Federal Applications
150/5220-17B Aircraft Rescue and Firefighting ARFF Training Facility
150/5220-1&A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment
and Materials
150/5220-20 and Change 1 Airport now and Ice Control Equipment
150/5220-21B Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A Engineered Materials Arresting S stem EMAS for Aircraft Overruns
150/5220-23 Frangible Connections
15015220-24 Foreign Object Debris Detection E i ment
150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes
1 5 0153 00-1 3 and Changes 1 —18 Airport Design
150/5300-148 Design of Aircraft Deicing Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic Survey
15015300-17C General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition
150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys to
NGS: Field Data Collection and Geographic Information System(GI S)Standards
150/5320-5C and Change 1 Surface Drainage Design
150/5320-6E Airport Pavement Design and Evaluation
1 5015 3 2 0-1 2C and Changes 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement
Surfaces
150/5320-4-15A Management of Airport Industrial Waste
150/5325a Runway Len th Requirements for Airport Design
15015335-SB Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1K Standards for Airport Markings
150/5340-5C Secimented Circle Airport Marker System
15015340-18F Standards for Airport Sign Systems
150/5340-30F Desi n and Installation Details for Airport Visual Aids
150/5345-3G Specification for L821 Panels for the Control of Airport Lighting
15015345-58 Circuit Selector Switch
150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10G Specification for Constant Current Regulators Regulator Monitors
15015345-12F Specification for Airport and Heliport Beacon
15015345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D Specification for Wind Cone Assemblies
15015345-28G Precision Approach Path Indicator(PAPI)Systems
150/5345-39D FAA Specification Li Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases,Transformer Housings, Junction Boxes and
Accessories
15015345-43F Specification for Obstruction Lighting Equipment
15015345-44J Specification for Taxiway and Runway Signs
150/5345-45C Low-impact Resistant LIR Structures
150/5345-46D Specification for Runway and Taxiway Light Fixtures
-1595345-47C Specifications for Series to Series Isolation Transformers for Airport Lighting System
150/5345-49C Specification L854, Radio Control Equipment
1 W5345-508 Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flasher Equipment
150/5345-52A Generic Visual Glideslo e Indicators GVGI
150/5345-53C Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure
15015345-56B Specification for L-890 Airport Lighting Control and Monitoring System(ALCMS)
15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
1 50153 6 0-1 2E Airport Signing and Graphics
150/5360-13 and Change 1 Piannina.. and Design Guidance for Airport Terminal Facilities
150/5360-14 Access to Airports By Individuals With Disabilities
150/5370-2F Operational Safety on Airports During Construction
150/5370-1 OF Standards for Specifying Construction of Airports
150/5370-11 B Use of Nondestructive Testinq Devices in the Evaluation of Airport Pavement
150/5380-6B Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2B Zfi ort Desi n
150/5395-1 Sea lane Bases
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
a1;;F DATED:'//2512012-,NUMBER
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-15A Civil Rights Requirements for the Airport Improvement Program
150/5100-17 and Changes T-6 Land Acquisition and Relocation Assistance for Airport Improvement Program
Assisted Projects
150/5200-37 Introduction to Safety Management SystemsISMS)for Airport Operators
150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects
-150/5320-17 Airfield Pavement Surface Evaluation and Rating(PASER)Manuals
150/5370-6D Change 1-4 Construction Progress and Inspection Report—Airport Grant Program
150/5370-12A QualityControl of Construction for Airport Grant Projects
150/5370-13A Off peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7A Airport Pavement Management Program
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED:1/2 512 01 2 NUMBER [TITLE,"
15015000-12 Announcement of Availability—Passenger Facility Charge(PFC) Application(FAA
Form 5500-1
4.�'Pu.AV�9T
FAA
Airports
�570.P�
Grant Assurances
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements
for airport development, ahilir t planning, and noise compatibility program ;rants
for airport sponsors.
2. These assurances are requiued to be submitted as part of the project application by
sponsors requestin0 finds tinder 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 public-use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance ofthis grant offer by the sponsor,these assurances are
incorporated in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken
by a Public Agency Sponsor. The teens, conditions and assurances of this grant
agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equijment 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 oracceptance 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 he 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 tile useful life ofipcoject 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.
Airport Sponsor Assurances(4/2012) ARP Page t of 17
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this
grant agreement, only Assurances I,2, 3, 5, 6, 13, 18, 30. 32. 33.and 34 in
section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in fill force and effect during the life of the
project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
crane dE at
I. 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 inciudiw4
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 sen.(
C. Federal Fair Labor Standards Act -29 U.S.C. 201, et sect.
d. Hatch Act— 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et seq.'2
t_ National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(0.'
L. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
seq.
i. Clean Air Act. P.L. 90-148, as amended.
j. Coastal Zone iJklanagement Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973-Section 102(a) -42 U.S.C.4012a.'
I. Title 49, U.S.C., Section 303, (formerly known as Section 4(t))
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. Agc Discrimination Act of 1975 -42 U.S.C. 6101, et seg.
P. American Indian Religious Freedom Act. P.L. 95-341, as amended.
q. Architectural Barriers Act of 1969 -42 U.S.C. 4151, et seq.'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
83 73.
S. Contract Work Hours and Safety Standards Act - 40 U.S.C.. 327, et seq.'
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321.et seg.'
e. Wild and Scenic Rivers Act. P.L. 90-542. as amended.
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.'
X. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706.
Executive Orders
Airt;a¢$ponsar A.i S5urances(412012) ARP Page 2 of 17
Executive Order 11246- Equal Employment Opportunity'
Executive Order 11990- Protection of Wetlands
Executive Order 1 19.43—Flood Plain Management
Executive Order 12372- Intereovernmental Review of Federal Programs
Executive Order 12649-Seismic Safety of Federal and Federally Assisted New
Building Consinuction'
Executive Order 12M-Environmental Justice
Federal Regulations
a. 14 CFR Part 03-Investigative and Enforcement Procedures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
C. 14 CFR Part O50-Airport noise compatibility planning.
d. 29 CFR Part 0 -Paocedures 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 T- Labor standards provisions applicable to contracts
covering fedeeral0y financed and assisted construction (also labor standards
provisions apg0icable to non-construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g 41 CFR Part 60-Office of Federal Contract Compliance Pro,rams. Equal
Employment Opportunity, Department of Labor(Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 09- Uniform administrative requirements for grants and
cooperative agreements to state and local governments.
i. 49 CFR Part 20,-New restrictions on lobbvine.
j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs ofthe
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 196=4..
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
I. 49 CFR Part 24 -Uniform relocation assistance and real Qroperty
acquisition for Federal and federally assisted programs.' -
in, 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 pro=rams
and activities receiving or benefiting from Federal Financial assistance.'
o. 49 CFR Part 29'—Government wide debarment and suspension
(nonprmirenxeutt)and government wide requirements for diuQ-free
workplace (grants).
P. 49 CFR Part 30- Denial of public works contracts to suppliers of goods
and services of countries that deny procurentent market access to U.S.
contractors.
Airport Sponsor Assurances(4I2012) ARP Page 3 v 17
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
t These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
3 49 CFR Part 18 and Oi�IB 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 this grant
agreement.
2 Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and
to finance and carry out the proposed*project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the 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 this grant and to
finance and carry out the proposed project and comply with all terns,
conditions, and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances
contained therein: to act in connection with this application: and to
provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufficient
funds available to assure operation and maintenance of items funded under this
grant agreement which it will own or control.
4. Good Title.
a. It, a public agencv 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.
Aimnrt'3rnncer 4z5urances(412012) ARP Page 4 of 17
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good tide satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in this grant agreement without the written
approval of the Secretary,and will act promptly to acquire, extimauish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor.This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of
the property upon which Federal funds have been expended, for the
duration of the terms,conditions, and assurances in this grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall
insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms.
conditions, and assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise 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 chances thereto must be satisfactory to the Secretan.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
cf. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terns of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactor% 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. Ifan arrangement is made for mana_ement and operation of the airport b%
am agency or person other than the sponsor or an employee of the
sponsor. the sponsor will reserve sufficient rights and authorit'to insure
Airport Sponsor Assurances(412012) ARP Page 5 C'17
that the airport will be operated and maintained in accordance Tide 49,
United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement
also requires compliance therewith.
g Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a
property used as a residence,or zoned for residential use, to taxi an
aircraft between that property and any location on airport. Sponsors of
general aviation airports entering into any arrangement that results in
permission for the owner of residential real property adjacent to or near
the airport must comply with the requirements of Sec. 136 of Public Law
112-95 and the sponsor assurances.
6. Consistency with Local Plans. The project is reasonably consistent with plans
(existing at the time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the development
of the area surrounding the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport
development project under Title 49, United States Code, it has undertaken
reasonable consultations with affected parties using the airport at which project is
proposed.
9. Public Hearings. In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity for public
hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,
when requested by the Secretary, submit a copy of the transcript of such hearings
to the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a
major runway extension,or runway location it will provide for the Governor of
the state in which the project is located to certify in writing to the Secretary that
the project will be located, designed, constructed, and operated so as to comply
With applicable air and water quality standards. In any case where such standards
have not been approved and where applicable air and water quality standards have
been promulgated by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the project application
has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after
January I, 1995, for the replacement or reconstruction of pavement at the airport.
Airpod Spnnsor Assurances(412012) ARP Page a of 17
it assures or certifies that it has implemented an effective airport paverneni
maintenance-management program and it assures that it will use such program for
the aaseful life of any pavement constructed, reconstructed or repaired iviih
Fedeval financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public use airport, as defined in Title 49, it has, on the date of
submittal of the project grant application, all the safety equipment required for
certification ofsuch airport tinder section 44706 of Title 49. United States Code,
and all the security equipment required by rule or regulation, and has provided'ror
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,Audits and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of this writ_the
total cast of the project in connection with which this grant is even 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 shaft make available to the Secretary and the Comptroller General of the
United'States, or any of their duly authorized representatives, tier the
purpose of audit and examination, any books, documents, papers.and
records of the recipient that are pertinent to this grant.The Secretary mm
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 ro the
project in connection with which this grant was given or used. h shall tale
a certified copy of such audit with the Comptroller General of t➢te United
States not later than six (6) months following the close of the fiscal yeas
for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess ot'S1000 rev
work on any projects forded under this grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by the
Secretary of tabor, in accordance with the Davis-Bacon Act; as amended(40
U.S.C. 276a-276a-3), 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.
16. Veteran's Preference. It shall include in all contracts for work on ariv project
forded under this grant agreement avhich involve labor, such provisiotnsasare
necessary to insure that, in the employment of labor(except in executive_
administrative, and supervisory positions). preference shall be given to Vietnanm
Airport Sponsor Assurances(4/20121 ARP -- >=one 7 nt
era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans. disabled
veterans. and small business concerns owned and controlled by 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. Anv modification to the approved plans, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into
this grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work•ccnforms 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 tinder this project shall be
subject to copyright in tine United States or any other country.
e. It will give the Secretary unrestricted authority to publish. disclose.
distribute, and otherwise use mty of the material prepared in connection
with this Brant.
f. It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do all of-
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 ofany planning material developed as past of
slryo-Sponsor Assurances(412012) ARP Page 8 of 17
this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon orcomtected
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, nothima
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facillity 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 kinds 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 tuture 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 iurisdiction. that will reduce its
compatibility. with respect to the airport. of the noise compatibility program
measures upon which Federal funds have been expended.
Airport Sponsor.Assurances(4/2012) ARP Page 9 of 17
22. Economic Nondiscrimination.
I
. 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 airpou!_
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-
furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof.and
2) charge reasonable, and not unjustUv discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
male reasonable and nondiscriminatory discounts, rebates,or other
similar types of price reductions to,volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed-based operators malting 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 authtrized or permitted by the airport
to serve any air carrier at such airport.
C. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shalt 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.
L. 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 lirrnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
r
Airport Sponsor Assurances(412012) ARP Page 10 of 17
h.. The sponsor may establish such reasonable, and not unjustly
discriminator^, conditions to be met by all users of the eirpoue as anay be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or classof
aeronautical use of the airport if such action is necessary formine safe
operation of the airport or necessary to serve the civil aviation rt+eeds of the
public.
23. Exclusive Rights, It will permit no exclusive right for the use of the mirpon by
arty person providing. or intending to provide, aeronautical servicesmmthe public.
For purposes of this paragraph, the providing of the services at an aiirpon by a
sin,0e fired-based operator shall not be construed as an exclusive ridtt ifboth of
the following apply.
a. It would be unreasonably costly, burdensome, or intpracticail Cur more than
one fixed-based operator to provide such services, and
b.. If allowing more than one fixed-based operator to provide setch;crvices
would require the reduction of space leased pursuant to an e�wtinn
agreement between such single fixed-based operator and sudA sirpon_.It
further agrees that it will not, either directly or indirectly. gram e+f permit
any person, firm,or corporation, the exclusive righfat the aii1pauu to
conduct any aeronautical activities, including, but not limitecdltocharter
Iiights,pilot training, aircraft rental and sightseeing,aerial plivot aphy.
crop dusting_aerial advertising and surveying, air carrier opaultions,
aircraft sales and services, sale of aviation petroleum products whetheror
not conducted in conjunction with other aeronautical activitw_impair and
maintenance of aircraft, sale of aircraft parts. and any other;tiviaies
which because of their direct relationship to the operation otrmimcrati can
be regarded as an aeronautical activity, zinc] that it will terinimic any
exclusive right to conduct an aeronautical activity now exisriamsat such an
airport before the grant orally assistance under Title 49. UniiQ States
Code.
24. Fat and Rental Structure. It will maintain a fee and rental structttccc for the
facilities and services at the airport which will make the airport as seat](sustaining
as possible under the circumstances existing at the particular airport.Llcing into
account such factors as the volume of traffic and economy ofcollecifim. No part
of the Federal share of an airport development; airport plannin,*or mois�c
compatibility project for which a grant is made under Title 49. Unirudl States
Code. the Airport and Airway Improvement Act of 1981 the Fedemil Airport Act
or the Airport and Airway Development Act of 1970 shall be includ[LA in the rate
basis in establishing fees. rates, and charges for users of that airpom.
25. Airport Revenues.
a. All revenues 2cnerated by the airport and any local taxes ontalwntion fuel
established after December 30. 1937.. will be expended b} i«lVairdhecapital
or operating costs of the airport: the local airport system: or(tuber local
Facilities which are owned or operated by the owner or operallorofthe
Airpeq Sponsor Assurances(4120121 ARP >-De 11 Of 17
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. The following exceptions apply to this paragraph:
I) 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.
2) 1 f the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor's acquisition of land,this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 20-year period)of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October I. 1996,
plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant
made to that airport on or after October I. 1996.
3) Certain revenue derived ti•om or generated by mineral extraction.
production. lease, or other means at a general aviation airport (as
defined at Section 47102 of title 49 United States Code), if the
FAA determines the airport sponsor meets the requirements set
forth in Sec. 813 of Public Law 1 12-95.
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 acid 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
Airport Sponsor Assurances(412012) ARP Page 12 0(17
available to the public; make available to the public at reasonable times
and places a report of the airport budget in a format prescribed by the
Secretary:
b. for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent of the Secretary upon reasonable request:
C. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms.
conditions, and assurances of this grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary
and make available to the public following each of its fiscal years, an
annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of
government and the amount of compensation received for
provision of each such service and property.
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 ofaii-craft to the United States for use by Government aircraft
in common with other aircraft at all tines without charge, except, if the use by
Government aircraft is substantial, charge may be made Rx 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 Bross acctunulative 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 Cite 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
Airport Sponsor Assurances(4/2012) ARP Page 13 of 17
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 ofTsite areas owned or controlled b_v 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 ofesisting
airport facilities; (3)the location ofafl existing and proposed nonaviation
areas and of all existing improvements thereon;and (4)all proposed and
existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary
which approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan.The
sponsor will not make or 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. I f a change or alteration in the airport or the facilities is made which the
Secretary determines adversely atiects the safety, utilit%%.or efficiency of
any federally owned, leased,op 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 orrelocating 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 except in the case of a relocation or replacement of an existing
airport Facility due to a change in the So-cretary's design standards beyond
the control of the airport sponsor.
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 activitv conducted with or
benefiting from finds 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 am
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
Airport Sponsor.Assurances(412a12) ARP Par,,--_ 54 of 17
(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,
including land serving as a noise buffer, it will dispose of the land, when
the land is no Ionger 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
kind will be.at the discretion of the Secretary, (1) reinvested in another
pmject at the airport, or(2)transferred to another eligible airport as
prescribed by the Secretary. The Secretary shall give preference to the
tiol€owing*, in descendim-, order, (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 471 17(e) of title 49 United States
Code (3)reinvestment in an approved airport development project that is
eligible for grant finding under Sections 47114.47115, or47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund. If land acquired under a grant for noise compatibility
purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land.
Revenues derived from such a lease may be used for an approved airport
development project that would otherwise be eligible for grant finding or
any permitted use of airport revenue.
b. For land purchased tinder 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, (I)upon
application to the Secretary, be reinvested or transferred to another eligible
airport as prescribed by the Secretary. The Secretary shall give preference
to the following. in descending order: (1) reinvestment in an approved
noise compatibility project. (2) reinvestment in an approved project that is
eligible for grant funding under Section 471 17(e)of title 49 United States
Code,(3)reinvestment in an approved airport development project that is
eligible for grant funding under Sections 471 14. 47115. or 47117 of tide
49 United States Code; (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airwav Trust Fund.
C. Land shall be considered to be needed for airport purposes under this
asurance if(I) it may be needed for aeronautical purposes(including
ninway pro iection zones) of serve as noise butler land, and(2) the revenue
Airport Sponsor Assurances(4A'e'Q Q2 ARP Page 15 of 17 °
f-am interim uses of such land conh'ibutes to the financial self-sufficiency
of the airport. Further, land purchased with a grant received by an airpoII
operator or owner before December 3 L 1997, will be considered to be
needed for airport puglloses 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, 143 _
d. Disposition ofsuch land sender(a)(b)or(c)will be subject to the retention
or reservation of any interest or right therein necessary to ensure that SUCK
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, feasibilit,
studies, architectural services,.preliminary engineering, design, en¢ineering.
surveying. nlappine Or relatedd services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated and-fir
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 vo
be used to fund any pwject which uses any product or service of a foreign counitm
durine the period in which such Foreign country is listed by the United States
Trade Reprzscnlativc as denying rair and equitable market opporMlitics for
products and suppliers of the United States in procurement and construction.
34. Policies,Standards, and Specifications. It will carry out the praject in
accordance with policies, standards, and specifications approved by the Secrctar+'
including but not limited to the advisor circulars listed in the Current FAA
Advisory Circulars for rIIP projects, dated IAN 2 � 2��2__(the latest
approved version as of this grant Offer)and included in this grant, and in
accordance with applicable state policies, standards, and specifications approve;.
bx the Seclvtat v.
35. Relocation and Rent Pi operh Acquisition. ("I) It will be l-mided in ocquirim�
real prcglerty, to the :Ircatest extent practicahlz under State la++. L)V dl,: land
acquisition policies in Subpart k of-19 CFR Part 11 and will pa+ of reimburse
proper[ mvners Ica' necessary expenses as specified in Subpart P. (2) It +%ill
1)1'01'Ide a relOCal1011 aSSl Stallce proglalll Uttel'1114 the se I'vice, de5cl'Ibed III Subj)-A
C and fair and reasonable relocation payments and assistance to displaced per>•.: ^
as rzTuired in Subpart D and E of49 CFR Part 24. (3) It +%ill make available
o ithin a reasonable period of time prior to displacement. comparable replacenr,r•.
ch%ellines to displaced persons in accordance++i11 Subpart E of 49 CFR Part 2
36. Access By Intercih• Buses. The airport owner or Opel ator++ill permit, to the
Illamilltllll extent practicable. Illterciil' bll es oi-ollm. Ili xle5 of trail=poriat 10il t:-
have access to the airport; however, it has no obligation to fund special facilities
For intercity buses or for other modes of transportation.
37. Ditadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of any
DOT-assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award
and administration of DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26. and as approved by DOT, is incorporated by
reference in this agreentcnt. 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
alppcopriate cases, refer the matter for enforcement under 13 U.S.C. 1001 and/or
doe Program Fraud Civil Remedies Act of 1936 (3)1 U.S.C. 3301).
33. tfangar Construction. If the airport owner or operator and a person who owns an
aiilrrirati agree that a hangar is to be constructed at the airport for the aircraft at the
if,rcraft owner's expense, the airport owner or operator will grant to.the aircraft
OhlYner for the hangar a lone term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Cempetitive Access.
It. 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 eater 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-
I) 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.
bt. Such report shall be due on either February I or AUgust I of each year il'
the airport has been unable to accommodate the request(s) in the six month
period prior to the applicable dire date.
'irport Spera,.-Assunio;es t4l2012) ARP Pape 17 of 17