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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 25. Oklahoma Aeronautics Commission |
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Chapter 15. OAC Grant Program |
SECTION 25:15-1-4. Programming Implementation Airport Grant Program Requirements and Procedures
Latest version.
- (a) Contingency. Implementation of an airport grant program is contingent upon funding being available to the Commission for this purpose.(b) Notification to Proceed.(1) As funding becomes available, the Commission staff shall send a notification letter to each airport sponsor that has a capital project included in the approved Airport Construction Program as described in 25:15-1-3.(2) The notification letter shall:(A) Advise the airport sponsor of the proposed cost sharing for the project and identify project development items eligible for funding.(B) Authorize or direct the airport sponsor to:(i) confirm in writing within 30 days the airport sponsor's intention to proceed with the project as programmed;(ii) select an engineering consultant and provide a copy of the contract entered into with the consultant;(iii) prepare project plans and specifications and to coordinate the project design with the Commission staff;(iv) prepare to meet the federal and state administrative requirements depending upon the proposed funding sources;(v) provide updated project costs after the final design is completed;(vi) proceed to bid when directed by the Commission staff; and(vii) submit a grant application for the Commission's consideration and approval.(c) Grant Application; General Information.(1) The airport sponsor shall submit a complete grant application for a capital project for:(A) Reimbursement of the cost of planning and engineering; and/or(B) Reimbursement for the cost of construction based on the bids received by the airport sponsor.(2) The airport sponsor's administrative official must sign the grant application form(s). If the administration and/or operation of the airport is performed by a Trust, the Chairman of the Trust must also sign the grant application.(3) The Commission shall consider all grant applications in accordance with 25:15-1-3(c).(4) Reimbursement for the cost of engineering is contingent upon submission of the final set of plans and specifications to the Commission staff.(d) Grant Application; Funding Information.(1) Each airport sponsor must state in its application that it has on hand funds to pay all estimated costs of the proposed project that are not borne by the Commission or any other state or federal agency. As part of this requirement, each airport sponsor is required to provide written verification in the grant application (designated as Exhibit E) to the Commission that the airports sponsor's share of the project has been deposited in an account that will be used for defraying the costs of the project.(2) If any of the funds for the project are to be furnished by another state or federal agency, the airport sponsor must provide evidence that the funds are available with the grant application.(e) Information Regarding State Level of Participation and Required Matches.(1) For state grants, the maximum level of participation for the Commission shall not exceed 95 percent.(2) For FAA grants for projects identified in the Commission's Airport Construction Program, the Commission may provide half of the match that is required from the airport sponsor.(3) For FAA grants for projects identified in the Commission's Airport Construction Program, the Commission may provide supplemental state grant funding for project items. The maximum level of participation for the Commission in such supplemental funding shall not exceed 95 percent.(4) For non-primary entitlement (NPE) grants or special earmarks, the Commission will not provide half the match that is required from the airport sponsor. If NPE grant funds are transferred from other airport sponsors to an airport sponsor for a project identified in the Commission's Airport Construction Program, the Commission may assist with half of any required match from the receiving airport sponsor so long as it will save the Commission state funds.(5) For terminal building projects, the Commission's maximum cost-share level shall be 50 percent and shall not exceed $500,000.(f) Grant Application; Project Information.(1) The airport sponsor will provide the following information:(A) The airport sponsor shall submit an Airport Layout Drawing or project sketch (designated as Exhibit A) indicating the location of the proposed construction work with all grant applications.(B) The airport sponsor shall submit final project plans and specifications with the grant application (designated as Exhibit B).(C) The airport sponsor shall submit a project narrative with the grant application describing the items of airport development for which the airport sponsor is requesting assistance (designated as Exhibit B-1).(D) The airport sponsor shall submit a line-item project cost list with the grant application that provides a detailed cost breakdown of the project (designated as Exhibit B-2). This list will be based on the bid awarded by the airport sponsor. The amounts on this list are considered not to be exceeded amounts without prior approval. Any expenditure over these line-item amounts will not be considered for reimbursement unless approval has been received as described in 25:15-1-4(g).(E) The airport sponsor shall submit the engineering contract for the project scope and the project engineering fees with the grant application (designated as Exhibit B-3).(F) The Sponsor will submit a certification stating compliance with FAA standards unless an approved Modification to Standards for state standards has been received from the appropriate funding agency.(G) The airport sponsor shall submit the contract for on-site construction observations (designated Exhibit B-4).(H) The airport sponsor shall provide a signed statement in the grant application that the airport sponsor is not currently in default to any state agency for any obligation related to the development, operation or maintenance of the airport (designated as Exhibit C).(I) The airport sponsor shall provide a signed statement with the grant application that the airport sponsor will not award any contract to any contractor who is currently suspended or disbarred by any federal agency, the Oklahoma Department of Central Services or the Oklahoma Department of Transportation for the project contemplated under the grant application (designated as Exhibit C-1).(J) The airport sponsor shall provide an affidavit with the grant application that states the person signing is the administrative official for the sponsor, that the sponsor has not provided any compensation, donation or gift to an officer or employee of the state in procuring the grant, that any employee of the state compensated by the airport sponsor involved in the development of the grant will not provide any services in the project, and that this project will not result in any duplication of previous grant requests or awards (designated as Exhibit C-2).(g) Change Orders. As described in 25:15-1-4(f) the B-2 form lists line-item project costs that cannot be exceeded. During the course of the construction of a project, change orders and/or supplemental agreements may be necessary to increase or decrease bid or line-item amounts and quantities due to unknown or unforeseen circumstances. A change order and/or supplemental agreement shall be sent to the Commission along with a request to amend the approved grant's B-2 line-item or bid item.(1) For change orders and/or supplemental agreements that will not increase the Commission's overall share for the project the Director may approve such an amendment to the grant application. Change orders and/or supplemental agreements approved by the Director shall be presented to the Commission at its next regular or special business meeting stating the reasons for the change order and/or supplemental agreement with such information as the Commission may require.(2) For change orders and/or supplemental agreements involving a total increase to the Commission's overall share for the project not to exceed Ten Thousand Dollars ($10,000) the Director may approve such an amendment to the grant application. Change orders and/or supplemental agreements approved by the Director shall be presented to the Commission at its next regular or special business meeting stating the reasons for the change order and/or supplemental agreement with such information as the Commission may require.(3) For change orders and/or supplemental agreements involving a total increase to the Commission's overall share for the project in excess of Ten Thousand Dollars ($10,000) the Commission may approve such an amendment to the grant application.(h) Grant Application; Height Hazard Zoning and Land Use. Each airport sponsor shall indicate within the application that it has taken action 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 take-off of aircraft, and assuring the protection or control of the aerial approaches to the airport (designated as Exhibit D). The adoption and enacting of these zoning regulations is outlined in Title 3, Section 103 through 116, of the Oklahoma State Statutes.(i) Grant Application; Assurances. The airport sponsor, upon signing the grant application, agrees to the following assurances:(1) Upon the approval of the grant by the Commission, the capital project will be completed within a maximum of two years.(2) The airport sponsor agrees to the following conditions regarding the users of the airport:(A) Neither the airport sponsor nor the occupant of any of the airport facilities shall discriminate against any person or a class of persons in the use of any facility provided to the public on airport property.(B) The airport sponsor shall operate the airport in such a manner that the airport is open to all types and classes of users and establish such non-discriminatory conditions required for the safe and efficient operation of the airport.(C) Any agreement, contract, lease or other arrangement that the airport sponsor enters into shall include provisions that such services meet the demands of all users of the airport, that services shall be provided on a non-discriminatory basis, that charges for goods and services shall be fair and reasonable, that services allow any user of the airport to perform any and all services to their own aircraft, and that essential facilities will be operated in a manner that these facilities shall be available to all users of the airport. In addition, if the airport sponsor provides any or all of these services, the airport sponsor agrees to the same provisions.(3) The airport sponsor certifies that it has the legal authority to carry out all provisions of the grant application in conformity with State and Federal Statutes, Acts, and Regulations.(4) The airport sponsor shall reserve sufficient powers and authority when entering into any transaction or arrangement to perform any of the covenants expressed in the grant application.(5) The airport sponsor shall provide the following minimum essential facilities: a landing area and an aircraft parking area.(6) The airport sponsor shall agree to properly maintain the airport under the following conditions:(A) The airport sponsor will operate and maintain the airport and all facilities to meet the needs of all users of the airport.(B) The airport sponsor shall not permit the airport to be used for an activity that would impede or obstruct aeronautical activity.(C) The airport sponsor shall appropriate the funds required to properly maintain the airport to prevent deterioration of the facilities. Failure to have a documented pavement maintenance program shall be cause for the Commission to disqualify the airport sponsor for additional funds. In addition, failure to have a documented pavement maintenance program shall be considered a breach of these assurances.(7) The airport sponsor shall maintain an updated Airport Layout Plan that has been prepared in accordance with the FAA's regulations and shall not make any alterations to the airport other than those outlined in the approved Airport Layout Plan, or approved by the FAA or the Commission in writing.(8) The Commission shall prepare a financial report of income and expenditures of all project funds. All project records shall be maintained by the airport sponsor for not less than three (3) years from the final acceptance of the project by the Commission, and the airport sponsor shall provide access to these records upon request of the Commission or the FAA. This provision shall in no way affect any requirement imposed upon the airport sponsor by the Oklahoma Open Records Act or any other state or federal law. These records shall include such documentary evidence as invoices, cost estimates, payrolls, vouchers, cancelled checks or warrants, and receipts for cash payments that support each item of project costs. The final 10% of state grant funds will not be released until a satisfactory financial report has been completed and accepted by the Commission staff.(9) The Commission shall not pay or be obligated to pay for any work on the project that has been incurred prior to the grant application being submitted to and awarded by the Commission except for planning and/or engineering costs incurred pursuant to submitting a completed grant application. In addition, any funds approved by the Commission shall only be used for project costs identified in the grant application unless approval has been obtained as described in 25:15-1-4(g).(j) Grant Agreement; Terms and Conditions. Upon the approval of Commission, the completed grant application shall constitute an agreement between the Commission and the airport sponsor. Both the Commission and the airport sponsor are bound to all the requirements of the grant agreement. In addition, all grants of the Commission shall be subject to the following terms and conditions:(1) The time period of the grant agreement between the airport sponsor and the Commission shall be twenty (20) years from the date of the airport sponsor's acceptance and/or the life of the improvements contemplated under the grant application.(2) The airport and all visual navigational aids shall be under the control of and maintained by the airport sponsor for the period covered by the grant agreement.(3) For the purposes of the grant agreement, the airport sponsor must have title free and clear of any reversionary interest, lien, easement, lease, or other encumbrance for all property to be constructed on during the grant agreement. If the property is leased, the airport sponsor asserts that the lease will be maintained no less than the time period of the grant agreement, and in both circumstances, asserts that the property will not be used for any purpose other than the operation of the airport. In addition, airport property as defined in the airport layout plan cannot be transferred by the airport sponsor without the written approval of the Commission.(4) The airport and all visual navigational aids shall be made available to all classes of aeronautical users without discrimination by airport sponsor with adequate access at all times.(5) The airport sponsor will not grant or permit, either directly or indirectly, any exclusive right to any person, firm or corporation for any aeronautical activities, and will terminate any existing exclusive rights now existing before accepting a grant from the Commission.(6) The airport sponsor shall complete the project in accordance with FAA's standard specifications unless prior written modification to standards has been approved by the FAA (for federally funded projects) or the Commission (for state only projects). The airport sponsor shall provide the following reports to the Commission:(A) A weekly progress report using the appropriate FAA form;(B) A copy of all acceptance tests shall be provided by the acceptance testing laboratory as soon as they are available; and(C) An acceptance test summary report shall be provided to the Commission upon completion of the project.(7) The airport sponsor, upon request, shall provide annual statements of airport revenues and expenses.(8) The airport sponsor shall comply with the Municipal Airports Act, Title 3, Section 65, and the provisions thereafter, of the Oklahoma State Statutes, specifically Section 65.12, that requires that revenues from airport operations be deposited in a separate fund and used exclusively for the airport.(9) All airport development using grant funds shall be consistent with the Airport Layout Plan approved by the FAA. A copy of the approved Airport Layout Plan, with any modifications, will be filed with the Commission.(10) The airport sponsor shall comply with all applicable provisions of Title 61 of the Oklahoma State Statutes which governs competitive bidding for public construction contracts.(11) The airport sponsor shall provide a tabulation of all bids signed by the Engineer-of-record for the project with the grant application.(12) The airport sponsor shall operate lighting for the airport when such lighting is included in the project.(13) The Commission and/or the state are not parties to any contract entered into by the airport sponsor to accomplish the project.(14) The airport sponsor shall understand and agree that should the airport sponsor fail to abide by all of the terms and conditions of the grant agreement, then the funds provided by the Commission shall be withdrawn. In addition, the airport sponsor shall notify the Commission of any delays or problems with the project and request an extension or deviation from the Commission.(k) Grant Agreement; Payments.(1) The airport sponsor shall request reimbursement for project costs from the Commission on a monthly basis upon initiation of the project. The Commission shall reimburse the sponsor only for bid items at the bid unit price. The Commission will only process the request for reimbursement when accompanied by the following documentation:(A) For federal participation grants, a copy of a FAA Invoice Summary Worksheet and a Cost Distribution Worksheet based upon the line items in the executed grant.(B) For non-federal participation grants, an Invoice Summary Worksheet based upon line items in the executed grant.(C) Copies of all vendor invoices.(D) A construction quantities report from the primary contractor signed by the Engineer-of-record.(E) All test invoices.(2) The Commission shall process the monthly requests for reimbursement until 90% of the grant awarded by the Commission is expended or 90% of the Commission's total project cost is expended in the event the project comes in under budget. The final 10% will be released upon the completion of the following items:(A) The summary of acceptance testing report and if required by the specifications, the calculated lot-wise percentage within limits (PWL) of the project. The report shall document the results of all acceptance tests performed, the construction lot, location of the material tested and the quantity represented.(B) A report submitted by the Resident Inspector or Engineer-of-Record detailing those acceptance tests that were out-of-tolerance and include the pay reductions applied and reasons for accepting any out-of-tolerance material.(C) All final acceptance and close-out forms for the project have been submitted to the Commission.(D) For federal participation grants, a copy of the final signed FAA form SF 271 Outlay Report.(E) A satisfactory financial report has been completed by the Commission.(l) Endorsement by the Commission:(1) Upon receipt of the fully executed and complete grant application, the Commission staff shall verify compliance with the terms of the notification letter.(2) If the grant application is found to be in compliance with the terms of the notification letter, the Commission staff shall forward the grant application to the Commission for action.(3) If the Commission approves the grant application, the Commission staff shall communicate that approval to the airport sponsor with authorization to proceed.(4) If the Commission staff finds that the grant application is not in compliance with the terms of the notification letter, the Commission staff shall notify the airport sponsor of the non-compliance and suggest possible remedies.(5) Upon receipt of the Commission staff's finding of non-compliance, the airport sponsor may:(A) Modify the grant application to bring it into compliance with the terms of the notification letter; or(B) State the reason that the airport sponsor believes it is in compliance and request that the grant application be forwarded to the Commission for action; or(C) Agree that it is not in compliance and request that the grant application be forwarded to the Commission as is.(D) Request the grant application not be forwarded to the Commission.(6) The Commission staff shall notify the airport sponsor of the Commission's action.