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HomeMy WebLinkAboutC2006-340 - 8/22/2006 - Approved o ~ /\ V.. ~ \ "'~p) .'''--'"' ' U,S, Department of Tran-.portation Federal Aviation Administration GRANT AGREEMENT PART I - OFFER AUG 'j Date of Offer c;.(:)rp,LJ,~....C;..t!ri~~.LI~,~~!~,~!Jg~,~L,~i.rp(:)~, Airport/Planning Area 3-48-0051-038-2006 Grant No TO: City of Corpus Christi, Texas (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHER/lAS, the Sponsor has submitted to the FAA a Project Application dated August 9, 2006, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport; which Project Application, as approved by the FAA. is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (or Planning Area) (herein called the "Project") consisting of the following REH~LlTATE WEST GA APRON, PHASE I; REHABILITATE AIR CARRIER APRON AREAS; REHAllLlTATE TAXIWAY B, PHASE I; REHABILITATE TAXIWAY E, PHASE I; IMPROVE AIRPORT DRAI"GE, PHASE V; ACQUIRE RUNWAY SWEEPER; CONDUCT PLANNING STUDY (BENefiT/COST ANALYSIS TO EXTEND RUNWAY 13/31); AND REHABILITATE RUNWAY 17/35 all as more particularly described in the Project Application, WHERIIAS, this project will not be completed during Fiscal Year FY 2006; and the total United States' share of the eStimated costs of the completion will be $9,356,300.00. AUG 1 5 2006 2006-340 08/22/06 Res0269~0 1of7 FAA -. ~ NOW lHEREFORE, 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 saic Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay as the United States share of the allowable costs incurred in accomplishing the Project, 95 per centum thereof This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS The maximum obligation of the United States payable under this Offer shall be $6,538,150.00. 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 $75,000.00 for planning. $6,463,150.00 for airport development. 2 The allewable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act 3 Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4 The Sponsor shall carry out and complete the Project Without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5 The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6 ThiS offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 28, 2006, or such subsequent date as may be prescribed in writing 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 recov~d 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 couri or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary 8 The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9 LETTEIt OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actuall)f needed for its disbursements and to timely reporting of such disbursements as required. It is understbod that failure to adhere to this provision may cause the letter of credit to be revoked. 10. INFO.AL LETTER AMENDMENT OF AlP PROJECTS: It is mutually understood and agreed that if, during the life of the project. the FAA determines that the maximum grant obligation of the United States exceeds the - -,"---_.. ._"- ,---...-. ._~-~ ----..-...- -- -~- _.._-..._--_.._---~_._--- FAA Form 5100-37 (10-89)-510U38C 2 of 7 - expected needs of the Sponsor DY $25,000.00 or five percent (5%), whichever is greater, the maximum obligatien of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is dn overrun In the total actual eligible and allowable project costs, FAA may increase the maximum grant obilgation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation ald will advise the Sponsor by letter of the increase. It is further understood and agreed that If, dunng the life of the project 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 the FAA Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to 'he amount specified or the grant description is amended to the description specified . 11. PAVE.NT 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 Airport Sponsor Assurance Number C-11 The Sponsor shall use such program for the usefulllfe 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 Manaqement Proqram An effective pavement maintenance management program is one that details the procedures to be followed to assure 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 fottowing: 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 (AlP) assurances, pavements that have been consDucted, 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 forth 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 the pavement condition. c. _cord Keeping. Complete information 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 performed For drive-by inspections. the date of inspection and any maintenance performed must be recorded. d. .ormation Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. "-ference. Refer to AdVISOry Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific gUidelines and procedures for maintaining airport pavements and FAA Form 5100-37 :10-89)-510C<l8C 30f7 ~.,....."- establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 12. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250.000: The Sponsor agrees to perform the following a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including. but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authoritv 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 ana Materials standards on laboratory evaluation, referenced in the contract specifications (0 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 tor each type of test. (I) Procedures for ensunng that the tests are taken in accordance with the program, that they are documented daily and that the proper corrective actions, where necessary, are undertaken. b &lbmit 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 that did not meet the applicable test standard. The report shall Include the pay reductions applied and the reasons for accepting any out-of-tolerance matenal. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report 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 performed or not documented and will be commensurate witl> the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion. reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 13. BUY ,.ERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant The Sponsor will include in every contract a provision implementing this special condition 14. MAXlft4IIM OBLIGATION INCREASE FOR PRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States. as stated in Condition NO.1 of this Grant Offer a. may not De increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent for land projects. FAA Form 51 00-37 (1 0-89)-51 00-38C 4of7 ~-"'-',''''m~ SPECIAL GRANT CONDITIONS A. AIRI'ND WATER QUALITY Approval of the project 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. B. MU,-TI-YEAR GRANTS - LETTER 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-2007 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-2007. The parties agree that upon its Issuance this letter shall be considered Incorporated by reference into, and part of, this agreement. PLANNING GRANT SPECIAL CONDITIONS: A. CO.DINATION: The Sponsor agrees to coordinate this master planning study with the metropolitan plannint organizations, other local planning agencies, and with the State Airport System Plan prepared by the State's Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to furnish a copy of the final report to the State's Department of Transportation. B. G~T OFFER BASED ON PRELIMINARY WORK PROGRAM: It is understood and agreed by and betweef1 the parties hereto that this Grant Offer is made and accepted upon the basis of the preliminary Work Program; and the parties hereto covenant and agree that the Sponsor shall furnish a revised Work Program to the FAA and that a notice to proceed will not be issued until the revised Work Program has been approved by the FAA. c. EX<iJSS COST: It IS understood and agreed that notwithstanding that the Application includes therein plannint work that the Sponsor has estimated at a total cost of $75,000.00, the total allowable cost for purposes of determining federal participation shall not exceed $75,000.00 Any project costs in excess of the federal allowable costs shall be the sole responsibility of the Sponsor. FAA Form 5100-37 (10-89)-510D-38C 5of7 ~...,.-.. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligati0ns and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDE. RAL AlATION A9MINI RATION C JJ (Signature) J. Michael Nicely (Typed Name) Manager, Texas ADO (Title) FAA Form 5100-37 (10-89)-5100-38C 6of7 ~...~. PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoiAg Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and condition.s in th.ls O. ffer and in tAProject Applica~-?n.. ' Executed thIS?:Sf ,\ day of __ . '^~l;"'\ 1 _ .,-:2. LO<' CI~ <?...E............C~.~.'..iZ~..J......l...h_~(:r.1.J.... Name of Sp3nsor) By: (Signat Q Sponsor's Designated Official " Representative) G.e.a..c'1~............~_:......f'~l9_~......_...............mm.....m....................m.. (Typed Name 6f Sponsor's Designated Official , . Representative) L~ ~J ./~ ~ tV i1-"'j ..p r (Typed Titlelof Sponsor's Ij~signated Official Representative) (SEAL Title: Attest: ) i1-v, '~,.-.L / I v V'" rvvv<....-.>. -----=~o_-- ~.:-,.,:-IhJOC (~A. CtTlf Seq(L< I~hl CERTIFICATE OF SPONSOR'S ATTORNEY ~, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of .r~S Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving profects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated atQ)(~\A.':{.\It" i<s\\ this ~~ dayod~\&)t , 2a.:J.R , By ~OAA- (Signatur f Spo r's Attorney) j ~ 'f. .' :;:.:.~:':!..~ _.. ~u I nUl',"." " r-'.J"CH __.. "~I 3- ~>1'.' i. f'.'. ~. _..-'.......-....~ SfCtrf A tv..-1' i ATIEST: -;<~ ARMANDO ()-fAPA '.; CITe ~~Y v - FAA Form 5100-37 !10-89)-510C-38C 7of7 [] y'ES If "yes". attach an explanation -- - - ----- - -- ------------- 1~ TO THE BEST OF MY KNOWLED(iE AND BELIEF, \LL DATA IN THIS APPLICA TION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUME'iT HAS BEEN DlLY ~LTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPL Y \VITH THE ATT,'\CHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorlzed Repres,:ntative h fitle i c. Telephone Nllllibe~- Dave Halhrick Ilirector of Aviation ! (361) 289-0171 x1213 --t'.----~.-- ~ . e. Date Signed 8/09/06 APPLICATlO'\ FOR Ff:DERAL ASSISTANCf PE OF SUH\1i"SIO'\ Application [8J ( onstrucuOl =' "~on-Constnk[\(!' "rcappi ,allOT :J Contruc1!on --, J "or -C'onqrucl'on S \PPLlCANl INFORM\I j()]\ Le)!al '\lame ('it~ of Corpu!> Christi Address (Give CIty county. state. and 'Ip code) Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406-1801 Nuec~s~C.u~v 6. EMPLOYER !DFNTIFICA TiON '\UI\1BER (EIN I ~ 4. 6 () (I () 7 4 - . - - ,.'.- - - 8. rYPE OF APPUCATIO]\ [ZJ '\lew 0 Continuation [J RevislOn If RevIsion, Entel appropriate letter! s) In b,)x(es) C1D .\ ,I ncrease Award 13 Decrease ""ward C. increase DuratJon ) Decrease Duration Other (Sp~ill): _~~~~~~~_ _~_ 10 CATALOC OF FEDERAL DOMFSTIC ASSISTANCE 'It MBER: 20.106 fill .f. Airport Improvement Program I: '\REAS AFFETED BY PROJECT (CitIes. counties, states. ,'te ) Cit) of Corpus Christi. Nueces Ceunh. San !,atricio Count~ 1 ~ PROPOSED PROJECT Start Date: 9!IXt)6 Endin~ Date c)/ I SIO' 1 ~. ESTIMATED FUNDl'l( a. Federal ~9..'S6. (00.00 b. \pplicant S467. ,1500 C. State ;xx.OO d. [oca1 ~xx,OO e, Other ~xx.O() f Program Incllml' ~xx.OO g. 10TAL S9.X24. i 1500 d SIgnature of '\uthorl/ed Rq)resentative f;.- -a.-~ (:zJ..,,-77~ /- f're\ ,,)US Edition )\,\! !.,abh OMS Approval No. 0348-0043 DATF"':l 'BJ'vlITTED 08i09!06 DATE I~FCFIVFD Applicant Identifier State Application Identifier ~ DA TF RECEIVED BY FEDERAL \(rENe'. --~~_._~--_._---- Federal Identifier 3-48-0051-38-2006 ()rganizatlOnal Unit Department of Aviation 'lame and telephone number of the person to be contacted in matters i!1volving this applicatIOn (give area code) [lave Hamrick (361) 289-0171 X 1213 7 TYPE OF APPLICANT: (enter appropriate letter in box) [Q \ State H, Independent School District H County I State Controlled Institution of Higher Learning MuniCIpal J Private University ) Townsrnp K, Indian Tribe Interstate L Individual Intem1UI1lClpal M, Profit Organization Spec1al [)Istnct N. Other (Specify): _______ q NAME OF FEDERAL AGENCY: Texas ADO Federal Aviation Administration Fort Worth, TX 76193-0610 ---------- ) I DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Rehabilitate West GA Apron, Phase I; Rehabilitate Air Carrier -\pron Areas; Rehabilitate Taxiway "B", Phase I; Rehabilitate raxiway "K'" Phase I; Improve Airport Drainage, Phase V; Acquire Runway Sweeper; Conduct Planning Study (Benefit/Cost Analysis To Extend Runway 13/31); and Rehabilitate Runway 17/35. 1.~ ('ONGRESSIONAL DISTRICT OF: a. Applicant 27 b. Project 27 ---~--~-~._- -.-, It) IS THIS APPLICATION SUBJECT TO REVIEW BY STATE FXFCLTIVE ORDER 12372 PROCESS? A YF S THIS PREAPPLlCA TION/ APPLICA nON WAS MADE A V AILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE _m 8/09/0L_ B. '\l( j [J PROGRAM IS NOT COVERED BY E.O. 12372 D OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW - --------------------.-----.- 17 I" THIS APPLICATION DELINQUENT ON ANY FEDERAL DEBT? C8J NO \ ,Ithml/l i fOi ilGI' Rcpr(}jucl1on "landard Form 424 iREV4-88) Prescribed OMB circular A-I 02 ....... u.s. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 PART II PROJECT APPROVAL INFORMATION SECTION A ------.------"-.- ..-.......-.,...-.--...-....- .-......-.. -- ..~_.__._.~.__.- ---- Item 1. Does this assistance request require State. local, regional. or other priority rating? Yes X No Name of Governing Body Priority Rating Item 2. Does this assistance request require State, or local advisory, actucational or health clearances? Name of Agency or Board Yes _..,,~-- X No (Attach Documentation) --........-,,---- .-.-....---.--.--..-- '-'-"--.'-. --"-'--- --."-..-..-.- Item 3. Does this assistance request require clearinghouse review in accordance with OMB CIrcular A-95? (Attach Comments) Yes X No Item 4. Does this ..sistance request require State, local, regional or other planning approval? Yes No Name of Approving Agency r.n;:)~t;:)1 l:nnrrlin::ltinn r.nllnr.il Date NAg~tivA rlAtArmin~tinn rAr.AivArl Allgll~t O~ ?OOR -..--...'.--..---.. "-------.,---...- ~,- .-.---.-,....-. ."--~--,-- - Item 5. Is the propQ!Sed project covered by ar approved comprehenSive plan? , /". Yes Check one: State D Local r8J Regional D No Location of plan Ar.IP Item 6. Will the assi3tance requested serve a Federal installation? X No Name of Federal Installation Federal Population benefiting from Project Yes -"-.-- -....-..-----_.___ _--0- '_________.__,..__ __._.___._._.__.~_._. ..___~__..___.___ Item 7. Will the assistance requested be on Federal land or installation? Yes Name of Federal Installation Location of Federal Land X No Percent of Project -. ---------..- -- .-- .~"._- .--+-,,-.-..---- .-..-----.. .-.---- ._._.__._"~._._--- Item 8. Will the assiStance requested have ar impact or effect on the environment? See instruction for additional information to be provided Yes X No Item 9. Will the assiftance requested cause the displacement of individuals. families, businesses, or farms? Yes X Number of: Individuals Families Businesses Farms No ~----- ._._~-- -..-.---- - ..- --"-- Item 10, Is there other related Federal assistance on this project, previous, pending, or anticipated? Yes --._- See instructions for additional information to be provided. x. No =.A.A Form 5100-100 p;.73! SUPERS:'::DES FA, FORM 51)().1 "AC;ES 1 THi"U 7 Page 2 -- U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMS NO. 04-R0209 PART II - SECTION C (SECTION B OMITTED) The Sponsor hereby represents and:;ertifies as follows 1 Compatible Land Use - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport Covered in the Corpus Christi International Airport 20-year Master Plan and the City of Corpus Christi Airport Area Plan This plan covers the Airport 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 Part 150 Noise Compatibility Study for the Corpus Christi International Airport was approved In September 2000. It was incorporated into the Airport'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 facts 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 tne Project or carry out the provisions of Part 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 part of or In connection with the Airport, subject to the following exceptions, encumbrances, and adverse int...ests. all of which areas are identified or the property map designated as Exhibit "A": Within existing Airport Boundary See Exhibit "A' .. State chatecter of property interest If) each area and list and Identify for each all exceptions, encumbrances, and adverse intflfests 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.S 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 examination by a qualified attorney or title company and that such attorney or title cornpany has determined that the Sponsor holds the above property 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 the following areas of land* on which such construction work is to be performed, 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" N/A 5 ExotJsive 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 cha~ter of property interest in each area and list and identify for each al/ 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 1=orm 5100-10014-78) Page 3b FAAAC81-06913 ~"......,.".., U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMS NO. 80-R0184 Administration expense $ TRUCTION .106 L GRANT visions Total Adjustment Amount + or (-) Required $ $147,362. ~_. 641,551. 89,856. 547,045. ---. ! I I 8,248,820. 149,481. 9,824,115. ---.- -------. -- 9,824,115. 9,356,300. 9,356,300. 467,815 $ $9,824,115. -". -- 20 PART III - BUDGET INFORMATION -- CONS SECTION A - GENERAL ~ederal Domestic Assistance Catalog No 2. Functional or Other Breakout SECTION B - CALCULATION OF FEDERA Cost Classification Use only for re --- ----..- -.----.-.-T--.-~ Latest Approved Amount 2 Preliminary expense 3 Land, structures right of way 4 Architectural engineering basIc fees 5 Other architectural engineering fees 6. Project Inspection fees 7 _and development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10 Demolition and removal 11 Construction and project Improvement 12. Equipment (Runway Sweeper) 13. Miscellaneous 14. Total (Lines 1 through 131 15. Estimated Income (if applicable) 16. Net Project Amount (Une 14 minus 15) 17. Less Ineligible Excluslonf. 18. Add: ContingenCies 19. Total Project AmI (Excluding Rehabiiitation Grants 20. Federal Share requested of i_ine 19 21. Add Rehabilitation 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) s =A.A F ')rrn ~,1 00-1 00 SlJPERS;:JES FA FORM 51 1 C:'4C-;ES 1 n-i~l 7 Page 4 -~ U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 SECTION C - EXCLUSIONS Casslficatlon Ineligible for Participation (1 ) Excluded from Contingency Provision (2) 26 a. $ $ b. c. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27 Grantee Share a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f Non Cash g. Other (Explain) Airport Reserves ------- -_._.._.._._-~ ------ h. TOT AL- Grantee share 28 Other Shares a. State $467,815. b. Other c Total Other Shares 29. TOTAL $467,815. SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) "AA Furm 5100-100 !6.71' SUPERSt'DES r::A.,. FORM 51JO.1)>\c;ES 1 THi~,- 7 Page 5 PART IV PROGRAM NARRATIVE STATEMENT Rehabilitate West GA Apron, Phase I; Rehabilitate Air Carrier Apron Areas; Rehabilitate Taxiway "B", Phase I; Rehabilitate Taxiway "E", Phase I; Improve Airport Drainage, Phase V; Acquire Runway Sweeper; Conduct Planning Study (Benefit/Cost Analysis To Extend Runway 13/31); and Rehabilitate Runway 17/35 CORPUS CHRISTI INTERNATIONAL AIRPORT PROJECT DESCRIPTION: Grant 38 will include the following items: Rehabilitate West GA Apron, Phase I; Rehabilitate Air Carrier Apron Areas; Rehabilitate Taxiway "B", Phase I; Rehabilitate Taxiway "E", Phase I; Improve Airport Drainage, Area 5, Phase I; Acquire Runway Sweeper, Conduct Planning Study (Benefit/Cost Analysis To Extend Runway 13/31); and Rehabilitate Runway 17/35. BACKGROUNDS: Rthabilitate West GA Apron, Phase I: Rehabilitate West GA Apron, Phase I includes the design for the removal of approximately 51,000 square yards of damaged asphalt apron and replacing it with reinforced concrete. The existing apron has shown signs of base failures and pumping and is need of replacement. This apron serves the Mercury Air FBO and is essential for maintaining service to GA aircraft Rtlhabilitate Air Carrier Apron Areas: Rehabilitate Air Carrier Apron Areas Project includes removing and replacing areas of the commercial apron that have encountered base failures and have become a safety issue for CCIA. This includes removing and replacing approximately 150 square yards of concrete apron; removing approximately 2200 square yards of asphalt apron and replacing it with concrete; and the removal and replacement of approximately 3800 square yards of asphalt parking area. R-"abilitate Taxiwav "B", Phase I: The taxiway IS showing signs of deterioration due to age and usage. It is the parallel taxiway for our primary runway. Although maintained in accordance with our approved pavement maintenance program, the taxiway needs to be milled and overlayed to extend its useful service life. It will require rehabilitation in the form of an asphalt overlay and repair of any base failures. Rllhabilitate Taxiwav "E", Phase I: TaKiway E connects our two pnmary taxiways, providing for routing of aircraft to avoid - commercial apron traffic and a direct route for responding ARFF units. It is showing signs of deterioration. Although maintained in accordance with our approved pavement maintenance program, the taxiway needs to be rehabilitated to ensure rapid ARFF response and extend its useful life. It will require rehabilitation in the form of an asphalt overlay and repair of any base failures I..,rove Airport Drainage, Phase V: Airfield Drainage Phase 5 will continue improvements to the mid-field drainage areas following the Airport Drainage Study. Designed to meet a 25-year storm event, work will include increasing storm water channel and culvert capacities. New headwalls will be installed and re-grading will occur as necessary. This work is coordinated with the Phase 4 Drainage Improvements by increasing storm water runoff capacity in the mid-field areas. Aeauire Runwav Sweeper: CCIA currently has one airfield sweeper that is 13 years old and in need of replacement. Due to our salt air climate, and in spite of constant preventive maintenance to ward off rust, the hopper is at the point of falling apart. The hydraulic pumps are in need of complete replacement and the fan housing manifold is also worn out. The air switch that sends the unit from suction to blow mode is also in need of replacement, as is the suction head on the bottom of the unit. It has been determined that, (due to extremely high costs of replacement parts), a complete refurbishment of this unit would cost at least $100,000.00; and we would still have a thirteen year old truck and chassis. Also, to perform a refurbishment would be quite time consuming and costly, leaving us either to rent or be with out required equipment. (Upper Unit hour meter: 2974; Lower Unit hour meter 3255).. This sweeper will be replaced with a new airfield vacuum sweeper The replacement of this sweeper is necessary to provide the continuous FOD (Foreign Object Debris) maintenance required within the Airport Operations Area (AOA). C4tnduct Plannina Study (Benefit/Cost Analvsis To Extend Runwav 13/31: The Benefit/Cost Analysis is reqUired to provide justification for the Runway 13-31 extension project This project will lengthen runway 13-31 from 7,508 to 9,000 linear feet and extend parallel Taxiway "B" to the northwest by 1 ,492. Such an extension is necessary to accommodate air cargo aircraft with minimum or no payload penalties. Adjoining taxiways and relocation of FAA navigational aides are included in this project. An environmental impact study must be conducted prior to the construction of this extension project Rfhabilitate Runwav 17-35: This is a two phased project. Phase I included the design phase, consisting of soils testing, surveying, and design. Phase II will consist of the actual construction. The scope forthis project includes construction of 25' asphalt shoulders, replacing airfield lighting and sifnage, blast pad resurfacing and drainage improvements. In order to facilitate the prevention of premature pavement deterioration/failure caused by drainage problems as those 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. Rlmway 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 CCIA'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 West GA Apron, Phase I: Design Surveying Geotechnical $ 223,551.00 13,356.00 3,500.00 240,407.00 Rthabilitate Air Carrier Apron Areas: C.nstruction 801,671.40 Rthabilitate Taxiwav "B", Phase I: Design Surveying Geotechnical 152,000.00 20,000.00 1 0,000.00 182,000.00 Rthabilitate Taxiwav "E", Phase I: Design SUrveying Geotechnical 66,000.00 10,000.00 8,000.00 84,000.00 Intorove Airport Drainage, Phase V: Design Stlrveying Geotechnical 125,000.00 15,000.00 10,000.00 150,000.00 ~nwav Sweeper: ECluipment 149,481.00 Benefit/Cost Anal sis To Pfenning Study 75,000.00 -. - Rithabilitate Runwav 17.35: Censtruction 8.141,555.60 $9,824,115.00 TOTAL CCIA CONTRIBUTION - 5% ($9,824,115.00) = $ 467,815.00 FAA CONTRIBUTION - 95% ($9,824,115.00) = $9,356,300.00 -. -, U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS City of Corpus Christl Corpus Christi International AIrport 3-48-0051-3!-~ (Sponsor ;Airport) (Project Number) (Work Descnption)Rehabilitate West GA Apron, Phase I; Rehabilitate Air Carrier Apron Areas; Rehabilitate Taxiway "B", Phase I; Rehabilitate Taxiway "E", Phase I; Improve Airport Drainage, Phase V; Acquire Runway Sweeper; Conduct Planning Study (Benefit/Cost Analysis To Extend Runway 13/31); and Rehabilitate Runway 17/3E Tile 49; United States Code, section 471 05(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 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. A list of current advisory circulars with specific standards for design or construction of airports as well as procurement/installation 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 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 standards. 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set forth in the advisory circulars, or State standard. is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least two manufacturers can meet the specification. 3. The development included (to be included) in the plans is depicted on the airport layout plan approved by the FAA 4. Development that is ineligible for AlP funding has been (will be) omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in 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 [gJ o o [8J D D [gJ o D [gJ D D k8J o o [gJ o D [gJ o o 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, ~ o o ~ o o 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 Christl (Name of Sponsor; /~A" J i_-~/~-"", uk (Signature of Sponsor's Designated Official Representative) Dave Hamrick (Typed Name of Sponsor's Designated OffiCial Representative) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) 08f09/06 (Date' -.- U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ~RPORTIMPROVEMENTPROGRAM SPONSOR CERTIFICATION EQUIPMENT/CONSTRUCTION CONTRACTS City of Corpus Christi Corpus Christi International Airport 3-48-0051-38-06 (Sponsor) AIrport) (Project Number) Rehabilitate West GA Apron, Phase I, Rehabilitate Air Carrier Apron Areas; Rehabilitate Taxiway "8", Phase ,Rehabilitate Taxiway "E", Phase I; Improve Airport Drainage, Phase V; Acquire Runway Sweeper; Conduct Planning Study (Benefit/Cost Analysis To Extend Runway 13/31); and Rehabilitate Runway 17/35. (Wor~ OescriptlJn) Titte 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 unCller 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 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 standards. 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. engineenng supervision. construction inspection, and testing. 3. The procurement was (will be) publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe ): a. The current Federal wage rate determination for all construction projects, and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was (will be) obtained from FAA prior 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. Ufe cycle costing is a factor in selecting the lowest responsive bidder, or d. Proposed contract prices are more than 10 percent over the sponsor's cost estimate. ......... .-- Yes No N/A [gJ o o [gJ o o [gJ o o [gJ o o [gJ o o 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 those r8J 0 0 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 r8J 0 0 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 r8J 0 0 Federal wage rate determination: and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain (will contain) appropriate clauses from 41 CFR Part 60 for r8J 0 0 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 r8J 0 0 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 r8J 0 0 doing business with any U.S. Department of Transportation (DOT) element and appearing on the DOT Unified List. I cElil1ify, 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) // C--a~'z zla--?->-~' (Signature of Sponsors Designated Official Representative) Dave Hamrick (Ttped Name of Sponsor's Designated Official Representative) Di.-~~9r of Aviation (Typed Title of Sponsor's Designated Official Representative) 0009/06 mate --~ U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS City of Corpus Christl Corpus Christi International Airport Sponsor) (Airport) 3-48-0051-38-06 (Project Number) (WOrk DescnptlOn) Rehabilitate West GA Apron, Phase i; Rehabilitate Air Carrier Apron Areas; Rehabilitate Taxiway "8", Phase I; Rehabilitate Taxiway "E" Phase I; improve Airport Drainage, Phase V; Acquire Runway Sweeper: Conduct Planning Study (Benefit/Cost Analysis To Extend Runway 13/31); and Rehabilitate Runway 171'35 Title 49. United States Code, section 471 05(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 selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 1836. 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 complving with all applicable statutory and administrative standard. 1. Solicitations were (will be) made to ensure fair and open competition from a Wide area of interest. 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations 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, prior 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. e. 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. Page 1 .............~ Yes No N/A 19] o o 19] o o 19] o o 19] o o 19] o o [gJ o o Yes No N/A 7. Mandatory contact provisions for grant-assisted contracts have [SJ 0 0 been (will be) included in consultant services contracts. 8. fhe cost-plus-percentage-of-cost methods of contracting [SJ 0 0 prohibited under Federal standards were not (will not be) used. 9. !f the services being procured cover more than the single grant project referenced in this certification, the scope of work was [SJ 0 0 (will be) specifically described in the advertisement, and future work will not be initiated beyond five years 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 I ex.. d'C :Xi~~H A (Signature of Sponsor's Designated Official Representative) Dave Hamrick (Typed Name of Sponsor 5 Designated Official Representative) Director of Aviation 'Typed Title of Sponsor's'Jesignated OffiCIal RepresentatIVe) 08i09/06 iDate) Page 2 C,f " - _.~ ASSURANCES Airport Sponsors A General. 1. These assurances shall De compiled with In the performance of grant agreements for airport deveiopment, airport plannrng, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting fundsmder the prOVISions of Title 49, use., subtitle VII, as amended. As used herein, the term "::Jublic agency sponsor" means a public agency with control of a public-use airport; the term "':Jrlvate sponsor" means a prtvate owner of a public-use airport; and the term "sponsor" includes both pUblic agency sponsors and pnvate sponsors. 3. Upon acceptance of the grant offer by the sponsor these assurances are incorporated in and Decome part of the grant agreement. B. Duration and Applicability. 1 Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms. conditions and assurances of the grant agreement shall remain In full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or nOise compatibility program project, or throughout the useful life of the project itemsnstalled within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project However. there shall be no limit on the duration of the assurances regarding ExclUSive Rights and A.irport Revenue so long as the airport is used as an airport. There snaP be nc limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds ;::urthermore. the duration of the Civil Rights assurance shall be specified In the assurances 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed Within a facility or the useful life of the facilities developed or equipment acquired unaer an airport development or noise comoatibility program project shall be no less than ten 10: years from tne date 0" acceptance of ;::ederal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only A.ssurances 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. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will compiy with all applicable Federal laws, regulations, executive orders policies. gUidelines, and requirements as they relate to the application, acceptance and Jse of Federal funds for thiS project Including but not limited to the following: Federal Legislation d ntle 49, U SC subtitle Vll. as amended. )avls-Bacon Act - 40 U.S C 276(a). et sea.' ;::ederal Fair Labor Standards Act - 29 U.S.C. 201, et sea. (j -latch Ac: - 5 US.C 150'1, et sea.2 e Jniform Relocation ASSistance and Real Property Acquisition Policies Act of 1970 Title 42 US.C 4601, et sea: 2 '\latlonal Hlstonc Preservation Act of 1966 - Section 106 - 16 U.S.C 470(f).1 Airport Assurances (9/99 ~ ~ '~ Archeoioglcai and Histone Preservation Act of 1974- 16 U.S.C. 469 through 469c' ~ative Amencans Grave Repatnation Act - 25 U.S.C Section 3001, et sea. Clean AlrA.ct P L 90-148 as amended, : oasta! Zone Management Act. P L 93-205, as amended. FOOd Disaster Protection A.ct of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 ':tle 49 ,U S.C Section 303, (formerly known as Section 4(f)) F-ehabilitatlon Act of 1973 29 U.SC 794, Civil Rights Act of 1964 - Title VI - 42 U.S.C, 2000d through d-4. Age Discnminatlon Act of 1975 - 42 U.S.C, 6101, 8t sea. ,American Indian Religious Freedom Act, P.L 95-341, as amended. Architectural Barriers Act of 1968 -42 U.S.C, 4151, et sea.1 Fower plant and Industnal Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 c.ontract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.1 Copeland Antiklckback Act - 18 U_S.C 874,' National Environmental Policy Act of 1969 - 42 U.S.C. 4321. et sea.1 Wild and Scenic Rivers Act. P.L. 90-542, as amended. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2 Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706. p '<. n r c ~ c s l- " It. ~ Executive Orders Federal Regulations '4 CFR Part 13 - Investigative and Enforcement Procedures. ; 4 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement oroceedings 4 CFR Part 150 - Airport noise compatibility planning. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 29 CFR Part 3 - Contractors and subcontractors on public building or public Nork financed ;n whole or part by loans or grants from the United 5tates.1 29 CFR Part 5 - Labor standards provisions applicable to contracts covering -ederally financed and assisted construction (also labor standards provisions 3pplicable 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 ::mpioyment Opportunity Department of Labor (Federal and federally assisted ~ontracting requIrements),' 49 CFR Part 18 - Uniform administrative requirements for grants and ~ooperatlve 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 Uniform relocation assistance and real property acquisition for =ederal and federally assisted programs.' 2 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 Construction 1 Executive Order 12898 - Environmental Justice d ':: ~. Aimon Assurances (9/99' 2 - ,-- Tit 4S; CFR Pan 26 Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. 49 CFR Pan 27 Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance. 1 49 CFR Par: 29 30vernment wide debarment and suspension (non- ::Hocurement) arc government wide requirements for drug-free workplace I crants I 4~:J CFR Par'. 3C . Denial ot public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. 4<:) CFR Par: 4' - Seismic safety of Federal and federally assisted or regulated flew building construction Office of Management and Budget Circulars a A -87 - Cost PrinCiples Applicable to Grants and Contracts with State and Local Governments. D A.133 - Audits of States, Local Governments. and Non-Profit Organizations These laws do not apply to airport planning sponsors. . These laws do not apply to private sponsors 49 CFR Part 18 and OMS Circular A-87 contain requirements for State and Local Governments receiving Federai assistance. Any requirement levied upon State and Local30vernments 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. 2. Responsibility and Authority of the Sponsor. a Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's oovernlng body authorizing the filing of the application, including all ~mderstandings 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 rnay be required t 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, ncluding all understandings and assurances contained therein; to act in :onnection witr' this application: and to provide such additional information as 'nay be reqUired 3. Sponsor Fund Availability. It has suffiCient funds available for that portion of the project costs which are not to De 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. d t, a public agency or the Federal government, holds good title, satisfactory to 'he Secretary. to the landing area of the airport or site thereof, or will give 3ssurance satisfactory to the Secretary that good title will be acquired. AirportAssurances (9/99) 3 D For nOise compatibility program projects to be carried out on the property of the sponsor. it nolds good title satisfactory to the Secretary to that portion of the property upon wnlch Federal funds will be expended or will give assurance to tre Secretary tha1 good title will be obtained 5. Preserving Rights and Powers. a It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances In the grant agreement without the written approval of the Secretary. anc will act promptly to acquire, extinguish or modify any outstanding nghts or claims of right of others which would interfere with such performance 0/ the sponsol This shall be done In a manner acceptable to the Secretary. D It will not sell, lease. encumber, or otherwise transfer or dispose of any part of Its title or other Interests in the property shown on Exhibit A to this application or, fer a nOise compatibility program project, that portion of the property upon which Federal funds have been expended. for the duration of the terms, conditions, a:ld assurances In the grant agreement without approval by the Secretary. If tre 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 saonsor's Interest. and make binding upon the transferee all of the terms, cJnditlons and assurances contained In this grant agreement. c For all nOise compatibility program projects which are to be carried out by another unit of local 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 snail 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 Lndertake the nOise compatibility program project That agreement and ~nanges tnereto must be satisfactory to the Secretary, It will take steps to enforce thiS agreement against the local government if there is substantial non- compliance wltr the terms of the agreement c ;: or nOise compatibility program projects to be carried out on privately owned croperty, 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 cgreement against the property owner whenever there is substantial non- e ompilance witr the terms of the agreement e I' the sponsor :s a private sponsor. it will take steps satisfactory to the Secretary to ensure that tne airport will continue to function as a public-use airport in dccordance with these assurances for the duration of these assurances, I' 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 :)e operated and maintained In accordance Title 49, United States Code, the 'egulatlons anc the terms conditions and assurances in the grant agreement .md shallnsure that suer arrangement also requires compliance therewith. 6. Consistency with Local Plans, The project IS reasonably consistent with plans (existing at the time of submiSSion of thiS application) of public agencies that are authorized by the State in which the DroJec' IS iocated te pian for the development of the area surrounding the airport, Airport Assurances (9/99) 4 - 7 Consideration of Local Interest. It has given fair consideration to the interest of communities r or near where the proJec~ 'nay be locatee 8. Consultation with Users. in maKing a deCISion to undertake any airport development project Jnder Title 49 United States Code it has undertaken reasonable consultations with affected :::lartles JSing the cllrport at which project is proposed. 9. Public Hearings. In projects Involving the location of an airport, an airport runway, or a major runway extension it has afforded the opportunity for public hearings for the purpose of conSidering the economic. soclai, and environmental effects of the airport or runway location and ,ts consistency with goals and objectives ot such plannmg as has been carried out by the community and it shall when requested by the Secretary, submit a copy of the transcript of such nearlngs 10 the Secretary. Further for sucn projects, It has on its management board either voting representaTion from the communities where the project is located or has advised the communities that they nave the nght to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects InvolVing airport location, a major runway extension or runway location It will provide for the Governor of the state in which the project is iocatee to certify In writing to the Secretary that the project will be located, designed, constructed. and Jperated so as to comply with applicable air and water quality standards. In any case where such standaras have not been approved and where applicable air and water Quality standards have beer: promulgated by the Administrator of the Environmental Protection Agency. certification snail De obtained from such Administrator Notice of certification or refusal to certify shall be :xovlded within sixty days after the project application has been received by the Secretary 11. Pavement Preventive Maintenance. Witn respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has Implemented an effective airport pavement maintenance-management program and it assures that It will use such program for the useful life of any pavement constructed, reconstructed or repairec With Feaeral financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which Include terminal development at a public Jse aimor:. as defined in Title 49. it has. on the date of submittal of the project grant application all the safety eqUipment required for certification of such airport under section 44706 of Title 49. United States Code. and all the security equipment required by rule or regulation, and nas proVided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning anc deplaning frorT aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. C'. it shall keep all project accounts and records which fully disclose the amount dnd disposition by the reCipient of the proceeds of the grant, the total cost of the ;)roject In connection with which the grant is given or used, and the amount or lature of that portion of the cost of the project supplied by other sources, and i;uch other financial records pertinent to the project. The accounts and records ;hall De kept Ir accordance with an accounting system that will facilitate an ~ffectlve audit r accordance with the Single Audit Act of 1984. t shall maKe available to the Secretary and the Comptroller General of the Jnited States or any of tneir duly authorized representatives, for the purpose of audit and examination. any books, documents, papers, and records of the -eciplent that are pertinent to the grant The Secretary may require that an 3ppropnate audit be conducted by a recipient. In any case in which an ndependent audit is made of the accounts of a sponsor relating to the jispositlcr of tne proceeds of a grant or relating to the project in connection with Nhlcr the grant was given or used. it shall fiie a certified copy of such audit with Airport Assurances (9199 :; - .- the Comptroller3eneral of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shallmclude. In all contracts In excess of $2,000 for work on any Drojects funded under the grant agreement which involve labor, provisions establishing minimum oates of wages to De predetermined by the Secretary of Labor. in accordance with the Davis- Bacon '::"'c', as amended (40 use 276a-276a-5). which contractors shall pay to skilled and Jnskillec300r and such minimum rates sr\all be statec in the Invitation for bids and shall be ncluded n Droposals or Dlas for tne work 15. Veteran's Preference. It shall Include in ali contracts for work on any project funded under the grant agreement which ;nvoive 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 \/eterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49. Unltec States Code However. this preference shall apply only where the individuals are availaole and qualified to perform the work to which the employment relates. 16. 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 incorporatec 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. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at thE construction site throughout the project to assure that the work conforms to the plans specifications, and schedules approved by the Secretary for the project. It shall subJec~ the const~uction work on any project contained in an approved project application to Inspection and approvai 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 cas', anc progress reporting by the sponsor or sponsors of such project as the Secretary shaH deen- necessary 18. Planning Projects. In carrYing out planning projects ; '. will execute the project in accordance with the approved program narrative :ontained in the project application or with the modifications similarly approved. ,r will furnish the Secretary with such periodic reports as required pertaining to the piannlng project and planning work activities. t will Include If all published material prepared in connection with the planning :Jroject a 'lotice that the material was prepared under a grant provided by the Jnited States t will make such matenal available for examination by the public, and agrees 'hat no matenal prepared with funds under this project shall be subject to ~opYrlght 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 rlgnt to disapprove the proposed scope and cost of professional services A.irport Assurances (9/991 6 .......' I: Nill gram the Secretary the right to disapprove the use of the sponsor's employees to dO all or any part of the project It Jnderstands anc agrees that the Secretary's approval of this project grant or the Secretary'~ approvai of any planning material developed as part of this grant aues not constitute or Impiv any assurance or commitment on the part of the Secretary tJ aoprove any Dending or future application for a Federal airport g'ant 19. Operation and Maintenance a T,e airport and ail facilities which are necessary to serve the aeronautical users o. 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 mlnlmurr standards as may be required or prescribed by applicable Federal state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use fer airport purposes. It will suitably operate and maintain the airport and all facilities thereor or connected therewith, with due regard to climatic and flood c,mditlons Any proposai to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary, ir furtherance of this assurance. the sponsor will have in effect arrangements frr- {1 Operating the airport's aeronautical facilities whenever required; (2 Promptly markmg and lighting hazards resulting from airport ccmditlons Including temporary conditions; and (3 Promptly notifying airmen of any condition affecting aeronautical use O' the airport. l\iothing contained herein shall be construed to require that the airport be ooerated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoratior:, or reolacement of any structure or facility which is substantially camaged or oestroyed due to an act of God or other condition or circumstance beyond the control of the sponsor t: I' will suitably ooerate ana maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended, 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is reauired 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 iighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It wil' taKe appropnate action. to the extent reasonable, including the adoption of zoning laws, to restnct 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,t will not :ause 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 Deen expended 21. Economic Nondiscrimination. " t will make the airport available as an airport for public use on reasonable terms 3nd without unlust discrimination to all types, kinds and classes of aeronautical Airport Assurances (9/99\ 7 ~' activities. Including commerCial aeronautical activities offering services to the puolic aT the alroon , 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 Ir any aeronautical activity for furnishing services to the public at the airport. the SDonsor will Insert and enforce provisions requiring the contractor co- i ~ furnish said services on a reasonaole. and not unjustly discrim inatory, basis to all users thereof. and 12 charge reasonable, and not unjustly discrrminatory, 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 operator at the airport shall be subject to the same rates, fees, rentals. and other charges as are uniformly applicable to all other fixed-based oDerators making the same or similar uses of such airport and utilizing the same or slmiiar facilities G Each air carner JSlng such airport shall have the right to service itself or to use any fixed-based operator that is authorrzed or permitted by the airport to serve any air carrier at such airport. e Each air carrier uSing such airport (whether as a tenant, nontenant, or subtenant 0' another air carrier tenant) shall be subject to such nondiscriminatory and substantiaily 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 c:assifications such as tenants or nontenants and signatory carriers and nansignatory carners. 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 c:assificatlon or status. I' will not exercise or gram any rrght or privilege which operates to prevent any person. firm, or corporation operating aircraft on the airport from performing any services or, its own aircraft with its own employees [including, but not limited to rlaintenance reDalr. and fueling] that it may choose to perform. the event the sponsor Itself exercises any of the rights and privileges referred tJ 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 DrOVISlons -'he 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. -he sponsor may prohibit or limit any given type, kind or class of aeronautical lse of the airport if such action IS necessary for the safe operation of the airport Jr necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will :Jermlt no eXClUSive rrght for the use of the airport by any person oroviding. or intending to Jrovlde aeronautical services to the public. For purposes of this Airport Assu ra nces (9/99) 8 Daragrapr the providing ot the services at an airport by a Single fixed-based operator shall not De construed as an eXClUSive ngnt if both of the following apply a It would be unreasonably costly, burdensome, or Impractical for more than one fixed-Dased operator to proVide sucr, services, and J If allowing more than one fixed-based operator to provide such services would reqUire the reduction of space leased pursuant to an existing agreement between such 31ngle fixed-based operator and such airpon.. it further agrees that it will lOt. either directly or Indirectly, grant or permit any person, firm, or corporation, the exclUSive right at the airport to conduct any aeronautical activities, including, but not Ilmitec to charter flights, pilOl training, aircraft rental and Sightseeing, aerial photography, crop dusting, aerial advertising and surveYing, air carrier operations, aircraft sales and services, sale of aViation petroleum Jroducts whether or not conducted in conjunction with other aeronautical a ctlV' ty , repair ana mamtenance of aircraft, sale of aircraft parts, and any other activitieswhlcn because at their direct relationship to the operation of aircraft can be regarded as an aeronauticai activity. anC that it will terminate any exclusive right to conduct an aeronautical activity now eXlstng at suer an armort before the grant of any assistance under Title 49, United States:'ode 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the CIrcumstances eXisting at the particular airport, taking into account such factors as the volume of traffic ana 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 Alroor andA.irway 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, am1 charges for users of that airport 25. Airport Revenues. a All revenues generated by the airport and any local taxes on aviation fuel established after December 30. 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are 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 tne owner or operator of the airport, or provisions enacted before September 3, 198~ in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, Including the airport to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of al revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply As part of the annuai audit reqUired under the Single Audit Act of 1984, the sponsor will oirect 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 !ndlcating whether funds palo 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 A,drr Inlstrato, Any civil penalties or other sanctions will be Imposed for violation of this assurance r a,;cordance Witt' the proviSions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It wil' Airport Assurances (9199) 9 - ~.- a sUbm,t to the Secretary sucn annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the punile make available to the public at reasonable times and places a report of the airport budget T a format prescribed bv the Secretary; ::J for aIrport development projects, make the airport and all airport records and docunents affecting the airpor" 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 comoliance 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 d In a format and lime prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, 'an annual report listing in detail i) all amounts paid by the airport to any other unit of government and the purposes for whIch each such payment was made; and ii) all services ant property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for iJse by Government aircraft in common with other aircraft at all times without charge except, if the use by Government aircraft is substantial, charge may be made for a reasonable share proportional to such use, for the cost of operating and maintaining the facilities used Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the Jsing agency. substantial use of an airport by Government aircraft will be considerec to eXist when operations of such aircraft are in excess of those which, in the opinion of the Secretary would unduly Interfere with use of the landing areas by other authorized alrcrar, or dunng any calendar month that, =ive (5) or more Government aircraft are regularly based at the airport or on ,and adjacent thereto: or -~he total number of movements (counting each landing as a movement) of :.overnment aircraft IS 300 or more, or the gross accumulative weight of :.overnment aircraft USing the airport (the total movement of Government i'lIrcraft multiplied by gross weights of such aIrcraft) is in excess of five million uounds 28. Land for Federal Facilities. It WIll furnIsh without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water. or estate therein. or nghts In buildings of the sponsor as the Secretary considers necessary or desirable for const~uction. :Jperatior and maintenance at Federal expense of space or facilities for such purposes Sucr areas or any portion thereof will be made available as provided herein within fow 1T:0rths afte receipt of a written reauest from the Secretary 29. Airport Layout Plan ~ t will keep up to date at all times an airport layout plan of the airport showing (1) Joundaries of the airport and all proposed additions thereto, together with the Joundaries of all offsite area.s owned or controlled by the sponsor for airport :Jurposes and proposed additIons thereto: (2) the location and nature of all ~xlstlng and oroposed airport facilities and structures (such as runways, Airport Assurances (9/99 10 - ta.<lways, aprons terminal Duiidlngs. hangars and roads), including all proposed extensions anc reductions of eXIsting airport facilities; and (3) the location of all eXIsting and proposed nonavlation areas and of all existing improvements thereon Such airport layout plans anC each amendment, revision, or m :::>dification thereof shall be subject to the approval of the Secretary which auproval shall Je evidenced by the signature of a duly authorized representative 0' the Secretary 'In the face of the aIrport layout plan. The sponsor will not rr:ake or permi: any changes or alterations In the aIrport or any of its facilities w'llch are not In::::onformlty 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 :J 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, ieased, or funded property on or off the airport and which is not Ir 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 ad costs of restonng such property (or replacement thereof) to the level of safety. utility, efficiency, ana cost of operation existing before the unapproved c',ange In 'he :wport or its facilities 30. Civil Rights. It will comply witn such rules as are promulgated to assure that no person shall, on tne grounds of race creed, coior, national ongln, sex, age, or handicap be excluded from oartlcipatlng In any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program except where Federal financial assistance is to provide, or is in the form of personal :>roperty or real property or Interest therein or structures or improvements thereon Ir whlch~ase the assurance obligates the sponsor or any transferee for the longer of the follOWing pen ods (a) the perIod during which the property is used for a purpose for which ==edera! financial assistance is extended, or for another purpose involving the provision of similar services or beneNs, or (b) the Derlod dUring which the sponsor retains ownership or possession of the property 31. Disposal of Land. c For land purchased under a grant for airport noise compatibility purposes, it will Cllspose of the land, when the land is no longer needed for such purposes, at fair narket value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition uf such land will. at the discretion of the Secretary, 1) be paid to the Secretary 1'Jr deposllln the Trust Fund, or 2) be reinvested in an approved noise ompatibility prolect as prescribed by the Secretary. 1) For land purchased under a grant for airport development purposes (other :nan nOise compatibility),t will, when the land is no longer needed for airport :lurposes. dispose of such land at faIr market value or make available to the ;ecretary an amount equal to the United States' proportionate share of the fair narket value 0+ the land That portion of the proceeds of such disposition which s proportIonate to the United States' share of the cost of acquisition of such and will. a) upon application to the Secretary, be reinvested in another eligible 3irport Imorovement project or projects approved by the Secretary at that airport x within the 'latlonal airport system, or (b) be paid to the Secretary for deposit n the Trust Fund if no eligible project exists 2) Land shall be considered to be needed for airport purposes under this 3ssurance if a)!t may be needed for aeronautical purposes (including runway JrotectlDr zones or serve as nOise buffer land, and (b) the revenue from interim Airport Assurances (9'99 11 ..... uses of suer' 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 'he Secretary or :=ederal agency making such grant before December 31, 1987 was 'lotified by the oDerator or owner of the uses of such land, did not oDJect to such Jse. and the iand continues to be used for that purpose, such use having c.ommenced no later than December ~ 5 1989, DJspositlon of suCh land under (a) or (b) will be subject to the retention or reservation of any Interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated w'th operation of the airpor 32. Engineering and Design Services. It will award each contract, or sub-contract for program l1anagement, 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 I~ negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or ar equivalent qualifications-based requirement prescribed for or by the sponsor of the airport 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any DrOJect which uses any product or service of a foreign country during the period in whicn sucr foreign country is listed by the United States Trade Representative as denying fair and equltaDle market opportunities for products and suppliers of the United States in procurement and ~onstructlon 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies. standards, and specifications approved by the Secretary including but not limited to the adVISOry circulars iisted 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 35. Relocation and Real Property Acquisition. (1) It will be gUided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will payor reimburse oroperty owners for necessary expenses as specified in Subpart B (2) It will provide a relocation assistance program offering the services described in SubDar: C and fair and reasonable relocation payments and assistance to displaced persons as requlrec In SUbpart D and E of 49 CFR Part 24 (3) It will make available within a reasonable pencd of time prior to displacement, comparable replacement dwellings to displaced persons in accorcance with 3ubpart E of 49 CFR Par: 24 36. Access By Intercity Buses. Tne 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,t has r') obligation to fund special facilities for intercity buses or for other modes of transportation 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color national Origin or sex !n 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 discrImmatlon in the award and administration of DOT-assisted contracts. The recipient's DBE program as reqUired by 49 C~R Part 26, and as approved by DOT, is incorporated by reference In thiS agreemen: Implementation of this :Jrogram 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 Pan 26 and may, Ir aporopriate cases, refer the matter for enforcement under 18 U.S.C, 100' and:or the :::>rogram :::rauc2lvil Remedies Act of 1986 (3~ U.S.C. 3801), A.irportAssurances (9/99 12 ............--~--..- - / I "'= k1r ~ ~ j ih/ ~, ~\'~~ I \ \ ir.\ ~ ~ .. tth Pf~ _. c_ l -.+- ) / .~i. ' HI I" II' . ~ ! ".' " w Z ....J >- a:: <( o z ::::> o co ~ i .--l- .1 ,i.i' . i i I' ~I 51' ,w lor i I ~:; / --,.:' ,JCr fi-// ~. ~, 'i~fA:/ - -::/". 1 f . 41/ .~ ~ /", rY/ ~ ~ ,,; ~ ' , J \ . \ \ , \ , ' ~ .J m" . ~ . ~ .j' ~ , , I f- '~'f:li' -- I ~'" ~ iii ' i " (~ rJ- ... .tp~i . ~ i~l~ Ii /<v: ~ 1/......,..., . F( 0' - >F l I I ; i 1'1 ,~ '1': 1 ~'j lli -''''i-~--- ,f!'f // --,.,~--~-- ~ ; ~ i ~ J 'r Ll"... -,--~ ", .J .1 : . ~ - 'I ~ Ii ~ : i, ! : l~! / I +.j. ~};~-I , ! i~ ~ / i li ~ I . I ~ ~ : ~ c I i ~ I ~ ~ , ~ ~ .P =---'=- <( I-- co ~ ~ "?' z ~ ~ z L, W (3 cr c C' u:, >- I-- a::,;':t WI"'z 0...<6 o ZU a::,~ L. 0... c,,~ ~~ Cl~ ilL'O !~> - z '" nJ en '" (;, ~, ~ ~ VJ U v' j <..) ~, W ~ C) :0 " 7 z '" ~ "I ~< ~: ~ I~ :17 ~~: !~ ~!fi~ ~:a INiirl~1 i [ ii' Iii i : 5,1 : I ;" l ';tW'; ';i I, Ii : -I i_II] :> Il. ~ I , 0:: : , ~! rt. t ~I~ ~ ~ ,~I i I~I o j S. Depo"~.,' TranspcrJo"cr, Fe_rei Aviation Administration :.>outhwest ''\eglor Fort Worth, Texas 76193-0650 c,irports Di\Slor ~. f.xas Airport; Deveiopfl1ent Office All' The Honorable Hemv Garre! Mayor of Corpus Chn-;tl P. O. Bo~. 9277 Corpus Christi. Texa> 78469927- Dear Mayor Garrett: Enclosed are the onginal and one copy orthe grant offer for Project No. 3-48-0051-038- 2006, v.'hich consists of Rehabilitate West GA Apron, Phase I, Rehabilitate Air Carrier Apron Areas, Rehabilitate TaxIway B. Phase 1, Rehabilitate Taxiway E, Phase I, Improve Airport Drainage, Phase \ . Acquire RUl1\vay Sweeper, Conduct Planning Study (BenefiuCost Analvsis To Extend Runway 13/31 I, and Rehabilitate Runway 17/35 at Corpus Christi International AlrpCI1, Corpus Chnstl, Texas. Please accept by resolution of the governIng body of 111e elt) and return the original to this office on or before August 28,2006. The copy IS for your files. Note that the attorney"; certificate should not be dated prior to the acceptance date. We espeCIally direct your .1ttentJon 10 Assurance \lo. 25, "Airport Revenue." By acceptance of this grant offer,vou are assuring the Federal government that all airport revenues are being llsed only f~)r airport purpuses or other tL.ll1sportmion purposes identified in this assurance. fhis applies to aeronauticd lease revemk' as well as nonaviation uses of airport property, such a:-, IndustriaL n::crcatunat. ur .tgricuitural In order w issue thiS grant we arc required by the "Jational Environmental Policy Act to make a deternlinatlon of the environment Impacts on this proposed project. We have made a categorical exclusion fron the reqUIrement of formal environmental assessment. IfyoLl ha Vt: an) que~tlons about the apphcabll1ty of thIS proVISIOn, please contact us at (817 i 222- ')65(1 Sincerel\ . ORIGINAL SIGNED B; Mike Nicely Manager. Texas A Irport~ Development Oftlce Enclosures (2) ~ AUG 1 5 2006 - 2 cc: !'vir )a ,c Hamfil k w u clclosu!e~ A Irpu]"1 DIrector .,Corpus ('hnstl IntematJoi1a] Al''Pnf', 1 000 lntemationa: Dnve Corpus ChnstL 1 exas 78-1-06-1 ~01 -. ,~,