HomeMy WebLinkAboutMINUTES - 08171993 - 1.17 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: AUGUST 17, 1993
SUBJECT: ACCEPT FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FOR $3,000,000
(AIP PROJECT NO. 3-06-0008-07) FOR CONTRA COSTA COUNTY-BYRON
AIRPORT
SPECIFIC REQUEST(S) OR RECOMMENDAnON(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chairman of the Board Of Supervisors to sign a Statement of
Acceptance of said Grant Offer (entitled Part 1 - Offer) on behalf of Contra Costa County; and
AUTHORIZE and DIRECT the Clerk of the Board to attest the signature of the chairman and to
impress the official seal of Contra Costa County on the aforesaid Statement of Acceptance; and
AUTHORIZE and DIRECT County Counsel to sign a certificate of Sponsors Attorney (entitled
CERTIFICATE OF SPONSORS ATTORNEY) which certifies that the acceptance complies with
all applicable laws and constitutes a legal and binding obligation.
II. Financial Impact:
The total cost of the project is $3,333,333. Ten percent (10%) of the project is the responsibility
of Contra Costa County and will be paid out of the Airport Enterprise Fund utilizing enterprise
funds or a loan from the State Of California, Department of Transportation (CALTRANS)
matching loan programs.
III. Reasons for Recommendations and Background:
On June 3, 1993, the Board of Supervisors authorized a preapplication in the amount of$3,333,333,
for land acquisition (11.2); access road (6,000 LF); apron (140,000 S.F.); two hangar taxiways (600
x 25'); circulation/exit taxiways; two runup aprons; MIRL's for runway 5/23; REIL's and VGSI's;
obstruction lighting; obstacle relocation; phase III ARFF water system; and, pollution control
facility for aircraft wash water.
Continued on Attachment: SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE(S):
ACTION OF 130ARD ON AUG 17 1.03 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
V/ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: 1 hereby certify that this Is a true and correct copy 14
an action taken and entered on the minutes of the
JMW:HEW:rs Board of SupeA(sp�a T the date shown.
c:1707A8 ATTESTED: U�Gj 1 I 1993
PHIL BATCHELOR,Clerk of the Board
Orig Div: Airports - Contact-H. Wight (510) 646-5722 of Supervisors and Co my Administrator
cc: County Administrator ,
Public Works Director By
Public Works Accounting
Auditor/Controller
Aviation Advisory Committee
Federal Aviation Administration
�I
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part I --Offer
Date of Offer July 30, 1993
Byron Airport/Planning Area
Project No. 3-06-0008-07
Contract No. DTFAOB-93-C-30604
TO: Contra Costa County
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation
Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 3,
1993, for a grant of Federal funds for a project at or associated with the Byron
Airport/Planning ,Area which Project Application, as approved by the FAA, is hereby
incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein
called the "Project") consisting of the following:
Acquire land for airport development Parcel 12 (approx. 11.2 acres) including
relocation and buildings; construct airport access road (approx. 6,000 L.F. );
expand aprons (approx. 140.000 S.F. ) including security lighting and holding aprons
Runways 12 and 30; construct two (2) hangar taxiways (approx. 25' x 600' );
construct circulation taxiways (approx. 35' x 2,000'); install MIRL, Runway 5-23
including visual glide slope indicators and REILS Runway 30, 23 and 12; obstruction
lighting; water systems for ARFF service; relocate building from Object Free Area,
Runway 12; water pollution control facility
all as more particularly described in the Project Application.
Page 1
NOW THEREFORE, pursuant to for the purpose of carrying o )the provisions of the
Airpor•t• and Airway Improvement Act of 1982, as amended by the Airport and Airway
Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the
Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the
Sponsor's adoption and ratification of the representations and assurances contained
in said Project Application and its acceptance of this Offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the public from
the accomplishment of the Project and compliance with the assurances and conditions
as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR •AND ON BEHALF OF THE
UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the
allowable cos.ts .incurred in accomplishing the Project, 90 percent of the allowable
project costs.
The Offer is made on and subject to the following terms and conditions:
Conditions
.1. The maximum obligation of the United States payable under this offer shall be
$3,000,000.00. For the purposes of any future grant amendments which may
increase the foregoing maximum obligation of the United States under the
provisions of Section 512(b) of the Act, the following amounts are being
specified for this purpose:
$-0- for planning
$3,000,000.00 for airport development or noise program
implementation.
2. The allowable costs of the project shall not include any costs determined by
the FAA to be ineligible for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made
pursuant to and in accordance with the provisions of such regulations and
procedures as the Secretary shall prescribe. Final determination of the
United States share will be based upon the final audit of the total amount of
allowable project costs and settlement will be made for any upward or downward
adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and
in accordance with the terms hereof, and such regulations and procedures as
the Secretary shall prescribe, and agrees to comply with the assurances which
were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior
to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay
any part of the costs of the project unless this offer has been accepted by
the sponsor on or before September 30. 1993 or such subsequent date as may be
prescribed in writing by the FAA.
Paga 2
7 The sponsor shall taM -all steps, including litigation f necessary, to
recover Federal funds spent fraudulently, wastefully, or in violation of
Federal antitrust statutes, or misused in any other manner in any project upon
which Federal funds have been expended. For the purposes of this grant
agreement, the term "Federal funds" means funds however used or disbursed by
the sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any
determination of the amount of the Federal share of such funds. It shall
return the recovered Federal share, including funds recovered by settlement,
order or judgment, to the Secretary. It shall furnish to the Secretary, upon
request, all documents and records pertaining to the determination of the
amount of the Federal share or to any settlement, litigation, negotiation, or
other efforts taken to recover such funds. All settlements or other final
positions of the sponsor, in court or otherwise, involving the recovery of
such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or
injury to persons which may arise from, or be incident to, compliance with
this grant agreement.
9. The attached new Part V Assurances dated October 1, 1990 (as amended to
incorporate revisions to Assurances 9 and 26 of 11104192), are hereby
substituted in lieu of those submitted as a part of the Sponsor's Project
Application dated June 3, 1993, and are made a part hereof.
10. It is hereby understood and agreed by and between the parties hereto that the
Sponsor will acquire a fee title or such lesser property interest as may be
found satisfactory to the FAA to Parcel 12 as described in the Project
Application and as shown on the property map attached hereto and identified as
Exhibit "A" and that the United States will not make nor be obligated to make
any payment involving the aforesaid Parcel as shown on Exhibit "A", until the
Sponsor has submitted evidence that it has acquired a fee title, possession,
or such lesser property interest as may be found satisfactory to the FAA in
and to said parcel (or any portion thereof for which grant payment is sought)
subject to no liens, encumbrances, reservations or exceptions which in the
opinion of the FAA might create an undue risk of interference with the use and
operation of the airport.
11. The Sponsor agrees to prevent the erection or creation of any structure or
place of public assembly in the runway protection zone, as depicted on the
Exhibit "A" Property Map except for navaids that are fixed by their functional
purposes or any other structure approved by the FAA. Any existing structures
or uses within the Runway Protection Zone will be cleared or discontinued
unless approved by the FAA.
12. Except for instrument landing systems acquired with AIP funds and later
donated to and accepted by the FAA, the Sponsor must provide for the
continuous operation and maintenance of any navigational aid funded under the
AIP during the useful life of the equipment. The Sponsor must check the
facility, including instrument landing systems, prior to commissioning to
ensure it meets operational standards. The Sponsor must also remove,
relocate, or lower each obstruction on the approach or provide for the
adequate lighting or marking of the obstruction if any aeronautical study
conducted under FAR part 77 determines that to be acceptable; and mark and
light the runway, as appropriate. The Federal Aviation Administration will
not take over the ownership, operation, or maintenance of any Sponsor-acquired
equipment, except for instrument landing systems.
Page 3
13. Buy American Requiren; Unless otherwise approved t the FAA, it will not
-acquire or permit any contractor or subcontractor to acquire any steel or
manufactured products produced outside the United States to be used for any
project for airport development or noise compatibility for which funds are
provided under this grant.
14. The sponsor agrees to perform the following: '
1. Furnish a construction management program to FAA prior to the start of
construction which shall detail the measures and procedures to be used to
comply with the quality control provisions of the construction contract,
including, but not limited to, all quality control provisions and tests
required by the Federal specifications. The program shall include as a
minimum:
a. The name of the person representing the sponsor who has overall
responsibility for contract administration for the project and the
authority to take necessary actions to comply with the contract.
b. Names of testing laboratories and consulting engineer firms with quality
control responsibilities on the project, together with a description of
services to be provided.
c. Procedures for determining that testing laboratories meet the requirements
of the American Society of Testing and Materials standards on laboratory
evaluation, referenced in the contract specifications (D 3666, C 1077) .
d. Qualifications of engineering supervision and construction inspection
personnel .
e. A listing of all tests required by the contract specifications, including
the type and frequency of tests to be taken, the method of sampling, the
applicable test standard, and the acceptance criteria or tolerances
permitted for each type of test.
f. Procedures for ensuring that the tests are taken in accordance with the
program, that they are documented daily, and that the proper corrective
actions, where necessary, are undertaken.
2. Submit at completion of the project, a final test and quality control report
documenting the results of all tests performed, highlighting those tests that
failed or did not meet the applicable test standard. The report shall include
the pay reductions applied and reasons for accepting any out-of-tolerance
material . An interim test and quality control report shall be submitted, if
requested by the FAA.
3. Failure to provide a complete report as described in paragraph 2, or failure
to perform such tests, shall , absent any compelling Justification, result in a
reduction in Federal participation for costs incurred in connection with
construction of the applicable pavement. Such reduction shall be at the
discretion of the FAA and will be based on the type of types of required tests
not performed or not documented and will be commensurate with the proportion
of applicable pavement with respect to the total pavement constructed under
the grant agreement.
4. The FAA, at its discretion, reserves the right to conduct independent tests
and to reduce grant payments accordingly if such independent tests determine
that sponsor test results are inaccurate.
Page 4
15. ' It is understood andgeed by and between the parties reto that this Grant
Offer is made and accepted upon the basis of preliminary plans and
specifications; and the parties agree that within 180 days from the date of
acceptance of this Grant Offer, the Sponsor shall furnish final plans and
specifications to the FAA, that no construction work will be commenced
hereunder, and that no contract will be awarded for the accomplishment of such
work until the said final plans and specifications have been approved by the
FAA; and the parties do further agree that any reference made in this Grant
Offer or in the aforesaid Application to plans and specifications shall be
considered as having reference to said final plans and specifications as
approved.
16. The Sponsor agrees to perform within five (5) years of this Grant the airport
development which requires this land acquisition, and further agrees not to
dispose of the land by sale or lease without prior consent and approval of the
Federal Aviation Administration. In the event the land is not used within the
5 years for the purpose for which it was acquired, the Sponsor will refund the
Federal share of acquisition cost or the current fair market value of the
..land, whichever is greater.
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 AVIATION ADMINISTRATION
WESTERN-PACIFIC REGION
hn L. Pfeifer
anager, Airports District Office
Page 5
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.
Executed this 17th day of August , 1993
Contra Costa County
(NAME OF S PON��,
(SEAL)
By l r /ems ?
(SPONSOR'S DESIGNATED OFFICIAL REPRESENTATIVE)
/� ^ p
Title Choirmon, E:uard
Attest: DSan�sa,�e // 2i
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I. Sharon L. Anderson 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 California . Further, I have
examined the foregoing Grant Agreement and the actions taken by said Sponsor and
Sponsor's official representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the laws of the
said State and the Act. In addition, for grants involving projects to be carried
out on property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that the said
Grant Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at Martinez, California this h y of August 1993.
�'�NAURt OF SPONSOR'S ATTORNEY
Page 6
PART V
ASSURANCES
Airport Sponsors
October 1, 1990
(Incorporates revisions of Assurances 9 and 26(11/04192))
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development,airport planning,and noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds
under the provisions of the Airport and Airway Improvement Act of 1982,as amended by the M port and Airway
Safety and Capacity Expansion Act of 1987,or the Aviation Safety and Noise Abatement Act of 1979. As used
herein,the term public agency sponsor means a public agency with control of a public-use airport;the term
private sponsor means a private owner of a public-use airport;and the term sponsor includes public agency
sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of
the grant agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor. The terms,conditions and assurances of the grant agreement shall remain in full force and effect
throughout the useful life of the facilities developed or equipment acquired for an airport development or noise
compatibility program project,or throughout the useful life of the project items installed within a facility under a
noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance
of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurance
against exclusive rights or the terms,conditions,and assurances with respect to real property acquired with Federal
funds. Furthermore,the duration of the Civil Rights assurance shall be as specked in the assurance.
2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed
within_ a facility or the useful life of facilities developed or equipment acquired under an airport development or
noise compatibility program project shall be no less than 10 years from the date of the acceptance ofFederal aid
for the project.
3. Airport Planning Undertaken by a Sponsor.Unless otherwise specified in the grant agreement,only
Assurances 1,2,3,5,6, 13,18,30,32,33,34,and 36 in Section C apply to planning projects.The terms,
conditions,and assurances of the grant agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,regulations,executive
orders,policies,guidelines and requirements as they relate to the application,acceptance and use of Federal funds
for this project including but not limited to the following:
Federal Legislation
a. Federal Aviation Act of 1958-49 U.S.C. 1301,et seq.
Page I of I I
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local
Govemments.31
b• A-128-Audits of State and Local Governments.2/
I/These laws do not apply to airport planning sponsors.
2/These laws do not apply to private sponsors.
3/49 CFR Part 18 and OMB Circular A-87 contain requirements for State and local
governments receiving Federal assistance. Any requirements levied upon State and
local governments by this regulation and circular shall also be applicable to private
sponsors receiving Federal assistance under the Airport and Airway Improvement Act
of 1982,as amended.
Specific assurances required to be included in grant agreements by any of the above laws,regulations or
circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:It has legal authority 10 apply for the grant,and to finance and carry out the
proposed project;that a resolution,motion or similar action has been duly adopted or passed as an official act
of the applicant's governing body authorizing the filing of the application,including all understandings and
assurances contained therein,and directing and authorizing the person identified as the official representative
of the applicant to act in connection with the application and to provide such additional information as may be
required.
b. Private Sponsor:It has legal authority to apply.for the grant and to finance and carry out the proposed
project and comply with all terms,conditions,and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize that person to file this application,including
all understandings and assurances contained therein;to act in connection with the application;and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are
not to be paid by the United States. It has sufficient funds available to-assure operation and maintenance of items
funded under the grant agreement which it will own or control.
4. Good Title
a. It holds good title,satisfactory to the Secretary,to the landing area of the airport or site thereof,or will
give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good
title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or
will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms,conditions,and assurances in the grant agreement without the
written approval of the Secretary,and will act promptly to acquire,extinguish or modify any outstanding
rights or claims of right of others which would interfere with such performance by the sponsor. This shall be
done in a manner acceptable to the Secretary.
Page 3 of I i
voting representation from the communities where the project is located or has advised the communities that they
have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or
runway location it will provide for the Governor of the state in which the project is located to certify in writing to
the Secretary that the project will be located,designed,constructed,and operated so as to comply with applicable
air and water quality standards. In any case where such standards have not been approved and where applicable
air and water quality standards have been promulgated by the Administrator of the Environmental Protection
Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall
be provided within sixty days after the project application has been received by the Secretary.
11. Local Approval. In projects involving the construction or extension of any runway at any general aviation
airport located astride a line separating two counties within a single state,it has received approval for the project
from the governing body of all villages incorporated under the laws of that state which are located entirely within
five miles of the nearest boundary of the airport.
12. Terminal Development Prerequisites. For projects which include terminal development at a public
airport, it has,on the date of submittal of the project grant application,all the safety equipment required for
certification of such airport under section 612 of the Federal Aviation Act of 1958 and all the security equipment
required by rule or regulation,and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the
recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is given
or used,and the amount and nature of that portion of the cost of the project supplied by other sources,and
such other financial records pertinent to the project. The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of
1984.
b. It shall make available to the Secretary and the Comptroller General of the United States,or any
of their duly authorized representatives,for the;purpose of audit and examination,any books,documents,
papers,and records of the recipient that are pertinent to the grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or�used,it shall file a certified copy of such audit with the
Comptroller General of the United States not later than 6 months following the close of the fiscal year for
which the audit was made.
14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work.on any projects
funded under the grant agreement which involve labor,provisions establishing minimum rates of wages,to be
predetermined by the Secretary of Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.0 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 work.
15. Veteran's Preference. It shall include,in all contracts for work on any projects funded under the grant
agreement which involve labor,such provisions as are necessary to insure that,in the employment of labor
(except in executive,administrative,and supervisory positions),preference shall be given to veterans of the
Vietnam era and disabled veterans as defined in Section 515(c)(1)and(2)of the Airport and Airway
Improvement Act of 1982. However,this preference shall apply only where the individuals are available
and qualified to perform the work to which the employment relates.
Page 5 of 1 I
purposes. _
In furtherance of this assurahce,-the sponsor will have in effect at all times arrangements for—
(1)
or(1)Operating the'airport`s aeronautical facilities whenever required;
(2)Promptly marking and lighting hazards resulting from airport conditions,including
temporary conditions;fmd -
(3)Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall 15e construed to require that the airport be operated for aeronautical use during
temporary periods when snow,flood or other climactic conditions interfere with such operation and
maintenance. Further,nothing herein shall be construed as requiring the maintenance,repair,restoration,or
replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or
other condition or circumstance beyond the control of the sponsor.
b. It will suitable operate and maintain noise compatibility program items that it owns or controls upon
which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace
as is required to protect instrument and visual operations to the airport(including established minimum flight
altitudes)will be adequately cleared and protected by removing,lowering,relocating,marking,or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport
hazards.
21. Compatible Land Use. 3t will take appropriate action,including the adoption of zoning laws,to the extent
reasonable,to restrict the use of the land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations,including landing and takeoff of aircraft. In addition,if the
project is for noise compatibility program implementation,it will not cause or permit any change in land use,
within its jurisdiction,that will reduce the compatibility,with-respect to the airport,of the noise compatibility
program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use on fair and reasonable terms and without
unjust discrimination,to all types,kinds,and classes of aeronautical uses.
b. In any agreement,contract,lease or other arrangement under which a right or privilege at the airport is
granted to any person,firm,or corporation to conduct or engage in any aeronautical activity for furnishing
services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to—
(1) furnish said services on a fair,equal,and nofunjustly discriminatory basis to all users thereof,
and
(2) charge fair,reasonable,and not unjustly discriminatory prices for each unit or service,
provided,that the contractor may beallowed to make reasonable and nondiscriminatory
discounts,rebates,or other similar types of price reductions to volume purchasers.
c. Each fixed-based'operator at any airport owned by the sponsor shall be subject to the same rates,fees,
rentals,and other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
Page 7 of 11
sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as
the volume of traffic and economy of collection. No part of the Federal share of an airport development,airport
planning or noise compatibility project for which a grant is made under the Airport and Airway Improvement Act
of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate
base in establishing fees,rates,and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a public agency,all revenues generated by the
airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it for
the capital or operating costs of the airport;the local airport system;or other local facilities which are owned or
operated by the owner or operator of the airport and directly and substantially related to the actual au
transportation of passengers or property;or for noise mitigation purposes on or off the airport. Provided,however,
that if covenants or assurances in debt obligations issued before September 3, 1982,by the owner or operator of
the airport,or provisions enacted before September 3, 1982,in governing statute controlling the owner or
operator's financing,provide for the use of the revenues from any of the airport owner or operator's facilities,
including the airport,to support not only the airport but also the airport owner or operator's general debt
obligations or other facilities,then this limitation on the use of all revenues generated by the airport(and,in the
case of the public airport,local taxes on aviation fuel)shall not apply.
26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request. A report of the Airport budget will be available to the public at
reasonable times and places. For airport development projects,it will also make the airport and all airport records
and documents affecting the airport,including deeds,leases,operation and use agreements,regulations and other
instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request. For
noise compatibility program projects,it will also make records and documents relating to the project and
continued compliance with terms,conditions,and assurances of the grant agreement including deeds,leases,
agreements,regulations,and other instruments,available for inspection by any duly authorized agent of the
Secretary upon reasonable request.
27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with
Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for
use by Government aircraft in common with other aircraft at all times without charge,except,if the use by
Government aircraft is substantial,charge may be made for a reasonable share,proportional to such use,for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise
agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be
considered to exist when operations of such aircraft are in excess of those which,in the opinion of the Secretary,
would unduly interfere with use of the landing areas brother 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
movements of Government aircraft multiplied by gross weights of such aircraft)is in excess of five
million pounds.
28. Land for Federal Facilities. It will famish 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
Page 9 of 11
Further,land purchased with a grant received by an airport operator or owner before December 31, 1987,will
be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant
before December 31, 1987,was notified by the operator or owner of the use of such land,did not object to
such use,and the land continues to be used for that purpose,such use having commenced not later than
December 15, 1989.
c. Disposition of such land under(a)or(b)will be subject to the retention or reservation of any interest or
right therein necessary to ensure thatsuch land will only be used for purposes which are compatible with
noise levels associated with the operation of the airport.
32. Engineering and Design Services. It will award-each contract,or sub-contract for program management, ---
construction management,planning studies,feasibility4mdies,architectural services,preliminary engineering,
design,engineering,surveying,mapping,or related see6ces 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-feds-provided under this grant to be used to fund any
project which uses any product or service of a foreign ountry 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 procuremertl.2lVoonstruction.
34. Policies,Standards,and Specifications. It will early out the project in accordance with policies,
standards,and specifications approved by the SecretarFincluding but not limited to the advisory circulars
listed in the Current FAA Advisory Circulars for.A RTmjects,dated February 26,1992 and included in
this grant,and in accordance with applicable state.galicies,standards,and specifications approved by the
Secretary. :_...._,..._ .
35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property,to the greatest
extent practicable under State law,by-the-land ac�arsition policies in Subpart B of 49 CFR Part 24 and will pay or
reimburse property owners for necessary_t<xpense"§;specifred-in Subpart B. (2)It will provide a relocation
assistance program offering the services.described in Subpart C and fair and reasonable relocation payments and
assistance to displaced persons as required-in Subparts D and E of 49 CFR Part 24. (3)It will make available
within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons
in accordance with Subpart E of49 CFR'Part 24.
36. Drug-Free Workplace. It will prouide,a drug-free workplace at the site of work specified in the grant
application in accordance with 49 CFR•Part-29 by-{q)publishing a statement notifying its employees that the
unlawful manufacture,distribution,dispensing,possession or use of a controlled substance is prohibited in the
sponsor's workplace and specifying the-actions that willbe taken against its employees for violation of such
prohibitions;(2)establishing a drug-free-awareness program to inform its employees about the dangers of drug,.
abuse in the workplace and any availablydrug counseling,rehabilitation,and employees assistance programs;(3) -
notifying the FAA within ten days after receiving notice of an employee criminal drug statute conviction for a
violation occurring in the workplace;and(4)making a good faith effort to maintain a drug-free workplace.
Page I 1 of I I
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Effective Date: 2-26-92
NUMBER SUBJECT
70/7460-1H Obstruction Marking and Lighting
CHG 1
150/5100-14B Architectural, Engineering and Planning Consultant
CHG 1 Services for Airport Grant Projects
150/5200-30A Airport Winter Safety and Operations
150/5210-5B Painting, Marking and Lighting of Vehicles Used on an
Airport
150/5210-7B Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue & Firefighting Station Building Design
150/5220-4A Water Supply Systems for Aircraft Fire and Rescue
Protection
150/5220-10A Guide Specification for Water/Foam Type Aircraft
Rescue and Firefighting Vehicles
150/5220-11 Airport Snowblower Specification Guide
150/5220-12 Airport Snowsweeper Specification Guide
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-14A Airport Fire and Rescue Vehicle Specification Guide
150/5220-15 Buildings for Storage and Maintenance of Airport Snow
Removal and Ice Control Equipment: A Guide
150/5220-16 Automated Weather Observing Systems for Non-Federal
Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting
Training Facilities
150/5300-13 Airport Design
CHG 1 & 2
150/5320-5B Airport Drainage
150/5320-6C Airport Pavement Design and Evaluation
CHG 1 & 2
150/5320-12B Measurement, Construction, and Maintenance of Skid
Resistant Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5325-4A Runway Length Requirements for Airport Design
CHG 1
150/5340-1F Marking of Paved Areas on Airports
CHG 1
150/5340-4C Installation Details for Runway Centerline Touchdown
CHG 1 & 2 Zone Lighting Systems
150/5340-5B Segmented Circle Airport Marker System
CHG 1
150/5340-14B Economy Approach Lighting Aids
CHG 1 & 2
150/5340-17B Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C Standards for Airport Sign Systems
CHG 1
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECT (continued)
Effective Date: 2-26-92
NUMBER SUBJECT
150/5340-24 Runway and Taxiway Edge Lighting System
CHG 1
150/5340-27A Air-to-Ground Radio Control of Airport Lighting
Systems
150/5345-3D Specification for L-821 Panes for Remote Control of
Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D Specification for L-824 Underground Electrical Cable
for Airport Lighting Circuits
CHG 1
150-534510E Specification for Constant Current Regulators
Regulator Monitoring
150/5345-12G Specification for Airport and Heliport Beacon
150/5345-13A Specification for L-841 Auxiliary Relay Cabinet
Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-26B Specification for L-823 Plug and Receptacle, Cable
CHG 1 & 2 Connectors
150/5345-27C Specification of Wind Cone Assemblies
150/5345-28D Precision Approach Path Indicator (PAPA) Systems '
CHG 1
150/5345-42C Specification for Airport Light Bases, Transformer
CHG 1 Housings, Junction Boxes and Accessories
150/5345-43D Specification for Obstruction Lighting Equipment
150/5345-44E Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L-854 Radio Control Equipment
150/5345-50 Specificiatiorifor Portable Runway Lights
CHG I
150/5345-51 Specification for Discharge Type Flasher Equipment
CHG 1
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5360-9 Planning and Design of Airport Terminal Facilities at
Non-Hub Locations
150/5360-12 Airport Signing & Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal
Facilities
150/5370-2C Operational Safety at Airports During Construction
150/5370-6B Construction Progress and Inspection Report-Airport
Grant Program
150/5370-10A Standards for Specifying Construction of Airports
CHG 1,2.3
150/5370-11 Use of Nondestructive Tepting Devices in the
CHG I Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant
Projects
150/5390-2 Heliport Design
150/5390-3 Vertiport Design
Page 2