HomeMy WebLinkAboutC2005-160 - 4/19/2005 - ApprovedU.S, Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I -- OFFER
TO:
FROM:
APR 0 8 2O05
Date of Offer
Cor~us_ C.h_.r_lsti Intem_a_Uonal
AJrport/~lanning Area
3-48-0051-37-2005
AlP Grant No
The City of Corpus Christi, Texas
(herein called the "Sponsor~)
The United States of America (acting through the Federal Aviation Administration,
herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Grant Application dated April 1,2005, for
a grant of Federal funds for a project(s) at or associated with the Corpus Christi International
Airport which Grant Application, as approved by the FAA, is hereby incorporated herein and
made a part hereof; and
WHEREAS, the FAA has approved a project(s) for the Airport (or Planning Area) (herein called
the "Project") consisting of the following:
REHABILITATE RUNWAY 13/31, PHASE II; RUNWAY 17/35 SHOULDERS AND BLAST
PADS; AIRPORT DRAINAGE IMPROVEMENTS, PHASE IV
all as more particularly described in the Grant Application.
FAA
Whereas, this project will not be completed during Fiscal Year 2005, and the total U.S. share of the
estimated cost of completion will be $7,788,088.00.
200~-160
o4/ 9/o. 1 1 21 05
Res026;~20 Page 1 of 8
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49,
United States Code, as amended, herein called "the Act", and in consideration of (a) the
Sponsor's adoption and ratification of the representations and assurances contained in said
Grant Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to
accrue to the United States and the public from the accomplishment of the Grant and
compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Grant, ninety-five (95) per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The maximum obligation of the United States payable under this Offer shall be
$5,088,088.00. For the purposes of any future grant amendments which may increase the
foregoing maximum obligation of the United States under the provisions of Section 47108(b) of
the Act, the following amounts are being specified for this purpose:
$5,088,088.00 for airport development.
2. The allowable costs of the project(s) shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States' share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project(s) without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the Secretary shall
prescribe, and agrees to comply with the assurances which were made part of the Grant
application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its
acceptance by the Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Grant unless this offer has been accepted by the Sponsor on or before August 25,
2005, or such subsequent date as may be prescribed in wdting by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds
spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any
other manner in any project upon which Federal funds have been expended. For the purposes
of this grant agreement, the term "Federal funds" means funds however used or dispersed by
the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It
shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share or
to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery
of such Federal share shall be approved in advance by the Secretary.
FAA Form 5100-37 (10-89) Page 2 of 8
ASW-600 (1/03)
8. The United States shall not be responsible or liable for damage to property or injury to
persons which may adse from, or be incident to, compliance with this grant agreement.
9. MAXIMUM OBLIGATION INCREASE FOR PRIMARY AIRPORTS: In accordance with Section
47108(b) of the Act, as amended, Ihe maximum obligation of the United States, as stated in
ConditJon No. 1 of this G~ant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 pement for development projects;
c. May be increased by not more than 15 percent for land projects.
10. INFORMAL LE']-I'ER AMENDMENT OF AlP GRANTS: It is mutually understood and
agreed that if, dudng the life of the Grant, the FAA determines that the maximum grant
obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or
five percent (5%), whichever is greater, the maximum obligation of the United States can be
unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there
is an overrun in the total actual eligible and allowable project costs, FAA may increase the
maximum grant obligation of the United States to cover the amount of the oven-un not to exceed
the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further
understood and agreed that if, during the life of the Grant, the FAA determines that a change in
the grant description is advantageous and in the best interests of the United States, the change
in grant description will be unilaterally amended by letter from lhe FAA. Upon issuance of lhe
aforementioned letter, either the grant obligation of the United States is adjusted to the amount
specified or the grant description is amended to the description specified.
11. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor
will not acquire or pen'nit any contractor or subcontractor Io acquire any steel or manufactured
products produced outside the United States to be used for any project for airport development
or noise compatibility for which funds are provided under this grant. The Sponsor will include in
every contract a provision implementing this special condition.
12. AIR AND WATER QUALITY.' Approval of the project(s) included in this agreement is
conditioned on the Sponsor's compliance with applicable air and water quality standards in
accomplishing project construction. Failure to comply with this requirement may result in
suspension, cancellation, or termination of Federal assistance under this agreement.
13. FOR SPONSORS USING LETDER OF CREDIT: The Sponsor agrees to request cash
drawdowns on the letter of credit only when actually needed for its disbursements and to timely
reporting of such disbursements as required. It is understood that failure to adhere to this
provision may cause the letter of credit to be revoked.
14. GRANTS ISSUED ON ESTIMATES: It is understood and agreed by and bebNeen the
parties hereto that this Grant Offer is made and accepted based on estimates for projects; and
the parties hereby covenant and agree that within 270 days from the date of acceptance of this
Grant Offer, the Sponsor shall receive bids for all projects contained within the grant description.
15. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or
reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement
maintenance management program as is required by the Airport Sponsor Assurance Number
C-11. The Sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the
program must conform with the provisions outlined below:
Pavement Maintenance Manaclement Proqram
FAA Form 5100-37 (10-89) Page 3 of 8
ASW-600 (1/03)
An effective pavement maintenance management program is one that details the procedures to
be followed to ensure that proper pavement maintenance, both preventive and repair, is
performed. An airport sponsor may use any form of inspection program it deems appropriate.
The program must, as a minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
(1) Location of all runways, taxiways, and aprons;
(2) Dimensions;
(3) Type of pavement, and;
(4) Year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program assurances, pavements that have
been constructed, reconstructed, or repaired with federal financial assistance shall be so
depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a
year. If a history of recorded pavement deterioration is available, i.e., Pavement
Condition Index (PCI) survey as set [orth in Advisory Circular 150/5380-6,
"Guidelines and Procedures for Maintenance of Airport Pavements," the
frequency of inspections may be extended to three years.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum of
once per month to detect unexpected changes in [he pavement condition.
c. Record Keeping. Complete in[ormation on the findings of all detailed inspections and
on the maintenance performed must be recorded and kept on file for a minimum of five
years. The types of distress, their locations, and remedial action, scheduled or
performed, must be documented. The minimum information to be recorded is listed
below:
(1) Inspection date,
(2) Location,
(3) Distress types, and
(4) Maintenance scheduled or perrormed.
For drive-by inspections, the date of inspection and any maintenance performed must
be recorded.
d. Information Retrieval. An airpod sponsor may use any form of record keeping it deems
appropriate, as long as the information and records produced by the pavement survey can
be retrieved to provide a report to/he FAA as may be required.
e. Reference. Re[er to Advisory Circular 150/5380-6, "Guidelines and Procedures for
Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining
airport pavements and establishing an effective maintenance program. Specific types of
distress, their probable causes, inspection guidelines, and recommended methods of repair
are presented.
16. GRANTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor
agrees to perform the following:
FAA Form 5100-37 (10-89) Page 4 of 8
ASW-600 (1/03)
a. Furnish a construction management program to the FAA prior to the start of
construction which shall detail the measures and procedures to be used to comply with
the quality control provisions of the construction contract, including, but not limited to,
all quality control provisions and tests required by the Federal specifications. The
program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall responsibility
for contract administration [or the Grant and the authority to take necessary
actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be
provided.
(3) Procedures for determining that testing laboratories meet the requirements of the
American Society of Testing and Materials standards on laboratory evaluation,
referenced in the contract specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test
standard, and the acceptance criteria or tolerances permitted for each type of
test.
(6) Procedures for ensuring that the tests are taken in accordance with the program,
that they are documented daily, and that the proper corrective actions, where
necessary, are undedaken.
b. Submit at completion of the project, a final test and quality control report documenting
the results of all tests performed, highlighting those tests that failed or did not meet the
applicable test standard. The report shall include the pay reductions applied and the
reasons for accepting any out-of-tolerance material. An interim test and quality control
report shall be submitted, if requested by the FAA.
c. Failure to provide a complete repod as described in paragraph b, or failure to perform
such tests, shall, absent any compelling justification, result in a reduction in Federal
participation for costs incurred in connection with construction of the applicable
pavement. Such reduction shall be at the discretion of the FAA and will be based on
the type or types of required tests not perrormed or not documented and will be
commensurate with the proportion of applicable pavement with respect to the total
pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the dght to conduct independent tests and to reduce
grant payments accordingly if such independent tests determine that sponsor test results
are inaccurate.
17. FOR GRANTS WITH LAND ACQUISITION: It is understood and agreed by and between
the parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon
the basis of the current Exhibit "A" Property Map, the Sponsor hereby covenants and agrees
that upon completion of the land acquisition in this project, it will update said Exhibit "A" Property
Map to standards satisfactory to the Federal Aviation Administration (FAA) and submit said
documentation in final form to the FAA. It is further mutually agreed that the reasonable cost of
developing said Exhibit "A" Property Map is an eligible administrative cost for participation within
the scope of this project.
FAA Form 5100-37 (10-89) Page 5 of 8
ASW-600 (1/03)
19. The maximum obligation for the current fiscal year stated in Condition 1 of this agreement
may be increased by the additional amounts, if any, added by the document issued under the
subparagraph below, but may not exceed the United State's share of the total estimated cost of
completion, except as provided in section 47108(b) of Title 49 U.S.C. Under section 47108(a)
of Title 49 U.S.C. and at the sponsor's request, the FAA commits the United States to obligate
an additional amount to this project for payment of its share of the cost, in accordance with the
terms hereof. This additional amount will include all or part of the funds apportioned to the
sponsor for FY 2006 under section 47114(c)(1)(A) of Title 49 U.S.C., subject to the restriction on
the use of such apportionments now or hereafter imposed on FAA by Appropriations Acts now
or hereafter enacted, or by any other statute or regulation. It is further understood by the parties
that this commitment does not in itself obligate, preclude, or restrict the FAA in the use of any
funds made available for discretionary use under sections 47114, 47115 and 47116 of Title 49
U.S.C. to further aid the Sponsor in meeting the cost of this project under the terms of this
agreement and limitations of law. The exact amount of this commitment will be established for
each fiscal year by the FAA in a letter to the sponsor stating the current maximum obligation for
[his project. This letter will be issued to the sponsor by FAA when such computation and
obligation can be made in FY 2006. The parties agree that upon its issuance, this letter shall be
considered incorporated by reference into, and part of, this agreement.
GENERAL GRANT SPECIAL CONDITIONS
A. MULTI-YEAR GRANTS - LETDER OF AGREEMENT: The maximum obligation for the
current fiscal year stated in Condition 1 of this agreement may be increased by the additional
amounts, if any, added by the document issued under the subparagraph below, but may not
exceed the United States' share of the total estimated cost of completion, except as provided in
Section 47108(b) of the Act.
Under Section 47108 of the Act, as amended, and at the Sponsor's request, the FAA commits
the United States to obligate an additional amount to this project for FY-2006 pursuant to
Section 47114 of said Act, and subject to the restrictions on the use of such apportionments
now or hereafter imposed on FAA by statute now or hereafter enacted by any regulation. It is
further understood by the parties that this commitment does not in itself obligate, preclude, nor
restrict the FAA in the use of any funds made available for discretionary use under Section
47114 of said Act to further aid the Sponsor in meeting the cost of this project under the terms
of this agreement and limitations of the law.
The exact amount of this commitment will be established for each Fiscal Year by the FAA in a
letter to the Sponsor stating the current maximum obligation for this project. This letter will be
issued to the Sponsor by FAA when such computation and obligation can be made in FY-2006.
The par[ies agree that upon its issuance, this letter shall be considered incorporated by
reference into, and part of, this agreement.
FAA Form 5100-37 (10-89) Page 6 of 8
ASW-600 (1/03)
The Sponsor's acceptance of this Offer and ratification and adoption of the Grant Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Grant and compliance with the
assurances and conditions as provided herein. Such Grant Agreement shall become effective
upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADM~"~'RATION
· . ~ / /
"--,,,-J. Michael Ni~ly
(Ty~d Name)
Manager, Texas ~rpo~s Development ~ce
(~le)
FAA Form 5100-37 (10-89) Page 7 of 8
ASW-600 (1/03)
PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Grant Application and incorporated
materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant
Application.
Executed this [C7'~- day of /~., / I ,20~,~'
By:
Title:
(SEAL)
Attest: ~
CERTIFICATE OF SPONSOR'S ATDORNEY
Representative)
Representative)~ I ., ~ ~
, ....
acting as Attorney for the Sponsor do h~'ced~:"
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement
under the laws of the State of '-'/--,¢K~ . Fur[her, I have examined the foregoing Grant
Agreement and the actions taken by said Sponsor and Sponsor's official representative has
been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and the Act. In addition, for grants involving projects
to be carried out on property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Fur[her, it is my opinion that the said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at ~"or~.4 ~ C-~,~s~'I"{~L
this
By
/ dayof Rr~/ ,20 ~.._~--'~
~natu .,'~of~
FAA Form 5100-37 (10-89) Page 8 of 8
ASW-600 (1/03)
....CAT,°. FO. ORIGINAL
FEDERAL ASSISTANCE
1. TYPE OF SUBMISStOR
Application Pre-application
[] Consbrumio~ [] Construction
[] Non-Construction [] Non-Construction
5. APPLICANT INFORMATION
Legal Name:
City of Corpus Christi
Organiza[Jo,nal DUNS:
Address:
SLreet: 10e0 Inter'national Dr.
City: Corpus Christi
County: Nueces
State: Tea:as I Zip Code: 7B40E
Counm/: United States
6. EMPLOYER IDENTIFICATION NUMBER (EIN):
8 TYPE OF APPLICATION
[] New [] Corldnuatlon [] Revision
If Rewsion. enter appropriate letter(s) in box(es)
(See back el rorrn for desc~pUon o, letters.) I I II
Other/spec~fyl
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NO.
TITLE (Name et Program): Airport Improvement Program
12. ~ AFFECTED BY PROJECT (C/tles, Counties, States, etc.):
City of Corpus ChdsU, Nueces County, San Palrlclo
County
13. PROPOSED PROJECT
Stad Date Ending Date
4/25105 12131105
15. ESTIMATED FUNDING:
a. FederaJ $ 7,788,088
b. Applicaet $~.O9,899. O0
c State $
d. L.c~.al ' $
e Other $
f. Program Income $
Version 7/03
2. DATE SUBMI'I-I'ED
04~04/05
3. DATE RECEIVED BY STA~IE
Applioant Iden[iAer
State Application IdenUfler
4. DATE RECEIVED BYAGENCY Federal Identifier
3-48-0051-37.05
Organizational Unit: Department of Aviation
Department: Aviation
Division:
Name a¢~
this application (give area c4~e)
Prefix: Mr. I First Name: Dave
Middle Name:
Last Name: Hamrick
Suffix:
Email: daveh~cctexas.com
Phone Number (give area code) Fax Number (Dive area code)
(361) 289 - 171 (361) 289 - 251
7. TYPE OF APPLICANT (See back ef term for ApCicatJon Types)
Municipal
Obher (Specify)
9. NAME OF FEDERAL AGENCY:
Federal Aviation Administration
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
Rehabilitate Runway 13/31, Phase II and Runway 17/35
Shoulders/Blast Pads and Airport Drainage Improvements,
Phase I
14. CONGRESSIONAL DISTRICTS OF:
a. Applicant b. Project
27 27
16. IS APPLtCA'i'ION SUBJECT TO REVIEW BY STATE EXECUTIVE
ORDER 12372 PROCESS?
a. YES. [] THIS PREAPPLICATIONJAPPLICATION WAS MADE
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON:
DATE: 4/4/0~
b. NO. [] PROGRAM IS NOT COVERED BY E.O. 12372
OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
17. IS THE APPLICANT DELINQUENT ON ANY FEDER.AJ- DEBT?
g. TOTAL $8,197,987. OD [] Yes, If "Yes", attach an explanagon [] No
16. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNtNG BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH
THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. Authorized Representetwe
Prefix Mr.
Last Name: Hamrlck
b. Tige: Director of Aviation
d. Signatur~ of Authbezed Representative:
Previous Edgions Usable
Authbezed for Loc. a[ Reproduction
I First Name: Dave
Middle Name:
Sub, x:
c. Telephone: 361-289-0171
e. Date Signed: -~. / °
Standard Form 424 (Rev 9-2003)
preecdbed by OMB Cbcular A-102
U.S, DEP~TMENT OF TRANSPORTATION - FEDER~ AVIATION ~MINIST~ON
PARTII
PROJECT APPROVALINFORMATION
SECTION A
OMB NO. 80-R0184
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes
X No
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Yes X No
Item 3,
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-957
Yes X No
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
X Yes
No
Item 5.
Is the proposed project covered by an approved
comprehensive plan?
X Yes No
Item 6.
Will the assistance requested serve a Federal
installation?
Yes
X No
Item 7.
Will the assistance requested be on Federal land
or installation?
Yes
X No
Item 8.
Will the assistance requested have an impact or effect
on the environment?
Yes X
No
Item 9.
Will the assistance requested cause the displacement of
individuals, families, businesses, or farms?
Yes X No
Item 10
Is there other related Federal assistance on this
project, previous, pending, or anticipated?
Yes
X No
Name of Governing Body
Priority Rating
Name of Agency or
Board
(Attach Documentation)
(Attach Comments)
Name of Approving Agency C, nastal Coordinafir~n Cr~Hncil
Date Ne. gatiw determination received March 31 2004
Check one: State []
Local []
Regional []
Location o[ plan ACIP
Name of Federal Installation
Federal Population benefiting from Project
Name of Federal Installation
Location of Federal Land
Percent of Project
See instruction for additional information to be
provided.
Number of:
Individuals
Families
Businesses
Farms
See instructions for additional information to be
provided.
FAA Forrn 5100-100 (6 73) SUPERSEDES FAA FORM 5100 10 PAGES 1 THRU 7 Page 2
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C (SECTION B OMI~-I'ED)
OMB NO. 04-R0209
The Sponsor hereby represents and cerlifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent
to or in [he vicinity of the airport:
Covered in the Corpus Christi International Airpor[ 20-year Master Plan and the City of Corpus Christi Airport Area
Plan. This plan covers the Airpor[ and its environs and has protection for the Airport written into it, including zoning
ordinances. The area plan has been incorporated into the City's Comprehensive Plan. A Pad 150 Noise Compatibility
Study for the Corpus Christi International Airport was approved in September 2000. It was incorporated into the Airpor['s
Master Plan to assume compatible land use surrounding the airport. CCIA's Master Plan is in the process of being
updated and will be submitted for formal review and approval.
2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States
Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
NONE
3. Possible Disabilities. - There are no [acts or circumstances (including the existence of effective or proposed
leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or
other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and
complete the Project or carry out the provisions of Par[ V of this Application, either by limiting its legal or financial ability or
otherwise, except as follows:
NONE
4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to be
developed or used as par[ of or in connection with the Airport, subject to the following exceptions, encumbrances, and
adverse interests, all of which areas are identified on the properly map designated as Exhibit "A":
Within existing Airport Boundary, See Exhibit "A"
* State character of property interest in each area and list and identify for each ali exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only
be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3a
FAA AC 81-06913
U.$, DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 04-R0209
PART II- SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examina[ion by a qualified attorney or title company and
that such attorney or title company has determined [hat the Sponsor holds the above properly interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work
under the Project, the following property interest in [he following areas of land* on which such construction work is to be
ped'ormed, all of which areas are identified on the aforementioned property map designated as Exhibit "B":
N/A
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work
under the Project, the following property interest in the following areas of land* which are to be developed or used as part
of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the
aforementioned property map designated as Exhibit "B":
See A[tached for Boundaries
5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport
owned or controlled by the Sponsor except as follows:
NONE
* State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only
be identified here by the area numbers shown on the properly map.
FAA Form 5100-100 (4-76) Page 3b
FAA AC 81q)6913
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART III - BUDGET INFORMATION -- CONSTRUCTION
SECTION A- GENERAL
1. Federal Domestic Assistance Catalog No ..............................
2 Functional or Other Breakout ....................................................
20.106
SECTION B - CALCULATION OF FEDERAL GRANT
Use only for revisions
Cost Classification Latest Approved Adjustment
Amount + or (-)
1. Administration expense
2. Preliminary expense
3. Land, structures, dght of way
4. Architectural engineering basic fees
5. Other architectural engineering tees
6. Project inspection fees
7 Land development
8. Relocation Expenses
9. ReJocalion payments to Individuals and Businesses
10. Demolition and removal
11 Construction and project improvement
12 Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
15 Estimated Income (if applicable)
16 Net ProjectAmount (Line 14 minus 15)
17 Less Ineligible Exclusions
18. Add: Cor~t:lgencies
19 Total Project Amt. (Excluding Rehabilitation Grants)
20 Federal Share requested of Line 19
21 Add RehabilitaLion Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
23. Grantee share
24 Other shares
25 Total project (Lines 22, 23 & 24)
FAA Fom~ 5100 100 (6 73) SUPERSEDES FAA FORM 5100-10 PAGES 1THRU7
OMB NO. 80-R0184
Total
Amount
Required
$122,970,
859,739.
98,640.
320,110.
6,796,528.
8,197,987.
8,197.987
7,788,088
7,788,088
409,899
$8,197,987
Page 4
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 80-R0184
26
b
Classification
SECTION C - EXCLUSIONS
Ineligible for
Par[icipation
(1)
Excluded from
Contingency Provision
(2)
$
Totals
28.
SECTION D- PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
Grantee Share
a. Securities
b. Morlgages
c. Appropriations (By Applicant)
d, Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain) Airport Reserves
h, TOTAL - Grantee share
Other Shares
a. State
b, Other
c. Total Other Shares
TOTAL
$409,899.
$409,899
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 5
PART IV
PROGRAM NARRATIVE STATEMENT
REHABILITATE RUNWAY 13/31 PHASE II
AND RUNWAY 17-35 SHOULDERS, BLAST PADS AND
AIRPORT DRAINAGE IMPROVEMENTS PHASE IV
CORPUS CHRISTI INTERNATIONAL AJRPORT
PROJECT DESCRIPTION: Grant 37 will include the following items: Rehabilitate Runway
13-31 Phase II and Runway 17-35 Shoulders, Blast Pads and Airport Drainage
Improvements Phase IV.
BACKGROUNDS:
Rehabilitate Runway 13-31 PHASE I1:
The rehabilitation of Runway 13-31 is a two phased project. Phase I consisted of the
design of this project. Phase Il consists of the construction, testing and inspection of this
project. The scope for this project includes oveday of entire runway, blast pad resurfacing,
construction of 25' asphalt shoulders, replacing airfield lighting and signage, drainage
improvements, and relocation of Runway 13 Iocalizer out of the runway safety area.
Runway 17-35 Shoulders, Blast Pads and Airl3ort Draina{3e Iml3rovements Phase IV:
This will be a two phased project. Phase I will include the design phase, consisting of soils
testing, surveying, and design. Phase II will consist of the actual construction. The scope
for this project includes construction of 25' asphalt shoulders, replacing airfield lighting and
signage, blast pad resurfacing and drainage improvements.
In order to facilitate the prevention of premature pavement deterioration/failure caused by
drainage problems as those currently experienced on Runway 13/31, recommendations
have been made to rehabilitate the full length of the runway with paved shoulders and blast
pads, enlarge existing culverts and headwalls, re-grade the drainage areas along the
runway and replace and/or repair and relocate the existing french drainage system.
Runway Lighting (HIRL): Both of CCIA's runways utilize the same type of runway edge
light fixtures. The lighting manufacturer has phased out the production of that type of
fixture, leaving only stocked parts to support customers across the country. This work will
include replacing all fixtures, transformers, connector kits, cabling and associated signage
along the runway and from the runway to the hold short lines of all intersecting taxiways.
Drainage Improvements: Most of CClA's existing drainage system was designed to a 5-
year storm event and has met its life expectancy. Additionally, some drainage system
infrastructure is showing signs of deterioration. The Airport Drainage Study has identified
corrective measures to these areas for improvements. Localized corrective measures have
been completed in other phases of airfield drainage improvements. However, additional
work is required to continue to correct existing drainage problems and meet the 25-year
storm water event requirement.
Drainage Improvements for this project include constructing an outfall channel from the
southwest part of Runway 13-31 to Dunigan Creek and constructing a lateral channel from
the new Air Traffic Control Tower to the new outfall channel. These improvements include:
Increasing the storm water storage and culvert capacities to meet a 25-year storm water
event; and constructing a culvert structure, complete with headwalls, to cross the Airport
Perimeter Road and FM 763.
SUMMATION OF PROJECTS
REHABILITATE RUNWAY 13131 PHASE II
RUNWAY 17-35 SHOULDER, BLAST PAD AND AIRPORT
DRAINAGE IMPROVEMENTS PHASE I (DESIGN ONLY)
TOTAL
$ 7,338,248
$ 859,739
$ 8,197,987
CCIA CONTRIBUTION - 5% ($8.197,987) = $409~899
FAA CONTRIBUTION - 95% (($8,197,987) = $7,788.088
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
PROJECT PLANS AND SPECIFICATIONS
Corpus Chdsti International
__City of Corpus Chdsti_ Ai(~:x)rt 3--4-8-0051-37-05
(Sponsor) (Aiq2orf) (Ptuject Number)
(Work Description)
Rehabilitate Runway 13/31 Phase II, Runway 17/35 Shoulders/Blast Pads and Airport Drainage
Improvements, Phase IV
Title 49, United States Code1 section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (ALP). AlP standards are generally descnbed in FAA Advisory Circular
(AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights
Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program
Grant Assurance One-General Federal Requirements. A list of current advisory circulars with specific
standards for design or construction of airports as well as procuremenfJinstallation of equipment and
facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement.
Except for the certified items below marked nol applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administ]-ative standards.
Yes No N/A
1. The plans and specifications were (will be) prepared in
accordance with applicable Federal standards and
requirements, so no deviation or modification to standards set [] [] []
forth in the advisory circulars, or State standard, is necessary
other than those previously approved by the FAA.
2. Specifications for the procurement of equipment are not (will not
be) proprietary or wdtten so as to restdct competition. At least [] [] []
two manufacturers can meet the specification.
3. The development included (to be included) in bhe plans is
depicted on the airport layout plan approved by the FAA. [] [] []
4. Development that is ineligible for AlP funding has been (will be)
omitted from the plans and specifications. [] [] []
5. The process control and acceptance tests required for the
project by standards contained in Advisory Circular 150/5370-10 [] [] []
are (will be) included in the project specifications.
6. If a value engineering clause is incorporated into the contract,
concurrence was (will be) obtained from the FAA. [] [] []
7. The plans and specifications incorporate (will incorporate)
applicable requirements and recommendations set forth in the [] [] []
Federally approved environmental finding.
Yes No N/A
8. For construction activities within or near aircraft operational
areas, the requirements contained in Advisory Circular
150/5370-2 have been (will be) discussed with the FAA as well [] [] []
as incorporated into the specifications, and a safety/phasing
plan has FAA's concurrence, if required.
9. The project was (will be) physically completed without Federal
participation in costs due to errors and omissions in the plans [] [] []
and specifications that were foreseeable at the time of project
design.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Corpus Christi
(Name of Sponsor)
(Signature of Sponsor's Des¢¢nated Offc~al Representative)
Dave Hamrick
(Typed Neme of Sponsor's Designated Official Representative)
Director of Aviation
(Typed Title of Sponsor's Designated Official Representative)
04/01/05
(Date)
U.S. DEPPu~TMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
EQUIPMENT/CONSTRUCTION CONTRACTS
Corpus Chdsti Intemational
City of Corpus Chnsti Air~ort _ 3-48-0051-37-05
(Sponsor) (Aiq2ort) (Project Number)
Rehabilitate Runway 13/31 Phase II, Runway 17/35 Shoulders/Blast Pads and Airpert Drainage
Improvements, Phase IV (Wo,~ De$crfplJon)
Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (ALP). General standards for equipment and construction contracts
within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36.
AlP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for
the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement
Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One-General Federal
Requirements Sponsors may use State and local procedures provided procurements conform to these
Federal standards.
Except for the certified items below marked not applicable (N/A), the list includes major requireroents for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and adminis~'ative standards.
Yes No N/A
1. A code or standard of conduct is (will be) in effect governing the
performance of the sponsor's officers, employees, or agents in [] [] []
soliciting and awarding procurement contracts.
2. Qualified personnel are (will be) engaged to perform contract
administration, engineering supervision, construction inspection, [] [] []
and testing.
3. The procurement was (will be) publicly advertised using the
competitive sealed bid method of procurement. [] [] []
4. The bid solicitation deady and accurately describes (will
descdbe):
a. The current Federal wage rate determination for all
construction projects, and
b. All other requirements of the equipment and/or services to
be provided.
5. Concurrence was (will be) obtained from FAA pdor to contract
award under any of the following circumstances;
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest
responsible bidder, [] [] []
c.Life cycle costing is a factor in selecting the lowest
responsive bidder, or
d. Proposed contract pdces are more than 10 percent over
the sponsor's cost estimate.
Yes No N/A
6. All contracts exceeding $100,000 require (will require) the
following provisions:
a. A bid guarantee of 5 percent, a performance bond of 100
percent, and a payment bond of 100 percent;
b. Conditions specifying administrative, contractual, and legal
remedies, including contract termination, for [hose [] [] []
instances in which contractors violate or breach contact
terms; and
c. Compliance with applicable standards and requirements
issued under Section 306 of the Clean Air Act (42 USC
1857(h)), Section 508 of the Clean Water Act (33 USC
1368), and Executive Order 11738.
7. All construction contracts contain (will contain) provisions for:
a. Compliance with the Copeland "Anti-Kick Back" Act, and
b. Preference given in the employment of labor (except in [] [] []
executive, administrative, and supervisory positions) to
honorably discharged Vietnam era veterans and disabled
veterans.
8. All construction contracts exceeding $2,000 contain (will
contain) the following provisions:
a. Compliance with the Davis-Bacon Act based on the current [] [] []
Federal wage rate determination; and
b. Compliance with the Contract Work Hours and Safety
Standards Ac[ (40 USC 327-330), Sections 103 and 107.
9. All construction contracts exceeding $10,000 contain (will
contain) appropriate clauses from 41 CFR Part 60 for [] [] []
compliance with Executive Orders 11246 and 11375 on Equal
Employment Opportunity.
10. All contracts and subcontracts contain (will contain) clauses
required from Title VI of the Civil Rights Act and 49 CFR 23 and [] [] []
49 CFR 26 for Disadvantaged Business Enterprises.
11. Appropriate checks have been (will be) made to assure that
contracts or subcontracts are not awarded to those individuals
or firms suspended, debarred, or voluntarily excluded from [] [] []
doing business with any U.S. Department of Transportation
(DOT) element and appearing on the DOT Unified List.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Corpus Chdsti
(Name of Sponsor)
(Signalure of SponsoFs Designated Official Representative)
Dave Hamrick
(Typed Name of Sponsor's Designated Official Representative)
Director of Aviation
(Typed Title of Sponsor's Designated ONclal Representative)
04101105
(Date)
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AJRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
Corpus Christi International
City of Corpus Chdsti Airp~_rt 3-48-0051-37-05
(Sponsor) (Airport) (Project Number)
(Work De$cnption)
Rehabilitate Runway 13/31 Phase II, Runway 17/35 Shoulders/Blast Pads and Airport Drainage
Improvements, Phase IV
Title 49, United States Code, section 47105(d), authorizes Ihe Secretary to require certification from
the sponsor that it will comply with the statutory and administ~'ative requirements in carrying out a
project under the Airport Improvement Program (ALP). General standards for selection of consultant
services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR),
Part 18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to
specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering,
and Planning Consultant Services for Airport Grant Projects.
Except for the certified items below marked not applicable (N/A), the list includes major requirements
for this aspect of project implementation, although it is not comprehensive, nor does it relieve the
sponsor from fully complying with all applicable statutory and administrative standard.
Yes No N/A
1. SolicitatJons were (will be) made to ensure fair and open
competition from a wide area of interest.
2. Consultants were (will be) selected using competitive
procedures based on qualifications, experience, and
disadvantaged enterprise requirements with the fees determined [] [] []
through negotiations.
3. A record of negotiations has been (will be) prepared reflecting
considerations involved in the establishment of fees, which are [] [] []
not significantly above the sponsor's independent cost estimate.
4. If engineering or other services are to be performed by sponsor
force account personnel, pdor approval was (will be) obtained [] [] []
from the FAA.
5. The consultant services contract clearly establish (will establish)
the scope of work and delineate the division of responsibilities
between all parties engaged in carrying out elements of the [] [] []
project.
6. Costs associated with work ineligible for AlP funding are (will be)
clearly identified and separated from eligible items in [] [] []
solicitations, contracts, and related project documents.
Yes No N/A
7. Mandatory contact provisions for grant-assisted contracts have
been (will be) included in consultant services contracts. [] [] []
8. The cost-plus-percentage-of-cost methods of contracting
prohibited under Federal standards were not (will not be) used. [] [] []
ir the services being procured cover more than the single grant
project referenced in this certification, the scope of work was
(will be) specifically described in the advertisement, and future
work will not be initiated beyond i~ve years.
[] [] []
I certify, for the project identified herein, responses to the rorgoing items are accurate as marked and
have prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Corpus Chdsti
(Name of Sponsor)
(Signalure of Sponsors DesiBnated Official Representalive)
Dave Hamrick
(Typed Nsrne of Sponso[~s Des~gnaled Official Representatrve)
Director of Aviation
(Typed Tllle of Sponsor's Designated Official Representalive)
04/01/05
(Dale)
ASSURANCES
Airport Sponsom
General.
These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airporf sponsors,
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.
Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
Duration and Applicability.
Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain
in full force and effect throughout the useful life of the facilities developed or equipment acquired
for an airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal
funds for the proiect. However, there shall be no limit on the duration of the assurances
regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
There shall be no limit on the duration of the terms, conditions, and assurances with respect to
real properly acquired with federal funds. Furthermore, the duration of the Civil Rights
assurance shall be specified in the assurances.
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 developmenL or noise compatibility program project shall be no less than ten
(10) years fi-om the date of acceptance of Federal aid for the project.
Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall remain in
full force and effect dunng the life of the project.
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 use of Federal funds for this project including but not limited to the following:
Federal Legislation
Title 49, U.S.C., subtitle VII, as amended.
Davis-Bacon Act - 40 U.S.C. 276(a), et seq?
Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
Hatch Act - 5 U.S.C. 1501, et s~K].2
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, ~'~ seq? 2
National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C, 470(0?
Airport Assurances (9/99)
1
p.
q
t.
Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c?
Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
Clean Air Act, P.L. 90-148, as amended.
Coastal Zone Management Act, P.L. 93-205, as amended.
Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
Rehabilitation Act of 1973 - 29 U.S.C. 794.
Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
Age Discrimination Act of 1975 - 42 U.SC. 6101, et seq.
American Indian Religious Freedom Act, P.L. 95-341, as amended.
Architectural Barriers Act of 1968 ~,2 U.S.C. 4151, et seq,1
Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.
Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq?
Copeland Antikickback Act - 18 US.C. 874.4
National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.4
Wild and Scenic Rivers Act, P.L. 90-542, as amended.
Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.~
Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity1
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 Construction1
Executive Order 12898 - Environmental Justice
Federal 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 - Contractors 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 consbuction (also labor standards provisions
applicable to non-construction contracts subject to the Contract Work Hours and
Safety Standards Act)?
41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements)?
49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
49 CFR Part 20 - New restrictions on lobbying.
49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
49 CFR Part 24 - Un~form relocation assistance and real property acquisition for
Federal and federally assisted programs? 2
Airport Assurances (9/99)
2
49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and
activities receiving or benefitting from Federal financial assistance?
49 CFR Part 29 - Government wide debarment and suspension (non-
procurement) and government wide requirements for drug-free workplace
(grants).
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.
49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction?
ChOice of Management and Budget Circutars
A-87 - Cost Principles Applicable to Grants and Contracts with State and Local
Governments.
A-133 - Audits of States, Local Governments, and Non-Prof'rt Organizations
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State and
Local Governments by this regulation and circular shall also be applicable to private
sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
Responsibility and Authority of the Sponsor.
Public Agency Sponsor: IL has legal authority to apply for the grant, and to
finance and carry out the proposed project; that a resolution, motion or similar
action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as
may be required.
Private Sponsor: It has legal authority to apply for the grant and to finance and
carry out the proposed project and comply with all terms, conditions, and
assurances of this grant agreement. It shall designate an official representative
and shall in writing direct and authorize that person to file this application,
including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as
may be required.
Sponsor Fund Availability, It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure
operation and maintenance of items funded under the grant agreement which it will own or
control.
4. Good Title.
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.
Airport Assurances (9/99)
3
For noise compatibility program projects to be carried out on the property of the
sponsor, it holds good title satisfactory to the Secretary to that portion of the
property upon which Federal funds will be expended or will give assurance to
the Secretary tha~ good title wirl be obtained.
Preserving Rights and Powers.
It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms, conditions,
and assurances in the grant agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any outstanding
rights or claims of right of others which would interfere with such performance
by the sponsor. This shall be done in a manner acceptable to the Secretary.
It will not sell, lease, encumber, or otherwise transfer or dispose of any pad. of
its title or other interests in the property shown on Exhibit A to this application or,
for a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions,
and assurances in the grant agreement without approval by the Secretary. If
the transferee is found by the Secretary to be eligible under Title 49, United
States Code, to assume the obligations of the grant agreement and to have the
power, authority, and financial resources to carry out all such obligations, the
sponsor shall insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
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.
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.
If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary
to ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 49, United States Code, the
regulations and the terms, conditions and assurances in the grant agreement
and shall insure that such arrangement also requires compliance therewith.
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.
Airport Assurances (9/99)
4
10.
11.
12.
13.
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 consulbations 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 lecaied or has advised the
communities that they have/he 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 codify in writing ta 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 projecl 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 airpod 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 Cede, and all the security equipment required by rule or regulation, and
has provided for access to the passenger enplaning and deplaning area of such airport to
passengers enplaning and deplaning fi.om aircraft other than air carrier aircraft.
Accounting System, Audit, and Record Keeping Requirements.
It shall keep all project accounts and records which fully disclose the amount
and disposition by the recipient of the proceeds of the grant, the total cost of the
project in connection with which the grant is given or used, and the amount 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 [hat will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the purpose of
audit and examination, any books, documents, papers, and records of the
recipient that are pertinent to the grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection with
which the grant was given or used, it shall file a certified copy of such audit with
Airport Assurances (9/99)
5
14.
15.
16.
17.
18.
the Comptroller General of the United States not later than six (6) months
following the close or 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 the grant agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in accordance with [he 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 the
grant agreement which involve labor, such provisions as are necessary to insure that, in the
employment of labor (except in executive, administrative, and supervisory positions), preference
shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112
of 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 the 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 approval by the Secretary and such work shall be in accordance with regulations
and procedures prescribed by the Secretary. Such regulations and procedures shall require
such cost and progress reporting by the sponsor or sponsors of such project as the Secretary
shall deem necessary.
Planning Projects. In carrying out planning projects:
It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
IL will make such material available for examination by the public, and agrees
that no material prepared with funds under this project shall be subject to
copyright in the United States or any other country.
It will give the Secretary unrestricted authority to publish, disclose, distribute,
and otherwise use any of the material prepared in connection with this grant.
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.
Airpor~ Assurances (9/99)
6
19.
20.
21.
21.
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,
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.
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, ft 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.
Fudher, 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.
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 altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
Compatible Land Use. it will take appropriate action, to the extent reasonable, including the
adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including landing
and takeoff of aircraft. In addition, if the project is for noise 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.
It will make the airport available as an airport for public use on reasonable terms
and without unjust discrimination to all b/pes, kinds and classes of aeronautical
Airport Assurances (9/99)
7
23.
activities, including commercial aeronautical activities offering services to the
public at the airport.
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
(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
and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
Each fixed-based opera[or 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.
Each air carrier using such airport shall have the right to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve
any air carrier at such airport.
Each air carrier using such airport (whether as a tenant, nontenant, or subtenant
of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or nontenants and signatory carriers and
nonsignatory 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.
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.
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.
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.
The sponsor may prohibit or limiL 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
Airport Assurances (9/99)
8
24.
25.
26.
paragraph, the providing of the services at an airpod by a single fixed-based operator shall not
be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant [o an existing agreement between
such single fixed-based operator and such airport.
It further agrees that it will not, either directJy 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 TiUe 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 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.
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. Provided, however, that if
covenants or assurances in debt obligations issued before September 3, 1982, by
the owner or operator of the airport, or provisions enacted before September 3,
1982, in governing 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 airpert, 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 [he case of a public airport, local
taxes on aviation fuel) shall not apply.
As part of the annual audit required under the Single Audi[ Act of 1984, the sponsor
will direct that the audit will review, and the resulting audit report will provide an
opinion concerning, the use of airport revenue and taxes in paragraph (a), and
indicating whether funds paid or transferred to the owner or operator are paid or
transferred in a manner consistent with Title 49, United States Code and any other
applicable provision of law, including any regulation promulgated by the Secretary or
Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance
in accordance with the provisions of Section 47107 of Title 49, United States Code.
Reports and Inspections. It will:
Airport Assurances (9/99)
9
27.
28.
29.
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 Secretaw;
for airport development projects, make the airport and all airport records and
documents affecting the airpod, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request;
for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms, conditions, and assurances of
the grant agreement including deeds, leases, agreements, regulations, and other
instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
in a formal and time prescribed by the Secretary, provide to the Secretary and make
available to the public following each of its fiscal years, an annual report listing in
detail:
(i) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(ii) all sewices 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 aircraff to the
United States for use by Government aircraft in common with other aircraff 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 [he 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 aircraff are in excess of those which, in the opinion
of the Secretaw, would unduly inter~ere 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
aircraff 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.
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,
Airport Assurances (9~99)
10
30.
31.
taxiways, aprons, terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing airport facilities; and (3) the location of all
existing and proposed nonaviation areas and of all existing improvements
[hereon. 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.
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.
Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,
on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefifJng 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 sbuctures or improvements
thereon in which case the assurance obligates the sponsor or any tTansferee 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.
For land purchased under a grant for airport noise compatibility purposes, it will
dispose of the land, when the land is no longer needed for such purposes, at fair
market value, at the 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, at the discretion of the Secretary, 1 ) be paid to the Secretary
for deposit in the Trust Fund, or 2) be reinvested in an approved noise
compatibility project as prescribed by the Secretary.
(1) 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, (a) upon application to the Secretary, be reinvested in another eligible
airport improvement project or projects approved by the Secretary at that airport
or within the national airport system, or (b) be paid to the Secretary for deposit
in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if (a) it may be needed for aeronautical purposes (including runway
protection zones) or serve as noise buffer land, and (b) the revenue from interim
Airport Assurances (9/99)
11
32.
33.
35.
36.
37.
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.
Disposition of such land under (a) or (b) will be subject to the retention or
reservation of any interest or right thereir~ 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
po]icies, 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 7/1/99 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 Pad 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 no[ 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-assisted 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 program, the Department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 ).
Airport Assurances (9/99)
12
u.s Dep~tm~t
oi' Transoor la~cm
Fori Wodh, T6xas 76193 0000
0 8 2085
The Honorable Samuel L. Neal Jr.
Mayor of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Dear Mayor Neal:
Enclosed are the original and one copy of the Grant Offer for Project No.3-48-0051-37-2005, which consists of
Rehabilitate Runway 13/31, Phase II: Runway 17/35 Shoulders/Blat Pads; and Airport Drainage
Improvements, Phase IV at Corpus Christi International Airport, Corpus Christi, Texas. Please accept by
resolution of the governing body of the city and relurn the original to this office on or before May 5, 2005. The
copy is for your files. Please note that the Attorney's Certification should not be dated prior to the acceptance
date.
We especially direct your attention to Assurance Nmnber 25. By acceptance of this grant offer, you are assuring
the Federal Government that all airport revenues are being used only for airport purposes or other transportation
purposes identified in this assurance. This applies to aeronautmal lease revenue as well as nonaviafion uses of
airport property, such as industrial, recreational, or agricultural.
In order to issue this grant, we are required by the National Environmental Policy Act to make a determination
of the environmental impacts of these proposed projects. We have made a categorical exclusion from the
requirement of formal environmental assessment.
If you have any questions about the applicability of this provision, please call Mr. Marcelino Sanchez
(817) 222-5652.
Sincerely,
ORIGINAL SIGNED BY:
Mike Nicely
Manager, Texas Airport
Development Office
Enclosure (2)
cc (w/o enclosure):
Mr. Dave Hamrick, Atrport Director
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406-1801
APR 1 1 2005