HomeMy WebLinkAboutC2009-060 - 2/24/2009 - Approved
U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Southwest Region
Arkansas, Louisiana,
New Mexico, Oklahoma,
Texas
Fort Worth, Texas 76193
FEB ~ 1 2009
The Honorable Henry Garrett
Mayor of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Dear Mayor Garrett:
Your community has successfully completed all requirements and we are enclosing the
original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No.
3-48-0051-044-2009 at Corpus Christi International Airport. This letter outlines expectations
for success. Please read the conditions and assurances carefully.
To properly enter into this agreement, you roust do the following:
• Your governing body must pass a resolution to accept, your attorney must certify, and
lastly, you must execute the Grant Offer by February 20, 2009, to be valid.
• After executing, you must (immediately) return the Grant Offer marked "Original" to
us by (overnight mail) (facsimile) (regular mail).
• You keep the second copy for your files.
• (If applicable: Because over $250, 000 in paving is anticipated, you must submit, and
we must approve, your Construction Management Plan, before starting construction.)
You are authorized to use the Letter of Credit (LOC) method for securing reimbursements
directly from the Federal Treasury for completed work.
Please note Grant Condition No. 4 requires you to complete the project without undue delay.
We will be paying close attention to your progress to assure proper stewardship of these
Federal funds. You are required to make an LOC draw for allowable incurred proiect
exuenses every 30 days. When you draw funds, you must pay those bills within 72 hours.
If you fail to make draws regulazly, your grant will be placed in "inactive" status which may
impact future offers.
Until the grant is completed and closed, you are responsible for submittirrg formal reports as
follows:
• A progress report is .due January I ~, April 1 ~, July 15, and October 1 ~ detailing
activity from the preceding quarter;
2009-06o FEB 12 2009
Ord. 028085
02/24/09 __ . _ ;,..
Federal Aviation Administration
2
Construction Progress Reports (FAA Form 5370-1) are due every two weeks while
on-site construction is in progress;
A signed/dated "Statement and Distribution of AIP Project Costs" and SF 272 for the
preceding quarter's financial activity is due on January 15, April 15, July 15, and
October 15.
When completed and all costs determined, you need to quickly close the project by
submitting:
• Pre- and post-construction photographs;
• Sponsor Certification for Project Final Acceptance;
• Summary of all change orders and summary of all testing;
• Final Statement and Distribution of AIP Costs;
• Signed and certified "Outlay Report and Request for Reimbursement for
Construction Programs," (FAA Standard Form 271)
(Mr. Marcelino Sanchez, telephone no. (817) 222-5652, marcelino.sanchez~a faa.gov) is the
assigned program manager for this grant and is readily available to assist you and your
designated representative with the requirements stated herein. We sincerely value your
cooperation in these efforts and look forward to working with you to complete this important
project.
Sincerely,
ORIGINAL SIGNED By:
J. Michael Nicely
Manager, Texas Airports
Development Office
Enclosure (2)
cc: Mr. Fred Segundo
Airport Director
~/Corpus Christi Intl Airport
1000 International Drive
Corpus Christi TX 78406-1801
.l~//
~~epartment ~~~.E CQPY
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PARTI-OFFER
rty
%-tJ
Date of Offer
3-48-0051-044-_2009_
Grant No
TO:
FROM:
Cows Christi International Airport _
Airport/Planning Area
The City of Corpus Christi ,Texas
(herein called the "Sponsor')
The United States Of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated December 22, 2008, 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:
Modify Aircraft Rescue & Fire Fighting Building, Phase I
all as more particularly described in the Project Application.
FAA Form 510037 (70-89)-5100-38C 1 of 7
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification
of the representations and assurances contained in said 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
1. The maximum obligation of the United States payable under this Offer shall be $966,213.00. 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 specifed for this purpose:
$966,213.00 for airport development.
2. The allowable 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 February 20, 2009, 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 recovered by settlement, order, or
judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving
the recovery of such Federal share shall be approved in advance by the Secretary.
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. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually
needed for its disbursements and to timely reporting of such disbursements as required. It is understood that
failure to adhere to this provision may cause the letter of credit to be revoked.
10. INFORMAL LETTER AMENDMENT OF AIP 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
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation
of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely,
if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and
will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the
project, the FAA determines that a change in the grant description is advantageous and in the best interests of the
FAA Form 5100-37 (10-89)-5100-38C 2 Of 7
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 the amount specified or
the grant description is amended to the description specified.
11. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at
the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of
any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a
minimum, the program must conform with the provisions outlined below
Pavement Maintenance Manaoement Program
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 following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed,
reconstructed, or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 150/5380-5, "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. Record 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. Information 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. Reference. Refer to Advisory Circular 150!5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an
effective 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
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 authority to take necessary actions to comply with the contract.
FAA Form 5100-37 (10-89)-5100-38C 3 of 7
(2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project, together with a description of the services to be provided.
(3) Procedures for determining that testing laboratories meet the requirements of the American Society of
Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D
3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and frequency of tests to
be taken, the method of sampling, the applicable test standard, and the acceptance criteria or
tolerances permitted for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily, and that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests
performed, highlighting those tests that failed or 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 material. 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 with the proportion of applicable pavement with respect to the total pavement constructed
under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that sponsor test results are inaccurate.
13. BUY AMERICAN 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. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees
may not-
i. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or
a subrecipient that is a private entity -
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to
have violated a prohibition in paragraph a.1 of this award term through conduct that is either-
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),"
as implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency
may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity--
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have
violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either-
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our
agency at 49 CFR Part 29.
FAA Form 510037 (10-89)-5100-38C 4 of 7
• r
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation
of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended
(22 U.S.C. 7104(8)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make
to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project
or program under this award; or
ii. Another person engaged in the performance of the projector program under this award and not
compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in-kind contribution toward cost sharing or matching
requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as
those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. Afor-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings
given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
15. MAXIMUM 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 be 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.
16. UPDATE APPROVED EXHIBIT "A" FOR LAND IN PROJECT: It is understood and agreed by and between
the parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon the basis of the
current Exhibit "A" Property Map, the Sponsor hereby covenants and agrees that upon completion of the land
acquisition in this project, it will update said Exhibit "A" Property Map to standards satisfactory to the Federal
Aviation Administration (FAA) and submit said documentation in final form to the FAA. It is further mutually
agreed that the reasonable cost of developing said Exhibit "A" Property Map is an eligible administrative cost
for participation within the scope of this project.
17. AIR AND 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.
18. GRANTS ISSUED ON ESTIMATES: It is understood and agreed by and between the parties hereto that this
Grant Offer is made and accepted based on estimates for Modify Aircraft Rescue & Fire Fighting Building,
Phase I; and the parties hereby covenant and agree that within 180 days from the date of acceptance of this
Grant Offer, the Sponsor shall receive bids for projects contained within the grant description.
FAA Forth 510037 (10-89)-5100-38C 5 of 7
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
obligations 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
FEDERAL AVIATIO ADMINISTRATION
~,~.~~~
(Signature)
J. Michael Nicely
(Typed Name)
Manager, Texas Airport Development Office
(Title)
FAA Form 5100-37 (10-89)-510038C 6 Of 7
PARTII-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
foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the
terms and conditions in his Offer and in the Project Application.
Executed this day of ~~Dq
_-~L~O~_ s CG1vf
• -~, (Nam of Sponsor)
,~~~ ,~.
(SEAL)
By:
~YY~~~ ~ „ Title:
Attest: --~~"l~/~jj"-"'"_"--~~
C;,~tn ~cec-~,~-arvt
(~9'/gnafure of Sponsor's Designated Official
Representafive)
(Typed ame of Sponsor's Designated Official
C /I~' Representative)
(Typ Title of Spo rs Designated OfFcial
Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, J g as Attorney for the Sponsor do hereby certify:
That in my opinio he Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of
the State of ___~. 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 projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor. 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. 1~y1J P-
Dated at ' this ~T day of
By
Si nature of Spons 's Attorney)
OT Cdt1RCIL
SECRETARY
FAA Form 510037 (10-89)-5100380 ~ Of 7
OMB Approval No. 0348-0043
APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier
FEDERAL ASSISTANCE 12/22/2008
3. DATE RECENED State Application Identifier
1. TYPE OF SUBMISSION:
Application Pre-application
® Construction ^ Constmction 4. DATE RECENED BY FEDERAL Federal Identifier
^ Non-Construction ^Non-Construction AGENCY 3-48-0051-44-2009
5. APPLICANT INFORMATION
Legal Name: Organizational Unit:
City of Corpus Christi Department of Aviation
Address (Give city, county, state, and zip code) Name and telephone number of the person to be contacted in matters
Corpus Christi International Airport involving this application (give area code)
1000 International Drive Fred Segundo
Corpus Christi, TX 78406-1801 (361) 289-0171 X 1213
Nueces County
6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT: (enter appropriate letter in box)
7 4- 6 0 0 0 7 4 A. State H. Independent School District
- - - - - - - - - B. CounTy I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
D. Township K. Indian Tribe
8. TYPE OF APPLICATION: E. Interstate L. Individual
® New ^ Continuation ^ Revision F. Intermunicipal M. Profit Organization
G. Special District N. Other (Specify):
If Revision, Enter appropriate letter(s) in box(es): ^ ^ NAME OF FEDERAL AGENCY: Texas ADO
9
A. Increase Award B. Decrease Award .
Federal Aviation Administration
C. Increase Duration D. Decrease Duration
Other (S ecif Fort Worth, TX 76193-0610
10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTNE TITLE OF APPLICANT'S PROJECT:
ASSISTANCE NUMBER: 20.106 Modify ARFF Station, Phase I.
TITLE: Airport Improvement Program
12. AREAS AFFECTED BY PROJECT (cities,
counties, states, etc.): City of Corpus Christi,
Nueces Coun ,San Patricio Coun
13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICT OF:
Start Date: 8/01/09 Ending Date: 8/Ol/10 a. Applicant 27 b. Project 27
15. ESTIMATED FUNDING: 16. IS THIS APPLICATION SUBJECT TO REVIEW BY STATE
EXECUTNE ORDER 12372 PROCESS?
a. Federal $966,213.00 A. YES THIS PREAPPLICATION/APPLICATION WAS MADE
AVAILABLE TO THE STATE EXECUTIVE ORDER
b. Applicant $50,854.00 12372 PROCESS FOR REVIEW ON:
c. State $xx.00 DATE 7/09/08
d. Local $xx.00 B, NO ^ PROGRAM IS NOT COVERED BY E.O. 12372
e. Other $xx.00 ^ OR PROGRAM HAS NOT BEEN SELECTED BY
STATE FOR REVIEW
f. Program Income $xx.00 17. IS THIS APPLICATION DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL $1,017,067.00 ^ YES If "yes", attach an explanation ®NO
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND
CORRECT. THE DOCUMENT HAS BEEN DULY AUTH ORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE
APPLICANT WILL COMPLY WITH THE ATTACHED A SSURANCES IF THE ASSISTANCE IS AWARDED.
a. Typed Name of Authorized Representative b. Title c. Telephone Number
Fred Segundo Director of Aviation (361) 289-0171 x1213
d. Signature of Aut~iorized $~e esentative e. Date Signed
_, ~~~
- - 12/22/2008
Previous Edition Not Usable Authorized for Local Reproduction Standard Form 424 (REV4-88) Prescribed OMB circular A-102
U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
OMB N0.80-R0184
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, Name of Governing Body
regional, or other priority rating? Priority Rating
Yes X No
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Yes
Name of Agency or
Board
X No (Attach Documentation)
PART tl
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
Yes X No
(Attach Comments)
Item 4.
Does this assistance request require State, local, Name of Approving Agency Cnacral CoorAinaOon connei~
regional or other planning approval? Date Nagativw riwtarmination rPePivari .h~l~g, 900&
X Yes No
Item 5.
Is the proposed project covered by an approved
comprehensive plan?
X Yes
Item 6.
Will the assistance requested serve a Federal
installation?
Yes
Check one: State ^
Local
Regional ^
No Location of plan ACID
X No
Name of Federal Installation
Federal Population benefiting from Project
Item 7.
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
Yes X No Percent of Project
Item 8.
Will the assistance requested have an impact or effect
on the environment?
Yes X No
Item 9.
Will the assistance requested cause the displacement of
individuals, families, businesses, or farms?
Yes X No
See instruction for additional information to be
provided.
Number of:
Individuals
Families
Businesses
Farms
Item 10.
Is there other related Federal assistance on this See instructions for additional information to be
project, previous, pending, or anticipated? provided.
Yes X No
FAA Form 5100-100 (673) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
Page 2
U.S. DEPARTMENT OFTRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C (SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
OMB NO. 04-R0209
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.
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 the 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 interests, all of which areas are identified on the property map designated as Exhibit "A":
Within existing Airport Boundary, See Exhibit "A"
'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only
be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3a
FAA AC 81-06913
U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C (Continued)
OMB NO. 04-R0209
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 company 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
pertormed, all of which areas are identified on the aforementioned property map designated as Exhibit "j~':
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 fallowing 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 "~":
N/A
5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport
owned or controlled by the Sponsor except as follows:
NONE
* State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only
be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3b
FAA AC 81-069'13
U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
OMB N0.80-R0184
PART III -BUDGET INFORMATION --CONSTRUCTION
SECTION A -GENERAL
1. Federal Domestic Assistance Catalog No ................................ 20.106
2. Functional or Other Breakout ....................................................
SECTION B -CALCULATION OF FEDERAL GRANT
Use only for revisions
Cost Classification
Latest Approved
Amount
Adjustment
+ or (-) Total
Amount
Required
1. Administration expense $ $
2. Preliminary expense
3. Land, structures, right of way
4. Architectural engineering basic fees
5. Other architectural engineering fees $20,341.34
6. Project inspection fees $50,853.35
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement $945,872.31
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13) $1,017,067.00
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15) $1,017,067.00
17. Less Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants) $1,017,067.00
20. Federal Share requested of Line 19 $966,213.
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21) $966,213.00
23. Grantee share $50,854.00
24. Other shares
25. Total project (Lines 22, 23 & 24) $ $ $1,017,067.00
FAA Fortn 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4
U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
OMB N0. 00-R0184
SECTION C -EXCLUSIONS
26
Classification Ineligible for
Participation
(1) Excluded from
Contingency Provision
(2)
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 $50,854.00
h. TOTAL -Grantee share
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL $50,854.00
SECTION E -REMARKS
PART IV PROGRAM NARRATIVE (Attach -See Instructions)
FAA Forrn 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5
PART IV
PROGRAM NARRATIVE STATEMENT
Modify ARFF Station, Phase I
CORPUS CHRISTI INTERNATIONAL AIRPORT
PROJECT DESCRIPTION: Modify ARFF Station, Phase I
BACKGROUNDS:
Modify ARFF Station. Phase I:
The current ARFF Station will require modifications to allow for adequate clearance for
ARFF vehicles which are being designed wider and larger. The current-bay doors are
fourteen feet in width. The standard set forth in A/C 150/5210-15A calls for a minimum
width of sixteen feet for the bay doors. The project will modify the ARFF Station and install
doors that meet this standard.
SUMMATION OF PROJECTS
Modify ARFF Station - Phase I (Construction):
Construction $ 945,872.31
Geotechnical Testing 20,853.35
Construction Inspection 50.726.34
$1,017,067.00
TOTAL $1,017,067.00
CCIA CONTRIBUTION - $ 50,854.00
FAA CONTRIBUTION - $ 966,213.00
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
PROJECT PLANS AND SPECIFICATIONS
City of Corpus Christi Corpus Christi International
---- - Airport __
(Sponsor) (Airport)
(Work Description) Modify ARFF Station, Phase I.
3-48-0051-44-2009
(Project Number)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular
(AC) 150/5100-5, 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 (N1A), 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.
Yes No N/A
1. The plans and specifications were (will be) prepared in
accordance with applicable Federal standards and
requirements, so no deviation or modification to standards set ® ^ ^
forth in the advisory circulars, or State standard, is necessary
other than those previously approved by the FAA.
2. Specifications for the procurement of equipment are not (will not
be) proprietary or 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 AIP funding has been (will be) ® ^ ^
omitted from the plans and specifications.
5. The process control and acceptance tests required for the
project by standards contained in Advisory Circular 150/5370-10 ® ^ ^
are (will be) included in the project specifications.
6. If a value engineering clause is incorporated into the contract, ® ^ ^
concurrence was (will be) obtained from the FAA.
7. The plans and specifications incorporate (will incorporate)
applicable requirements and recommendations set forth in the ® ^ ^
Federally approved environmental finding.
Yes No N/A
8. For construction activities within or near aircraft operational
areas, the requirements contained in Advisory Circular
150/5370-2 have been (will be) discussed with the FAA as well ® ^ ^
as incorporated into the specifications, and asafety/phasing
plan has FAA's concurrence, if required.
9. The project was (will be) physically completed without Federal
participation in costs due to errors and omissions in the plans ® ^ ^
and specifications that were foreseeable at the time of project
design.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Corpus Christi
( e of Sponsor) ~
(Signature of Spons i nafe ial Rep sepia tatrve)
Fred Segundo
- (Typed Name of Sponsors Designated Official Representative)
Director of Aviation
(Typed Title of Sponsor's Designated Official Representative)
_12/22/08 __
(Date)
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
EQUIPMENT/CONSTRUCTION CONTRACTS
City of Corpus Christi
Corpus Christi International
Airport __
(airport)
3-48-0051-44-2009
(Sponsor)
Modify ARFF Station, Phase I.
(Work Description)
(Project Number)
Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). General standards for equipment and construction contracts
within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36.
AIP 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.
Yes No N/A
1. A code or standard of conduct is (will be) in effect governing the
pertormance of the sponsor's officers, employees, or agents in ® ^ ^
soliciting and awarding procurement contracts.
2. Qualified personnel are (will be) engaged to perform contract
administration, engineering supervision, construction inspection, ® ^ ^
and testing.
3. The procurement was (will be) publicly advertised using the ® ^ ^
competitive sealed bid method of procurement.
4. The bid solicitation clearly and accurately describes (will
.describe):
a. The current Federal wage rate determination for all ® ^ ~
construction projects, and
b. All other requirements of the equipment andlor 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. Life cycle costing is a factor in selecting the lowest
responsive bidder, or
d. Proposed contract prices are more than 10 percent over
the sponsors cost estimate.
Yes No N/A
6. All contracts exceeding $100,000 require (will require) the
following provisions:
a. A bid guarantee of 5 percent, a pertormance bond of 100
percent, and a payment bond of 100 percent;
b. Conditions specifying administrative, contractual, and legal
remedies, including contract termination, for those ® ^ ^
instances in which contractors violate or breach contact
terms; and
c. Compliance with applicable standards and requirements
issued under Section 306 of the Clean Air Act (42 USC
1857(h)), Section 508 of the Clean Water Act (33 USC
1368), and Executive Order 11738.
7. All construction contracts contain (will contain) provisions for:
a. Compliance with the Copeland "Anti-Kick Back" Act, and
b. Preference given in the employment of labor (except in ® ^ ^
executive, administrative, and supervisory positions) to
honorably discharged Vietnam era veterans and disabled
veterans.
8. All construction contracts exceeding $2,000 contain (will
contain) the following provisions:
a. Compliance with the Davis-Bacon Act based on the current ® ^ ~
Federal wage rate determination; and
b. Compliance with the Contract Work Hours and Safety
Standards Act (40 USC 327-330), Sections 103 and 107.
9. All construction contracts exceeding $10,000 contain (will
contain) appropriate clauses from 41 CFR Part 60 for ® ^ ^
compliance with Executive Orders 11246 and 11375 on Equal
Employment Opportunity.
10. All contracts and subcontracts contain (will contain) clauses
required from Title VI of the Civil Rights Act and 49 CFR 23 and ® ^ ^
49 CFR 26 for Disadvantaged Business Enterprises.
11. Appropriate checks have been (will be) made to assure that
contracts or subcontracts are not awarded to those individuals
orfirms-suspended, debarred, or voluntarily excluded from ® ^ ^
doing business with any U.S. Department of Transportation
(DOT) element and appearing on the DOT Unified List.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Corpus Christi
A \ (Name o(Sponsor)
(Sig/nat\ure . •hp~\ nated Official Representative)
Fred Segundo _
(Typed Name o(Sponsors Designated Otficial Representative)
Director of Aviation _
(Typed TRIe of Sponsors Designated Official Representative)
12/22/08
(Date)
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
City of Corpus Christi Corpus Christi International
- Ai~ort----- -
(Sponsor) (Airport)
(Work Description)
Modify ARFF Station, Phase I.
3-48-0051-44-2009
(Project Number)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a
project under the Airport Improvement Program (AIP). General standards for selection of consultant
services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR),
Part 18.36. Sponsors may use other qualifications-based procedures provided they are equivalent to
specific standards in 49 CFR 18 and FAA Advisory Circular 150!5100-14, Architectural, Engineering,
and Planning Consultant Services for Airport Grant Projects.
Except for the certified items below marked not applicable (N/A), the list includes major requirements
for this aspect of project implementation, although it is not comprehensive, nor does it relieve the
sponsor from fully complying with all applicable statutory and administrative standard.
Yes No N!A
1. 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.
6. Costs associated with work ineligible for AIP funding are (will be)
clearly identified and separated from eligible items in ® ^ ^
solicitations, contracts, and related project documents.
Page 7 of 2
Yes No N/A
7. Mandatory contact provisions for grant-assisted contracts have ® ^ ^
been (will be) included in consultant services contracts.
8. The cost-plus-percentage-of-cost methods of contracting
prohibited under Federal standards were not (will not be) used. ® ^ ^
9. If the services being procured cover more than the single grant
project referenced in this certification, the scope of work was ® ^ ^
(will be) specifically described in the advertisement, and future
work will not be initiated beyond five years.
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 J Spons
(Signature o(Spons s Designated Ofn f Representative)
Fred Segundo
(Typed Name of Sponsor's Designated Official Representative)
Director of Aviation
(Typed Title of Sponsor's Designated Official Representative)
12122!08
(Date)
Page 2 of 2
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the
term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain
in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or throughout
the useful life of the project items installed within a facility under a noise compatibility
program project, but in any event not to exceed twenty (20) yeazs from the date of
acceptance of a grant offer of Federal funds for the project. However, there shall be no limit
on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as
the airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of [he Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful
life of project items installed within a facility or the useful life of the facilities developed or
equipment acquired under an airport development or noise compatibility program project
shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall remain
in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et sea.
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seo.
d. Hatch Act - 5 U.S.C. 1501, et sea.2
Airport Assurances (3!2005)
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et sea•' z
f National Historic Preservation Act of 1966 -Section 106 - 16 U.S.C.
470(f). ~
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.~
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, e[
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 -Section 102(a) - 42 U.S.C.
4012a.1
1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 -Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of ] 975 - 42 U.S.C. 6101, et sea.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg'1
r. Power plant and Industrial Fuel Use Act of 1978 -Section 403- 2 U.S.C.
8373.'
s. Contract Work Hours and Safety Standazds Act - 40 U.S.C. 327, et sea• ~
t. Copeland Anti kickback Act - 18 U.S.C. 874.'
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seo' ~
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea•2
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 -Equal Employment Opportunity'
Executive Order 11990 -Protection of Wetlands
Executive Order 11988 -Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order ] 2699 -Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive Order 12898 -Environmental Justice
Federal Regulations
a. 14 CFR Part 13 -Investigative and Enforcement Procedures.
b. 14 CFR Part 16 -Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. ]4 CFR Part 150 -Airport noise compatibility planning.
d. 29 CFR Part 1 -Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 -Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.'
f. 29 CFR Part 5 -Labor standards provisions applicable to contracts
covering federally financed and assisted construcrion (also labor standards
provisions applicable to non-constmction contracts subject to the Contract
Work Hours and Safety Standazds Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Fedeml and federally
assisted contracting requirements).'
Airport Assurances (3/2005)
h. 49 CFR Part 18 - Unifomt administrative requrements for grants and
cooperative agreements to state and local governments 3
i. 49 CFR Part 20 -New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the
Department of Transportation -effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in
Airport Concessions.
1. 49 CFR Part 24 -Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.' s
m. 49 CFR Part 26 -Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Par[ 27 -Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.'
o. 49 CFR Part 29 - Government wide debarment and suspension (non-
procurement) and government wide requirements for dmg-free workplace
(grants).
p. 49 CFR Part 30 -Denial of public works contracts to suppliers of goods
and services of countries that deny procurement mazket access to U.S.
contractors.
q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office of Management and Budget Circulars
a. A-87 -Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b A-133 -Audits of States, Local Governments, and Non-Profit
Organizations
' These laws do not apply to airport planning sponsors.
z These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Goventments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circulaz shall also be applicable
to private sponsors receiving Fedeml assistance under Title 49, United Stales
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 ac[ of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative
of the applicant to act in connection with the application and to provide
such additional infomtation as may be required.
b. Private Sponsor: I[ 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
Airport Assurances (3/2005)
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which aze not to be paid by the United Slates. It has sufficient funds available to assure operation
and maintenance of items funded under the gant ageement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory
to the Secretary, to the landing azea of the airport or site thereof, or will
give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property
of the sponsor, i[ holds good title satisfactory to the Secretary to that
portion of the property upon which Fedeml funds will be expended or will
give assurance to the Secretary that 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 gant agreement without the written
approval of the Secretary, and will ac[ promptly [o acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise hansfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility progam project, that portion of
the property upon which Federal funds have been expended, for the
duration of the terms, conditions, and assurances in the grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United Stales Code, [o assume the
obligations of the grant agreement and to have the power, authority, and
financial resources to cany out all such obligations, the sponsor shall insert
in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions,
and assumnces contained in this gant 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 ageement
with that government. Except as otherwise specified by the Secretary, that
ageement shall obligate that government [o the same terms, conditions,
and assurances that would be applicable to it if i[ applied directly to the
FAA for a gant to undertake the noise compatibility progam project.
That ageement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance will[ the terms of the ageement.
d. For noise compatibility progam projects to be carried out on privately
owned property, it will enter into an ageement with the owner of that
Airport Assurances (3!2005)
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to enswe that the airport will continue to function as a public-use
airport in accordance with these assurances for the dwation of these
asswances.
If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
asswances in the grant agreement and shall inswe that such arrangement
also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at
[he time of submission of this application) of public agencies that aze authorized by the State
in which the project is located to plan for the development of the azea surrounding the
airport.
7. Consideration of Local Interest. It has given fair consideration [o the interest of
communities in or near where the project maybe located.
8. Consultation with Users. In making a decision to undertake any airport development
project under Title 49, United States Code, it has undertaken reasonable consultations with
affected parties using the airport at which project is proposed.
9. Public Hearings. 1n projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been carried
out by [he community and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quati[y Standards. In projects involving airport location, a major mnway
extension, or runway location it will provide for the Governor of [he state in which [he
project is located to certify in writing to the Secretary that the project will be located,
designed, constructed, and operated so as [o comply with applicable air and water quality
standards. In any case where such standards have not been approved and where applicable
av and water quality standards have been promulgated by the Administrator of the
Environmental Protection Agency, certification shall be obtained from such Administrator.
Notice of certification or refusal to certify shall be provided within sixty days after the
project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, for the replacement or reconstmction of pavement at the airport, it asswes or certifies
that i[ has implemented an effective airport pavement maintenance-management program
and it asswes that it will use such program for the useful life of any pavement constructed,
reconstmcted or repaired with Federal financial assistance at the airport. It will provide such
Airport Assurances (3/2005)
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 use airport, as defined in Title 49, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section
44706 of Title 49, United States Code, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of
such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the gran[, the
total cost of the project in connection with which the grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept m accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor relating
to the disposition of the proceeds of a grant or relating to the prof ect in
connection with which the grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States no[
later than six (6) months following the close of the fiscal yeaz for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of 52,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be staled in the invitation for bids
and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under
the grant agreement which involve labor, such provisions as aze necessary to insure that, in
the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in
Section 47112 of Title 49, United States Code. However, this preference shall apply only
where the individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specificafions, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior [o commencement of site preparation,
constmction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the approved
Airport Assurances (3/2005)
plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the gran[ agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the constmction site throughout the project [o assure that the work conforms
to the plans, specifications, and schedules approved by [he Secretary for [he project. It shall
subject the construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as
[he Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute [he project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will famish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the 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 they subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition and
in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airpon purposes. It will suitably
Airport Assurances (3/2005)
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for-
(1)Operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition
or circumstance beyond the control of the sponsor.
b. It wilt suitably operate and. maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instmment and visual opemtions to the airport
(including established minimum flight altitudes) will be adequately cleared and protected by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. I[ will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, [hat wiil reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination [o all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to [he public at the airport.
b. In any agreement, contract, lease, or other arrangetnent under which a right
or privilege at the airport is granted to any person, firm, or corporation to
conduct or to engage in any aeronautical activity for furnishing services [o
the public at the airport, the sponsor will insert and enforce provisions
requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar
types of price reductions [o volume purchasers.
Airport Assurances (3!2005)
c. Each fixed-based operator at the airport shall be subject to the same rates,
fees, rentals, and other chazges as are uniformly applicable to all other
fixed-based operators malting the same or similar uses of such airport and
utilizing the same or similaz facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
C. Each air tamer using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substanfially 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 aIL such air carriers which make similar use of such airport
and utilize similaz facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or slams as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those akeady imposed on air carriers in such
classification or scams.
f It will not exercise or gran[ any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling) that it may
choose to perform.
g. !n the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the famishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions [o be met by all users of the airport as maybe
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of [he airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed-based operator [o provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed-based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited [o charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, av carrier operations,
Airport Assurances (3/2005)
to
aircraft sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other acfivities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services a[ the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development, airport
planning or noise compatibility project for which a gran[ is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Ac[ or the Airport
and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates, and chazges for users of that airport.
25. Airport Revenues.
All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for [he capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
Provided, however, that if covenants or assurances in debt obligations issued
before September 3, 1982, by the owner or operator of the airport, or provisions
enacted before September 3, 1982, in governing statutes controlling the owner
or operator's financing, provide for the use of the revenues from any of the
airport owner or operator's facilities, including the airport, to support not only
the airport but also the airport owner or operator's general debt obligations or
other facilities, then this limitation on the use of all revenues generated by the
airport (and, in [he case of a public airport, local taxes on aviation fuel) shall
not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in
pazagraph (a), and indicating whether funds paid or transferred to the owner or
operator are paid or transferred in a manner consistent with Title 49, United
Stales Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United Stales Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports
as the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of
the airport budget in a format prescribed by the Secretary;
b. for avport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
Airport Assurances (3/2005)
I1
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating
to the project and continued compliance with the terms, conditions, and
assurances of the grant agreement including deeds, leases, agreements,
regulations, and other instmments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detaiL•
(i) all amounts paid by the airport to any other unit of govemment and the
purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such
service and property.
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 use by Government aircraft in common with other aircraft at
all times without charge, except, if the use by Government aircraft is substantial, chazge may
be made for a reasonable share, proportional to such use, for the cost of operating and
maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise
agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircrafr, or during any calendaz month that-
a. Five (5) or more Government aircrafr are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government avcraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by Boss weights of such aircraft) is in excess of five
million pounds.
2g. Land for Federal Facilities. It will famish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, orweather-reporting
and communication activities related to air traffic control, any areas of land or water, or
estate [herein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for conslmction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite azeas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as rnnways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification [hereof, shall
Airport Assurances (3/2005)
lz
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which aze not in conformity with the avport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by [he Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or (z)
bear all costs of relocating such property (or replacement thereof) to a site
acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated [o assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded
from participating ih 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 [o the program, except where Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures
or improvements thereon in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the property is used for a
purpose for which Federal fmancial assistance is extended, or for another purpose involving
the provision of similaz serviceaor benefits, or (b) the period during which the sponsor
retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' shaze of acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or
(z) be reinvested in an approved noise compatibility project as prescribed
by the Secretary, including the purchase of nonresidential buildings or
property in the vicinity of residenfial buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such ]and at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States' share of the cost of acquisition of such land will, (1) upon
application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary a[ that airport
or within the national airport system, or (z) be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
Airport Assurances (3/2005)
13
Land shall be considered to be needed for airport purposes under this
assurance if (1) it maybe needed fot aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (2) the revenue
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987, was notified by the operator or owner of
the uses of such land, did not object to such use, and [he land continues to
be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which aze compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. I[ will award each conract, or sub-contract for program
management, constmction management, planning studies, feasibility studies, azchitecmral
services, preliminary engineering, design, engineering, surveying, mapping or related
services with respect to the project in the same manner as a contract for azchitec[ural and
engineering services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by
the sponsor of the airport.
33. Foreign Market Restrictions. It will no[ allow funds provided under this gran[ to be used to
fund any project which uses any product or service of a foreign country dwing the period in
which such foreign country is listed by the United States Tmde Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and constmction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standazds, and specifications approved by the Secretary including but not limited to
the advisory circulars listed in [he Current FAA Advisory Circulars for AIP projects, dated
;'~ and included in this grant, and in accordance with applicable state policies, standazds,
and specifications approved by [he Secretary.
35. Relocation and Real Property Acquisition. (I) It will be guided in acquiring real property,
to the greatest extent practicable under State law, by the land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and assistance
to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make
available within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport, however, i[ has no 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 in the award and performance of any DOT-assisted
contract or in the adminishation 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 enswe
Airport Assurances (3/2005)
14
non discrimination in the award and administration of DOT-assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure [o carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft
agree that a hangar is to be constructed at the airport for the aircraft at the aircrafr owner's
expense, the airport owner or operator will grant to the aircraft owner for the hangar a long
teen lease that is subject [o such terms and conditions on the hangar as the airport owner or
operator may impose.
39. Competitive Access.
If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order [o allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that-
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable [o accommodate the request(s) in the six month
period prior to the applicable due date
Airport Assurances (3/2005)
~r
L
J
r
L
J
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
AND PFC APPROVED PROJECTS
Dated: 3!2112007
View the most current versions of these ACs and any associated changes at
http-IJwww faa oov/aimorts airtraffic/airports/resources/advisory circulars/.
N.•c,.~ w~'"~' .~,'}i,~~
,~IS;INIBEF~~`F t~
nit ~ ~r .. n.: ~ ,*'+Hi i»~, xr 1~"'<~'f#i~H~+F FPM af~S~ y~~~.u- ~ ~y ~~ W.-+a;7 i
~T~7LE ; r ~ ~~ ; " ~~`~ w ~ , ~ ~~ _ , ' ~, ~~~' '.~
X` ~ ~. ;r° ~-• Y.._;fin ~ ~I .~':- ....«~ .~ ..!".. ~
70/7460-1 K' Obstruction Marking and Lighting
150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airport Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-66 Airport Master Plans
150/5070-7 The Airport System Planning Process
150/5200-28C Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30A
and Changes 1
through 8 Airport Winter Safety and Operations
150/5200-33A Hazardous Wildlife Attractants On or Near Airports
150/5210-56 Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7C Aircraft Fire and Rescue Communications
150/5210-13B Water Rescue Plans, Facilities, and Equipment
150/5210-14A Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue & Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5210-19 Driver's Enhanced Vision System (DENS)
15015220-4B Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-138 Runway Surface Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Non-Federal Applications
150/5220-17A
and Change 1 Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19 Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting
Vehicles
150/5220-20 and
Change 1 Airport Snow and Ice Control Equipment
150/5220-21B Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
.,
FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects
March 21, 2007
NUMBER TITLE
150/5220-22A Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5300-13 and Airport Design
Changes 1
through 10
150/5300-14 and Design of Aircraft Deicing Facilities
Changes 1
through 2
150/5300-16 General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Surve
150/5300-17 General Guidance and Specifications for Aeronautical Survey Airport
Imo a Ac uisition and Submission to the National Geodetic Surve
150!5300-18 General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System
GIS Standards
150/5320-5B Airport Drainage
150/5320-8D and Airport Pavement Design and Evaluation
Changes 1
through 4
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
and Changes 1 Pavement Surfaces
through 8
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5320-15 and Management of Airport Industrial Waste
Change 1
150/5325-4B Runway Length Requirements for Airport Design
150/5335-5A Standardized Method of Reporting Pavement Strength PCN
150/5340-1 J Standards for Airport Markings
150/5340-56 and Segmented Circle Airport Marker System
Change 1
150/5340-18D Standards for Airport Sign Systems
150/5340-30B Design and Installation Details for Airport Visual Aids
150/5345-3E Specification for L821 Panels for Control of Airport Lighting
150/5345-58 Circuit Selector Switch
150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10F Specification for Constant Current Regulators Regulator Monitors
150/5345-12E Specification for Airport and Heliport Beacon
150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26C Specification for L823 Plug and Receptacle, Cable Connectors
:.,
FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects
March 21, 2007
.N~1111A8 }~f~~~a ~ r
t~ A Tom'*; ~-. __
~~TILLE~ s '~ ~.~ ~ ` ' '~ ~ ~ ~ ~, F "
. s'c > r * a, r r , v _
150/5345-27D Specification for Wind Cone Assemblies
150/5345-28F Precision Approach Path Indicator (PAPI) Systems
15015345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F Specification for Obstruction Lighting Equipment
150/5345-44G Specification for Taxiway and Runway Signs
150/5345-45B Low-Impact Resistant (LIR) Structures
150/5345-46C Specification for Runway and Taxiway Light Fixtures
150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-498 Specification L854, Radio Control Equipment
150/5345-50A Specification for Portable Runway and Taxiway Lights
150/5345-51A Specifcation for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5345-53C Airport Lighting Equipment Certification Program
150/5345-54A
and Change 1 Specification for L-1884 Power and Control Unit for Land and Hold Short
150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMs)
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12D Airport Signing and Graphics
15015360-13 and
Change 1 Planning and Design Guidance for Airport Terminal Facilities
150!5370-2E Operational Safety on Airports During Construction
150/5370-106 Standards for Specifying Construction of Airports
150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150!5380-6A Guidelines and Procedures for Maintenance of Airport Pavements
15015390-26 Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
'This AC is available at htto~//www.faa.oov/ats/ata/ai/index.html or
MIQ~//www airweb faa oov/Reoulatorv and Guidance Library/roAdvisorvCircular nsf/MainFrame~OoenFrameSet.
FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects
March 21, 2007
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
Dated: 3/21!2007
NUMBEF2 TITLE
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
1 50151 0 0-1 5A Civil Rights Requirements for the Airport Improvement Program
150/5100-17 and
Changes 1
through 6 Land Acquisition and Relocation Assistance for Airport Improvement
Program Assisted Projects
150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-8B Construction Progress and Inspection Report-Airport Grant Program
150/5370-11A Use on Nondestructive Testing Devices in the Evaluation of Airport
Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphal[
150!5380-7A Airport Pavement Management System
150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Dated: 3/21/2007
NUMBER- ;TITLE -
15015000-12 Announcement of Availability-Passenger Facility Charge (PFC) Application
(FAA Form 5500-1)