HomeMy WebLinkAboutElizabeth Field/Fishers Island Airport Layout PlanRESOLUTION 2012-691
ADOPTED
DOC ID: 8115
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-691 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 11, 2012:
RESOLVED that the Town Board of the Town of Southold hereby and authorizes and directs
Supervisor Scott A. Russell to execute the Grant Application for Federal Assistance SF-424
and any other documents necessary for said Grant between the Town of Southold and the
Federal Aviation Admini.~trafion in connection with the preparation of an Environmental
Assessment for a 5-year Capital Improvement Pro.iect for the Elizabeth Field/Fishers
Island Airport Layout Plan subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
P.O. t~ox tt
['lStt[tls ISl.^ND. N[W Yon 06390
www.fi[err~l.¢om
Tchpl,o.., 631.788.7463
631.788.5523
September 6, 2012
Mr. Scott Russell
Town Supervisor
S309S Main Rd
P.O. Box 1179
Southold, NY 11971
Re:
Dear Mr. Russell:
Fishers Island Ferry District
FAA Application for federal Assistance {SF-424)
At the September 6th, 2012 meeting of the Board of Commissioners of the Fishers Island
Ferry District ("Ferry District") it was resolved to approve the Environmental Assessment of the
five year Capital Improvement Program that was adopted by the FAA as a condition to future FAA
funding of Elizabeth Airport. District airport consultants, C&S Engineering, have recommended to
the District that we apply to the FAA for the funds to complete the Environmental Study. It was
also resolved that the Ferry District recommend that the Town of Southold, NY execute the FAA
Application for Federal Assistance {SF-424) for the purpose of funding the Environmental
Assessment portion of the five year Capital Improvement Program.
1 have attached several application packets that need to be executed and would appreciate your
timely processing. The first is the FAA copy which should be FedEx'd {airway bill included) to Mr.
los~ Moreno at the FAA and the second packet needs to be sent back to me {airway bill included) to
be posted to C&S Engineering. A third packet is for the Town of Southold.
Thank you in advance for your co-operation and please do not hesitate to contact me with any
questions.
Regards,
Assistant Manager
Encl.
TOS,;il OF S('UTH0t. D
~r~X~USAirbill ,,.~ 8750 7143 0603
Yourl~lBilli~ ~d~ ~ hd~Pak* ~ Fed~ ~ hd~ ~
~k~ ~ mcipiem ~ mi~Pa~ ~ ~d~mrd ~ Ca.Check
'~CEX, USAirbill ~"" 8750 7143 0636
Express
6 Special Handling and Oeliverf Signature Options
SA1URDAY Delk~ry
Indirect Si nacre
OMB Number: 4040-0004
Expiration Date: 03/31/2012
Application for Federal Assistance SF-424
'1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s):
[] Preapplication [] New
[] Application [] Continuation *Other (Specify)
[] Changed/Corrected Application [] Revision
· 3. Date Received: 4. Applicant Identifier:
OB8
5a. Federal Entity Identifier: *5b. Federal Award Identifier:
3-36-0099
State Use Only:
6. Date Received by State: I
7,
State
Application
Identifier:
79O7,
8. APPLICANT INFORMATION:
· a, Legal Name: Town of Southold
· b. Employer/Taxpayer Identification Number (EIN/TIN): *c, Organizational DUNS:
11-6003307 197736387
d. Address:
· Street 1: Town Hall
Street 2: 53095 Main Road; PO Box 1179
· City: Southotd
County: Suffolk
· State: New York
Province:
· Country: United States
· Zip / Postal Code 11971
e. Organizational Unit:
Department Name: Division Name:
Fishers Island Ferry Distdct
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Mr. *First Name: Gordon
Middle Name:
· Last Name: Murphy
Suffix:
Title: Interm Port Manager
Organizational Affiliation:
· Telephone Number: (631) 788-7463 Fax Number: (631) 788-5523
· Email: gmurphy@~t~[~*C(r~¢,
OMB Number 4040-0004
Expiration Date 03/31/2012
App 'cation for Federal Assistance SF-424
*9. Type of Applicant 1: Select Applicant Type:
D. Special District Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
*Other (Specify)
'10. Name of Federal Agency:
Federal Aviation Administration
11. Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title:
Airport Improvement Proqram
12. Funding Opportunity Number:
Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
Fishers Island
'15. Descriptive Title of Applicant's Project:
Environmental Assessment for "5" Year CIP Projects
Attach supporting documents as specified in agency instructions.
OMB Number: 4040-0004
Expiration Date: 03/31/2012
Application for Federal Assistance SF-424
16~ Congressional Districts Of:
*a. Applicant: NY 2 *b. Program/Project: NY 2
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a. Start Date: *b. End Date:
18. Estimated Funding ($):
*a. Federal
*b. Applicant
*c. State
*d. Local
*e. Other
*f, Program Income
*9- TOTAL
'19. Is Application Subject to Review By State Under Executive Order '12372 Process?
[] a. This application was made available to the State under the Executive Order 12372 Process for review on 2/22/2012.
[] b. Program is subject to E.O. 12372 but has not been selected by the State for review.
[] c. Program is not covered by E. O. 12372
*20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.)
[] Yes [] No
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply
with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject
me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001)
[] ** I AGREE
** The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or
agency specific instructions.
Authorized Representative:
Prefix: Mr. *First Name: Scott
Middle Name: A.
*Last Name: Russell
Suffix:
*Title: Town Supervisor
*Teleph°ne Number: /~ ~' '~ ..... ~'~ //)~ I
,: , - .~-' J ~, .~ [ ~ ~' 7 Fax Number: (631) 765~
; *Signature of Authorized Representative: ~. ~/~--~_,~ I *Date Signed:
OMB Number: 4040-0004
Expiration Date: 03/31/2012
Application for Federal Assistance SF-424
*Applicant Federal Debt Delinquency Explanation
The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt.
N/A
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 60-RO184
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No .............. 20-106
2. Functional or Other Breakout
SECTION B - CALCULATION OF FEDERAL GRANT
Fisher's Island - Elizabeth Field Use only for revisions
Environmental Assessment for "5" Year CIP Projects Total
Latest Approved Adjustment Amount
FAAAIP 3-36-0029- Amount + or (-) Required
Cost Classification
1. Administration expense $3,000
2. Preliminary expense $0
3. Land, structures, right-of-way
4. Architectural engineering basic fees $0
5. Other architectural engineering fees $150,000
6 Project inspection fees $0
7. Land development
8 Relocation Expenses $0
9. Relocation payments to Individuals and Businesses
10. Demolition and removal $0
11, Construction & project improvement $0
12. Equipment $0
13. Miscellaneous IFE $3,000
14. Total (Lines 1 through 13) $156,000
15. Estimated Income (if applicable) $0
16 Net Project Amount (Line 14 minus 15) $156,000
17. Less: Ineligible Exclusions $0
18. Add: Contingencies $0
19. Total Project Amt. (Excluding Rehabilitation Grants) $156,000
20. Federal Share requested of Line 19 90.00% $140,400
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21) $140,400
23 Grantee share 5.00% $7,800
24. Other shares 5.00% $7,800
25. Total project (Lines 22123 & 24) $156,000
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES I THRU 7 Page 4
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION O M 13 N O. 80-R O 184
SECTION C - EXCLUSIONS
Classification Ineligible for Excluded from
Participation Contingency Provision
26 (1) (2)
b.
d.
e
f.
g Totals I
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27 Grantee Share
a. Securities
b. Mortgages
c. Appropriation (By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share 5.00% $7,800
28. Other Shares
a. State 5.00% $7,800
b. Other
c. Total Other Shares
29. TOTAL $15,600
SECTION E - REMARKS
PART IV PROGRAM NARRATIVE (Attach-See Instructions)
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page
FAA AC 75~232
PART IV: PROGRAM STATEMENT
PROJECT NARRATIVE
July 2, 2012
Elizabeth Field Airport
Environmental Assessment for "5" Year CIP Projects
Description:
The scope of this project will provide the required professional services to
prepare a concise Environmental Assessment (EA) for the projects included
on the recently approved Elizabeth Field / Fishers Island Airport Layout Plan
for the first five years of development. The EA will be prepared in
accordance with FAA order 5050.4B, The airport Environmental Handbook;
FAA order 1050.1 E, Environmental Impacts, Policies and Procedures; the
State Environmental Quality Review (SEQR) Act (6 NYCRR Part 617); and
local roles and regulations.
Justification:
According to FAA Order 1050.1 E; FAA's primary mission is to assure
aviation safety, security and efficiency. National Environmental Protection
Act (NEPA) compliance and other environmental responsibilities are integral
components of that mission. NEPA assures informed decision making.
NEPA provides a means for assuring that environmental concerns and
interests of the public, Federal, State or local agencies and Tribes are
appropriately considered as part of the decision making process. NEPA and
SEQR review and approval are required prior to undertaking any projects
listed on the Capital Improvement Plan. EA covering the first 5 years of
development is the most cost effective and efficient means of completing the
FAA & NYS requirements.
Consistency with ALP/FAA Standards
These projects are consistent with the recommendations included in the current approved
Master Plan and Airport Layout Plan.
Consultation with Users
Primary users of the airport have been consulted and are aware of the proposed development
project.
Displaced Persons Statement
The airport projects proposed in this aid application do not involve the displacement or
relocation of persons residing on land needed for such development.
Specific Opposition Statement
Fisher's Island Ferry District is not aware of any significant community opposition to the
proposed projects.
February 22, 2012
Michael E. VVhite, Executive Director
Long Island Regional Planning Council
Suffolk County Planning Dept., P.O. Box 6100
Hauppauge, New York 11788-0099
Rez
Fisher's Island - Elizabeth Field
FY-2012
Federal Catalog No. 20-106
File: 211
Enclosed please find the following:
One copy of Standard Form 424, a project description and justification, a CIP, and ALP for
your review and clearance, for the following proposed project:
· Environmental Assessment for"5" Year ClP Projects
Remarks
If you have any questions or need additional information, please do not hesitate to contact us.
Very truly yours,
C&S ENGINEERS, INC.
Tracey L. Marks
Assistant Grants Administrator
TLM
Enclosures
cc: Mr. Gordon Murphy
· mari(s trace)/
From:
Sent:
To:
Subject:
Attachments:
marks tracey
Tuesday, June 05, 2012 10:14 AM
'pla nning@suffotkcounty ny.gov'
State Executive Order 12372 Process
SAMPSON.TRM.doc
Good Morning,
Attached is a letter that was sent to the Suffolk County Planning Department in February. Since we haven't heard
anything, we thought that we better check to see if Fisher's Island - Elizabeth Field Airport, is subject to the Executive
Order :[2372 Process for review of projects. Maybe they are not part of this program?
Please advise
Thank you very much for your time.
Have a nice day.
Tracey
Tracey L. Marks
Assistant Grants Administrator
C&S Companies
(315) 454-2000
(315) 703-4317 (direct)
www.cscos.com
· marius trace)/
To:
Subject:
walters kelli
FW: Fisher's Island - County of Suffolk - Federal Catalog No. 20-106
Interesting ....
From: Forman, Seth [mailto:Seth. Forman@suffolkcountyny.gov]
Sent: Wednesday, August 25, :2010:11:31 AH
To: White, Michael
Cc: marks tracey
Subject: Fisher's ]'sland - County of Suffolk - Federal Catalog No. :20-106
No Michael. They don't need anything from us. We used to do "A95" reviews, about 20 years ago, but the state closed the
"A95" "clearance" office. The process, for all intents and purposes, is defunct.
Seth
#
REVISIONS
ELIZABETH FIELD AIRPORT
AIRPORT PROPERTY UAP
~ c~s ss~m
U. $. Deparb~ent
of Transportation
Federal Aviation
Administration
GRAN T A GleFT=M EN T
ORIGINAL
Date of Offer 9/17/2012
Project Number 3-36-0029-19-12
RECIPIENT: TOWN of SOUTHOLD
AIRPORT: Elizabeth Field Airport, Fishers Island, NY.
(Herein called Sponsor)
OFFER
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay,
as the United States' sharo of 90 percent of the allowable costs incurred in accomplishing the project consisting of the following:
Conduct an Environmental Study for 5 Year ACIP Projects
See Attached Special Conditions
9-10-12
as more particularly described in the Project Application dated
The maximum obligation of the United States payable under this Offer shall be
$140,400
For the purpose of any future grant amendments which may increase the foregoing maximum obligation of the United States under provisions of
Section 47108(b) of Title 49 U.S.C., the fo[lowing amounts are being spedt~ed for this purpose:
for airport development,
for land, and
$14o,4oo for planning.
This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title
49 U.S.C. Acceptance and execution of this offorshall compdse a Grant Agreement, as provided by Title 49 U.S.C., constituting the
contractual obligations and dghts of the United States and the Sponsor.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Manager ' A~ports Distri~ Office
SPECIAL CONDITIONS
1. New Assurances
It is understood and agreed that the assurances listed in Part IV of the Master Agreement on
Terms and Conditions of Accepting Airport Improvement Program Grants, dated 1/20/2006 and
accepted by the Sponsor May 26, 2006 ,are replaced by the assurances dated April 2012,
attached to this Grant Offer.
2. Updated Advisory Circular Checklist
It is further understood and agreed that the attached list of Advisory Circulars Required for Use in
AlP Funded Projects is incorporated into this Grant Agreement. The Advisory Circulars in this list
replaces the list contained in the Grant Master Agreement, and will be followed dudng the
performance of this Grant Agreement.
3. Exhibit "A"
The Exhibit "A" set forth in Project Application dated July 18,2012, for AlP Project No. 3-
36-0029-19-12, is incorporated herein by reference and made a part hereof.
4. Administrative & Force Account Costs
It is understood and agreed by and between the parties hereto that after project completion, but
before project closeout, the Sponsor shall provide documentation to support all Grant
Administration, Independent Fee Estimate (IFE) and Force Account costs claimed.
5. Submission of Work Scope and Costs after the Grant Offer for Planning/Environmental
Projects
It is understood and agreed by and between the parties hereto that $150,000 represents a
budget figure and that the Sponsor shall accomplish the Master Planning/Environmental
Studies in accordance with Advisory Circular 150/5900-1B. The Sponsor shall furnish the
detailed information to satisfl/Paragraphs 24.b and 24.c of this Circular. The Sponsor
shall submit an Engineering/Force Account Agreement for the professional services
necessary to accomplish this project. The procurement of such services shall be
accomplished in accordance with 49 CFR Part 18.
6, Submission of an Independent Cost Estimate after the Grant Offer
It is understood and agreed by and between the parties hereto that the $150,000
represents a budget figure and that the Sponsor shall perform an Independent Fee
Estimate (IFE) in accordance with the requirements as specified in Advisory Cimular
150/5100-14D, "Architectural, Engineering and Plar:3ing Consultant Services for Airport
Grant Projects."
7. Central Contractor Registration and Universal Identifier Requirements
A. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must
maintain the currency of your information in the CCR until you submit the final financial report
required under this award or receive the final payment, whichever is later. This requires that you
review and update the information at least annually after the initial registration, and more
frequently if required by changes in your information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If you are authorized to make sub awards under this award, you:
Must notify potential sub recipients that no entity (see definition in paragraph C of this
award term) may receive a sub award from you unless the entity has provided its DUNS
number to you.
b. May not make a sub award to an entity unless the entity has provided its DUNS number to
you.
C. Definitions
For purposes of this award term:
Central Contractor Registration (CCR means the Federal reposito~ into which an entity
must provide information required for the conduct of business as a recipient. Additional
information about registration procedures may be found at the CCR Internet site (currently
at http://www, ccr. qov).
b. Data Universal Numbering System
(DUNS) number means the nine-digit number established and assigned by Dun and
Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be
obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at
h ttp :/'fed,qo v. dn b. com/webform ).
c. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part
25, subpart C:
i. A Governmental organization, which is a State, local government, or Indian Tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization; and
A Federal agency, but only as a sub-recipient under an award or sub-award to a
non-Federal entity.
d. Sub-award:
This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award
and that you as the recipient award to an eligible sub-recipient.
The term does not include your procurement of property and services needed to
carry out the project or program (for further explanation, see Sec. 210 of the
attachment to OMB Circular A-133, "Audits of States, Local Governments, and
Non-Profit Organizations").. A sub-award may be provided through any legal
agreement, including an agreement that you consider a contract.
e. Sub-recipient means an entity that:
i. Receives a sub-award from you under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the sub-award.
iii. A sub-award may be provided through any legal agreement, including an
agreement that you consider a contract.
8. Trafficking In Persons
A. Provisions applicable to a recipient that is a private entity.
a. You as the recipient, your employees, sub-recipients under this award, and sub-
recipient's employees may not--
Engage in severe forms of trafficking in persons during the period of time
that the award is in effect;
ii.
Procure a commercial sex act during the period of time that the award is in
effect; or
iii,
Use forced labor in the performance of the award or sub-awards under the
award.
b. We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a recipient that is a private entity--
Is determined to have violated a prohibition in paragraph a.1 of this award
term; or
ii.
Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.1 of this
award term through conduct that is either--
a) Associated with performance under this award; or
b)
Imputed to you or your sub-recipient using the standards and due
process for imputing the conduct of an individual to an organization that
are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on
Governmentwide debarment and Suspension (Nonprocurement)," as
implemented by our agency at 49 CFR Part 29.
B. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency
may unilaterally terminate this award, without penalty, if a sub-recipient that is a private entity--
a. Is determined to have violated an applicable prohibition in para'graph a.1 of this award
term; or
Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.1 of this award term
through conduct that is either--
i. Associated with the performance under this award; or
ii.
Imputed to the sub-recipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in
2 CFR Part180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our
agency at 49 CFR Part 29.
C. Provisions applicable to any recipient.
a. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C 7104(g), and
Is in addition to all other remedies for noncompliance that are available to
us under this award.
c. You must include the requirements of paragraph a.1 of this award term in any sub-
award you make to a private entity.
D. Definitions. For purposes of this award term:
a. "Employee" means either:
An individual employed by you or a sub-recipient who is engaged in the
performance of the project or program under this award; or
Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited to,
a volunteer or individual whose serviced are contributed by a third pady as
an in-kind contribution toward cost sharing or matching requirements.
"Forced Labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt, bondage or slavery.
c. "Private Entity":
Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR 175.25.
Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in
the definition of Indian tribe at 2 CFR 175.25(b).
B. A for~profit organization.
d. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AlP FUNDED
AND PFC APPROVED PROJECTS
Updated: 112512012
View the most current versions of these ACs and any associated changes at:
http://www.faa.qov/airports airtraffic/airports/resources/advisory circulars
70/7460-1K Obstruction Marking and Lighting
50/5000-13A Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airports Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B Airport Master Plans
Change 1
150/5070-7 The Airport System Planning Process
50/5100-13B Development of State Standards for Non Primary Airports
50/5200-28D Notices to Airmen (NOTAMS) for Airport Operators
50/5200-30C Airport Winter Safety and Operations
50/5200-33B Hazardous Wildlife Attractants On or Near Airports
150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
150/5210-15A Airport Rescue & Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVS)
150/5220-10E Guide Specification for Aircraft Rescue and Firefighting Vehicles
150/5220~16D Automated Weather Observing Systems for Non-Federal Applications
150/5220-17B Aircraft Rescue and Firefighting (ARFF) Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20 Airport Snow and Ice Control Equipment
Change 1
150/5220-21B Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A Engineered Materials Arresting System (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements or
Changes
150/5300-13 Airport Design
Changes 1 - 18
150/5300-14B Design of Aircraft Deicing Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
150/5300-17C General Guidance and Specifications for Aeronautical Survey Airport Image~J
Acquisition and Submission to the National Geodetic Survey
150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5C Surface Drainage Design
Change 1
150/5320-6E Airport Pavement Design and Evaluation
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
Change 8 Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5325-4B Runway Length Requirements for Airport Design
150/5335-5B Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1K Standards for Airport Markings
150/5340-5C Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-30F Design and Installation Detai~s for Airport Visual Aids
150/5345-3G Specification for L821 Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
50/5345-10G Specification for Constant Current Regulators Regulator Monitors
50/5345-12F Specification for Airport and Heliport Beacon
50/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
50/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors
50/5345-27D Specification for Wind Cone Assemblies
50/5345-28G Precision Approach Path Indicator (PAPI) Systems
50/5345-39D FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F Specification for Obstruction Lighting Equipment
150/5345-44J Specification for Taxiway and Runway Signs
150/5345-45C Low-Impact Resistant (LIR) Structures
150/5345-46D Specification for Runway and Taxiway Light Fixtures
150/5345-47C Specifications for Series to Series Isolation Transformers for Airport Lighting
System
150/5345-49C Specification L854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flasher Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53C Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)
150/5360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations
150/5360-12E Airport Signing and Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
Change 1
150/5360-14 Access to Airports By Individuals With Disabilities
150/5370-2F Operational Safety on Airports During Construction
150/5370-10F Standards for Specifying Construction of Airports
150/5370-11 B Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-6B Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2B Heliport Design
150/5395-1 Seaplane Bases
THE FOLLOWING ADDITIONAL APPLY TO AlP PROJECTS ONLY
DATED: 112512012
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-15A Civil Rights Requirements for the Airport Improvement Program
150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1 - 6 Assisted Projects
150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-6D Construction Progress and Inspection Report - Airport Grant Program
Changes 1 - 4
150/5370-12A Quality Control of Construction for Airport Grant Projects
150/5370-13A Off peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7A Airport Pavement Management Program
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 1/25/2012
ASSURANCES
Airport Sponsors
A.
General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for airport
sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency with
control of a public-use airport; the term "private sponsor" means a private owner of a
public-use airport; and the term "sponsor" includes both public agency sponsors and
private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in
and become part of this grant agreement.
Duration and Applicability.
'!. Airport development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor. The terms, conditions and assurances of this grant agreement
shall remain in full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from the
date of acceptance of a grant offer of Federal funds for the project. However, there shall
be no limit on the duration of the assurances regarding Exclusive Rights and Airport
Revenue so long as the airport is used as c~,l 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 this 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 this grant agreement shall
remain in full force and effect during the life of the project.
l0
Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and u ,e of Federal funds for this project including but not limited
to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.~
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
Title 42 U.S.C. 4601, et seq.~ 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).~
g. Amheological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.~
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.~
I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Amhitectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.~
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.~
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.~
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 ~ 42 U.S.C. 4321, et seq.~
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 USC. 7501, et seq.2
x. Drug-Free, Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity~
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction~
Executive Order 12898 - Environmental Justice
Federal
b.
Regulations
14 CFR Part 13 - Investigative and Enforcement Procedures.
14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement
Proceedings.
14 CFR Part 150 - Airport noise compatibility planning.
29 CFR Part 1 - Procedures for predetermination of wage rates.~
29 CFR Part 3 - Contr actors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.~
29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non-construction contracts subject to the Contract Work Hours and
Safety Standards Act).~
]!
3o
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, ~Department of Labor (Federal and federally assisted
contracting requirements).
h. 49 CFR Part 18 - Uniform administrative req~uirements for grants and cooperative
agreements to state and local governments.~
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
k. 49 CFR Part 23 - Participation by r.,~sadvantage Business Enterprise in Airport
Concessions.
I. 49 CFR Part 24 - Uniform relocation assistance and real properbj acquisition for
Federal and federally assisted programs.~ 2
m. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and
activities receiving or benefiting from Federal financial assistance.~
o. 49 CFR Part 29 - Government wide debarment and suspension (non
procurement) and government wide requirements for drug-free workplace
(grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S. contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.~
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local
Governments.
b. A-133 - Audits of States, Local Govemments, and Non-Profit Organizations
~ 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 FPderal assistance. Any requirement levied
upon State and Local Governments by this regulation and circular shall also be
applicable to private sponsors receiving Federal assistance under Title 49,
United States Code.
Specific assurances required to be included in grant agreements by any of the above
laws, regulations or circulars are incorporated by reference in this grant agreement.
Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and to
finance and carry out the proposed project; that a resolution, motion or similar
action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may
be required.
b. Private Sponsor: It has legal authority to apply for this grant and to finance and
carry out the proposed project and comply with all terms, conditions, and
assurances of this grant agreement. It shall designate an official representative
and shall in writing direct and authorize that person to file this application,
including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as
may be required.
Sponsor Fund Availability. It has sufficie,,~ funds available for that portion of the project
costs which are not to be paid by the United States. It has sufficient funds available to
assure operation and maintenance of items funded under this grant agreement which it
will own or control.
Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carded 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.
Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the
rights and powers necessary to perform any or all of the terms, conditions, and
assurances in this gr~,,~t 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 properly shown on Exhibit A to this application or, for
a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in this grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
For all noise compatibility program projects which are to be carried out by another
unit of local government or are on property owned by a unit of local government
other than the sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement shall obligate that
government to the same terms, conditions, and assurances that would be
applicable to it if it applied directly to the FAA for a grant to undertake the noise
compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a pdvate sponsor, it will take steps satisfactory to the Secretary
to ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will be
operated and maintained in accordance Title 49, United States Code, the
regulations and the terms, conditions and assurances in this grant agreement and
shall insure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a property used
as a residence, or zoned for residential use, to taxi an aircraft between that
property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of
19.
11.
12.
13.
residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
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.
Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
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.
Public Hearings. In projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been
carried out by the community and it shall, when requested by the Secretary, submit a copy
of the transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project
is located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
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.
Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, for the replacement or reconstruction of pavement at the airport, it assures or
certifies that it has implemented an effective airport pavement maintenance-management
program and it assures that it will use such program for the useful life of any pavement
constructed, reconstructed or repaired with Federal financial assistance at the airport. It
will provide such reports on pavement condition and pavement management programs as
the Secretary determines may be useful.
Terminal Development Prerequisites. For projects which include terminal development
at a public use airport, as defined in Title 49, it has, on the date of submittal of the project
grant application, all the safety equipment required for certification of such airport under
section 44706 of Title 49, United States Code, and all the secudty equipment required by
rule or regulation, and has provided for access to the passenger enplaning and deplaning
area of such airport to passengers enplani,~g and deplaning from aircraft other than air
carrier aircraft.
Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this grant, the total cost of the
project in connection with which this grant is given or used, and the amount or
nature of that portion of the cost of the project supplied by other sources, and
such other financial records pertinent to the project. The accounts and records
shall be kept in accordance with an accounting system that will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit
and examination, any books, documents, papers, and records of the recipient that
]4
14.
15.
16.
17.
18.
are pertinent to this grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of
the accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project ,~ connection with which this grant was given or used, it
shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which
the audit was made.
Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on
any projects funded under this grant agreement which involve labor, provisions
establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which
contractors shall pay to skilled and unskilled labor, and such minimum rates shall be
stated in the invitation for bids and shall be included in proposals or bids for the work.
Veteran's Preference. It shall include in all contracts for work on any project funded
under this grant agreement which involve labor, such provisions as are necessary to
insure that, in the employment of labor (except in executive, administrative, and
supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf
veterans, Afghanistan-iraq war veterans, disabled veterans, and small business concerns
owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United
States Code. However, this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the
approved plans, specifications, and schedules shall also be subject to approval of the
Secretary, and incorporated into this grant agreement.
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 appreval 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.
Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. it will furnish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secret&,y unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
]5
19.
20,
21.
22.
h. It understands and agrees that the Secretary's approval of this project grant or
the Secretary's approval of any planning material developed as part of this grant
does not constitute or imply any assurance or commitment on the part of the
Secretary to approve any pending or future application for a Federal airport grant.
Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users
of the airport, other than facilities owned or controlled by the United States, shall
be operated at all times in a safe and serviceable condition and in accordance
with the minimum standards as may be required or prescribed by applicable
Federal, state and local agencies for maintenance and operation. It will not cause
or permit any activity or action thereon which would interfere with its use for
airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions.
Any proposal to temporarily close the airport for non-aeronautical purposes must
first be approved by the Secretary. In furtherance of this assurance, the sponsor
will have in effect arrangements for-
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of
the airport. Nothing contained herein shall be construed to require that
the airport be operated for aeronautical use during temporary periods
when snow, flood or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shall be construed as
requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed due to an
act of God or other condition or circumstance beyond the control of the
sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns
or controls upon which Federal funds have been expended.
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 altituues) 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 compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms
and without unjust discrimination to all types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the
public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or
to engage in any aeronautical activity for 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 reasonable, and not unjustly discriminatory,
basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable
23.
24.
and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed-based
operators making the same or similar uses of such airport and utilizing the same
or similar facilities.
d. Each air carrier using such airport shall have the dght to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve
any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant
of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such ail port and utilize similar facilities, subject to reasonable
classifications such as tenants or non tenants and signatory carriers and non
signatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification
or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred
to in this assurance, the services involved will be provided on the same conditions
as would apply to the furnishing of such services by commercial aeronautical
service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe
and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use
of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
Exclusive Rights, It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator
shall not be construed as an ~.xclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed-based operator and such airport. It further agrees that it will not,
either directly or indirectly, grant or permit any person, firm, or corporation, the
exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under
Title 49, United States Code.
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
]7
25.
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.
Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of passengers
or property; or for noise mitigation purposes on or off the airport. The following
exceptions apply to this paragraph:
1) If covenants or assurances in debt obligations issued before September
3, 1982, by the owner or operator of the airport, or provisions enacted
before September 3, 1982, in governing statutes controlling the owner or
operator's financing, provide for the use of the revenues from any of the
airport owner or operator's facilities, including the airport, to support not
only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all
revenues generated by the airport (and, in the case of a public airport,
local taxes on aviation fuel) shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a public
sponsor and provides funding for any portion of the public sponsor's
acquisition of land, this limitation on the use of all revenues generated by
the sale shall not apply to ,,ertain proceeds from the sale. This is
conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-
year period) of any airport improvement grant made to the private owner
for any purpose other than land acquisition on or after October 1, 1996,
plus an amount equal to the federal share of the current fair market value
of any land acquired with an airport improvement grant made to that
airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as defined
at Section 47102 of title 49 United States Code), if the FAA determines
the airport sponsor meets the requirements set forth in Sec. 813 of Public
Law 112-95.
26.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in paragraph
(a), and indicating whether funds paid or transferred to the owner or operator are
paid or transferred in a manner consistent with Title 49, United States Code and
any other applicable provision of law, including any regulation promulgated by the
Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the r'rovisions of Section 47107 of Title 49, United
States Code.
Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
27.
28.
29.
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms, conditions, and assurances
of this grant agreement including deeds, leases, agreements, regulations, and
other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
1) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of
government and the amount of compensation received for provision of
each such service and property.
Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft
at all times without charge, except, if the use by Government aircraft is substantial,
charge may be made for a reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used. Unless otherwise determined by the
Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of
an airport by Government aircraft will be considered to exist when operations of such
aircraft are in excess of those which, in the opinion of the Secretary, would unduly
interfere with use of the landing areas by other authorized aircraft, or during any calendar
month that -
a. Five (5) or more Government aircraft are regularly based at the airport or on land
adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircraft
multiplied by gross weights of such aircraft) is in excess of five million pounds.
Land for Federal Facilities. It will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather-reporting
and communication activities related to air traffic control, any areas of land or water, or
estate therein, or rights in buildings of the sponsor as the Secretary considers necessary
or desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1)
boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and nature of all
existing and proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal build' igs, hangars and roads), including all proposed extensions
and reductions of existing airport facilities; (3) the location of all existing and
proposed non-aviation areas and of all existing improvements thereon; and (4) all
proposed and existing access points used to taxi aimraff across the airport's
property boundary. Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized representative
of the Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities which are
not in conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the safety, utility or
efficiency of the airport.
]9
30.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or
operator will, if requested, by the Secretary (1) eliminate such adverse effect in a
manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and all
costs of restoring such property (or replacement thereof) to the level of safety,
utility, efficiency, and cost of operation existing before the unapproved change in
the airport or its facilities except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary's design standards
beyond the control of the airport sponsor.
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 odgin, 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.
Disposal of Land,
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when the land
is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such land will be, at the
discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following, in descending order, (1)
reinvestment in an approved noise compatibility project, (2) reinvestment in an
approved project that is eligible for grant funding under Section 47117(e) of title
49 United States Code, (3) reinvestment in an approved airport development
project that is eligible for grant funding under Sections 47114, 47115, or 47117 of
title 49 United States Code, (4) trar sferred to an eligible sponsor of another public
airport to be reinvested in an approved noise compatibility project at that airport,
and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If
land acquired under a grant for noise compatibility purposes is leased at fair
market value and consistent with noise buffering purposes, the lease will not be
considered a disposal of the land. Revenues derived from such a lease may be
used for an approved airport development project that would otherwise be eligible
for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than
noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which
is proportionate to the United States' share of the cost of acquisition of such land
will, (1) upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order: (1) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is eligible
for grant funding under Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4)
transferred to an eligible sponsor of another public airport to be reinvested in an
2O
32.
33.
34.
38.
38.
37.
approved noise compatibility project at that airport, and (5) paid to the Secretary
for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance
if (1) it may be needed for aeronautical purposes (including runway protection
zones) or serve as noise buffer land, and (2) the revenue from interim uses of
such land contributes to the financial self-sufficiency of the airport. Further, land
purchased with a grant received by an airport operator or owner before December
31, 1987, will be considered to be needed for airport purposes if the Secretary or
Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and
the land continues to be used for that purpose, such use having commenced no
later than December 15, 1989.
d. Disposition of such la,,d under (a) (b) or (c) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels associated with
operation of the airport.
Engineering and Design Services. It will award each contract, or sub-contract for
program management, construction management, planning studies, feasibility studies,
architectural services, preliminary engineering, design, engineering, surveying, mapping
or related services with respect to the project in the same manner as a contract for
architectural and engineering services is negotiated under Title IX of the Federal Property
and Administrative Services Act of 1949 or an equivalent qualifications-based requirement
prescribed for or by the sponsor of the airport.
Foreign Market Restrictions. It will not allow funds provided under this grant to be used
to fund any project which uses any product or service of a foreign country during the
period in which such foreign country is listed by the United States Trade Representative
as denying fair and equitable market opportunities for products and suppliers of the
United States in procurement and construction.
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 (the latest approved version as of this grant offer) and included in this grant, and in
accordance with applicable state policies, standards, and specifications approved by the
Secretary.
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 acquisition
policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for
necessary expenses as specified in Subpart B. (2) it will provide a relocation assistance
program offering the services described in Subpart C and fair and reasonable relocation
payments and assistance to displaced persons as required in Subpart D and E of 49 CFR
Part 24. (3) It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with Subpart E of
49 CFR Part 24.
Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport; however, it has no obligation to fund special facilities for intercity buses or for
other modes of transportation.
Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis
of race, color, national origin or sex in the award and performance of any DOT-assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part
26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non discrimination in the award and administration of DOT-assistad contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the recipient of its failure to carry out its approved
2]
38.
39.
program, the Department may impose sanctions as provided for under Part 26 and may,
in appropriate cases, refer the matter for erforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
Hangar Construction. If the airport owner or operator and a person who owns an aimraft
agree that a hangar is to be constructed at the airport for the aircraft at the aimraft
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.
Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
section 47102 of title 49, U.S.C.) has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service
at the airport, the airport owner or operator shall transmit a report to the Secretary
that-
1)
2)
Describes the requests;
Provides an explanation as to why the requests could not be
accommodated; and
3) Provides a time frame within which; if any, the airport will be able to
accommodate the requests.
Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month period
prior to the applicable due date.
22
ACCEPTANCE
The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in
the document "Master Agreement on Terms and Conditions of Accepting Airport improvement Program Grants' dated
5~'26/2006.
Executed this
TOWN of SOUTHOLD
Name of SponJ~'lt/
SignatUre of Sponsor s Designated Official Representative
\ .
Title [
I declare finder penalty of perjury that the foregoing is
true and correctJ
o.
I, /'~//~(.~."~/~ ~(~-~'~~,ac,ngasAttomeyfortheS~nsordohereby~ai~:
~at'in my opinion ~e ~ppnsor~'em~red ~enter into the foregoing Grant Agreement under the laws of the
Stateof ~/~ ~ ~ ~ . Fu~er, I have examined ~e foregoing Grant
Agr~men~ and ~e a~ons taken by said Sponsor rela~ng thereto, and find that ~e acmptanm thereof by
saidS~nsor and Sponsor's official representative has been duly authodz~ and ~at the execution ther~f is in all
rejects due and proper and in a~ordance ~th the laws of the ~id State and Title 49 U.S.C. in addition, for grants
involving projects to be carried out on prope~ not own~ by the S~nsor, there are no I~al im~diments that will
prevent ~11 perfo~ance by the Sponsor. Further, it is my opinion that the said Grant Agreement ~nst~utes a I~al
and binding obligation of~e S~nsor in a~ordance wi~ ~e te~s thereof.
Si Date
q Knowingly and willfully providing false information to the Federal Government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
23
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No ............. 20-106
3-36-0029-19-12
2. Functional or Other Breakout ......................
SECTION B- CALCULATION OF FEDERAL GRANT
Use only for revisions
L;ost L;la eSlrlCa I:1o n Amount
Latest Approve¢ Aojus~me n~ t~equlrea
Amount + or
Administrative expense $ $ $ $3,000.00
$o
2. Preliminary expense
3. Land, structures, right-of-way $o.o0
4. Architectural engineering basic fees $o.00
5. Other architectural engineering fees $15o,o0o.oo
6. Project inspection fees $o.o0
7. Land development $0
$o.00
8. Relocation expenses
9. Relocation payments to individuals and businesses $o
10. Demolition and removal $0.0o
11. Construction and projectimprovement $0.oo
$0.00
12. Equipment
13. Miscellaneous IFE $3,000,00
14. Total (Lines 1 through 13) $156,000.oo
15. Estimated Income (if applicable) $0
16. NetProjectAmount(Line 14 minus 15) $156,ooo.oo
$o
17. Less: Ineligible exclusions
18. Add: Contingencies
19. Total ProjectAmt. (Excluding rehabilitation grants) $156,ooo.00
20. Federal share requested on Line 19 I $14o,40o.oo
21. Add: Rehabilitation grants requested (t00 percent) $o
22. Total Federal grant requested 90% $14o,400.00
23. Gra nte esha re 5 % $7,800.00
24. Other shares 5% $7,800.00
25. Total Project (Lines 22, 23, and 24) $ $ $ $156,000.00
FAA Fo~n 5100-100
Page 24
DBPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATIOI'
SECTION C - EXCLUSIONS
Ineligible for Excluded from
Classification Participation Contingency Provision
26. (1} (2)
a.
b.
C.
d.
e.
f.
g. Totals $
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share $ $7,800.00
a. Securities 0
b. Mortgages 0
c. Appropriations (by applicant) 0
d. Bonds 0
e. Tax Levies 0
f. Non Cash 0
g. Other (Explain) 0
h. TOTAL - Grantee Sha re $7,800.00
28. Other Shares
a. State $7,800.00
b. Other 0
c. Total Other Shares $7,800.00
29. TOTAL $
SECTION E - REMARKS
._ FAA Form 5100-100 Page 25