HomeMy WebLinkAbout09535ORDINANCE NO. 9535
AN ORDINANCE APPROVING AND ACCEPTING FEDERAL
AVIATION ADMINISTRATION AIP GRANT AGREEMENT NO. 3-
08-0046-038-2019 FOR FUNDS IN THE AMOUNT OF $3,749,845
TO CONSTRUCT A WILDLIFE PERIMETER FENCE AT THE
PUEBLO MEMORIAL AIRPORT, BUDGETING AND
APPROPRIATING $3,749,845 TO PROJECT NO. AP1902,
INCREASING THE TOTAL AMOUNT IN THE WILDLIFE
PERIMETER FENCE PROJECT NO. AP1902 TO $4,138,858,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City of Pueblo has received a Grant Agreement from the Federal Aviation
Administration (“FAA”) for the construction of a wildlife perimeter fence; and
WHEREAS, the funds from this grant need to be budgeted and appropriated into the
Wildlife Perimeter Fence Project No. AP1902; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Agreement between the City of Pueblo, a Municipal Corporation, and the FAA
making available $3,749,845.00 in federal funds for the construction of a wildlife perimeter fence,
is hereby accepted and approved.
SECTION 2.
Funds in the amount of $3,749,845.00 shall be accepted from the FAA grant and budgeted
and appropriated to the Wildlife Perimeter Fence Project No. AP1902.
SECTION. 3.
Total funding in the Wildlife Perimeter Fence Project No. AP1902 is hereby increased to
$4,138,858.00.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the Grant Agreement to effectuate the transactions
described therein.
SECTION 5.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 12, 2019 .
Final adoption of Ordinance by City Council on September 9, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on September 13, 2019 .
□
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 12, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Ian Turner, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION
ADMINISTRATION AIP GRANT AGREEMENT NO. 3-08-0046-038-2019 FOR
FUNDS IN THE AMOUNT OF $3,749,845 TO CONSTRUCT A WILDLIFE
PERIMETER FENCE AT THE PUEBLO MEMORIAL AIRPORT, BUDGETING
AND APPROPRIATING $3,749,845 TO PROJECT NO. AP1902, INCREASING
THE TOTAL AMOUNT IN THE WILDLIFE PERIMETER FENCE PROJECT NO.
AP1902 TO $4,138,858, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance will approve and accept a Federal Aviation Administration (“FAA”) grant
agreement to provide funding to construct a wildlife perimeter fence at the Pueblo Memorial
Airport. It also appropriates funds into Project No. AP1902.
PREVIOUS COUNCIL ACTION:
City Council approved an application for supplemental funding under the Airport Improvement
Program (AIP) through Resolution No. 14065 on October 22, 2018.
On May 28, 2019, the City
approved Ordinance No. 9461 establishing the Airport Wildlife Fence Project No. AP1902,
budgeting and appropriating funds for the design of the project and approving a contract with
Dibble and Associates Consulting Engineers. Due to a change in expected funding sources,
Resolution No. 14238 was approved by the City on July 8, 2019 authorizing the filing of an
application for federal assistance with the FAA for the wildlife perimeter fence project from
traditional AIP funds.
BACKGROUND
The Federal Aviation Administration funded an Airport Improvement Program grant to conduct a
Wildlife Hazard Assessment at the Pueblo Memorial Airport (PUB). This Wildlife Hazard
Assessment indicated that wildlife presented a safety hazard to the operation of aircraft and that
a Wildlife Hazard Management Plan be written for PUB. A requirement of the plan is to replace
the barbed wire fence on the east, north, and west boundaries of PUB with a wildlife fence to
exclude hazardous mammal species. The City approved funds in the amount of $389,013.00 in
May 2019 to design the project.
In the fall of 2018, an application was submitted to the FAA to install the wildlife fence as part of
the Consolidated Appropriations Act 2018, which appropriated supplemental money for AIP
eligible projects. The FAA indicated that the wildlife fence project would not receive money under
that program but indicated that if PUB had the project designed it would be high on the priority list
for traditional AIP funding. The City entered into a contract with Dibble Engineering and
Associates and appropriated funds for the design of the project. In order to qualify for traditional
AIP funds, a grant application was submitted to the FAA on July 8, 2019, and this grant is a result
of that application.
FINANCIAL IMPLICATIONS:
The total project is $3,947,205.26. The FAA AIP Grant is for $3,749,845.00, or 95% of the
project funds. The City will be responsible for $197,360.26.00 or 5% of the project funds.
The City appropriated $389,013.00 to fund the design of the project under Ordinance No.
9491. Ninety-five percent of those funds will be reimbursed by the grant and will be available
to match this grant. As a result of the City funding the design and this grant providing 95%
reimbursement, the project is currently overfunded. However, the available FAA funding does
not complete Schedules 2 and 3 of the wildlife fencing project. This overfunding will be
available for this additional required work in the future.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Airport staff met with airport stakeholders on May 2, 2019 to discuss this project.
ALTERNATIVES:
If this Ordinance is not approved, the project will not be undertaken and the FAA will be
informed the grant is not needed.
RECOMMENDATION
The Department of Aviation recommends approval of this Ordinance.
Attachments:
USDOT Federal Aviation Administration Grant Agreement
Grant Certification Memo
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�1
U.S.Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer September 23, 2019
Airport/Planning Area Pueblo Memorial Airport
AIP Grant Number 3-08-0046-038-2019 (Contract No. DOT-FA19NM-1058)
DUNS Number 01-062-0284
TO: City of Pueblo, Colorado
(herein called the"Sponsor") (For Co-Sponsors,list all Co-Sponsor names. The word"Sponsor"in this Grant Agreement also applies to a
Co-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 July 8, 2019,for a grant of Federal funds for
a project at or associated with the Pueblo Memorial Airport,which is included as part of this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Pueblo Memorial Airport(herein called the "Project")consisting of the
following:
Install Perimeter Fencing not required by 1542 (Phase 1)
which is more fully described in the Project Application.
NOW THEREFORE, according to the applicable provisions of the former Federal Aviation Act of 1958, as amended and
recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended
and recodified,49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations
contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant
Assurances dated March 2014, as applied and interpreted consistent with the FAA Reauthorization Act of 2018(see 2018
Reauthorization grant condition), (b) the Sponsor's acceptance of this Offer, and (c) the benefits to accrue to the United
States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions
as herein provided.
THE FEDERAL AVIATION ADMINISTRATION,FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS AND AGREES
to pay 95.00 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project.
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This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is$3,745,842.
The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable
amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United
States under the provisions of 49 U.S.C. §47108(b):
$0.00 for planning
$3,745,842 for airport development or noise program implementation; and,
$0.00 for land acquisition.
2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement.
Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4
years(1,460 calendar days)from the date of formal grant acceptance by the Sponsor.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of
performance (2 CFR§ 200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project
closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar
days after the end date of the period of performance (2 CFR§ 200.343).
The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend
beyond the closeout of a grant agreement.
3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has determined
to be ineligible or unallowable.
4. Indirect Costs — Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate
identified in the project application,as accepted by the FAA,to allowable costs for Sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in
accordance with the regulations,policies,and procedures of the Secretary. 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.
6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and
complete the project without undue delays and in accordance with this agreement, and the regulations, policies,
and procedures of the Secretary. Per 2 CFR§ 200.308,the Sponsor agrees to report to the FAA any disengagement
from performing the project that exceeds three months. The report must include a reason for the project stoppage.
The Sponsor also agrees to comply with the assurances which are part of this agreement.
7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw this offer
at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date.This offer will expire and the United States will 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 September 25, 2019, or such
subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The Sponsor must 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 for
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 dispersed by the Sponsor, that were originally paid pursuant to this
or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any
determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal
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share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must 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 require
advance approval by the Secretary.
10. United States Not Liable for Damage or Injury.The United States is not responsible or liable for damage to property
or injury to persons which may arise from, or be incident to, compliance with this grant agreement.
11. System for Award Management(SAM)Registration And Universal Identifier.
A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this requirement
under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor
submits the final financial report required under this grant, or receives the final payment, whichever is later.
This requires that the Sponsor review and update the information at least annually after the initial registration
and more frequently if required by changes in information or another award term.Additional information about
registration procedures may be found at the SAM website (currently at http://www.sam.gov).
B. Data Universal Numbering System: DUNS number means the nine-digit number established and assigned by
Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from
D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform).
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment request
under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT)
Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. 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 or five percent (5%),
whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum
obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total
actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the
statutory limitations for grant amendments.The FAA's authority to increase the maximum obligation does not apply
to the "planning" component of condition No. 1.
The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative
errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality standards for all
projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may suspend,cancel,or terminate
this agreement.
15. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting
requirements and payment requirements, including submittal of timely and accurate reports.
16. Buy American. Unless otherwise approved in advance 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 which funds are provided under this grant. The Sponsor will include a provision
implementing Buy American in every contract.
17. Maximum Obligation Increase for Nonprimary Airports. In accordance with 49 U.S.C. §47108(b),as amended, the
maximum obligation of the United States, as stated in Condition No. 1 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;
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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.
18. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance
with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on
the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one
copy of the completed audit to the FAA if requested.
19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR§ 180.200,the Sponsor
must:
A. Verify the non-federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management
(SAM)to determine if the non-federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-federal entity attesting they are not excluded or
disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or
disqualified from participating.
B. Require prime contractors to comply with 2 CFR§ 180.330 when entering into lower-tier transactions(e.g. Sub-
contracts).
C. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered transaction
with an ineligible entity or(2) suspends or debars a contractor, person, or entity.
20. Ban on Texting When Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving,
October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is
encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including
policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal
government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text
messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated with texting
while driving.
B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants,contracts,
and subcontracts
21. Exhibit"A"Property Map. The Exhibit"A" Property Map dated January 16,2019 is incorporated herein by reference
or is submitted with the project application and made part of this grant agreement.
22. Employee Protection from Reprisal.
A. Prohibition of Reprisals—
1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in
sub-paragraph (A)(2), information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
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iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are
as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal office or employee responsible for oversight of a grant program;
v. A court or grand jury;
vi. A management office of the grantee or subgrantee;or
vii. A Federal or State regulatory enforcement agency.
3. Submission of Complaint—A person who believes that they have been subjected to a reprisal prohibited by
paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector
General (OIG) for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint-A complaint may not be brought under this subsection more
than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General—Actions, limitations, and exceptions of the Inspector General's
office are established under 41 U.S.C. §4712(b)
6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or
continue an investigation by the Office of Inspector General,the person submitting a complaint assumes the
right to a civil remedy under 41 U.S.C. §4712(c).
23. 2018 FAA Reauthorization.This grant agreement is subject to the terms and conditions contained herein including
the terms known as the Grant Assurances as they were published in the Federal Register on April 3, 2014. On
October 5, 2018, the FAA Reauthorization Act of 2018 made certain amendments to 49 U.S.C. chapter 471. The
Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve
consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the
Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing
assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the
Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes,the statutes shall
apply. The full text of the Act is at https://www.congress.gov/bill/115th-congress/house-bill/302/text.
24. Current FAA Advisory Circulars for AIP Projects. 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 April 18, 2019,
and included in this grant, and in accordance with applicable state policies, standards, and specifications approved
by the Secretary.
25. Final Project Documentation. The Sponsor understands and agrees that in accordance with 49 USC 47111,and with
the Airport District Office's(ADO)concurrence,that no payments totaling more than 90.00 percent of United States
Government's share of the project's estimated allowable cost may be made before the project is determined to be
substantially complete. Substantially complete means the following: (1) The project results in a complete, usable
unit of work as defined in the grant agreement;and (2)The sponsor submits necessary documents showing that the
project is substantially complete per the contract requirements,or has a plan (that FAA agrees with)that addresses
all elements contained on the punch list. Furthermore, no payments totaling more than 97.50 percent of the United
States Government's share of the project's estimated allowable cost may be made until: (1)The sponsor submits all
necessary closeout documentation and (2)The sponsor receives final payment notification from the ADO.
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26. Wildlife Fence. The Sponsor understands that the fence is being installed to prevent wildlife from entering the
airfield. The Sponsor agrees that it will maintain the integrity of the fence for its useful life, but no less than 20 years
from the date of the grant was issued. The Sponsor understands that maintenance of the fence includes repair of
damage to the fence or gates due to any purpose.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced
by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant
Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with
respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL A�1• = AD I ISTRATI•
(�s` / f '
(Sig!re)
John P.Bauer
(Typed Name)
Manager,Denver Airports District Office
(Title of FAA Official)
PART II-ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements
contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer
and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this 24th day of September 2019
CITY OF PUEBLO,COLORADO
(Nam f Sponsor) r
'7604g441/.
(Signature ponsor's Authorized fficial)
By: Nicholas A. Gradisar
(Printed Name of Sponsor's Authorized Official)
Title: Mayor
(Title of Sponsor's Authorized Official)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Daniel C. Kogovsek ,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 Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition,for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal
impediments that will prevent full performance by the Sponsor. Further,it is my opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at Pueblo. CO (location)this 24th day of September , 20192
By >C�NA^il 014424-t<
(Signature of Sponsor'sorney)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.Section 1001(False
Statements)and could subject you to fines, imprisonment,or both.
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ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for
airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency
with control of a public-use airport; the term "private sponsor" means a private owner
of a public-use airport; and the term "sponsor" includes both public agency sponsors
and private sponsors.
3. Upon acceptance of 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 this grant agreement shall remain in full
force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from
the date of acceptance of a grant offer of Federal funds for the project. However,
there shall be no limit on the duration of the assurances regarding Exclusive Rights
and Airport Revenue so long as the airport is used as an airport. There shall be no
limit on the duration of the terms, conditions, and assurances with respect to real
property acquired with federal funds. Furthermore, the duration of the Civil Rights
assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life
of project items installed within a facility or the useful life of the facilities developed
or equipment acquired under an airport development or noise compatibility program
project shall be no less than ten (10) years from the date of acceptance of Federal aid
for the project.
Airport Sponsor Assurances 3/2014 Page 1 of 20
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13,
18, 25, 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; there shall be no limit on the duration of the assurances
regarding Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws, regulations, executive orders,
policies, guidelines, and requirements as they relate to the application, acceptance and
use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act- 40 U.S.C.. 276(a), et seq.'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act—5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et seq.' 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(1).'
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 seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.'
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. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et
seq.), prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.'
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
u. Copeland Anti-kickback Act - 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.'
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Sponsor Assurances 3/2014 Page 2 of 20
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity'
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 —Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
f. Executive Order 12898 - Environmental Justice
Federal Regulations
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments, and OMB
Circular A-133 - Audits of States, Local Governments, and Non-Profit
Organizations].4's'6
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
i. 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.'
j. 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).'
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor(Federal and federally assisted
contracting requirements).'
1. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
m. 49 CFR Part 20 -New restrictions on lobbying.
n. 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.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
Airport Sponsor Assurances 3/2014 Page 3 of 20
p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs.' 2
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27—Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.'
s. 49 CFR Part 28 —Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
t. 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.
u. 49 CFR Part 32 —Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.
Specific Assurances
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.
Footnotes to Assurance C.1.
These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 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.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200
replaces and combines the former Uniform Administrative Requirements for
Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220;
Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it
replaces Circular A-133 guidance on the Single Annual Audit. In accordance
with 2 CFR section 200.110, the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including the Department of
Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
Airport Sponsor Assurances 3/2014 Page 4 of 20
s Cost principles established in 2 CFR part 200 subpart E must be used as
guidelines for determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines
for audits.
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 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 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 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 this grant agreement without the written approval of the Secretary,
and will act promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
Airport Sponsor Assurances 3/2014 Page 5 of 20
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 changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 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.
Airport Sponsor Assurances 3/2014 Page 6 of 20
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. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway
extension at a medium or large hub airport, the sponsor has made available to and has
provided upon request to the metropolitan planning organization in the area in which
the airport is located, if any, a copy of the proposed amendment to the airport layout
plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
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
Airport Sponsor Assurances 3/2014 Page 7 of 20
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 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 this 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 this 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 this 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 this 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 Vietnam 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. Any modification to the approved plans,
Airport Sponsor Assurances 3/2014 Page 8 of 20
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 conforms to the plans, specifications,
and schedules approved by the Secretary for the project. It shall subject the
construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does
not constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of
the airport, other than facilities owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Airport Sponsor Assurances 3/2014 Page 9 of 20
state and local agencies for maintenance and operation. It will not cause or permit
any activity or action thereon which would interfere with its use for airport
purposes. It will suitably operate and maintain the airport and all facilities thereon
or connected therewith, with due regard to climatic and flood conditions. Any
proposal to temporarily close the airport for non-aeronautical purposes must first
be approved by the Secretary. In furtherance of this assurance, the sponsor will
have in effect arrangements for-
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the
airport. Nothing contained herein shall be construed to require that the airport
be operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport (including established
minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of
zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms
and without unjust discrimination to all types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the
public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or
Airport Sponsor Assurances 3/2014 Page 10 of 20
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-
t) furnish said services on a reasonable, and not unjustly discriminatory, basis to
all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed-based
operators making the same or similar uses of such airport and utilizing the same
or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve any
air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, 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.
Airport Sponsor Assurances 3/2014 Page I I of 20
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator
shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed-based operator and such airport. It further agrees that it will not,
either directly or indirectly, grant or permit any person, firm, or corporation, the
exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under
Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport
development, airport planning or noise compatibility project for which a grant is
made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate basis in establishing fees, rates, and charges for users of
that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of passengers
or property; or for noise mitigation purposes on or off the airport. The following
exceptions apply to this paragraph:
1) 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
Airport Sponsor Assurances 3/2014 Page 12 of 20
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) If 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 1, 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 1, 1996.
3) Certain revenue derived from 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 112-95.
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 and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms, conditions, and assurances
of 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
Airport Sponsor Assurances 3/2014 Page 13 of 20
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 all
times without charge, except, if the use by Government aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used. Unless otherwise determined by the
Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use
of an airport by Government aircraft will be considered to exist when operations of
such aircraft are in excess of those which, in the opinion of the Secretary, would
unduly interfere with use of the landing areas by other authorized aircraft, or during
any calendar month that—
a. Five (5) or more Government aircraft are regularly based at the airport or on land
adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircraft
multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any
air traffic control or air navigation activities, or weather-reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein, or
rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing
1) boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars and
Airport Sponsor Assurances 3/2014 Page 14 of 20
roads), including 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. The
sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or
operator will, if requested, by the Secretary (1) eliminate such adverse effect in a
manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and all costs
of restoring such property (or replacement thereof) to the level of safety, utility,
efficiency, and cost of operation existing before the unapproved change in the
airport or its facilities except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benefiting from, funds
received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§
21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs,
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by, or pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant(or other federal
assistance) for any of the sponsor's program or activities, these requirements
extend to all of the sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to
construct, expand, renovate, remodel, alter or acquire a facility, or part of a
facility, the assurance extends to the entire facility and facilities operated in
connection therewith.
Airport Sponsor Assurances 3/2014 Page 15 of 20
3) Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition of real property or an interest
in real property, the assurance will extend to rights to space on, over, or under
such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during
which Federal financial assistance is extended to the program, except where the
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:
1) So long as the airport is used as an airport, or for another purpose involving
the provision of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all
solicitations for bids, Requests For Proposals for work, or material under this
grant agreement and in all proposals for agreements, including airport
concessions, regardless of funding source:
"The (Name of Sponsor), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance
with the acts and regulations relative to non-discrimination in Federally-
assisted programs of the DOT, and incorporating the acts and regulations into
the contracts by reference in every contract or agreement subject to the non-
discrimination in Federally-assisted programs of the DOT acts and
regulations.
2) It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with
the land, in any deed from the United States effecting or recording a transfer
of real property, structures, use, or improvements thereon or interest therein to
a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on
the basis of race, color, national origin, creed, sex, age, or handicap as a
Airport Sponsor Assurances 3/2014 Page 16 of 20
covenant running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under
the applicable activity, project, or program; and
b) For the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or
program.
f. It will provide for such methods of administration for the program as are found by
the Secretary to give reasonable guarantee that it, other recipients, sub-recipients,
sub-grantees, contractors, subcontractors, consultants, transferees, successors in
interest, and other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the acts, the regulations,
and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts, the regulations, and this assurance.
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 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 be, at the
discretion of the Secretary, (1) reinvested in another project at the airport, or(2)
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 47117(e) of title
49 United States Code, (3) reinvestment in an approved airport development
project that is eligible for grant funding under Sections 47114, 47115, or 47117 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 funding or any permitted use of airport revenue.
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 or transferred to another
Airport Sponsor Assurances 3/2014 Page 17 of 20
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 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47114, 47115, or 47117 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.
c. Land shall be considered to be needed for airport purposes under this assurance if
(1) it may be needed for aeronautical purposes (including runway protection
zones) or serve as noise buffer land, and (2) the revenue from interim uses of such
land contributes to the financial self-sufficiency of the airport. Further, land
purchased with a grant received by an airport operator or owner before December
31, 1987, will be considered to be needed for airport purposes if the Secretary or
Federal agency making such grant before December 31, 1987, was notified by the
operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under(a) (b) or (c) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels associated with
operation of the airport.
32. Engineering and Design Services.
It will award each contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary
engineering, design, engineering, surveying, mapping or related services with respect
to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for
or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which
uses any product or service of a foreign country during the period in which such
foreign country is listed by the United States Trade Representative as denying fair
and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circulars listed in
the Current FAA Advisory Circulars for AIP projects, dated 04/18/2019 (the latest
approved version as of this grant offer) and included in this grant, and in accordance
Airport Sponsor Assurances 3/2014 Page 18 of 20
with applicable state policies, standards, and specifications approved by the
Secretary.
35. Relocation and Real Property Acquisition.
a. 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.
b. 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.
c. 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 sponsor shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of any DOT-assisted contract covered by 49 CFR Part 26,
or in the award and performance of any concession activity contract covered by 49
CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race,
color, national origin or sex in the administration of its DBE and ACDBE programs
or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this
agreement. Implementation of these programs is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may
impose sanctions as provided for under Parts 26 and 23 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 1936 (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.
Airport Sponsor Assurances 3/2014 Page 19 of 20
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
section 47102 of title 49, U.S.C.) has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service
at the airport, the airport owner or operator shall transmit a report to the Secretary
that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated;
and
3) Provides a time frame within which, if any, the airport will be able to
accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month period
prior to the applicable due date.
Airport Sponsor Assurances 3/2014 Page 20 of 20
FAA
;"t!.1..19:1 * i Airports
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 4/18/2019
View the most current versions of these ACs and any associated changes at:
http://www.faa.qov/airports/resources/advisory circulars and
http://www.faa.gov/regulations policies/advisory circulars/
NUMBER TITLE
70/7460-1 L Obstruction Marking and Lighting
Change 2
150/5000-9A Announcement of Availability Report No. DOT/FAA/PP/92-5, Guidelines for
the Sound Insulation of Residences Exposed to Aircraft Operations
150/5000-17 Critical Aircraft and Regular Use Determination
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B Airport Master Plans
Changes 1 - 2
150/5070-7 The Airport System Planning Process
Change 1
150/5100-13B Development of State Standards for Nonprimary Airports
150/5200-28F Notices to Airmen (NOTAMs) for Airport Operators
150/5200-30D Airport Field Condition Assessments and Winter Operations Safety
Change 1
150/5200-31C Airport Emergency Plan
Changes 1 - 2
150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
FAA Advisory Circulars Required for Use in Updated 4/18/2019 Page 1 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVs)
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF)Vehicles
150/5220-16E, Automated Weather Observing Systems (AWOS)for Non-Federal
Change 1 Applications
150/5220-17B Aircraft Rescue and Fire Fighting (ARFF)Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26, Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast(ADS-
Changes 1 - 2 B) Out Squitter Equipment
150/5300-13A, Airport Design
Change 1
150/5300-14C 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
150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys
Change 1
150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys
Change 1 to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5D Airport Drainage Design
FAA Advisory Circulars Required for Use in Updated 4/18/2019 Page 2 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5320-6F Airport Pavement Design and Evaluation
150/5320-12C, Measurement, Construction, and Maintenance of Skid Resistant Airport
Changes 1 - 8 Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5325-4B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN
150/5340-1 L Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30J Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10H Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F Specification for Airport and Heliport Beacons
150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator(PAPI) Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retroreflective Markers
150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345-43J Specification for Obstruction Lighting Equipment
FAA Advisory Circulars Required for Use in Updated 4/18/2019 Page 3 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5345-44K Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant(LIR) Structures
150/5345-46E Specification for Runway and Taxiway Light Fixtures
150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49D Specification L-854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51 B Specification for Discharge-Type Flashing Light Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53D Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12F Airport Signing and Graphics
150/5360-13A Airport Terminal Planning
150/5360-14A Access to Airports By Individuals With Disabilities
150/5370-2G Operational Safety on Airports During Construction
150/5370-10H Standard Specifications for Construction of Airports
150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B Airside Applications for Artificial Turf
150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete)Airfield Pavements
150/5370-17 Airside Use of Heated Pavement Systems
150/5390-2C Heliport Design
150/5395-1B Seaplane Bases
FAA Advisory Circulars Required for Use in Updated 4/18/2019 Page 4 of 5
AIP Funded and PFC Approved Projects ARP
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/22/2019
NUMBER TITLE
150/5100-14E, Architectural, Engineering, and Planning Consultant Services for Airport Grant
Change 1 Projects
150/5100-17, Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1 - 7 Assisted Projects
150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5370-12B Quality Management for Federally Funded Airport Construction Projects
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7B Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
FAA Advisory Circulars Required for Use in Updated 4/18/2019 Page 5 of 5
AIP Funded and PFC Approved Projects ARP
�lb
v Single Audit Certification Form
As a condition of receiving Federal assistance under the Airport Improvement Program, you must comply with audit
requirements as established under 2 CFR§200(Uniform Administrative Requirements,Cost Principles, and Audit
Requirements for Federal Awards).
Subpart F requires non-Federal entities that expend$750,000 or more in Federal awards to conduct a single or
program specific audit for that year. Note that this includes Federal expenditures made under other Federal-
assistance programs. Please take appropriate and necessary action to assure your organization will comply with
applicable audit requirements and standards. For more information on the audit requirements please reference the
following web site: https://harvester.census.gov/facweb.
In accordance with your Airport Improvement Program(AIP)grant agreement, you must provide a copy of your
audit to your local Airports District Office(ADO), whether or not there are any significant findings. Please fill out
the information below by checking the appropriate line(s),sign,date,and return this form to the FAA local ADO
identified at the bottom of the form.
Airport Sponsor Information:
City of Pueblo, Colorado 2019
Sponsor Name Fiscal/Calendar Year Ending
Pueblo Memorial Airport
Airport Name
Nicholas A. Gradisar Mayor
Sponsor's Representative Name Representative's Title
719-553-2655 ngradisar@ uebo us
Telephone Email
Please check the appropriate line(s):
® We are subject to the Single Audit requirements and are taking the following action:
❑ The Single Audit for this fiscal/calendar year has been submitted to the FAA.
❑ The Single Audit for this fiscal/calendar year is attached.
The Single Audit report will be submitted to the FAA as soon as this audit is available.
0 We arc exempt from the Single Audit requirements for the fiscal/calendar noted above.
Sponsor Certification:
•
"2(��/ September 24, 2019
Signature
j Date
Return to: FAA, Denver Airports District Office
26805 E.68th Ave., Suite 224
Denver,Colorado 80249