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HomeMy WebLinkAboutFI Elizabeth Field Airport-FAA LORl HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori. montefusco@town.southold.ny.us SCOTT A. RUSSELL Supervisor PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Lydia Tortora From: Lynne Krauza Secretary to the Town Attorney Date: May 18, 2006 Subject: Elizabeth Field Airport, Fishers Island, NY Master Agreement for Airport Improvement Program Grants Please be advised that Lori has reviewed and approved the attached Master Agreement between the Town of Southold and the Federal Aviation Administration in connection with the referenced matter. A resolution authorizing Scott to sign this document has been placed on the Agenda for the next Town Board meeting. In this regard, kindly have Scott sign both counterparts of each Master Agreement where indicated, insert the date of signature, and return them to me for processing. I will make certain that Betty receives an executed original for her records. Thank you for your attention. If you have any questions, please call me. Ilk Enclosures cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) o OR\G\NAL U. S. Department of Transportation Federal Aviation Administration SPONSOR: TOWN OF SOUTHHOLD, NEW YORK AIRPORT:ELlZABETH FIELD, FISHERS ISLAND, NEW YORK MASTER AGREEMENT ON TERMS ANO CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS This document contains the terms and conditions of accepting Airport Improvement Program (AlP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted after notification. I. DEFINITIONS A. Sponsor - An agency that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required in this document and in the accepted Grant Agreement. B. Project - Work as identified in the Grant Agreement. C. Primary Airport - a commercial service airport the Secretary of Transportation determines to have more than 10,000 passenger boardings each year. II. CERTIFICATIONS Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the Sponsor that it will comply with statutory and administrative requirements in carrying out a project under the AlP. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting this grant, the Sponsor certifies that each of the following items was or will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the Sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants. General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), and Part 18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100- 14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations. Master Agreement (1/20/06) - 1 - -;,;.:~' MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees. which are not significantiy above the Sponsor's independent cost estimate. 4. If engineering or other services are to be performed by Sponsor force account personnel. prior approval was (will be) obtained from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs assoclated with work ineligible for AlP funding are (will be) clearly identified and separated from eligible items in solicitations. contracts. and related project documents. 7. Mandatory contact provisions for grant-assisted contracts have been (will be) included in consultant services contracts. 8. The cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referenced'in this certification, the scope of Work was (will be) specifically described in the advertisement; and future work will not be initiated beyond five years. B. Sponsor Certification for Project Plans and Specifications. AlP standards are generally . described In Advtsory Circulars 15O/51llO-6. labor Requirements for the Airport Improvement Program; 150/5100-15, eMI RIghts Requirements for the Airport Improvement Program; and 150/5100-16, Airport Grant Assurance .One--General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports. as well as procurementllnstallatiQn of equipment and facilities. Is referenced In standard airport sponsor Grant Assurance 34 In this document 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements; so no deviation or modification to standards set forth. in the advisory circulars, or State standard~ is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least two manufacturers can meet the specifications? 3. The development included (to be included) in the plans is depicted on the airport layout plan approved by the FAA. 4. Development that is Ineligible for AlP funding has been (will be) omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advlsory Circular 150/5370-10 are (will be) included in the project specifications. 6. If a value engineering clause is Incorporated Into the contract, concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth In the Federally approved environmental finding. 8. For construction activities within or near aircraft operational areas. the requirements contained In Advisory Circular 150/5370-2 have been (will be) discussed with the FAA. as well as Incorporated Into the specifications; and a safely/phasing plan has FAA's concurrence. If required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that w!i're foreseeable at the time of project design. ' ' C. Sponsor Certification for Equipment/Construction Contracts. General standards for equipment and construction contracts within Federal grant programs are described In T1Ue 49. CFR, Part 18.36. AlP standardS are generally described In FAA Advtsory Circular (AC) 15O/51llO-6,labor Requirements for the Airport Improvement Program; 150/5100-15. CMI Rights Requirements for !he Airport Improvement Program; and 15015100-16. Airport Grant Assurence Master Agreement (1/20/06) 2 -:<t'\ MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS One-General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. 1 . A code or standard of conduct is (will be) in effect goveming the performance of the , Sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are (will be) engaged to perform contract administration, engineering supervision, construction inspection, and testing. 3. The procurement was (will be) publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe): a. The current Federal wage rate determination for all construction projects; and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was (will be) obtained from F M prior to contract award under any of the following circumstances: a. Only one qualified personlfjrm submits a responsive bid; , b. The contract is to be awarded to other than the lowest responsible bidder; c. Life cycle costing Is a factor in selecting the lowest responsive bidder; or d. Proposed contract prices are more than 10 percent over the Sponsor's cost estimate. 6. All contracts eXceeding $100,000 require (will require) the following provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; " b. Conditions specifying administrative, contractual, and legal remedies, including contract ' termination. for those instances in which contractors violate or breach contact terms; and c. Compliance with applicable standards and requirements Issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), and Executive Order 11738. 7. All construction contracts contain (will contain) provisions for: a. Compliance with the Copeland 'Anti-Kick Back' Act; and b. Preference given in the employment of labor (except in executive, administrative, and supervisory positions) to honorably discharged V1etnam-era veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain (will contain) the following provisions: a. Compliance with the Davis-Bacon Act based 00 the current Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain (will contain) appropriate clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity. 10. All contracts and subcontracts contain (will contain) clauses required from Titie VI ofthll Civil Rights Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been (will be) made to assure that contracts (lr subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any U.S. Department of Transportation (DOT) element and appearing on the DOT Unified Ust. D. Sponsor Certification for Real Property Acquisition. GenellJl requirements on real properly acquisition and relocation assistance are in TiUe 49, CFR, Part' 24 and the Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1970 (Uniform Act). The Sponsor's attorney or other official has (will have) good and sufficient UUe and titie evidence on properly in the project. if defects and/or encumbrances exist In the UUe that adversely impact the Sponsor's intended use of properly In the project, they have been (will be) extinguished, modified. or subordinated. If properly for airport development Is (will be) leased. the following conditions have been (will be) met: Master Agreement (1/20/06) 3 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS a. The term is for 20 years or the useful life of the project; b. The lessor Is a public agency; and c. The lease contains no provisions that prevent full compliance with this grant agreement. Property in the project is (will be) In conformance with the current exhibit "A" property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was (will be) obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces, property interest was (will be) obtained for the following: a. The right of flight; b. The right of ingress and egress to remove obstructions; and c. The right to restrict the establishment of future obstruction~. Appraisals prepared by qualified real estate appraisers hired by the Sponsor include (will include) the following: a. Valuation data to estimate the current market value for the property interest acquired on each parcel; and b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections. Each apprelsal has been (will be) reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, and the written appraisals and review appraisal are (will be) available to FAA for review. A written offer to acquire each parcel was (will be) presanted to the property owner for not less than the approved amount of just compensation. Effort was (will be) made to acquire each property through the following negotiation procedures: a. No coercive action was (will be) taken to induce agreement; and b. Supporting documents for settlements are (will be) included in the project files. If a negotiated settlement is not reached, the following procedures were (will be) used: a. Condemnation was (will be) Initiated and a court deposit not less than the just compensation was (will be) made prior to possession of the property; and : b. Supporting documents for awards were (will be) included in the project files. if displacement of persons, businesses, farm operations, or non-profit organizations is involved, a relocation assistance program was (will be) established, with displaced parties receMng general information on the program In writing, including relocation eligibility, and a 9O-day notice to vacate. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were (will be) provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance. General reqUirements for final acceptance and closeout of Federally funded construction projects are in Title 49, CFR, Part 18.50. The Sponsor shall determine that project costs are accurate and proper In accordance with specific requirements of this grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, construction inspection, and testing were (will be) determined to be qualified as well as competent to perform the work. 2. Dally construction records were (will be) kept by the resident ~ngineer/construction inspector as follows: ,., a. Work In progress b. Quality and quantity of materials delivered c. Test locations and results d. Instructions provided the contractor e. Weather conditions f. Equipment use Master Agreement (1/20/06) 4 -j." '. " MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS g. Labor requirements h. Safety problems i. Changes required. 3. Weekly payroll records and statements of compliance were (will be) submitted by the prime contractor and reviewed by the Sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/51()()..6 and 150/5100-15). 4. Complaints regarding the mandated Federal provisions set forth in the contract documents have been (will be) submitted to the FAA. 5. All tests specified in the plans and specifications were (will be) performed and the test results documented as well as made available to the FAA. 6. For any test results outside of allowable tolerances, appropriate corrective actions were (will be) taken. 7. Payments to the contractor were (will be) made in compliance with contract provisions as follows: . a. Payments are verified by the Sponsor's intemal audit of contract records kept by the resident engineer; and b. If appropriate. pay reduction factors required by the specifications are applied in computing final payments; and a summary of pay reductions are made available to the FAA. 8. The project was (will be) accomplished without significant deviations. changes. or modifications from the approved plans and specifications, except where approval is obtained from the FAA. 9. A final project Inspection was (will be) conducted with representatives of the Sponsor and the contractor. and project files contain (will contain) documentation of the final Inspection. 10. Work In this grant agreement was (will be) physically completed, and corrective actions required as a result of the final inspection are completed to the satisfaction of the Sponsor. 11. If applicable, the as-built plans. an equipment inventory, and a revised airport layout plan have been (will be) submitted to the FAA. 12. Applicable close out financial reports have been (will be) submitted to the FAA. F. Sponsor Certification for Seismic Design and Construction. 49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) to be financed with the assistance of the FAA. Compliance will be met by adhering to at least one of the following accepted standards: 1. Model codes found to provide a level. of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) including: a. The 1991 Intemational Conference of Building Officials (IBCO) Uniform Building Code. published by the Intemational Conference of Building Officials, 5360 South Workman Mill Road. Whittier. Califomla 90601; b. The 1992 Supplement to the Building Officiais and Code Administration Intemational (BOCA) National Building Code, published by the Building Officials and Code Administrators. 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795; and c. The 1992 Amendments to the Southem Building Code Congress (SBCC) Standard Building Code. published by the Southem Building Code Congress Intemational, 900 Montclair Road, Birmingham, Alabama 35213-1206. _ 2. Revisions to the model codes listed above that are substai'itially equivalent or exceed the then current or Immediately preceding edition of the NEHRP recommended provisions, as It is updated. may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. 3. State. county. local, or other jurisdlctlonal building ordinances adopting and enforcing the model codes. listed above, In their entirety. without significant revisions or changes In the direction of less seismic safety, meet the requirement of 49 CFR Part 41. Master Agreement (1120/06) 5 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS G. Drug-Free Workplace. General requirements on the drug-free workplace within Federal grant programs are described In TItle 49, CFR, Part 29 and the Drug-Free Workplace Act of 1988. Sponsors are required to certify they will provide, or will continue to provide, a drug-free workplace in accordance with the regulation. 1. A statement has been (will be) published notifying 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 to be taken against employees for violation of such prohibition. 2. An ongoing drug-free awareness program has been (will be) established to Inform employees about: a. The dangers of drug abuse in the. workplace; b. The Sponsor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; =and d. The penailies that may be Imposed upon employees for drug abuse violations occurring in the workplace. . 3. Each employee to be engaged in the performance of the work has been (will be) given a copy of the statement required within item 1 above. 4. Employees have been (will be) notified in the statement required by Item 1 above that, as a condition of employment under this grant, the employee will: a. Abide by the terms of the statement; and b. Notify the employer In writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. The FAA will be notified in writing within ten calendar days after receiving notice under Item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, Including position titie of the employee, to the FAA. Notices shall include the project number of each affected grant 6. One of the following actions will be taken within 30 calendar days of receiving a notice under Item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug-free workplace through implementation of items 1 through 6 above. III. GENERAL CONDITIONS A. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration under the TItle 49 U.S.C.. B. Payment of the United States' share of the allowable project costs will be made pursuant to and in accon:lance 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. C. The Sponsor shall carry out and complete the Project wilhoutundue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. Master Agreement (~/20/06) 6 :.t:::". MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORTlMPROVEMENT PROGRAM GRANTS The normally acceptable duration of a project Is four years. Projects open more than four years will be reviewed by FAA. FAA may take unilateral action If in Its judgement project delays are unacceptable or Sponsors are non-responsive. This unilateral action may Include grant closeout and/or withholding additional programming of AlP projects. D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to Its acceptance by the Sponsor. E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless the grant offer has been accepted by the Sponsor on or before 60 days after the grant offer but no later than September 30 of the federal fiscal year the grant offer was made, or such subsequent date as may be prescribed In writing by the FAA. F. The Sponsor shall take all steps, including litigation If necessary, to recover Federal funds spent fraudulentiy, wastefully, or in violation of Federal antitrust statutes, or misused in any 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 obtein 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 setUement, order or judgment, to the Secretary. It shall fumish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any setUement, litigation, negotiation, or other efforts taken to recover such funds. All setUements 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. G. 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 a grant agreement. H. If, during the Ufe of the project, the FAA determines that a grant amount exceeds the expected needs of the Sponsor by $5,000 or five percent (5%), whichever. Is greater, a grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, If there is an overrun in the eligible project costs, FAA may Increase a grant for. an airport development project to cover the amount of the overrun not to exceed 15% percent of the Original grant amount For a grant for non-primary airports to acquire an interest in land, the FAA may Increase the grant amount by not more than the greater of the following, based on current creditable appraisals or a court award In a condemnation proceeding , (1) 15% percent of the original grant amount or (2) 25% percent of the total increase In allowable project costs attributable to acquiring an Interest In land. FAA will advise the Sponsor by letter of the Increase. Planning projects will not be Increased above the planning portion of the maximum obligation of the United States shown in the grant agreement Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. In addition, the Sponsor's officially designated representative, is authorized to request FAA concurrence In revising the project description and grant amount within statutory limitations. A letter from the FAA concurring In the said requested revision to the project work description and grant amount shall constitute an amendment to a Grant Agreement I. If requested by the Sponsor and authorized by the FAA. the letter ~f credit method of payment may be used. It is understood and agreed that the sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for Its disbursements and to timely reporting of such disbursements as reqUired. It Is understood that failure to adhere to this provision may cause the letter of credit to be revoked. J. Unless otherwise approved by the FAA. the Sponsor will not acquire or permit any contractor or ~bcontractor to acquire any steel or manufactured products produced outside the United States Master Agreement(1120/06) 7 , ,iF MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPRoVEMENTPRoGRAM GRANTS to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this condition. K. It is understood and agreed by and between the parties hereto that the Sponsor shail complete this project to provide a safe and usable unit. L. It is understood and agreed by and between the parties hereto that the typewritten description of airport development appearing in Item 11 of the Project Application is hereby deleted and the typewritten description of airport development appearing on Page 1 of the Grant Offer is substituted in its place and stead. M. Private sponsors shall provide, when requested by the FAA, for an audit of the project to be made at the completion of the grant objective in accordance with accepted standard audit practices. Two copies of that audit shall be forwarded to the FAA. Airports District Office. N. For grants containing paving projects in excess of $250,000, the sponsor agrees to perform the foilowing: 1. Furnish a construction management program to FAA prior to the start of construction which shail 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 the 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 (0 3666, C 1077). d. Qualifications of engineering supervision and construction inspection personnel. e. A listing of ail tests required by the contract specifications, including the type and frequency of test to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of tests. 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 ail 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 int,erim test and quality control report shall be submitted, If requested by the FAA. " 3. Failure to provide a complete report as described in paragreph 2, or failure to perform such tests, shall, absent any compeiling justification, result in a reduction in Federal participation for costs incunred In connection with construction of applicable pavement. Such reducti!lO shall be at the discretion of the FAA and wiil be based on the type or types of required tests not perfonned or not documented and will be commensurate with Master Agreement (1120/06) 8. :~.. MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 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 the sponsor test results are inaccurate. O. For a project to replace or reconstruct pavement at the airport, the sponsor shall Implement an effective pavement maintenance management program as is required by Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. An effective pavement management program Is one that details the procedure to be followed to assure that pl'Olll!r pavement maintenance, both preventative and repair, Is performed. An airport sponsor may use any form of Inspection program It deems appropriate. The program must, as a minimum, include the foliowing: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: Location of all runways, taxiways, and aprons Dimension Type of Pavement Year of Construction or most recent major rehabilitation Pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least onCe a year. If a history of recorded pavement deterioration is available, I.e. Pavement Condition Index, (PCI) survey as set forth In Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the frequenCy of Inspections may be extended for three years. b. Drlve~y Inspection. A drive-by Inspection must be performed a minimum of once per month to detect any unexpected changes In the pavement condition. 3. Record Keeping. Complete Information on'the findings of all detailed InsPBCtions and on the maintenance performed must be kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum Information to be recorded Is listed below. a. inspection date b. location c. distress types d. maintenance scheduled or performed ~, For drlve-by Inspections, the date of Inspection and any maintenance performed must be recorded. 4. Infonnatlon Retrieval. An airport sponsor may use any form of record keeping It deems appropriate. so long as the Information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. Master Agreement (1120/06) 9 .'- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective pavement maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. ,-, Master Agreement (1120/06) 10 .' MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS IV ASSURANCES (Dated 3/05) A. General. 1. These assurances shall be complied V'ith 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 TiUe 49, U.S.C., subtiUe VII, as amended. As used herein, the term .public agency sponsor" means a public agency with control of a public-use airport; the term .private sponsor" means a private owner of a public-use airport; and the term .sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are Incorporated In and become part of the grant agreement B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain In full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project Items installed within a facility under a noise compatibility program project, but In any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project Items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6,13,18,30,32,33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain In full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application. acceptance and use of Federal funds for this project Including but not limited to the following: (:, Federal legislation a. TiUe 49, U.S.C., subUUe VII, as amended. b. Davts-Bacon Ad. - 40 U.S.C. 276(a). !1.Hg.l c. Federal Fair Labor Standards Ad. - 29 U.S.C. 201, ~ d. HatchAd.-5U.S.C.1501.~2 Master Agreement (1120/06) . 11 -.\. '.~ MASTER AGREEMENT TERMS ANO CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Titie 42 U.S.C. 4601, et seo.12 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seo. i. Clean AIr Act, P.L. 90-.146, 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.l I. Titie 49 ,U.S.C., Section 303, (formerly known as 'Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI- 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101,~. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1966 -42 U.S.C. 4151. et seo.l . r. Power plant and Industrial Fuel Use Act of 1976 - Section 403- 2 U.S.C. 6373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seo.1 l Copeland AntikickbackAct-16 U.S.C. 674.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, ~ 1 v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1964 - 31 U.S.C. 7501, et seo.2 x. Drug-Free Workplace Act of 1966 - 41 U.S.C. 702 through 706. executive Orders Executive Order 11246 - Equal Employment Opportunity1 Executive Order 119llO - Protection of Wetiands executive Order 11996 - Flood Plain Management executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction 1 Executive Order 12896 - Environmental Justice Federal Regulations a. 14 CFR Part 13 -Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted AIrport Enforcement Proceedings. c. 14 CFR Part 150 - AIrport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed In whole or part by loans or grants from the United States.1 f. 29 CFR Part 5 - Labor standards provisions applicable to' contracts covering federally financed and assisted constructiQn (also labor standards provisions applicable to non-construction Ciontracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment OPPOrtunity, Department of Labor (Federal and federally assisted contracting requirements). ~ h. 49 CFR Part 18 - Uniform edmlnlstrative requirements for grants and cooperative agreements to state and local govemments.3 I. 49 CFR Part 20 - New reslrlcllons on Iobbylng. Master Agreement (1/20/06) 12 ~ !.f MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 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. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Unifonn relocation assistance and real property agQ!lisltion for Federal and federally assisted programs. 1 2 49 CFR Part 26 - Participation By Dlsadvantliged Business Enterprises In Department of Transportation Programs. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and aellvlties receiving or benefiting from Federal financial assistance. 1 49 CFR Part 29 - Government wide debannent and suspension (non- procurement) and govemment wide requirements for drug-free workplace (grants). 49 CFR Part 30 - Denial of publiC works contra~ to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construellon.1 OffIce of Management and Budget Circulars j. k. I. m. n. o. p. q. a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Govemments. b A-133 - Audits of States. Local Govemments. and Non-Profit Organizations 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 OMB Circular A-87 contain requirements for State and Local Govemments receiving Federal assistance. Any requirement levied upon State and Local Govemments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be inciuded in grant agreements by any of the above laws. regulations or circulars are incorporated by reference in the grant agreement 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar aellon has been duly adopted or passed as an official act of the appllcanfs governing body authorizing the filing of the application, Including all understandings and assurances contained therein. and dlrecllng and authorizing the person Identified as the official representative of the applicant to act In connecllon with the application and to provide such addltionallnfonnation as may be reqUlred~ 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 tenns. 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 connecllon with this application; and to provide such additional Information as may be required. Master Agreement (1/20/06) 13 },- .- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which It will own or control. 4. Good Title. a. It, a public agency or the Federal govemment, 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 oompatiblllty 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 giv(l assurance to the Secretary that good title will be ol>tained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would Interfere with such performance .by the sponsor. This shall be done In a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of Its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee Is found by the Secretary to be eligible under Title 49, UnltedState$ Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall Insert in the contract or document transferring or disposing of the sponsor's Interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement c. For all noise compatibility program projects, which are to be carried out by another unit of local govemment or are on property owned by a unit of local govemment other than the sponsor, it will enter Into an agreement with that govemment Except as otherwise specified by the Secretary, that agreement shall obligate that govemment 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 oompatl~lIIty 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-compllance with the terms of the agreement d. For noise oompatlbUIty 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-compllance with the terms of the agreement Master Agreement (1/20/06) 14 '." MASTER AGREEMENT TERMS AND CDNDITIDNS DF ACCEPTING AIRPDRT IMPRDVEMENT PRDGRAM GRANTS e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport In accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall Insure that such arrangement also requires compliance therewith. , \ 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project Is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the Interest of communltles 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 representatlon from the communities where the project Is located or has advised the communities that they have the right to petition the Secretary concemlng a proposed project. , 1D. Air and Water Quality Standards. In projects InvoMng airport location, a major runway extension, or runway Iocatlon 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, certlflcatlon shall be obtained from such Administrator. Notice of certlflcatlon or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. \ 11. Pavement Preventive Maintenance. With respect to a projectappl'Oved 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 malntenance-management program and It assures that It will usa such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financtal assistance at the airport. It will provide such reports on pavement condltlon and pavement management programs as the Secretary detennlnes may be useful. Master Agreement (1120/06) 15 .t> ~... MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 12. Terminal Development Prerequisites. For projects which Include terminal development at a public use airport, as defined In ntle 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 ntle 49, United States Code, and all the security eqUipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the reclplent of the proceeds of the grant, the total cost of the project In connection with which the grant Is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financlal 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 reclpient that are pertinent to the grant The Secretary may require that an appropriate audit be conducted by a reclplent In any case In which an independent audit Is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project In connection with which the grant was given or used, It shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. -14. Minimum Wage Rates. It shall Include, In all contracts In excess of $2,000 for work on any projects funded under the grant agreement which Involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be Included In Proposals or bids for the work. 15. Veteran's Preference. It shall Include in all contracts for work on any project funded under the grant agreement which Involve labor, such provisions as are necessary to Insure that, In the employment of labor (except In executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined In Section 47112 of ntle 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 SpecJflcaUons. It will execute the- project subject to pians, speclfications, and schedules approved by the Secretary. Such plans, speclficatlons. 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, speclficatlons, and schedules shall also be subject to approval of the Secretary, and Incorporated Into the grant agreement Master Agreement (1/20/06) 16 .'- <- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 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 fumish the Secretary with such periodic repOrts as required pertaining to the planning project and planning work activities. 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. c. 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. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. e. f. It will grant the Secretary the right to disapprove the sponSOl'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 lhe Secretary's approval of this project grant or the Secretary's approval of any planning matertal 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 ille aeronautical users of the airport, other than facilities ~ed or controlled by the United States, shall be operated at all times in a safe and serviceable cOndilion and In accordance with the minimum standards as may be required or prescribed by applicable Federal, state and lacel 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 cOndilions. Any proposal to MasteF Agreement (1120/06) 17 ,.;. MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 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) Promptiy marking and lighting hazards resulting from airport conditions, Including temporary conditions; and (3) Promptiy 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, rapalr, restoration, or replacement of any structure or facility whicllls 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. 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 compatiblllty 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. 21. .' 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 grented to any person, firm, or corporation to conduct or to engage In any aeronautical activity for fumlshlng services to the public at the airport, the sponsor will Insert and enforce provisions requiring the contractor to- . , {1 )fumlsh Said services on a reasOnable, and not unjustiy discriminatory, basis to all users thereof, and (2)charge reasonable, and not unjustiy 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 Master Agreeme'nt (1/20/06) 18 ....t..:., MASTER AGREEMENT TERMS AND CDNDmDNS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 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, nontenant, 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 nontenants and signatory carriers and nonslgnatory carriers. " Classification or status !is tenant or signatory sMII 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 exerclse 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 pncluding, but not limited to maintenance, repair. and fueling] that it may choose to perform. In the event the sponsor itself exerclses 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 commerclal aeronautical service providers authorized by the sponsor under these provisions. g. h. The sponsor may establish such reasonable. and not unjustiy discriminatory. conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport If such action Is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. tt 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 costiy, 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 dlr8ctty 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. pllot training, aircraft rental and sightseeing. aerial photography, crop dusting, aertal" advertising and surveying, air carrier operations, aircraft sales and servlces. sale of aviation petroleum products whether or not conducted In conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of Master Agreement (1120/06) 19 , ._if-" MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS aircraft parts. and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronllutical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the gran.t 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 direcUy and substantially related to the actual air transportation of passengers or properly; 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 govemlng statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facllities, Including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a publiC airport, local taxes on aviation fuel) shall not apply, b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the reSUlting audit report will provide an opinion conceming, the use of aiiport 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 Trtle 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any clvil penalties or other sanctions will be imposed for violation of this assurance In accordance with the provisions of Section 47107 ofTiUe 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 reasbnable 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 authorlzed agent of the Secretary upon reasonable request; Master 'Agreement (1120/06) 20 , ~t' 27. MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement Including deeds, leases, agreements, regulations, and other instruments, available for Inspection by any duly autho~ed agent of the Secretary upon reasonable request; and d. In a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of Its fiscal years, an annual report listing In detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (Ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. Use by Government Aircraft. It will make available all of the fac'ilities 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 extst 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 totai 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-reportlng 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 wili be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plari. 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 offslte areas owned or controllad by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all exlsting and Prot>osed airport facilities and structures (such as runways, taxlways, aprons, terminal buildings, hangars and roads). including all proposed extensions and reductions of extsting airport facilities; and (3) the location of all exlsting and proposed nonavlation areas and of all exlsting improvements thereon. Such airport layout plans and each amendment, revision. or modification thereof, shan be subject to the approval of the Secretary which approval shall be evidenced by the , signature of a duly authorized representative of the Secretaiy on the face of the airport layout plan. The sponsor win not make or permit any changes or Master Agreement (1/20/06) 21 ..;J,;- MASTER AGREEMENT TERMS ANO CONOITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS alterations in the airport or any of Its facilities which are not in confonnlty 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 detennines 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 confonnlty 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 CQst of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating In any activity conducted with or benefiting from funds received from this grant This assurance obligates the sponsor for the period during which Federal financial assistance is extended .to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or Interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periodS: (a) the period during which the property Is used for a purpose for which Federal financial assistance Is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earilest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit In the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property In the vicinity of residential buildings or property prevlousty purchased by the airport as part of noise compatibility program.. b. For land purchased under a grant for airport development purposes (other than noise compatibility), II 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 valu~ 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 relnvested in another eligible airport Improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposllln the Trust Fund if no eligible project exists. . c. Land shall be considered to be needed for airport purposes under this assurance If (1) It may be needed for aeronautical purposes Onciudlng Master Agreement (1/20/06) 22 ~. ft. . MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 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) or (b) will be subject to the retention or reservation of any interest or right therein necessery 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 TiUe IX of the Federal Properly and Administrative Services Act of 1949 or an equivalent quallficatlons-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrtctlons. 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 AlP projects, dated July 1,1999 and Included In this grant, and In accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Properly Acquisition. (1) It will be guided In acquiring real properly, to the greatest extent practicable under State law, by the land acquisition policies in SUbpart B of 49 CFR Part 24 and will payor reimburse property owners for necessary expenses as specified In Subpart B. (2) It will provide a relocation assistance program offering the services described In Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons In accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport. however, It has no obligation to fund special facllitles for Intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises, The reclplent shall not discriminate on the basis of race, color, national origin or sex In the award and performance of any DOT -assisted contract or in the administration of Its DBE program or the requirements of 49 CFR Part 26. The Reciplent shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination In the award and administration of DOT-assisted contracts. The reclplenfs DBE program, es required by 49 CFR Part 26, and es approved by DOT, is Incorporated by reference Master Agreement (1120/06) 23 ..i-.... MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS In this agreement. Implementation of this program is a legal obligation and fallura to cany out Its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to cany out Its approved program, the Department may Impose sanctions as provided for under Part 26 and may, In appropriate cases, refer the matter for enforcement under 16 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1966 (31 U.S.C. 3601). 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. been 39; Competitive accass. a. If the airport owner or operator of a medium or large hub alrpor,t (as define 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 the 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 request; 2. Provides an explanation as to why the request could not be accommodated; and 3. Provides a time frame withlnwhlch,lf any, the airport will be able to accommodate the requests. b. Such report shall due on either February 1 or August 1 of each year If the airport has unable to accommodate the request{s) in the six month period prior to the applicable date. due CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/2005 The followina applv to both AlP and PFC Pro~ NUMBER TITLE 7017460-1J and Obstruction Marking and Lighting Change 1 150/5000-13 150/5070-6A 150/5190-5 and Change1 Announcement of Availability- RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors Airport Master Plans Exclusive Rights and Minimum Standards for Qommercial Aeronautical Activities Notices to Airmen (NOTAMS) for Airport Operators Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications 150/5200-28B 150/5210-5B 150/5210-7C Master Agreement (1/20/06) 24 :f MASTER AGREEMENT TERMS ANO CONOITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 150/5210-13B 150/5210-14A 150/5210-15 150/5210-18 150/5210-19 150/5220-4B 150/5220-10C 150/5220-13B 15O/5220-16C 150/5220-17A and Change 1 150/5220-18 150/5220-19 150/5220-20 and Change 1 150/5220-21 B 150/5220-22 and Change 1 150/5300-13 and . Changes 1 through 8 15O/530~14 and Changes 1 and 2 15O/5320-5B 150/5320-60 and Changes 1 through 6 15O/5320-12C and Master Agreement (1120/06) Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System (DEVS) Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification.for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition Sensor Specification Guide Automated Weather Observing Systems for NonFederal Applications . Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control EqUipment and Materials Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments . Engineering Materials Arresting Systems (EMAS) for Aircraft Overruns Airport Design \, Design of Aircraft Deicing Facilities Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and 25 ..... .- MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Changes 1 through 6 150/5320-14 Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes 150/5320-15 and Change1 150/5325-4A and Change1 150/5335-5 and Change1 150/5340-19 Management of Airports Industrial Waste Runway Length Requirements for Airport Design Standardized Method of Reporting Pavement Strength PCN " Standards for Airport Markings Segmented Circle Airport Marker System Standards for Airport Sign Systems Taxiway Centerline Lighting System Specification for L821 Panels for Remote Control of Airport Lighting Circuit Selector Switch Specification for L824 Underground Electrical Cable for Airport Lighting Circuits SpeCification for Constant Current Regulators Regulator Monitors Specification for Airport and Heliport Beacon Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specification for L823 Plug and Receptacle. Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specifica~on L853, Runway and Taxiway Centerline Retroreflective. Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment 150/5340-1 J 150/5340-5B and Change1 150/5340-180 150/5345-3E 150/5345-5A 150/5345-7E 150/5345-10E 150/5345-12C 150/5345-13A 150/5345-26C 150/5345-270 150/5345-28F 150/5345-398 and. Change1 150/5345-420 150/5345-43E Master Agreement (1/20/06) 26 -'"" MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 150/5345-44G 150/5345-45A 150/5345-468 150/5345-47 A 150/5345-49A 150/5345-50 and Change1 150/5345-51 and Change1 150/5345-52 150/5345-538 ." 150/5345-54A and Change1 150/45-55 150/5360-9 150/5360-11 150/5360-12D 150/5360-13 and Change1 150/5370-2E 150/5370-108 150/5380-6A 150/5390-28 150/5390-3 150/5395-1 150/5200-30 150/5200-33 150/5300-15 Master Agreement (1/20/06) Specification for Taxiway and Runway Signs Lightweight Approach Light Structure Specification for Runway and Taxiway Light Fixtures Isolation Transformers for Airport Lighting Systems Specification L854. Radio Control Equipment Specification for Portable Runway Lights . Specification for Discharge-Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighting Equipment Certification Program Specification for L-1884 Power and Control Unit for Land and Hold Short Lighted Visual Aid to Indicate Temporary Runway Closure Planning and Design of Airport Terminal Facilities at NonHub Locations Energy Conservation for Airports 8uildings Airport Signing & Graphics Planning and Design Guidance for Airport Tenninal Facilities Operational Safety on Airports During Construction Standards for Specifying Construction of Airports Guidelines and Procedures for Maintenance of Airport Pavements Heliport DesiOn Vertiport Design Seaplanes 8ases Airport Winter Safety Operations Hazardous Wildlife Attractants On or Near Airports Use of Value Engineering for 27 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 150/520Q-30A CHG 1 & 2 Engineering Design of Airport Grant Project Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grants Construction Progress and Inspection Report-Airport Grant Program The followina apply to AlP Proiects only TITLE Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Civil Rights Requirement For The Airport Improvement Program Land Acquisition and Relocation Assistance for Airport Improvement Program Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities Airport Winter Safety and Operations 150/5370-11 1505370-12 150/5370-6 NUMBER 150/5100-14C 150/5100-15A 150/5100-17 and Changes 1through 4 150/5190-5 and Change1 150/5200-33A 150/5370-12 Hazardous Wildlife Attractants On or Near Airports Use of Value Engineering for Engineering Design of Airport Grant Projects Airfield Pavement Surface Evaluation and Rating (PASER) Manuals Energy Conservation for Airport Buildings Construction Progress and Inspection Re~ort-Airport Grant Program . Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects 150/5300-15 150/5320-17 150/5360-11 150/5370-6B 150/5370-11 A Master Agreement (1/20/06) 28 ..... ~t:. _ MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 150/5370-13 150/5380-7 150/5380-8 Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt Pavement Management System Handbook For Identification of Alkali-silica Reactivity in Airfield Pavements ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in this Master Agreement as part of all Grant Agreements between the Sponsor and the Federal Aviation Administration as provlcled,by Tille 49 U.S.C. which are executed subsequent to the date of acceptance of tI'tls Master Agreement. Date: May , 2006 NamelTltle: Scott A. -Russell, Supervisor Signature: Sponsor: Town of Southold Airport: Elizabeth Field, Fishers Island, NY f. Master Agreement (1/20/06) 29