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HomeMy WebLinkAboutC2011-436 - 9/13/2011 - NA1 0 — U.S. Department of Transportation Federal Aviation Administration 1) ORIGINAL GRANT AGREEMENT PART I° — OFFER _SEP Date of Offer _ Corpus Chri sti In Airport__ Airport/Planning Area _ 3 -48 -0051- 04 8 -201 mm Grant No _ _7 DUNS No TO; The City of Corpus Christi, Texas (herein called the "Sponsor") FROM. The United States of America (acting through the Federal Aviation Administration, herein called the "FAA ") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 1, 2011, for a grant of Federal funds for a project at,or associated with the Corpus Christi International Airport, Texas, 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. Upgrade Security Systems With Associated Electrical Systems all as more particularly described in the Project Application. 2011 -436 09/13/11 .. INDEXED 1 of 7 Im 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 I. The maximum obligation of the United States payable under this Offer shall be $3,250,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the.United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $3,250,000.00 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 September 14, 2011, 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. 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. 12. P"EMENT 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 Mana ement 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 15015380 -6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. 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 15015380 -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. FAA Form 5100 -37 (10 -89)- 5100 -38C 3 o f 7 13. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250.000: The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are 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. 14. 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. 15. REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION (CCR) DATABASE The Sponsor agrees that it will maintain an active Central Contractor Registration (CCR) database registration with current information at all times during which it has an active Federal award (i.e. an open A1P grant). 16. 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. 17. DESIGN -ONLY GRANTS It is mutually understood and agreed that for portions of the grant that are designated as "design- only," the sponsor shall undertake the associated construction activities within three calendar years of the date of issuance of this grant, regardless of the availability of Federal funds (towards construction). Should construction activities not take place, it should be noted that the FAA CANNOT participate in future funding for design services for the same unit of work. FAA Form 5100 -37 (10- 89)- 5100 -38C 4 of 7 18. 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. FAA Form 5100 -37 (10 -8g)- 5100 -38C 6 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 AVIATION ADMINIST ION (Signature) J. Michael Nicely (Typed Name) Manager, Texas Airports Development Office (Title) FAA Form 5100 -37 (10 -89)- 5100 -38C 6 Of 7 PART 11- 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 condition in t is Offer and in th lication. Executed this —? day of (Name of ponsar) - - -- - -- (Signature of S onsor's Designated Official Representative) By: OUA -- c�, (Typed Name of Sponsor's Designafed Official R - A-- - Mv epresentative) Title : 11�1k Na4 - 5 TA" T G t T CSR (Typed Title of Sponsor's Designated Official - Attest: Representative) Se ERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of "re Y-a r . 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. Dated at 0 '• S A, v - this {�� day of B y (Signs ur of Sponsor's Attorney) AUT try COUNCIL.. 09 SEOVErARY 7. FAA Form 5100 -37 (10- 89)- 5100 -38C 7 of 7 OMB Number: 4040 -0004 A pplication for Federal Assistance SF-424 * 1. Type of Submission * 2. Type of Application ❑ Preapplication ❑l New Application ❑ Continuation * If Revision, select appropriate letter(s): * Other (Specify) Lj Changed /Corrected Application I LI Revision * 3. Date Received: - 4. Application Identifier: 5a. Federal Entity Identifier: * 5b. Federal Award Identifier: 3 -48 -0051 -48 -2011 3 -48- 0051 -48 -2011 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name: City of Corpus Christi, Texas * b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 74- 600074 782001259 d, Address: • Streetl: 1000 International Drive Street 2: • City: Corpus Christi County: Nueces • State: Texas Province: Country: USA *Zip/ Postal Code: 78406 -1801 e. Oroanizational Unit: City of Corpus Christi, Texas I Aviation Department T. Name ana contact inrormation or person to De contactea on matters involving tnis application: Prefix: Mr, First Name: Fernando Middle Name: * Last Name: Segundo Suffix: Title: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 -1801 )ne Numoer: ; jtj 1 - 2tsy -u 1 / 1 ext. 1213 r-ax Number: 361 -2 Fred S0cctexas. com OMB Number. 4040 -0004 Fe iraiinn nafam n/q!L)0!2 A pplication for Federal Assistance SF -424 9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: - Select One - Type of Applicant 3: Select Applicant Type: - Select One - * Other (specify): * 10. Name of Federal Agency: Texas ADO Federal Aviation Administration, Fort Worth, Tx. 76193 -0610 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program 12. Funding Opportunity Number: 3 -48- 0051 -48 -2011 Title: Upgrade Security Systems With Associated Electrical Systems. 13. Competition Identification Number: 3- 48- 0051 -48 -2011 Title: Upgrade Security Systems With Associated Electrical Systems. 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Corpus Christi, Nueces County, San Patricio County, Texas * 15. Descriptive Title of Applicant's Project: Upgrade Security Systems With Associated Electrical Systems. Attach supporting documents as specified in agency instructions. QMB Number. 4040 -0004 Fmiroiinn n.t.- ngiiinni9 A pplication for Federal Assistance SF -424 16. Congressional Districts Of Tx -27 * a. Applicant Tx -27 * b. Program/Project: Attach an additional list of ProgramlProject Congressional Districts if needed. 17. Proposed Project: Upgrade Security Systems With Associated Electrical Systems. * a. Start Date: November 1, 2011 " b. End Date: September 1, 2012 18. Estimated Funding ($): *a. Federal $3,250,000.00 *b. Applicant $171,053.00 *c. State *d. Local $0.00 *e. Other $0.00 *f. Program Income $0.00 *g. TOTAL $3,421,053.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on 0 b. Program is subject to E.O. 12372 but has not been selected by the State for review. © c. Program is not covered by E.O. 12372. *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes ", provide explanation.) Yes 0 No 1. *By signing this application, I certify (1) to the statements contained in the list of certifications ** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances ** and agree to comp{ with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001). 0 * * I AGREE * The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: M *First Name: Fernando Middle Name: *Last Name: Segundo Suffix: *Title: Director of Aviation *Telephone Number: 361- 289 -0171 ext.1213 Fax Number: 351- 289 -0251 *Email: Freds cctexas.com *Signature of Authorized Representative: Date Signed: 9 -1 -2011 OMB Number: 4040 -0004 Expiration Date: 03/31/2012 Ap plication for Federal Assistance SF-424 "Applicant Federal Debt Delinquency Explanation The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB No. 2120 -0569 11130/07 PART II PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require State, local, Name of Governing Body: regional, or other priority rating? Priority: Yes X No Location of Federal Land: Item 2. Does this assistance request require State, or local Name of Agency or Board: Attach Documentation ) advisory, educational or health clearances? Percent of Project: — —�—J es ❑X No ' See instruction for additional information to be Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? ❑ Yes ❑X No Item 4. Name of Approving Agency_ Does this assistance request require State, local, regional or other planning approval? Date: 1 I ❑ Yes ❑X No Item 5. Check one: State Is the proposed project covered by an approved Local X comprehensive plan? Regional ❑X Yes ❑ No Location of Plan: ACIP Item 6. Name of Federal Installation: Will the assistance requested serve a Federal Federal Population benefiting from Project: installation? p ene g ❑ Yes ❑X No Item 7. Name of Federal Installation_: Will the assistance requested be on Federal land Location of Federal Land: or installation? ❑ Yes 0 No Percent of Project: Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided ❑ Yes ❑X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals. Families. individuals, families, businesses, or farms? Businesses. ❑ Yes ❑X No Farms. Item 10. See instructions for additional information to be Is there other related Federal assistance on this project provided. previous, pending, or anticipated? ❑ Yes ❑X No _ FAA Form 5100 -101 (6 -73) SUPERSEDES FAA FORM 5910 -1 AND 5920 -1 - Page 2 U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PART II - SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: OMS NO.04 -RO209 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 the Corpus Christi International Airport 20 -year Master Plan'and tfie 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 84 -06913 U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PART II — SECTION C (Continued) OMB NO.04 -RO209 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 performed, all of which areas are identified on_the•aforementioned property map designated as Exhibit "B NIA (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land' which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "B ": NIA 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: f061 * 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 -06913 U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 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 Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or ( -) 1. Administration expense $ $ $ 00.00 2. Preliminary expense $ 00.00 3. Land, structures, right of way $ 00.00 4. Architectural engineering basic fees $ 278,636.00 5. Other architectural engineering fees Construction Management & Inspection Services $ 299,491.00 6. Project inspection fees ( Quality Control Testin $ 40,000.00 7. Land development $ 00.00 8. Relocation Expenses $ 00.00 9. Relocation payments to Individuals and Businesses $ 00.00 10. Demolition and removal $ 00.00 11. Construction and project improvement $ 2,802,926.00 12. Equipment $ 00.00 13. Miscellaneous $ 00.00 14. Total (Lines 1 through 13) $ 3,421,053.00 15. Estimated Income (if applicable) $ 00,00 16. Net Project Amount (Line 14 minus 15) $ 3,421,053.00 17. Less Ineligible Exclusions $ 00.00 18. Add: Contingencies $ 00.00 19. Total Project Amt. (Excluding Rehabilitation Grants) $ 3,421,053.00 20. Federal Share requested of Line 19 $ 3,250,000.00 21. Add Rehabilitation Grants Requested (100 Percent) $ 00.00 22. Total Federal grant requested (Lines 20 & 21) $ 3,250,000.00 23. Grantee share $ 171,053.00 24, Other shares $ 00.00 25. Total project (Lines 22, 23 & 24) $ $ $ 3,421,053.00 GPO 865.486 I=AA Form 5100 -100 (6 -73) SUPERSEDES FAA FORK! 5100 -10 PAGES 1 THRU 7 Page 4 U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 80 -80184 FAA Form 5100 -100 (6 -73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page 5 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. $ $ b. C. d. e. f. g. Totals $0.00 $0.00 SECTION D — PROPOSED METHOD OF FINANCING NON - FEDERAL SHARE 27. Grantee Share $171,053.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) Airport Reserves h. TOTAL -- Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 171, 053.00 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach — See Instructions) FAA Form 5100 -100 (6 -73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page 5 PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION nMa Nn_ 212041569 PROJECT: Upgrade Security Systems With Associated Electrical Systems. AIRPORT: Corpus Christi. International Airport, Texas 1. Objective: The objective of the Security Systems Upgrade With Associated Electrical Systems is to gain more efficiency, flexibility and enhance space utilization for additional operational support that will have minimal disruption to airport operations. 2. Benefits Anticipated: The Comm. Center upgrades will allow the airport to gain efficiency and flexibility and space utilization for additional operational support. The project will enhance the automated access control and video surveillance system by providing a communication backbone for three additional airfield perimeter gates. These gates are located in remote areas of the airport where direct surveillance is not practical. They are currently used by tenants and contractors for access to these remote areas and by the airport Public Safety Division during security patrols. The generator upgrade will provide instantaneous power on demand which will enable the airport to maintain continuous online feed of existing security systems during power lost from AEP. Apron lighting will enhance the lighting around the terminal and allows maintenance to be done from the ground level and allow the poles and fixtures to be secured in the lowered state during hurricanes or hazardous weather. 3. Approach : (See approved Scope of Work in Final Application) The approach to Upgrade Security Systems With Associated Electrical Systems will be by removal of some non -load bearing walls, addition of a Backup Generator with a switch gear, addition of a fiber back bone with access control gates, CCTV in the perimeter, replace commercial apron lighting. 4. Geographic Location: The Security Systems Upgrade With Associated Electrical Systems is located in and around the first floor of the Corpus Christi International Airport Terminal building and the airports perimeter road. 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address & telephone number) Fernando Segundo, Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 FAA Form 5100 -101 (9 -03) SUPERSEDES FAA FORK! 5910 -1 and 5920 -1 Page 6 PART IV PROGRAM NARRATIVE STATEMENT CORPUS CHRISTI INTERNATIONAL AIRPORT, TEXAS CORPUS CHRISTI INTERNATIONAL AIRPORT PROJECT DESCRIPTION: Upgrade Security Systems With Associated Electrical Systems. BACKGROUNDS: The Airport security upgrades involve four areas of improvement: 1. Commurticat,an teener The communications center upgrades includes the expansion of the existing CCIA dispatch (Comm. Center) to gain more efficiency, flexibility and enhanced space utilization for additional operational support. The expansion includes the use of the existing unused rooms adjacent to the Comm. Center by removing several divider walls that separate the spaces. The added space will more than double the current space available to the dispatch area and provide enough room for a second control workstation desk. The work will also consist of demolition relocation of doors, AC card readers, fire AN signals, HVAC calling registers, lighting & electrical outlet augmentation and adjustments, wall and floor sound treatments. =k crFF _ 2. Perimetera�acicur�ty. _ _ Project _consist _ of the installation of new cantilevered.. gates, gate operators, card readers, area lights and CCTV cameras at Gates 3713, 40B and 41B and connect the gates and security equipment to the existing CCIA system using the existing 3 -3" PVC duct bank previously installed. Although the initial phase of the conduit system is in place, installing the backbone fiber optic cable will require additional conduit installation. The project will require about 1750 linear feet of new 3 -3 "PVC duct bank and pull boxes similar to the system already in dace to connect the new Perimeter Road system to Gate 41 B. � mra s,7 �� < >a Sa Sr^i �c, s r.Y , :ESU Y—Y 3.� #Orrcn Procure and install a new 1250 KVA, diesel engine powered emergency generator with auxiliary fuel tank capable of 96 hours of continuous operation would be provided for the NDP section of the Double Ended Switchgear to keep the Airport in operation without shutdown of crucial airport systems during a power failure. The generator upgrade will provide instantaneous power on demand which will enable the airport to maintain continuous online feed of existing security systems during power lost from AEP. 4, CgmmreiI ,A4?frt�r� Cpgrad "est Replaces high pressure sodium light fixtures and poles with fixtures that allow maintenance from the ground, in lieu of a manlift. This allows service of the fixture lamps and ballasts at ground level, and also allows the poles to be secured to the apron in the lowered state during hurricanes or other hazardous weather. The new fixtures will be metal halide lamps for better color rendition. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS City of Corpus Christi, Texas Corpus Christi International _A (Sponsor) (Airport) _ (Work Description) Upgrade Security Systems With Associated Electrical Systems. 3- 48- 0051 -48 -2011 (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 -6, Labor Requirements for the Airport Improvement Program, AC 15015100 -15, Civil Rights Requirements for the Airport Improvement Program, and AC 15015100 -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 procurementlinstallation 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 (NIA), 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 NIA 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 ® 11 ❑ depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (will be) ® 11 El from the plans and specifications. S. The process control and acceptance tests required for the project by standards contained in Advisory Circular 15015370 -10 ® ❑ ❑ are (will be) included in the project specifications. 6. if a value engineering clause is incorporated into the contract, ® F-1 El 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 NIA 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 15015370 -2 have been (will be) discussed with the FAA as well ® ❑ El as incorporated into the specifications, and a safety /phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project EK El El 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, Texas (Name of Sponsor) (Signature of Sponso s esrgna ed official Representative) Fernando Segundo (Typed Name of Sponsors Designated Official Representative) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) (Date) City of Corpus Christi, Texas U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS Corpus Christi International Airport, Texas 3- 48- 0051 -48 -2011 (Sponsor) (Airport) Upgrade Security Systems With Associated Electrical Systems. (Work Description) (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 15015100 -14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Except for the certified items below marked not applicable (NIA), 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. Page 1 of 2 Yes No NIA 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 riot ® 0 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 contracts 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. 7. Mandatory contact provisions for grant- assisted contracts have been (will El El 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. Page 1 of 2 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, Texas (Name of Sponsor) lgnature of Sponsor's Designated Official Representative) Fernando Segundo (Typed Name of Sponsor's Designated Official Representative) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) 911111 _._......�..�.._... _._ (Date) -- --- - -- -- - - - -�- Page 2 of 2 118104 Appendix 25. Standard Sponsor Certification Forms Order 5100.38B Change 1 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION CONSTRUCTION PROJECT FINAL ACCEPTANCE City of Corpus Christi, Texas (Sponsor) Corpus Christi International 3 -48 -0051 -48 -2011 Airport, Texas (Airport) (Work Description) Upgrade Security Systems With Associated Electrical Systems. (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. General standards for final acceptance and closeout of federally funded construction projects are in Title 49, Code of Federal Regulations, Part 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents. Except for the certified items below marked not applicable (NIA), 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 NIA 1. The personnel engaged in project administration, engineering supervision, construction inspection and testing were (will be) determined to be qualified ® ❑ ❑ as well as competent to perform the work. 2. Daily construction records were (will be) kept by the resident engineerlconstruction inspector as follows: a. Work in progress, b. Quality and quantity of materials delivered, c. Test locations and results, d. Instructions provided the contractor, ® ❑ ❑ e. Weather conditions, f. Equipment use, g. Labor requirements, h. Safety problems, and L Changes required. 3. Weekly payroll records and statements of compliance were (will be) submitted by the prime contractor and reviewed by the sponsor for Federal labor and ® ❑ ❑ civil rights requirements (Advisory Circulars 15015100 -6 and 15015100 -15). 4. Complaints regarding the mandated Federal provisions set forth in the ® El El documents have been (will be) submitted to the FAA. 5. All tests specified in the plans and specifications were (will be) performed and ® ❑ El test results documented as well as made available to the FAA. 6. For any test results outside of allowable tolerances, appropriate corrective ® ❑ El were (will be) taken. Page 1 of 2 Order 5100.386 Appendix 25. Standard Sponsor Certification Forms 118104 Change 1 Yes No NIA 7. Payments to the contractor were (will be) made in compliance with contract provisions as follows: a. Payments are verified by the sponsor's internal audit of contract records kept by the resident engineer, and ® ❑ ❑ b. If appropriate, pay reduction factors required by the specifications are applied in computing final payments and a summary of pay reductions made available to the FAA. 8. The project was (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except ® ❑ ❑ where approval is obtained from the FAA. 9. A final project inspection was (will be) conducted with representatives of the sponsor and the contractor and project files contain documentation of the final ® ❑ ❑ inspection. 10. Work in the grant agreement was (will be) physically completed and corrective actions required as a result of the final inspection is completed to the ® ❑ ❑ satisfaction of the sponsor. 11. If applicable, the as -built plans, an equipment inventory, and a revised airport ® ❑ ❑ layout plan have been (will be) submitted to the FAA. 12. Applicable close out financial reports have been (will be) submitted to the ® ❑ ❑ FAA. 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 Cor pus Christ Texas (Name of Sponsor) (Signature of Sponsors esrgnated Official Representative) Fernando Segundo (Typed Name of Sponsor's Designated Official Representative) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) 911111 (Date) Page 2 of 2 118104 Appendix 25. Standard Sponsor Certification Forms Order 5100.38B Change 1 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION EQUIPMENT /CONSTRUCTION CONTRACTS City of Corpus Christi, Texas Corpus Christi International 3- 48- 0051 -48 -2011 Airport, Texas (Sponsor) (Airport) (Project Number) (Work Description) Upgrade Security Systems With Associated Electrical Systems. 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 15015100 -15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100 -16, Airport Improvement Program Grant Assurance One -- General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. Except for the certified items below marked not applicable (N /A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. A code or standard of conduct is (will be) in effect governing the Yes No NIA performance of the sponsor's officers, employees, or agents in soliciting ® ❑ ❑ and awarding procurement contracts. 2. Qualified personnel are (will be) engaged to perform contract administration, engineering supervision, construction inspection and ® ❑ ❑ testing. 3. The procurement was (will be) publicly advertised using the competitive ® 11 L sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe): a. The current Federal wage rate determination for all construction projects, and ® ❑ ❑ b. All other requirements of the equipment and /or services to be provided. 5. Concurrence was (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsible bidder, ® ❑ ❑ c. Life cycle costing is a factor in selecting the lowest responsive bidder, d. or e. Proposed contract prices are more than 10 percent over the sponsor's cost estimate. Page 1 of 2 Order 5100.386 Appendix 25. Standard Sponsor Certification Forms 1/8104 Change 1 Yes No N/A 6. All contracts exceeding $100,000 require (will require) the following provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; b. Conditions specifying administrative, contractual, and legal remedies, ❑ ❑ including contract termination, for those 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 or firms suspended, debarred, or voluntarily excluded from doing business with any U.S. ® ❑ ❑ Department of Transportation (DOT) element and appearing on the DOT Unified List. I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Corpus Christi, Texas ( Sponsor) (Signature of Sponsor's Designated Ofciat Representative) Fernando Segundo (Typed Name of Sponsor's Designated Official Representative) Director of Aviation (Typed Title of Sponsors Designated Offlcla! Representative) 9/1/11 _ Page 2 of 2 118104 Appendix 25. Standard Sponsor Certification Forms Order 5100.386 Chan e 1 City of Corpus Christi, Texas U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG -FREE WORKPLACE Corpus Chdsti International 3 -48- 0051 -48 -2011 A irport, Te xas _... _ ( Airport) (Project Number) (Sponsor) Work Description: Upgrade Security Systems With Associated Electrical Modifications. 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 requirements on the drug -free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Except for the certified items below marked not applicable (NIA), 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 NIA 1. A statement has been (will be) published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a ® ❑ ❑ controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug -free awareness program has been (will be) established to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; ® ❑ ❑ c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been (will ® ❑ ❑ be) given a copy of the statement required within item 1 above. 4. Employees have been (will be) notified in the statement required by item 1 above that, as a condition employment under the grant, the employee will: a. Abide by the terms of the statement; and ® ❑ b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide ® ❑ ❑ notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. Page 1 of 2 Order 5100.388 Appendix 25. Standard Sponsor Certification Forms 118104 Change 1 Yes No NIA 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or _ El b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug -free workplace through implementation of items 1 through 6 above. I have prepared documentation attached hereto with site(s) for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified in the attachment. I have prepared additional documentation for any above items marked "no" and attached it hereto. I certify that, for the project Identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. City of Corpus Christi, Texas f onsor) (Signature of Sponsor's Designated Official Representative) Fern S egu n do (Typed Name of Sponsor's Designated Official Representative) Director o f Aviation (Typed Title of Sponsor's Designated Official Representative) 9/1/11 (Date) Page 2 of 2 CORPUS CHRISTI INTERNATIONAL .AIRPORT BOUNDARY LINE N E S .. CORPUS CHRIST[ INTERNATIONAL AIRPORT 7r.TS. MRPr Mn: BBNVA.SQUEZ EXHIBIT "AB arrayy: �t5t�cnhrn�,r.� f)Itl'U5 CHRIS, aair: 4 -3-IU CI'T'Y OF CORPUS CFFRTSTI mPjnrrNo �"1T RNAI YL7NAI, s5.1 R�.R :' DEPARTMENT OF AVIATION 2010 1 -GP CORPUS CHRISTI INTERNATIONAL AIRPORT PARCEL #1 EASEMENT DATA EASEMENT NUMBER DATE RELEASED PREVIOUS OWNER OF EASEMENT RELLASED TO DEED RECORDING DATA VOL /PAGE COUNTY 20 1956 A.C. KOCUREK TEXAS EASTERN TRANS. 751/197 NUECES 20 1973 A.C. KOCUREK TEXAS EASTERN TRANS. 1466/646 NUECES WELL 10'XP50'DP 1970 A.C. KOCUREK TEXAS PIPELINE CO, 1386/1024 NUECES 21 1936 A.C, KOCUREK TEXAS PIPET INE CO 219/409 NUECES 21 1937 A.C. KOCUREK CROWN CENTRAL TRANS. CORP. 235/192 NUECES 21 1950 A.C. KOCUREK NUECES COUNTY WATER DIST, 474/101 NUECES 2I 1954 A C. KOCUREK SOUTHERN COMMUNITY GAS 622/234 NUECES 21 1936 A, C, KOCUREK TEXAS PIPELINE CO. 219/625 NUECES PARCEL #1 EASEMENT DATA EASEMENT NUMBER DATE RELEASED PREVIOUS OWNER OF EASEMENT RELEASED TO DEED RECORDING DATA VOL /PAGE COUNTY 20 1956 A.C, KOCUREK TEXAS EASTERN TRANS. 751/197 NUECES 20 1973 A.C. KOCUREK TEXAS EASTERN TRANS. 1466/646 NUECES WELL 10'X250'DP 1970 A.C. KOCUREK TEXAS PIPELINE CO, 1386/1024 NUECES 21 1936 A.C. KOCUREK TEXAS PIPELINE CO. 219/409 NUECES 21 1937 A.C. KOCUREK CROWN CENTRAL TRANS. CURP, 235/192 NUECES 21 1950 A.C. KOCUREK NUECES COUNTY WATER DIST, 474/101 NUECES 2l 1954 A.C. KOCUREK SOUTHERN COMMUNITY GAS 622/234 NUECES 21 1936 A.C. KOCUREK TEXAS PIPELINE CO. 219/625 NUECES CORPUS C}11i1STI INTFRNATIONAI. AIRPORT v„ ` 0:7-- MM EXHIBIT "A" Apm DAM GC1TtP'US CIIRIS!'I CITY OF CORPUS CHRISTI ty :1nci1r,�1. varx�rci DF..PARTMENT OF AVIATION 2010 vnc;R HEN VADQUEZ • PR➢ "' R WIRER WITH —Ml BOND Fl1Nn — PPRT — —'S RCINVCST...T AGREEMENT ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. 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) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as 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 the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in 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: Airport Sponsor Assurances (312011) 1 of 16 I. 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(x), et sea. C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et. sea. d. Hatch Act - 5 U.S.C. 1501, et sea. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Title 42 U.S.C. 4601, et sea. 12 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, et sec .. 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. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d -4. o.. Age Discrimination Act of 1975 - 42 U.S.C. 6 10 1, et__ sect. P. American Indian Religious Freedom Act, P.L. 95 -341, as amended. q. Architectural Barriers Act of 1968 - 42 U.S.C. 4 et sea r. Power Plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373. S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea t. Copeland Anti Kickback Act - 18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea 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. 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 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Airport Sponsor Assurances (312011) 2 of 16 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. 14 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 construction (also labor standards provisions applicable to non- construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federaIIy- 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 Disadvantaged Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real roperty acquisition for Federal and federally assisted programs. m. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug -free workplace (grants). P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Office of Management and Budget (OMB) 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. Airport Sponsor Assurances (312011) 3 of 16 These laws do not apply to private sponsors. 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement 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 area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary 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 grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or Airport Sponsor Assurances (312011) 4 of 16 modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non - compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non - compliance with the terms of the agreement. C. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall ensure that such arrangement also requires compliance therewith. g. It will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Airport Sponsor Assurances (312011) 5 of 16 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be 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 the project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty (60) 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 reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance - management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 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 Airport Sponsor Assurances (312031) 6 of 16 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 grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system 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 project 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 not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve Iabor, 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. 276x- 276a -5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 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 are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement, Any modification to the approved plans, specifications, and Airport Sponsor Assurances (312011) 7 of 16 schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. 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 Airport Sponsor Assurances (312011) 8 of 16 which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (.l) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land.Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- Airport Sponsor Assurances (312011) 9 of 16 (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. C. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the 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. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 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 Airport Sponsor Assurances (312011) 10 of 16 single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed - based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self - sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other Iocal 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 the 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 Airport Sponsor Assurances (3 /2011) 11 o €16 report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. C. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions -of Section 47107 of Title 49, United States Code. 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 airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; 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 instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 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, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. Five (S) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or Airport Sponsor Assurances (312011) 12 of 16 b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather - reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the Iocation of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or Airport Sponsor Assurances {312019} 13 of 16 benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 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' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential 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 land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United ,States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. C. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the ,Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such 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 Airport Sponsor Assurances (312011) 14 of 16 land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 6 -2 -2010 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will 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, it 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 administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, Airport Sponsor Assurances (312011) 15 of 16 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 aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in Section 47102 of Title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - (1) 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 to accommodate the request(s) in the six (6) month period prior to the applicable due date. Airport Sponsor Assurances (312011) 16 of 16 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 6/2/2010 View the most current versions of these ACs and any associated changes at: http:/Avww.faa.gov/airports/resources/advisoty circulars 7017460 -1K Obstruction Marking and Lighting 15015000-13A Announcement of Availability- --RTCA Inc., Document RTCA -221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 15015020 -1 Noise Control and Compatibility Planning for Airports 15015070 -6B Change 1 Airport Master Plans 150/5070 -7 The Airport System Planning Process 15015200 -28D Notices to Airmen (NOTAMS) for Airport Operators . 15015200 -30C Airport Winter Safety and Operations 15015200 -336 Hazardous Wildlife Attractants On or Near Airports 15015210 -5D Painting, Marking and Lighting of Vehicles Used on an Airport 15015210 -7D Aircraft Fire and Rescue Communications 15015210 -13B Water Rescue Plans, Facilities, and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 150/5210-15A Airport Rescue & Firefighting Station Building Design 15015210 -18A Systems for Interactive Training of Airport Personnel 15015210-19A Driver's Enhanced Vision System (DEVS) 15015220 -4B Water Supply Systems for Aircraft Fire and Rescue Protection 15015220 -13B Runway Surface Condition Sensor Specification Guide 15015220 -16C Automated Weather Observing Systems for Non - Federal Applications FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 7 , 4j R`3" �' ;x '^ n u:0 #• '�Vj'�Y ] .y�.s�.Y .,.f. �� f'ISf'LE �E A C 3 _A ty Sae Y' 'S C3`t+. Y ' Q— A5 Aab'"'"': 15015220 -17A Design Standards for an Aircraft Rescue Firefighting Training Facility and Change 1 15015220 -18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 15015220 -20 Airport Snow and Ice Control Equipment and Chan e 1 150/5220-21B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 15015220 -22A Engineered Materials Arresting System (EMAS) for Aircraft Overruns 15015220 -23 Frangible Connections 15015220 -24 Foreign Object Debris Detection Equipment 150/5300 -13 and Airport Design Changes 1 —15 15015300 -14B Design of Aircraft Deicing Facilities 15015300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Surve 150/5300-17B General Guidance and Specifications for Aeronautical Survey Airport Imagery Ac uisition 15015300 -18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 15015320 -5C Surface Drainage Design and Chan e 1 15015320 -6E Airport Pavement Design and Evaluation 15015320 -12C and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport through 8 Pavement Surfaces 15015320 -14 Airport Landscaping for Noise Control Purposes FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 1 MMBEL� a';*sxv.xkYeE;:xn'ni 15015320 -15A T 11 II[ L «� x���,` ......�,+�`v�zf:vx �3ri j... iFOS >, 2"vRn :'i�.- :{r'�.r� a'dur :s. i4.w Management of Airport industrial Waste 15015325 -4B Runway Length Requirements for Airport Design 15015335 -5A Standardized Method of Reporting Airport Pavement Strength PCN 15015340 -1 J and Change 2 Standards for Airport Markings (Change 1 &2) 15015340 -5C Segmented Circle Airport Marker System 15015340 -18E Standards for Airport Sign Systems 15015340 -30D Design and Installation Details for Airport Visual Aids 150!5345 -3F Specification for L821 Panels for the Control of Airport Lighting 15015345 -5B Circuit Selector Switch 1505345 -7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 15015345 -1 OF Specification for Constant Current Regulators Regulator Monitors 15015345 -12E Specification for Airport and Heliport Beacon 15015345 -13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 15015345 -26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 15015345 -28F Precision Approach Path Indicator (PAPI) Systems 15015345 -39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 15015345 -42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345 -43F Specification for Obstruction Lighting Equipment 15015345 -44H Specification for Taxiway and Runway Signs 15015345 -45C Low- impact Resistant (LIR) Structures FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 150/5345 -46D Specification for Runway and Taxiway Light Fixtures 15015345 -478 Specifications for Series to Series Isolation Transformers for Airport Lighting System 150/5345 -49C Specification L854, Radio Control Equipment 15015345 -508 Specification for Portable Runway and Taxiway Lights 15015345 -51A Specification for Discharge -Type Flasher Equipment 15015345 -52A Generic Visual Glideslope Indicators (GVGI) 150/5345 -53C Airport Lighting Equipment Certification Program 15015345 -54B Specification for L -1884, Power and Control Unit for Land and Hold Short 15015345 -55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure 15015345 -56A Specification for L -890 Airport Lighting Control and Monitoring System ALCMS 150/5360 -9 Planning and Design of Airport Terminal Facilities at NonHub Locations 15015360 -12E Airport Signing and Graphics 15015360 -13 and Change 1 Planning and Design Guidance for Airport Terminal Facilities 15015370 -2E Operational Safety on Airports During Construction 150/5370 -10E Standards for Specifying Construction of Airports 15015370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380 -6B Guidelines and Procedures for Maintenance of Airport Pavements 150 /5390 -26 Heliport Design 15015390 -3 Vertiport Design 15015395 -1 Seaplane Bases FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 6/2/2010 THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 6/2/2010 '= 'F �- r' � CfIflII3EG x 1 4 _- 4 '1 ` 4 Announcement of Availability — Passenger Facility Charge (PFC) Application 150/5100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 15015100 -15A Civil Rights Requirements for the Airport Improvement Program 15015100 -17 and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program through 6 Assisted Projects 15015200 -37 Introduction to Safety Management Systems (SMS) for Airport Operators 15015300 -15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320 -17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 15015370 -6D Construction Progress and Inspection Report— Airport Grant Program Change 1 -4 150/5370 -12A Quality Control of Construction for Airport Grant Projects 15015370 -13A Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5380 -7A Airport Pavement Management Program 150/5380 -8A Handbook for Identification of Alkali - Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 6/2/2010 CfIflII3EG x 1 4 _- 4 '1 ` 4 Announcement of Availability — Passenger Facility Charge (PFC) Application 15015000 -12 (FAA Form 5500 -1) U.S. Department Airports Division Transportation 2601 of Trans Meacham p Southwest Region 2609 Meacham Blvd Federal Aviation Arkansas, Louisiana, Fort Worth, Texas 76137 Administration New Mexico, Oklahoma, Texas The Honorable Joe Adame Mayor of Corpus Christi, Texas P.O. Box 9277 Corpus Christi, Texas 78469 -9277 _ Dear Mayor Adame: Your community has successfully completed all requirements and we are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (Alp) Project No. 3 -48- 0051 -048 -2011 at the Corpus Christi International Airport, Texas. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: • Your governing body must pass a resolution to accept, your attorney must certify, and lastly, you must execute the Grant Offer no later than September 14, 2011, to be valid. • After executing, you must (immediately) return the Grant Offer marked "Original" to us by overnight mail or facsimile, please keep the copy for your files. • (If applicable: Any paving cost over $250, 000 you 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 immediately without delay. We will be paying close attention to your progress to assure propor stewardship of these Federal funds. You are required to make an LOC draw for allowable incurred protect expenses every 30 days When you draw funds, you must pay those bills within 72 hours. If you fail to make draws regularly, your grant will be placed in "inactive" status which may impact future offers. Until the grant is completed and closed, you are responsible for submitting formal reports such as: • A signed and dated progress report a Statement and Distribution of AIP Project Costs and a SF 425 is due January 15, April 15, July 15, and October 15 detailing activity from the preceding quarter; 0a • Construction Progress Reports (FAA Form 5370 -1) are due every two weeps while on -site construction is in progress; When completed and all costs determined, you need to close quickly 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 ATP 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 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 loop forward to working with you to complete this important project. Sincerely, IA;, 0 4 I Michael Nicely Manager, Texas Airports Development Office Enclosure (2) cc: Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 -1801 Phone No.: (361) 289 -0171, Ext. 1213