Federal Aviation Administration (FAA) - Grant agreement for Boulder Municipal Airport Improvement Program CIP
f4jew
U.S. Department Denver Airports District Office
26805 E. 68 Avenue, Room 224
of Transportation Denver, Colorado 80249
Federal Aviation
Administration
PLEASE READ BEFORE EXECUTING GRANT
July 12, 2011
Ms. Jane S. Brautigam, City Manager
City of Boulder
1777 Broadway Street
Boulder, Colorado 80302
Dear Ms. Brautigam:
Enclosed are two copies of a grant offer for Airport Improvement Program Project No. 3-08-
0004-12 at the Boulder Municipal Airport in which $990,054 of Federal funds have been
obligated to accomplish the development described on page 1 of the grant offer. Please
complete Part II (Acceptance) by having the authorized officials execute the last page of the
grant offer. Certification by the attorney should be completed following the acceptance
and dated on or after the acceptance date.
Your normal procedures for accepting documents such as this in accordance with local and
state law should be followed, but evidence of such procedure is not required by the Federal
Aviation Administration.
After execution and certification of the grant agreement, please return one copy to this
office. The other copy is for your records.
All applicable project-related requirements pertaining to environmental analysis and
approval for this grant have been met in accordance with the guidelines contained in FAA
Order 5050.413, Airport Environmental Handbook (2006).
Sincerely,
Y
jtibn P. Baucr, Manager
1~enver Airports District Office
Enclosures
2011-2016 Capital Improvements Program a
Project Status Report
i
Project Name: Project Number: Map Number.
Rehabilitate Portion of Aircraft Parking Apron 771 x09 79
Department: PW/ P.4u"icipal Airport Subcommunity: East Boulder
Funding Source: Airport Fund BVCPArea: Area I
Project Type: Existing Facility - Rehab ! Repair / Deficiency Correction
CEAP Required: NC, CEAP Completed.,
' .
p
Project Description:
Rehabilitate a portion of the aircraft parking apron, which will include repairing the subgrade and correcting
drainage issues, as needed, Paint aircraft movement lines and install tie-down anchor points after rehabilitation is
complete. This project will be primarily funded through the Federal Aviation Administration (FAA) entitlement
program that pays for 95% of the total cost for maintenance and/or rehabilitation of the airport infrastructure. The
remaining 5% is split between CDOT and the Airport Fund.
Sources of Funding:
FAA $900,000
CDOT Division of Aeronautics $23,684
Airport Fund $23,684
Community Sustainability 1 Project Justification:
The FAA mandates that the airport infrastructure be properly maintained and provides entitlement funds to pay for
repairs. CDOT conducted a pavement evaluation in 2006 and rated the apron with a Pavement Condition index
(PCI) of 49. With PCIs ranging from 0-100, a 49 falls into the "Major Rehabiliation" category. They also noted
"block cracking, depression, bleeding, longitudinal and tranverse cracking, weathering, and raveling." Further
degradation will occur if a rehabilitation project is not conducted.
Relationship to Master Plans:
This project will be in accordance with the Airport Master Plan Update, which was unanimously approved by City j
Council in January 2007. It has also been carried on CDOT's CIP list since 2003. !
Public Process Status, Issues:
This project was included in the Airport Master Plan Update process, which included open house meetings and `
mailings to Airport neighbors.
1
Relationship with Other Departments: t
None at this time. t
Capital Funding Plan
2011 2012 2013 2014 2015 2016 Planned Funding
$947,368 $0 So SO $0 SO $947,368 t
Change from Prior Year:
Annual On-going Operating Costs
Description: Costs are absorbed as part of the Airport operating budget.
Source of Funding: Airport Fund
Business Plan Prioritization of Services:
Essential % 100% Desirable Discretionary %Total % 100%
9
ti
- 4
2011 DRAFT CAPITAL IMPROVEMENTS PROGRAM Transportation & Airport - 123
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: July 12, 2011
Airport: Boulder Municipal Airport
Project Number: 3-08-0004-12
Contract Number: DOT-FAI INM-1017
DUNS#: 75759969
7'm City of Boulder, 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 April 5, 2011 for a grant of Federal fiends
for a project at or associated with the Boulder Municipal Airport 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 East Aircraft Parking Apron,
all as more particularly described in the Project Application.
FAA Form 5100-37 (10/89)
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, 95.00 per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Conditions
. The maximum obligation of the United States payable under this offer shall be $990,054. 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
$990,054 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. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any pail of the costs of the project
unless this offer has been accepted by the sponsor on or before July 20, 2011, or such subsequent date as may be
prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means
funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the
Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement,
order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or
FAA Form 5100-37 (10/89) 2
other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons, who may arise
from, or be incident to, compliance with this grant agreement.
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 for
AIP Projects," dated June 2, 2010, and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved 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 of the Sponsor by $25,000.00 or five percent
(5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter
from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and
allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the
amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the
increase, it is further understood and agreed that if, during the life of the project, the FAA determines that a
change in the grant description is advantageous and in the best interests of the United States, a letter from the
FAA will unilaterally arnend 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.
11. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to
acquire any steel or manufactured products produced outside the United States to be used for any project for
airport development or noise compatibility for which funds are provided under this grant. The Sponsor will
include in every contract a provision implementing this special condition.
12. In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as
stated in Condition No. I of this Grant Offer:
a. may not be increased for a planning project;
b. may be increased by not more than 15 percent for development projects;
c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase
in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on
current credible appraisals or a court award in a condemnation proceeding.
13. 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:
FAA Form 5100-37 (10189)
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
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.
c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, their
locations, and remedial action, scheduled or performed, must be documented. The minimum information to
be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so
long as the information and records produced by the pavement survey can be retrieved to provide a report to
the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an
effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and
recommended methods of repair are presented.
FAA Form 5100-37 (10189)
14. The Sponsor agrees to perform the following:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the
measures and procedures to be used to comply with the quality control provisions of the construction
contract, including, but not limited to, all quality control provisions and tests required by the Federal
specifications. The program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project, together with a description of the services to be provided.
(3) Procedures for 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 necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests
performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall
include the pay reductions applied and the reasons for accepting any out-of-tolerance material. An interim test
and quality control report shall be submitted, if requested by the FAA.
e. 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. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that sponsor test results are inaccurate.
15. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. 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 a. I of this award ten-n; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have
violated a prohibition in paragraph a.I of this award term through conduct that is either-
A. Associated with performance under this award; or
FAA Form 5100-37 (10189)
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 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 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--
1. Is determined to have violated an applicable prohibition in paragraph a.l of this award term; or
2. 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 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, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49
CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in paragraph a, l of this award term.
2. 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.
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 who is engaged in the performance of the project or
program under this award; or
ii. Another person engaged in the performance of tine 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.
2. "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, fi-aud, or
coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those
terms 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 CFR l 75.25(6).
B. A for-profit organization.
4. "Severe forms of trafficking in 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 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
FAA Form 5100-37 (7190) E
the total value of the engineering services contract, and that amount will not be paid to the Engineer 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 the Single Audit reporting package to the Federal Audit Clearinghouse on the
Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/fac/collect/ddeindex.html. The Sponsor shall also provide one copy of the completed
A-133 Audit to the Denver Airports District Office.
18. The Sponsor agrees to comply with the Assurances attached to this offer, which replaces the assurances that
accompanied the Application for Federal Assistance.
FAA Form 5100-37 (7190) 7
17. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer
and Acceptance shall comprise a Grant Agreement, as provided by 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 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. Auer
Mana r, Denver 'Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and 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.
l
Executed this day of 20 .
CITY OF BOULDER, COLORADO
`(SEAL
(Signature Sponsor's Desi-nated Official Representative)
Ni ~p 1 G By: Jane S. Brautigam
(Typed Name of Sponsor's Designated Representative)
Attest. O City Manager
C, (Typed Title of Sponsor's Designated Official Representative)
Certificate of Sponsor's Attorney E4- ~,~cting 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 Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding obliaati9n of the Sponsor in accordance with the terms thereof.
Dated at~~ .~l!,'> this-' of ? t 204
Signature )'f Sponsor's Attorney
FAA Form 5100-37 (7190) S
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 fiinds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public
agency with control of a public-use airport; the term "private sponsor" means a
private owner of a public-use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are
incorporated in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken
by a Public Agency Sponsor. The terms, conditions and assurances of the grant
agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date of acceptance of a grant offer
of Federal finds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so long as the
airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with Federal
funds. Furthermore, the duration of the Civil Rights assurance shall be specified
in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor. The preceding paragraph 1 also applies to a private sponsor
except that the useful life of project items installed within a facility or the useful
life of the facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no less than ten (10)
years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the
grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in
section C apply to planning projects. The terms, conditions, and assurances of the
grant agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
grant that:
Airport Sponsor Assurances (312011) 1 of 13
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Legislation
a. Title 49, U.S_C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.'
C. Federal Fair Labor Standards .Act - 29 U.S.C. 201, et sea.
d. Hatch Act - 5 U.S.C. 1501, et sea.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 - Title 42 U.S.C. 4601, et sea.' 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(f).'
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
5-M.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.I_ 93-205, 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 4(f))
M. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et sea.'
r. Power Plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.'
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et se q.1
t. Copeland Anti Kickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.'
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
X. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 1 1246 - Equal Employment Opportunity
Executive Order 1 i 990 - Protection of Wetlands
Executive Order 11988 - Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Buildina Construction'
Executive Order 12898 - Environmental Justice
Airport Sponsor Assurances (312011) 2 of 16
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
C. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part I - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non-construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in
Airport Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real Property
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 programs
and activities receiving or benefiting from Federal financial assistance.'
o. 49 CFR Part 29 - Government wide debarment and suspension
(nonprocurement) and government wide requirements for drug-free
workplace (grants).
P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office of Management and Budget (OMB) Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 - Audits of States, Local Governments, and Non-Profit
Organizations
These laws do not apply to airport planning sponsors.
Airport Sponsor Assurances (3/2011) 3 of 16
z These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State
and Local Governments receiving Federal assistance. Any requirement
levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal
assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any ofthe
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 the grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing
the filing of the application,
t:l
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
b. Private Sponsor: it has legal authority to apply for the grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to
provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient fiinds 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 fiinded under this
grant agreement which it will own or control.
4. Good Title,
a. It, a public agency or the Federal government, holds good title,
satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in the grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
Airport Sponsor Assurances (3/2011) 4 of 16
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 tinder Title 49, United States Code, to assume the
obligations of the grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall
insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it`applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the tenns 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.
I. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to ensure
that the airport will be operated and maintained in accordance with 'T'itle
49, United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall ensure that such arrangement
also requires compliance therewith.
g. It 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.
Airport Sponsor Assurances (3/2011) 5 0` 15
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 the
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 hater 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 (60) days after the project
application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after
January 1, 1995, for the replacement or reconstruction of pavement at the airport,
it assures or certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public use airport, as defined in Title 49, it has, on the date of
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation. and has provided for
4irpurt Sponsor Assurances (3/7.011) 6 of 16
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to the
project in connection with which the grant was given or used, it shall file a
certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year
for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects funded under the grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by the
Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor,
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project
funded under the grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Veterans
of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,
United States Code. However; this preference shall apply only where the
individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval of the Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
Airport Sponsor Assurances (3/2011) 7 of 16
schedules shall also he subject to approval of the Secretary, and incorporated into
the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such project as the
Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
C. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared tinder a grant
provided by the United States.
d_ It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do all or
any part of this project as well as the right to disapprove the proposed
scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
A.•pCr. Soon~orr'.vsurtuice~ ~~r2u11? ~ ni
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance, the sponsor
will have in effect arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal finds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment
or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
Tarnishing services to the public at the airport. the sponsor will insert and
enforce provisions requiring the contractor to-
Jrpurt S~oisor Assurances ( I~0111 9 of 16
(1) fiu-nish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to
prevent any person, firm, or corporation operating aircraft on the airport
from performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will pen-nit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the services at an airport by a
Airpor, Sponsor Assuranc,~s (3i2L'1 I } C cr` 16
single fixed-based operator shall not be construed as an exclusive right if both of
the following apply:
a. It would be unreasonably cosily, burdensome, or impractical for more than
one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed-based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any
person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training,
aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising
and surveying, air carrier operations, aircraft sales and services, sale of aviation
petroleum products whether or not conducted in conjunction with other
aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts; and
any other activities which because of their direct relationship. to the operation of
aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental! Structure. It will maintain a fee and rental structure for the
facilities and services at the airport which will make the airport as self-sustaining
as possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act
or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fitel
established after December 30, 1987, will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes
on or off the airport. Provided, however, that if covenants or assurances in
debt obligations issued before September 3, 1982, by the owner or
operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide
for the use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the
airport owner or operator's general debt obligations or other facilities, then
this limitation on the use of all revenues generated by the airport (and; in
the case of a public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984,
the sponsor will direct that the audit will review, and the resulting audit
Airport Sponsor Assurances (312011) 11 of 16
report will provide an opinion concerning, the use of airpoil revenue and
taxes in paragraph (a), and indicating whether funds paid or transferred to
the owner or operator are paid or transferred in a manner consistent with
Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
available to the public; make available to the public at reasonable times
and places a report of the airport budget in a format prescribed by the
Secretary;
b. for airport development projects, snake the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of the grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary
and make available to the public following each of its fiscal years, an
annual report listing in detail:
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 of aircraft to the United States for use by Government aircraft
in common with other aircraft at al l times without charge, except. if the use by
Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use. for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Government aircraft
will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aircraft, or during any calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
Airport Sponsor Assurances (3/2011) 12 of 16
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation
activities, or weather-reporting and communication activities related to air traffic
control, any areas of land or water, or estate therein, or rights in buildings of the
sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offshe areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor wil I not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by
the Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or
(2) bear all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or
handicap be excluded from participating in any activity conducted with or
Airport Sponsor A-M;; mccs (3/21) 111 13 of 16
benefiting from fiends received from this grant. This assurance obligates the
sponsor for the period during which Federal financial assistance is extended to the
program, except where Federal financial assistance is to provide, or is in the form
of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended,
or for another purpose involving the provision of similar services or benefits, or
(b) the period during which the sponsor retains ownership or possession of the
property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2)
be reinvested in an approved noise compatibility project as prescribed by
the Secretary, including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of the
proceeds of such disposition which is proportionate to the United States'
share of the cost of acquisition of such land will, (1) upon application to
the Secretary, be reinvested in another eligible airport improvement
project or projects approved by the Secretary at that airport or within the
national airport system, or (2) be paid to the Secretary for deposit in the
Trust Fund if no eligible project exists.
C. Land shall be considered to be needed for airport purposes under this
assurance if (l) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (2) the revenue
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987, was notified by the operator or
owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later
than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that suc11
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-contract
for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under
Title 1X 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 fitnds provided tinder this grant to
be used to fiord any project which uses any product or service of a foreign country
during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in
accordance with policies, standards, and specifications approved by the Secretary
including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects, dated FFR It$I Wa1ded in this
grant, and in accordance with applicable state policies, standards, and
specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (l) it will be guided in acquiring
real property, to the greatest extent practicable under State law, by the land
acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2) It will
provide a relocation assistance program offering the services described in Subpart
C and fair and reasonable relocation payments and assistance to displaced persons
as required in Subpart D and E of 49 CFR Part 24. (3) It will make available
within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of transportation to
have access to the airport; however, it has no obligation to fund special facilities
for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race. color, national origin or sex in the award and performance of any
DOT-assisted contract or in the administration of its DBE program or the
requirements of 49 C.FR Part 26. The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award
and administration of DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Recipient of its failure to carry out its approved program.
Airport Sponsor Assurances (312011) 15 of 16
the Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction, If the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator will grant to the aircraft
owner for the hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in Section 47102 of Title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to (Yates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that-
(1) Describes the requests;
(2) Provides an explanation as to why the requests could not be
accommodated; and
(3) Provides a time frame within which, if any, the airport will be able to
accommodate the requests.
b. Such report shall be due on either February i or August 1 of each year if
the airport has been unable to accommodate the request(s) in the six (6)
month period prior to the applicable due date.
Airport Sponscr Assurances (31201 1) 16 of 16
Contract Tracking > Thank You Page 1 of 1
STANDARD OFFICE OF THE
CI-,+-Y qTTORNEY
Contract Routing Cover Sheet JUL
Please print and attach to your document
You can view the status of your contract using the Contract TrackiOg StatU_T
Routing Number 20110718-6592
Originating Dept Public Works
Contact Person Tim Head Phone Number 303-441-3108
Project Manager / Contract Tim Head E-mail headt@bouldercolorado.gov
Administrator
Counter Parties Federal Aviation Administration, FAA
Contract Title / Type Grant agreement far Boulder Municipal Airport CIP
Number 3-08-0004-12
Description Attached Is a grant agreement from the FAA to fund 95% of the total costs to rehabilitate the east
aircraft parking ramp at Boulder Municipal Airport. This project and the subsequent FAA grant was
approved by City Council as part of the 2011 CIP (see attached CIP worksheet).
Special Instructions DEADLINE: Wednesday, July 20 - Sign both copies - CAO must date on/after CMO date - Call Tim
(x3108) for pickup when ready - Send electronic version to Tim Head and Kathy Haddock
Amount $990,054 Expense Type INCOMING
• Dept. Head Signature _
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
i
. cao `
o
• City Manager
• Central Records_
Contract Tracking Home I Signature Routing Form I Track Contract Status I Update Contract Status
http://intraweb.ci.boulder.co.us/ContraetTracking/servlet/Controller 7/18/2011