HomeMy WebLinkAboutResolution - 2005-R0314 - Grant Agreement - FFA - Phase II Extension Of Taxiway Lima, Ramp Expansion LBB - 07_14_2005Resolution No. 2005-RO314
July 14, 2005
Item No. 26
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Grant Agreement for
Federal Assistance, in substantially the form of the attached Agreement, by and between
the City of Lubbock and the Federal Aviation Administration for funding the Phase H
Extension of the Taxiway Lima Project and Phase I General Aviation Ramp Expansion at
Lubbock Preston Smith International Airport, and all related documents. Said Agreement
is attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the Council
Passed by the City Council this 14th day
ATTEST:
Rebe ca Garza, City Secretary
OVED AS TO
Director of Aviation
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section
LC:J ccdocs/Res-FAA Gran t-Li ma. Phase I,II
June 30, 2005
CONTFtACT NO.
1*6204 <_n
�3
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
JUN2820Z
Date of Offer
Resolution No. 2005-RO314
_ Lubbock International
Airport/Planning Area
3_-48-0_1_38-028-2005 _
A!P Grant No.�
TO: The City of Lubbock, 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 Grant Application dated June 23, 2005, for
a grant of Federal funds for a project(s) at or associated with the Lubbock International
Airport which Grant Application, as approved by the FAA, is hereby incorporated herein and
made a part hereof; and
WHEREAS, the FAA has approved a project(s) for the Airport (or Planning Area) (herein called
the "Project') consisting of the following:
Extend Taxiway L (Phase 2); Rehabilitate General Aviation Apron
all as more particularly described in the Grant Application.
Whereas, this project will not be completed during fiscal year 2005, and the total U.S. share of the
estimated cost of completion will be $5,620,082.
FAA Form 5100-37 (10-89) Page 1 of 8
ASW-600 (1/03)
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49,
United States Code, as amended, herein called "the Act„, and in consideration of (a) the
Sponsor's adoption and ratification of the representations and assurances contained in said
Grant Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to
accrue to the United States and the public from the accomplishment of the Grant and
compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Grant, ninety-five (95) per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The maximum obligation of the United States payable under this Offer shall be $2,996,640.
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:
$2,996,640.00 for airport development.
2. The allowable costs of the project(s) shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States' share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project(s) without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the Secretary shall
prescribe, and agrees to comply with the assurances which were made part of the Grant
application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its
acceptance by the Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Grant unless this offer has been accepted by the Sponsor within 30 days of Grant
issuance, 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.
FAA Form 5100-37 (10-89) Page 2 of 8
ASW-600 (1/03)
8. The United States shall not be responsible or liable for damage to property or injury to
persons which may arise from, or be incident to, compliance with this grant agreement.
9. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY 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 or by an amount not to exceed 25 percent
of the total increase in allowable costs attributable to the acquisition of land or interests in
land, whichever is greater, based on current credible appraisals or a court award in a
condemnation proceeding.
10. 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.
11. INFORMAL LETTER AMENDMENT OF AIP GRANTS: It is mutually understood and
agreed that if, during the life of the Grant, the FAA determines that the maximum grant
obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or
five percent (5%), whichever is greater, the maximum obligation of the United States can be
unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there
is an overrun in the total actual eligible and allowable project costs, FAA may increase the
maximum grant obligation of the United States to cover the amount of the 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 Grant, the FAA determines that a change in
the grant description is advantageous and in the best interests of the United States, the change
in grant description will be unilaterally amended by letter from 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.
12. 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.
13. AIR AND WATER QUALITY: Approval of the project(s) included in this agreement is
conditioned on the Sponsor's compliance with applicable air and water quality standards in
accomplishing project construction. Failure to comply with this requirement may result in
suspension, cancellation, or termination of Federal assistance under this agreement.
14. FOR SPONSORS USING 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.
15. GRANTS ISSUED ON ESTIMATES: It is understood and agreed by and between the
parties hereto that this Grant Offer is made and accepted based on estimates for Taxiway L
FAA Form 5100-37 (10-89) Page 3 of 8
ASW-600 (1/03)
rehabilitation, and the parties hereby covenant and agree that within 365 days from the date of
acceptance of this Grant Offer, the Sponsor shall receive bids for the project contained within
the grant description.
16. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or
reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement
maintenance management program as is required by the Airport Sponsor Assurance Number
C-11. The Sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the
program must conform with the provisions outlined below:
Pavement Maintenance Management Program
An effective pavement maintenance management program is one that details the procedures to
be followed to ensure that proper pavement maintenance, both preventive and repair, is
performed. An airport sponsor may use any form of inspection program it deems appropriate.
The program must, as a minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
(1) Location of all runways, taxiways, and aprons;
(2) Dimensions;
(3) Type of pavement, and;
(4) Year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program assurances, pavements that have
been constructed, reconstructed, or repaired with federal financial assistance shall be so
depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a
year. If a history of recorded pavement deterioration is available, i.e., Pavement
Condition Index (PC[) survey as set forth in Advisory Circular 150/5380-6,
"Guidelines and Procedures for Maintenance of Airport Pavements," the
frequency of inspections may be extended to three years.
(2) Drive -By Inspection. A drive -by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition.
c. 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.
FAA Form 5100-37 (10-89) Page 4 of 8
ASW-600 (1/03)
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems
appropriate, as long as the information and records produced by the pavement survey can
be retrieved to provide a report to the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for
Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining
airport pavements and establishing an effective maintenance program. Specific types of
distress, their probable causes, inspection guidelines, and recommended methods of repair
are presented.
17. GRANTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor
agrees to perform the following:
a. Furnish a construction management program to the FAA prior to the start of
construction which shall detail the measures and procedures to be used to comply with
the quality control provisions of the construction contract, including, but not limited to,
all quality control provisions and tests required by the Federal specifications. The
program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall responsibility
for contract administration for the Grant and the authority to take necessary
actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be
provided.
(3) Procedures for determining that testing laboratories meet the requirements of the
American Society of Testing and Materials standards on laboratory evaluation
referenced in the contract specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test
standard, and the acceptance criteria or tolerances permitted for each type of
test.
(6) Procedures for ensuring that the tests are taken in accordance with the program,
that they are documented daily, and that the proper corrective actions, where
necessary, are 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 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.
FAA Form 5100-37 (10-89) Page 5 of 8
ASW-600 (1/03)
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.
18. FOR GRANTS WITH LAND ACQUISITION: It is understood and agreed by and between
the parties hereto that notwithstanding the fact that this Grant Offer is made and accepted upon
the basis of the current Exhibit "A" Property Map, the Sponsor hereby covenants and agrees
that upon completion of the land acquisition in this project, it will update said Exhibit "A" Property
Map to standards satisfactory to the Federal Aviation Administration (FAA) and submit said
documentation in final form to the FAA. It is further mutually agreed that the reasonable cost of
developing said Exhibit "A" Property Map is an eligible administrative cost for participation within
the scope of this project.
19. The maximum obligation for the current fiscal year stated in Condition 1 of this agreement
may be increased by the additional amounts, if any, added by the document issued under the
subparagraph below, but may not exceed the United State's share of the total estimated cost of
completion, except as provided in section 47108(b) of Title 49 U.S.C. Under section 47108(a)
of Title 49 U.S.C. and at the sponsor's request, the FAA commits the United States to obligate
an additional amount to this project for payment of its share of the cost, in accordance with the
terms hereof. This additional amount will include all or part of the funds apportioned to the
sponsor for FY 2006 under section 47114(c)(1)(A) of Title 49 U.S.C., subject to the restriction on
the use of such apportionments now or hereafter imposed on FAA by Appropriations Acts now
or hereafter enacted, or by any other statute or regulation. It is further understood by the parties
that this commitment does not in itself obligate, preclude, or restrict the FAA in the use of any
funds made available for discretionary use under sections 47114, 47115 and 47116 of Title 49
U.S.C. to further aid the Sponsor in meeting the cost of this project under the terms of this
agreement and limitations of law. The exact amount of this commitment will be established for
each fiscal year by the FAA in a letter to the sponsor stating the current maximum obligation for
this project. This letter will be issued to the sponsor by FAA when such computation and
obligation can be made in FY 2006. The parties agree that upon its issuance, this letter shall be
considered incorporated by reference into, and part of, this agreement.
The Sponsor's acceptance of this Offer and ratification and adoption of the Grant Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Grant and compliance with the
assurances and conditions as provided herein. Such Grant Agreement shall become effective
upon the Sponsor's acceptance of this Offer.
FAA Form 5100-37 (10-89) Page 6 of 8
ASW-600 (1/03)
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
J. Michael Nicely
(Typed Name)
Manager, Texas Airports Development Office
FAA Form 5100-37 (10-89) Page 7 of 8
ASW-600 (1/03)
a a C
PARTII- ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Grant Application and incorporated
materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant
Application.
Executed this 14th day of
(SEAL)
July
, 20 06
City of ubbo_c exas
(Name of onsor,,
of Spon s Designated
By: Marc McDou 1
( yped Name of onsor's Designated Officf
Representative)
Title: Mayor
Attest: (Typed Title of Sponsor's Designated Official
Representative)
-. ..........
City Secretary
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Linda L. Chamal es , 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 Texas . 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 Lubbock, Texas this 14th
a
day of July , 2005
(Signature of Sponsor's Attorney)
Senior Attorney
Office Practice Section
FAA Form 5100-37 (10-89) Page 8 of 8
ASW-600 (1/03)
APPLICATION FOR
FEDERAL ASSISTANCE
1. TYPE (W SUBMISSION
Application Preappbcation
® Construction ❑ Construction
❑ Non�onstnrction ❑ NW -CWSVUCborl
5. APPUCAW INFORMATION
Legal Name:
City of Lubbock
Address (give cifY county, state, and rip coder
Rt. 3 Box 389
Lubbock County
Lubbock Texas 79403-9710
6. EMPLOYER IDENTIFICATION NUMBER IERaI:
7 5 — 8 1 0 1 0 0 5 9 0
S. TYPE OF APPLICATION:
® New ❑ Continuation ❑ Revision
If Revision, enter appropriate letter(s) in box(es): ❑ ❑
A Increase Award B. Decrease Award C. Increase Duration
D. Decrease Duration Other (specify):
10. CATALOG OF FEDERAL DOMESTIC 2 0 1
ASSISTANCE NUMBER:
TITLE: Airport Improvement Program
12. AREAS AFFECTED BY PROJECT W0118v covntW, stoma. Ode.):
City of Lubbock, Lubbock County, Texas
2. DATE SUBMITTED
June 21, 2005
3. DATE RECEPM 13Y STATE
♦. DATE RECENED BY FEDERAL AGE
OMB Approval No.
Applicant Idenfrter
State Appricant Identifier
Federal Identifier
Organizational Unit
Lubbock Preston Smith International Airport
Name and telephone number of the person to be contacted on matters involving this application
(give area code)
James Loomis, Director of Aviation
(806) 775-3126
T. TYPE OF APPLICANT: (wit it appropriab loam In ba4
A
State
H.
Independent School Dist
B.
County
1.
State Controlled Institution of Higher Learning
C.
Municipal
J.
Private University
D.
Township
K
Indian Tribe
E.
Interstate
L
Individual
F.
Intermunicipat
M.
Profit Organization
G.
Special District
N.
Other (Specify)
9. NAME OF FEDERAL AGENCY:
Federal Aviation Administration
Ft. Worth, Texas 76193-0600
O 6 11 DESCRIPTIVE TITLE OF APPLCANTs PROJECT:
1. Extend Taxiway L (Phase II)
2. GA Ramp Improvements Phase i
13. PROPOSED PROJECT: % CONGRESSIONAL DISTRICTS OF:
Start Date Ending Date a Applicant b. Project
10l05 09I06 District 19 District 19
15. ESTIMATED FUNDING: 16. IS SPPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
T
a. Federal
$
$,62t),0$2
a. YES. THIS PREAPPLICA IONlAPPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTrVE ORDER 12372 PROCESS FOR REVIEW ON:
b. Applicant
f
624,454
DATE
c State
s
Q0
b. NO. ❑ PROGRAM IS NOT COVERED BY E.O. 12372
d. Local
s
00
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e. Other s .00
f. Program Income 3 00 17. 15 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL s 6,244, 536 ❑ Yes If "Yes,' attach an explanation. ® No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY
AUTHORED BY THE GOVERNING BODY OF THE APPLIC/WT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSDTANCF IS AWARDED.
a Typed Name of Authorized Representative b. Ttle c Telephone number
James Loomis Director of Aviation (806) 775-3126
d. Signature of Authori Native //Z
e. Date Signed
Previous Editions uwa Standard For 424 (REV 483)
Pre=bed by OMB GrsWw A-102
Authorized for Local Reproduction
U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184
PART 11
PROJECT APPROVAL INFORMATION
SECTION A
Item 1. Name of Governing Body
Does this assistance request requires State, local, Primary Rating
regional , or other priority rating?
Yes X No
Item 2. Name of Agency or
Does this assistance request require State, or local Board
advisory, educational or health clearances?
Yes X No (Attach Documentation)
Item 3. Request will go before clearinghouse on next scheduled
Does this assistance request require clearinghouse review meeting.
in accordance with OMB Circular A-95?
X Yes No
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
Yes X No
Item 5.
Is the proposal project covered by an approved
comprehensive plan?
X Yes No
Item 6.
Will the assistance requested serve a Federal
installation?
Yes X No
Item 7.
Will the assistance requested be on Federal land
or installation?
Yes
Name of Approving Agency
Date
Check one: State ❑
Local
Regional ❑
Location of Plan Lubbock International Airport
Name of Federal Installation
Federal Population benefiting from Project
Name of Federal Installation
Location of Federal Land
X No Percent of Project
Item 8. See instruction for additional information to be
Will the assistance requested have an impact or effect provided
on the environment?
Yes X No
Number of:
Item 9. Individuals
Will the assistance requested cause the displacement of 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 provided.
project previous , pending, or anticipated?
Yes X No
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2
U.S CEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB No. 04-R0209
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the
vicinity of the airport:
Height Hazard Zoning
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 aforementioned property map designated as Exhibit "A":
See attached 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
U.S bEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above 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 "A":
N/A
(C) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the
Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection
with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map
designated as Exhibit "A":
N/A
5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or
controlled by the Sponsor except as follows:
None
State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind
and nature, including liens, easements, leases, etc. The separate areas ofland 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
n. nTueuT ne ToeuconOTATInN - FFOFRAL AVIATION ADMINISTRAMN
orbs No. 80-R01 a4
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
$
$
$ 2,000
'
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
149,900
5. Other Architectural engineering fees
62,000
6. Project inspection fees
99,400
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
5,931,236
12. Equipment
13. Miscellaneous (Master Plan)
14. Total (Lines 1 through 13)
6,244,536
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
6,244,536
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
6,244,536
20. Federal Share requested of Line 19
5,620,082
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
5,620,082
23. Grantee share
624,454
24. Other shares
25. Total Project (Lines 22, 23 & 24)
$
$
6,244,536
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4
U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184
d
i
SECTION C — EXCLUSIONS
26
Classification
Ineligible for
Participation
Excluded From
Contingency Provision
(2)
a.
$
$
b,
C.
d.
e.
f.
9.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$
a. Securities
b. Mortgages
c. Appropriations B Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
Passenger Facility Charges
624,454
h. TOTAL - Grantee share
28. Other Shares
a. State
-
b. Other
c. Total Other Shares
29. TOTAL
$
624,454
SECTION E — REMARKS
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Farm 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5
PART IV
PROGRAM NARRATIVE
Objective:
Extend Taxiway L (Phase 11): The existing pavement on Taxiway A located west of Runway 17R/35L has
deteriorated and reached the end of its design life. This taxiway will be removed. The partial Taxiway L located
west of Runway 17R/35L will be extended to serve Runway 17R/35L. Approximately 38,000 square yards of new
14" PCC pavement will be constructed to serve air carrier aircraft. This project will include removal of existing
asphalt and concrete pavement, removal and installation of taxiway lighting, modifications to the existing electrical
vault, new PCC pavement, new asphalt pavement, drainage improvements, excavation and embankment.
GA Ramp Improvements (Phase 1): This project involves expanding and reconfiguring the general aviation ramp
adjacent to the old passenger terminal. The project involves approximately 25,000 square yards of new concrete
general aviation apron with incidental markings, edge lighting, site grading and drainage, and geotechnical
investigation.
Benefits:
Extend Taxiway L (Phase II): The separation distance between existing Taxiway A and Runway 17R/35L does
not meet the FAA requirements for the current designated category D-IV runway. The existing partial Taxiway L
does meet the separation distance. This project will extend Taxiway L to replace Taxiway A, improving the safety
of the Airport and air carrier users of Runway 17R/35L.
GA Ramp Improvements (Phase 1): The project will enhance the efficiency and capacity of the general aviation
ramp on the west side by providing additional space to maneuver in order to access FBO's adjacent to the ramp.
The additional ramp space will also enhance aircraft safety during taxi operations.
Part I - AT Grant Master Certification
• Sponsor Certification for Selection of Consultants
• Sponsor Certification for Project Plans and Specifications
• Sponsor Certification Equipment/Construction Contracts
Sponsor's Name: City of Lubbock
Airport: Lubbock International Airport
Project Number:
Project Description: Extend Taxiway L (Phase U) and GA Ramp Improvements (Phase I)
Section 47105 (formerly 509(d)) of the Airport and Airway Improvement Act of 1982, as amended
(herein called the Act), authorizes the Secretary to require certification from sponsors that they will
comply with statutory and administrative requirements. The following list of certified items includes
major requirements for this aspect of project implementation. However, the list is not comprehensive,
nor does it relieve sponsors from fully complying with all applicable statutory and administrative
standards. Every certified item must be marked. Each certified item with a "no" response must be fully
explained in an attachment to this certification. If the item is not applicable to this project, mark the
item "N/A."
I certify that, for the project identified herein, the responses to the following items are correct as marked,
and that the attachments, if any, are correct and complete.
Signed:
Sponsor's Authorized Representative
James Loomis. Director of Aviation
Typed Name and Title of Sponsof s Representative
Dated:
This certification shall be submitted to the appropriate FAA Airport Development Office after bids have
been secured and prior to entering into the contract.
This master development certification is a reformatted version of Sponsor Certifications included within
Attachments 1 through 3 of AIP Guidance Letter 91-1.
Part I - Master Development Certification 9/98
SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS
General procurement standards for consultant services within Federal grant programs are
described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided
they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14C.
1. Advertisements were placed to ensure fair and open competition from a wide area of interest.
Yes X No N/A
2. For contracts over $25,000, consultants were selected using competitive procedures based on
qualifications, experience, and disadvantaged business enterprise requirements with the fee determined
through negotiation.
Yes X No N/A
3. An independent cost analysis was performed, and a record of negotiations has been prepared
reflecting the considerations involved in the establishment of fees.
Yes X No N/A
4. If engineering or other services are to be performed by sponsor force account personnel, prior
approval was obtained from FAA.
Yes No N/A x
5. The consultant services contracts clearly establish the scope of work and delineate the division of
responsibilities between all parties engaged in carrying out elements of the project.
Yes X No N/A
6. Costs associated with work ineligible for AIP funding are clearly identified and separated from
eligible items.
Yes X No NIA
7. All mandatory contract provisions for grant -assisted contracts have been included in all consultant
services contracts.
Yes X No N/A
Part I - Master Development Certification 9/98
8. If the contract is awarded without competition, pre -award review and approval was obtained from
FAA.
Yes No N/A X
9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not
used.
Yes X No N/A
10. If the services being procured cover more than the single grant project referenced in this
certification, the scope of work was specifically described in the advertisement, and future work will not
be initiated beyond five years.
Yes X No N/A
SPONSOR CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS
General AIP standards are described in Advisory Circulars 150/5100-6,150/5100-15, and
150/5100-16. A list of current advisory circulars with specific standards for design or construction
of airports and procurement or installation of airport equipment and facilities is referenced in
Grant Assurance 34.
1. The plans and specifications were developed in accordance with all applicable Federal standards and
requirements, and no deviation from or modification to standards set forth in the advisory circulars was
necessary other than those previously approved by FAA.
Yes X No N/A
2. Specifications for the procurement of equipment are not proprietary or written so as to restrict
competition. At least two manufacturers can meet the specification.
Yes X No N/A
3. The development included in the plans is depicted on an airport layout plan approved by FAA.
Yes X No N/A
4. Development which is ineligible for AIP funding has been identified in the plans and specifications.
Yes No N/A X
Part I - Master Development Certification 9/98
5. Process control and acceptance tests required for the project by standards contained in Advisory
Circular 150/5370-10 are included in the project specifications.
Yes X No N/A
6. If a value engineering clause is incorporated into the contract, concurrence was obtained from FAA.
Yes No N/A X
7. The plans and specifications incorporate applicable requirements and recommendations set forth in
the Federally -approved environmental finding.
Yes No N/A X
8. For construction activities within or near aircraft operational areas, the requirements contained in
Advisory Circular 150/5370-2 have been discussed with FAA and incorporated into the specifications.
A safety/phasing plan has been prepared, and FAA concurrence has been obtained, if required.
Yes X No N/A
9. The project will be physically completed without Federal participation in costs due to errors or
omissions in the plans and specifications which were foreseeable at the time of project design.
Yes X No N/A
SPONSOR CERTIFICATION FOR EQUIPMENT/CONSTRUCTION CONTRACTS
Standards for advertising and awarding equipment and construction contracts within Federal grant
programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting
State and local laws or regulations provided procurements conform to specific standards in 49 CFR 18
and Advisory Circulars 15015100-6, 15015100-15, and 15015100-16.
1. A code or standard of conduct is in effect governing the performance of the sponsor's officers,
employees, or agents in soliciting and awarding procurement contracts.
Yes X No N/A
2. Qualified personnel are engaged to perform contract administration, engineering supervision, and
construction inspection and testing.
Yes X No N/A
3. The procurement was publicly advertised using the competitive sealed bid method of procurement.
Yes X No N/A
Part I - Master Development Certification 9/98
s,
4. The request for bids clearly and accurately describes all administrative and other requirements of the
equipment and/or services to be provided.
Yes X No N/A
5. Concurrence was 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 responsive and responsible bidder;
c. Life cycle costing is a factor in selecting the lowest responsive bidder, and
d. Proposed contract prices are more than 10 percent over the sponsor's cost estimate.
Yes X No N/A
6. All contracts exceeding $100,000, require a bid guarantee of 5 percent, a performance bond of 100
percent, and a payment bond of 100 percent.
Yes X No N/A
7. Contracts exceeding $100,000 contain provisions or conditions specifying administrative,
contractual, and legal remedies, including contract termination, for those instances in which contractors
violate or breach contract terms. They also contain provisions requiring 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), Executive Order 11738, and environmental
protection regulations (40 CFR Part 15).
Yes X No N/A
8. All construction contracts involving labor contain provisions ensuring that in the employment of
labor honorably discharged Vietnam era veterans and disabled veterans will be given preference.
Yes X No N/A
9. All construction contracts exceeding $2,000 contain provisions requiring compliance with the
Davis -Bacon Act and bid solicitations contain a copy of the current Federal wage rate determination.
Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 USC 327-330) and the Copeland "Anti -Kick Back" Act are included.
Yes X No N/A
10. All construction contracts exceeding $10,000 contain appropriate clauses from 41 CFR Part 60 for
compliance with Equal Employment Opportunity Executive Order 11246.
Yes X No N/A
Part I - Master Development Certification 9/98
11. All contracts and subcontracts contain clauses required from Title VI Civil Rights Assurances and
49 CFR 23 for Disadvantaged Business Enterprises.
Yes X No N/A
12. Appropriate checks have been 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
DOT element and appearing on the DOT Unified List.
Yes X No N/A
Part I - Master Development Certification 9/98
Site No. - 24245.A
Loch 10 - LBB
REMARKS: —
• 1. quad. - 7.5 IWn. New Deal.
2. Twy H Not Lighted.
3. Twy L ReAecim OMy.
--- MALSR
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AIRPORT I.00ATION
AIRPORT LAYOUT
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D 1000 2000
Scale In Fact
5-t-2003
LUBBOCK
INTERNATIOW
AIRPORT
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PART V
ASSURANCES
Airport Sponsors
A. General.
1: These assurances shad be ccmpiied 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 p�iy� of Ttt
49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsce means a public agency with control of a public -us,
airport; the term "private sponsor' means a private owner of a pubic -use airport; and the term "sponsor" includes Both pub agency
sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreemment.
B. Duration -and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agm yrsponsor, The terms, conditfons arc
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
facility under a noise compatibility program project. but in any event not to exceed twenty (20) years from the date of acceptance of a gran
affer 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 an the duration of the terms, conditions, and assurance
with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the
assurances.
2. Alrport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to
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 shad be no less than ten (10) years (norm 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, S. 6, 13, 18. 3(
32. 33. and 34 in section C apply to planning projects. The terms, concOons, and assurances of the grant agreement shall remain in full
force and effect during the life of the project
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1: General Federal Requirements. It will comply with all applicable Federal, laws. regulations, executive orders, policies, guidelines, and
requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the fdiowing
Federal Legislation
a. Title 49, U.S.C., subtitle Vii; as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seg.
d. Hatch Act - 5 U.S.C. 1501. et se .2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601. et s2g1 2-
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea_
i. Ciean Air Act, P.I_ 90-148. as amended.
j. Coastal Zone Management Act, P.L 93-205, as amended.
k. Flood Disaster Protection Actof 1973 - Section 102(a) -42 U.S.C. 4O120
I. 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 Ad of 1964 - Title V1 - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101. ets
p. American Indian Religious Freedom Act, P.L 95-341, as amended.
q Architectural Barriers Act of 1968 -42 U_S.C_ 4151, et sea" 1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg. 1
t. Copeland Antikickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et se .1
v. Wild and Scenic Rivers Act, P.L 90-542, as amended.
W. Single Audit Act of 19M - 31 U.S.C. 7501, et seg.2
X. Orug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Assurances (9/99) V-1
Executive Orders
Executive Order 11246 - Equal Employment Opportunityt
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Rood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12M - Seismic Safety of Federal and Federally Assisted New Building Constructiortt
Executive Order 12M - Environmental Justice
Federal Regulations
a. 14 CFR Pad 13 - investigative and Enforcement Ptocedures.
b. 14 CFR Part 16 - Rules of Practice For Federapy Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Pad 1 - Procedures for predetermination of wage rates.1
a. 29 CFR Part 3 -Contractors and subcontractors on public building or pubic wort financed in whale or pad by loans or grants frt
the United States.l
f_ 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (alga
labor standards provisions applicable to non -construction contracts subject to the Contrail Work }lours and Safety Standards
Act).1
¢ 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Egifal 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 gcvemments.3
L 49 CFR Part 20 - New restrictions on lobbying.
} 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI
the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport concessions.
L 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs,l 2
rn. 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 benefitting from Federal
financial assistance.1
o. 49 CFR Part 29— Government wide debarment and suspension (non -procurement) and government wids requirements for drug
free workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of counties 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 eonsbuction.I
Office of Management and Budget Circulars
& 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-
2 These laws do not apply to private sponsors.
3 49 CFR Part 18.and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistants.
Any requirement levied upon State and Local Governments by this regulation and cireslar shall also be appfipbie to pmrate
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 tr
reference in the grant agreement
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor. It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a
resolution, motion or similar action has been duly adopted or passed as an official act of the appliranrs governing body authorizing th
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 tarty 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 ad 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 as sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own o
control.
4. Good Title.
a. It, a public agency or the Federal government, holds good litle, satisfactory to the Secretary, to the landing area of the airport or site
thereof, ar will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibirity program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secreta
to that portion of the property upon which Federal funds will be expended crwiil give assurance to the Secretary that good title will be
obtained_
Airport Assurances (9199) V-2
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 c
the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to
acquire, extinguish or modify any outstanding rights or claims of right of others which woad 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 an Exhi
A to this application or, for a noise compatibility program project, that portion of the property upon which Federal Funds have been
expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations- of the grant agreeme
and to have the power, authority, and financial resources to carry out ad such ob5gations, the sponsor shad insert in the contractor
document t3nsfering or disposing of the sponsors interest, and make binding upon the rnderee ad of the terns, conditions, and
assurances dined in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by anotherunit of local government or are on properly owned
by a unit of local government other than the sponsor, it will enter into an agreement with that goverment Except as otherwise
specified try the Secretary, that agreement shalt obligate that government to the same temps, conditions, and assurances that would t
applicable to a 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 the
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 c
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
a. 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
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 icy any agency or person other than the sponsor or an
employee of the sponsor, the sponsor wilt reserve sufficient rights and authority to insure that the airport wilt be operated and
maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant
agreement and shall insure that such arrangement also requires compliance therewith.
S. Consistency with Local Plans. The project is reasonably consistent with plans (e)dsting.at the time of subrnission 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 locatec
a. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has
undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport. an airport runway, or a nrajor 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 shalt, 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 boated or has advised the communities that the
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 wilt 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 shalt be obtained from such Administrator. Notice of certification or refusal to certify shall be provided withi
sixty days after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program air
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 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.
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 sha
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 shalt make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized
representatives. 'or 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
connection with which the grant was given or used, it shall rile a certified copy of such audit with the Comptroller General of the Unite
States not !ater than six (5) months feiloweng the close of the fiscal year far which the audit was made.
Airport Assurances (9l99) V-3
14, Minimum Wage Rates. It shag include, in all contracts in excess of 32.000 for wank on any projects funded under the grant agreement
which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the
0avis•Bacon Act as amended (40 U.S.C. 276a-276a-5), which contractors shag 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 wort.
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 posifions�
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.
1H. Conformity to Plans and Specifications. It will execute the project subject to pions; specifications, and schedules approved by the
Secretary. Such plans. specifications. and schedules shall be submitted to the Secretary prtorto 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 Awry modification to the approved plans. specifications, and schedules shall also be subject to approval of the Secretary. and
incorporated into the grant agreement.
17. Construction inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout
the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project It shall
subject the construction work on arry 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.
m Planning Projects. in carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative mr>tained 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.
a. 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. t will grant the Secretary the right to disapprove the sponsors 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 sponsors employees to do all or any part of the project
h. It understands and agrees that the Secretary's approval of this project grant orths 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 formaintenanca and operation. it wit not cause or
permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily
dose the airport for non -aeronautical purposes must first be approved by the Secretary.
in furtherance of this assurance, the sponsor will have in effect arrangements for-
(1) Operating the airports aeronautical facilities whenever required;
(2) Promptly marking and fighting 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 shad be construed as
requiring the maintenance. repair, restoration, or replacement of any structure or fad)ity 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) 411 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 taws, 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 nois a 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.
Airport Assurances (9/99) V-4
2Z Economic Nondiscrimination.
a It will make the airport available as an airport for public use on reasonable terns 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.
ta. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, e
corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will inse
and enforce provisions requiring the contractor to-
(1) furnish said services on a reasonable. and not unjustly discriminatory, basis to all users thereof, and
(2) change reasonable, and not unjustly discriminatory, prices for each unit ar service, provided that the contractor may be allowed h
make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume pm
C. Each fixed -based operator at the airport shaft be subject to the same rates, fees, rentals, and other charges as are urrffonnly apprrcab
to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar fadrltles,
d. Each air carrier using such airport shall have the right to service itself or to use any fried -based operator that is authorized or permitte
by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shag be subject to such
nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges Mth respect to
facilities directly and substantially related to providing air trans portaticin as are appieable to all such air carriers which make similar us
of such airport and utilize similar facilities, subject to reasonable classifications such as tenarts or nontenants and signatory carriers
and nonsignatorycarriers. Classification or status as tenant or signatory_ shall not be unreasonably withheld by any airport provided ar
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 an its own aircraft with its own employees (ncludIN, 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 an 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 pemrit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical
services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fused -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, firrn, or corporation, the exclusive right at the
airport to conduct any aeronautical activities, including, but not limited to charter &;hts, 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 Ath 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 wilt 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 True 49. United States Code, the Airport and Airway Improvement Act of 1982. the Federal Airport Act or the
Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that
airport.
Airport Assurarces (9t99) V-S
25. Airpart Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30. 1987, will be expended by
for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the
owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or
property; or for noise mitigation purposes on or off the airport Provided, however, that if covenants or assurances in• delft obligation
issued before September 3, 1982. by the owner or operator of the airport, or provisions enacted before September 3. 198Z, in
governing statutes controlling the owner or operators financing, pnavide for the use of the revenues from any of the airport owner or
operators facMee, including the airport to support not only the airport but also the airport owner or operators general debt obiigatim
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 tax,
on aviation fue) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984. the sponsorwiti direct that the audit will review. and the
resulting audit report wid provide an opinion concerning, the use of airport revenue and taxes in paragraph (a). and indicating whethe
funds paid cw transferted to the owner or operator are paid or transferred in a manner consistent with Title 49. United States Code an
any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
m Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 4710
of Title 49. United States Code.
21L Reports and inspecifons. 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 publlc 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 term;
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:
(i) all amounts paid by the airport to arty other unit of government and the purposes forwhich each such payment was made; and
(7 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.
V. Use by Government Aircraft. It will make available aq 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 ad 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, orotherMse agreed to try
the sponsor and the using agency, substantial use of an airport try 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 authorize
aircraft. or during any calendar month that-
3. Five (5) or more Government aira aft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross
accumulative weight of Government aircraft using the airport (the total movement of Government ainxaft multiplied by gross
weights of such aircraft) is in excess of five million pounds.
23. Land for Federal Facilities It will Fumish without cost to the Federal Government foruse 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 maintenanc
at Federal expense of space or facilities for such purposes. Such areas or any portion thereof vAQ be made available as provided herein
within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions
thereto, together with the boundaries of all offsite 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 location 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 evident, -
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 fawilities 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.
Airport Assurances (9199) V-o
b. If a change or alteration in the airport or the facilities is made whtich the Secretary determines adversely affects the safety, utility, or
efficiency of any federally owned, leased, of funded property on or off the airport and which is not in conformity with the airport layot
plant 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 1
Secretary and all casts of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operat
existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It wil comply with such rules as are promulgated to assure that no person shalt, an the grounds of race, creed. cola nador
origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting front funds received from this gran
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 structtues 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 involvirtc
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 need,
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.
b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no
longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equ;
to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition
which is proportionate to the United States' share of the cost of acquisition of such land will. (a) upon application to the Secretar
be reinvested in another eligible airport improvement projector projects approved by the Secretary at that airport or within the
national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical
purposes (nctuding runway protection zones) or serve as noise buffer land, and (b) 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 makir
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. .
c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to
ensure that such land wilt 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 -contrail for program rmanagement, 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 I),
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 C=ulam for AIP projects, dated 7 1/9
and included in this grant, and in accordance with applicable state policies, standards, and specifications approved try 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 0 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 wilt permit, to the maximum extent practicable, intercity buses or other modes
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 away
and performance of any DOT -assisted contract or in the administration of its D8E 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 administratic
of DOT -assisted contracts. The recipient's 08E program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 andlor the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
Airport Assurances (9i99) V-7
CURRENT FAA ADVISORY CIRCULARS FOR AIPfPFC PROJECTS
.Updated on: 7/1/99
The following apply to both AIP and PFC Proiects
NUMBER
TITLE
7017460-1J
Obstruction Marking and Lighting
150/5000-13
Announcement of Availability—RTCA hc, Document RTCA-221, Guidance
and Recommended Requirements forAirciort Surface Movement Sensors
150/5210-58
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-73
Aircraft Fire and Rescue Communications.
150/5210-13A
Water Rescue Plans, Facilities, and Equipment
150/5210-14A
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15
Airport Rescue & Firefighting Station Budding Design
15015210-18
Systems for Interactive training of Airport Per
15015210-19
Driver's Enhanced Vision System (DEVS).
150/5220-48
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10B
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
15015220-13B
Runway Surface Conditan Sensor Specification Guide
150/5220-168
Automated Weather Observing Systems for NonFederal Appiigtions
150/5220-17A
Design Standards for Aircraft Rescue Firefighting Training Faalities
150/5220-18
Buildings for Storage and Maintenance of Airport Snow and Ice Control:
Equipment and Materials
15015220-19
Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting
Vehicles
150/5220-20, CHG 1
Airport Snow and Ice Control Equipment
150/5220-21A
Guide Specificatioi r for Lifts Used to Board Airline Passengers With Mobility
Impairments
15015300-13, CHG-1, 2, 3, 4, 5
Airport Design
15015300-14
Design of Aircraft Deicing Facilities
150/5320-5B
Airport Drainage
15015320-60
Airport Pavement Design and Evaluation
150/5320-12C
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
15015320-14
Airport Landscaping for Noise Control Purposes
150/5320-16
Airport Pavement Design for the Boeing 777 Airplane
150/5325-4A, CHG 1
Runway Length Requirements for Airport Design
150/5340-iG
Standards for Airport Markings
150/5340-4C, CHG 1 & 2
Installation Details for Runway Centertine Touchdown Zone Lighting
Systems
15015340-5121, CHG 1
Segmented Circle Airport Marker System
15015340-14B, CHG 1 & 2
Economy Approach Lighting Aids
15015340-178
Standby Power for Non -FAA Airport Lighting Systems
150/5340-18C, CHG 1
Standards for Airport Sign Systems
15015340-19
Taxiway Centerline Lighting System
15015340-21
Airport Miscellaneous Ughting Visual Aids
15015340-238
Supplemental Wind Cones
1506340-24, CHG 1
Runway and Taxiway Edge Lighting System
15015340-27A
Air -to -Ground Radio Control of Airport Ughting Systems
15015345-30
Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5345-70, CHG 1
Specification for L824 Underground E!ectngl Cable for Airport Lighting
Circuits
Airport Assurances (9199) 1 V-8
CURRENT FAA ADVISORY CIRCULARS FOR AIPIPFU PROJECTS
Updated on: 7/1/99
NUMBER
TITLE
15GJ5345-10E
Specification for Constant Current Regulators Regulator Monitors
150/5345-12C
Specification for Airport and Heliport Beacon
150/5345-13A
Specification for L841 Awoliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-268, CHG 1 & 2
Specification for L823 Plug and Receptacle. Cable Connectors
150/5345-27C
Specification for Wind Cone Assemblies
150/5345-280, CHG 1
Precision Approach Path Indicator (PAPI) Systems
150/5345-39B, CHG i
FAA Specification L853, Runway and Taxiway Centerline Retroreffective
Markers
150/5345-42C, CHG 1
Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43E
Specification for Obstruction Lighting Equipment
150/5345-44F, CHG 1
Specification for Taxiway and Runway Signs
150/5345-45A
Lightweight Approach Light Structure
150/5345-46A
Specification for Runway and Taxiway Light Fixtures
150/5345=47A
isolation Transformers for Airport Lighting Systems
150/534549A
Specification L854. Radio Control Equipment
150/5345-50, CHG 1
Specification for Portable Runway Lights
15015245-51, CHG 1
Specification for Discharge -Type Flasher Equipment
15015345-52
Generic Visual Glidesiope Indicators (GVGI)
150/5345-53A, including addendum)
Airport Lighting Equipment Certification Program
1506360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A
Airport Signing & Graphics
150/5360-13, CHG 1
Planning and Design Guidance for Airport Terminal. Facilities
1S0/5370-2C
Operational Safety on Airports During .Construction
150/5370-10A
CHG 1, 2. 3. 4, 5, 6. 7, 8, 9
Standards for Specifying Construction of Airports
150/5390-2A
Heliport Design
150/5390-3
Vertiport Design
The following apply. to AIP Projects only
NUMBER
TITLE
150/5100-14C
Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
1 501520G-30A, CHG 1 & 2
Airport Winter Safety and Operations
150/52OG-33
Hazardous Wildlife Attractants On or Near Airports
150/5300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5370-11, CHG 1
Use of Nondestructive Testing Devices in the Evaluation of Airport
Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5370-68
Construction Progress and Inspection Report -Airport Grant Program
The following apply to PFC Projects only
NUMBER TITLE
15015000-12 Announcement of Availability - Passenger Facility Charge (PFC) Application
(FAA Form 5500-1)
Airport Assurances (9/99) \J-9
CONTRACT NO.
00005 689
March 18, 21O0i
Mr. James W. Loomis, A.A.E.
Director of Aviation
Lubbock Preston Smith International Airport
Route 3 Box 389
Lubbock, Texas 79403
Re: Amendment No. 1 to Agreement for A/E Services for Airport hnprovemeut Projects:
GA Ramp Expansion — Phase I
Dear Mr. Loomis:
We have met with your staff, reviewed the project and prepared an Engineers Opinion of Probable Cost (EOPQ
to design the improvements to the West GA Ramp as illustrated in the attached drawing. Our understanding of
the scope items and a fee proposal for Task 1 (design), Task 2 (construction) and Task 3 (surveying/testing) is
included in the attached EOPC.
GA Ramp Expansion — Phase I:
Task 1- Fee for Professional Services (Study and Report, Preliminary Design,
Final Design and Bidding/Negodation, lump sum). $87,600
Task 2 - Construction Phase Services (which includes RPR and construction
related Engineering Services, lump sum). $65,200
Task 3 - Surveying and Testing Services, (reimbursable expense)_ 24 000
TOTAL $176,800
We propose to modify the agreement between the City of Lubbock and Parkhill, Smith & Cooper, Inc. dated
January 13, 2005 and to provide the task 1 and task 2 services on a lump sum basis under the provisions of the
contract, EXHIBIT B — PAYMENTS TO THE ENGINEER, LUMP SUM METHOD, Paragraph B4.01.A.I I.
We propose to provide the task 3 services as a reimbursable expense as outlined under the provisions of
EXHIBIT B — PAYMENTS TO THE ENGINEER, LUMP SUM MEI'):iOD, Paragraph B4.02.A.2,
reimbursable expenses. Compensation for Design Phase - Task 1, Construction Phase - Task 2 services and
Task 3, Surveying and Testing Services shall not exceed $176,800 without Owner's approval.
Parkhill, Smith & Cooper, Inc.
Engineers ■ Architects ■ Planners
4222 85th Street, Lubbock, Texas 79423
(806) 473-2200 FAX (806) 473-3500
n o..p., Midland Amarillo
Odessa
G +7
CONTRACT NO.
0000555
/1 f�
March 18, 2005
Mr. James W. Loomis, A.A.E.
Director of Aviation
Lubbock Preston Smith International Airport
Route 3 Box 389
Lubbock, Texas 79403
Re: Amendment No. 1 to Agreement for Engineering Services for ConstrucliorvExterWon of Taxiway
Lima: '
• Taxiway Lima Shoulders and Extension of Taxiway B to Taxiway L, Demolition and Re-
grading of Taxiway C
Dear Mr. Looms:
We have met with your staff, reviewed the project and prepared an Engineers Opinion of Probable Cost (EOPC)
to add the additional design components to the above referenced project. Our understanding of the additional
scope items and a fee proposal for Task 1 (design), Task 2 (construction) and Task 3 (surveying/testing) is
included in the EOPC under Additive Alternate B — Taxiway L Shoulder & Taxiway B.
Taxiway Lima Shoulders and Extension of Taxiway B to Taxiway L. Demolition and Re -grading of
Taxiway C:
Task 1 - Fee for Professional Services (Study and Report, Preliminary Design,
Final Design and Bidding/Negotiation, lump sum). $62,300
Task 2 - Construction Phase Services (which includes RPR and construction
related Engineering Services, lump sum). $34,200 t'(
Task 3 - Surveying and Testing Services, (reimbursable expense). $38,000 ��6,N)`
TOTAL $134,500
We propose to modify the agreement between the City of Lubbock and Parkhill, Smith & Cooper, Inc. dated
August 16, 2004 and to provide the task 1 and task 2 services on a lump sum basis under the provisions of the
contract, ATTACHMENT B - COMPENSATION. We proposed to provide the task 3 services as a
reimbursable expense as outlined under the provisions of ATTACHMENT B — COMPENSATION.
Compensation for Design Phase - Task 1, Construction Phase - Task 2 services and Task 3, Surveying and
Testing Services shall not exceed $134,500 without Owner's approval_
Parkhill, Smith & Cooper, Inc.
Engineers P ?Architects - Planners
42212 85th Str9at, i_v&,cck, T• : > 'r 9 - �3
(80,-) 473-2200 L? [flub;:
AGREEMENT
FOR
ENGINEERING SERVICES
THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and
Parkhill, Smith & Cooper, Inc., with principal offices at 4222 85`h Street, Lubbock, Texas 79423
(hereinafter referred to as Engineer):
WITNESSETH:
WHEREAS, Owner intends to construct an extension to Taxiway Lima at the Lubbock
International Airport (hereinafter referred to as the project); and
WHEREAS, Owner requires certain professional engineering services in connection with the
Project (hereinafter referred to as the Services); and
WHEREAS, Engineer is prepared and has the ability to provide such Services;
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as
follows:
ARTICLE I - EFFECTIVE DATE
The effective date of this Agreement shall be August 16, 2004
ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform the Services described in Attachment A, Scope of Services, which is
attached hereto and incorporated by reference as part of this Agreement.
ARTICLE 3 - COMPENSATION
Owner shall pay Engineer for Services in accordance with Attachment B, Compensation, which is
attached hereto and incorporated by reference as part of this Agreement, and compensation for
Design Phase, Bid Phase and Construction Phase shall not exceed $912,800 without Owner's
approval.
The work will be broken out into three phases or tasks (design, construction and
surveying/testing):
Task I - Fee for Professional Services (Study and Report,
Preliminary Design, Final Design and Bidding/Negotiation, lump sum)
$
375,400
1)
`
Task 2 - Construction Phase Services (Includes RPR and
construction related Engineering Services, lump sum)
$
415,900
1 ✓�
Task 3 - Surveying and Testing Services (reimbursable expense)
$
121,500
(y�"
$
912,800
\
I
June 20, 2005
Mr. Steve Nicholson
Deputy Director
Lubbock Preston Smith International Airport
Route 3, Box 389
Lubbock, TX 79401
Re: Construction/Extension of Taxiway L
Dear Mr. Nicholson:
We have examined the bids that were received Wednesday June 15, 2005 for the above referenced project and
prepared the enclosed Bid Tabulation Spreadsheet. We found no math errors that would have changed the
results of the bid opening. Therefore, it is our recommendation that the base bid be awarded to Duininck
Brothers, Inc.
Please let me know if I need to provide you with any additional information.
Sincerely,
PAREHIILL, SMITH & COOPER, INC.
By
T. Hamilton, PE
Corporate Associate
JTH/mmc
Enclosure
cc: Mr. James W. Loomis, Director of Aviation
Mr. Bruce MacNair, COL Purchasing Department
R:lp ycu121XY nN.00MRRFSP,LMftO 2005.DM
Parkhill, Smith & Cooper, Inc.
Engineers • Architects ■ Planners
4222 85th Street, Lubbock, Texas 79423
(806) 473-2200 FAX (806) 473-3500
Lubbock El Paso Midland Amarillo Otiacca
k. Y
M
1
j LUiQBOf� PI�ESTta�M1, NNAT�pNA4 AIRPORT
rlConstuc/t�iQo�tlzte�tsto�l/��pf.:MTiway 1,
' 1 'f -1 .-J x.- `Sr�Q611,120051:{7y lf�`.!'", r* 1 >4 { I �N s, P t a t:.l.,,, ry.,.y e V `t^ 2' S y ', r ..
�',I,�. II �` a
'� s n ,� xl..14'3'"'�Y4.t? 'oi'e ' cY�P'�WYte�4
+;� Ly,
S..S,� r," 'S#a�H �Y'Sd"'
�a�
��-�'�1✓/7a'�..ry
M"�+5 .34 ..T L.
i$icll +'
t
Alternate 2
Total Base Bid +
£
4,Ita>�iv6k1fT�+tal'a`I$a
h
\.eV�'-BfC�S,
V i5 Pam}
1 '4
{ 5''.ikl�rC'N .rr.# 5
_ ....
e1
i'Yt
�1J
CantraCtor)TT�T
FBQY w�;.".Ap
�rF r4IY
f
y■QQt'
�S?�t Ff���CS
K� �,
: ConcreteR.
{{ 4
c • '7Y
� 4 '�i'i+i'� ale 17! �^
* 2�.- . � rt�'`.J � �, �
1 F 9r,•A+'A� Y +yy •^�`
� 5, C1�3" r"�r(`4,,�+?
��x�
�� 1. �.3 Kc. � [
d�e� j,'T P
Shoulders
- .
i Ii -: ,
p��!''
CF Tat ( k
t,v
JP -
y5-f
3F
u
MW
Duininck Brothers
$10,056,506.40
$1,153,033.78
$11,209,540.18
$1,419,545.02
$11,476,051.42
Price Construction
$12,428,378.65
$1,114,874.20
$13,543,252.85
$3,417,056.40
$15,845,435.05
A. Butler Construction
$11,716,768.19
$1,022,754.26
$12,739,522.45
$2,082,563.10
$13,799,331.29
EOPC (516/2005)
$8,820,441.00
$915,916.00
$9,736,357.00
$1,644,079.00
$10,464,520.00
PARKHILL, SMITH & COOPER, INC.
Engineers - Architects, Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
Lubbock El Paso
Midland
Amarillo
Odessa
r,
01,wIMWAM
City of Lubbock, Texas
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
Construction/Extension of Taxiway Lima
Bid Tabulation
}}
J
,V
nuinirc Bros.ConstructionAllen Butler �
;•}
- -
Item k)gscri loan Sys ,.. asi. ' , r. ....
...........
},: ?}:}::;}::::
.......
>:
a
1 Item - 40, MobilizationtStaging i
LS
$800.000.00
$80Q000.00
>? $ # k'
:::'=<:- ... ' .. < . >:.::
$336,841.00
$336.841.00
2
Item P-150 Removal of 14 P-501
..a.,.... ,r..t .,
.. t .
Pavement Section
5,443
SY
$12.30
$66,948.90
:zz;�1<�•;.}:•.}
..........
.......... :���'���::�$:��%�`
$27.00
$146,861.00
..,����•• :•}:;->:::�
:. �;�,�{�.�
3
N
Item P-150, Removal of Dispose of 12
v•v.•\::-}-}}:;
.: N.:+< •: i}}n:r,{�{.}}
•,:..; vrr,.ti?•}:
_:.}:vi,.i::$:�•:?q;:'.i ;:;};'
501. 7 P- 01 and 6" P- n 0 3 5 Pavement
15 v me t
Section
19,370
Y
1 3.30
25 21.00
7 6
$
$6 83.30 21 5
><..> .
>%.
{}:}�:i:•i:`�$i �ii:�}r::y}CCU:
;�
r•,i4j �
}
Item P -150, Remove and Dispose of 7 to 8'
Y•4yv:
:.: }`.ii{>2•+ri
:«<:•};k;4;t}}•:
: A'
:;,\�:'h:
-:v::%h'•\\'ti 'r,':::•:: •,
...,..
W:4/: :{:;;:{i`4}:?
'":{5::4:}i'�`:;
ti?�:v�:C;?:;:ti%v... ...........
P-501 and 6" P 301 Pavement Section
12,745
SY
$9.00
$114,705.00
v.
.�<'�.ti iy :•h;. kri �Y{}:.
;;.{.,;};�,t#.<.<;:::;
:` \R..
:.`:±"t' :'
$18.00
$228,4 0.0
•.�J;L,•:`i':%,3:'''�
:::
5
Item P 150 Remove and Dispose of 4" P-....
:� +++
�'�}+:i: •.:}}}. �:
v+} ;•
..v<: >}' :ny:•
::{}':LJ:i:iir:}ii::��ii;}:•i::+��:�{:�i
..••.•{.
401 and 9" Base Material Pavement
'
:2tt�
}i:;;7i,Jir:.}} :3..8:}:
{{tit::•
xt
'�•: is+::::.:::: v:titi{:.... ;Y.?
:•t•::: {�.,.,;,{,i;,
:}
Section
SY
$16,214.00
`::: :"';:
`«#k::?:
$5.50
$20,267.50
:?<":::i:>>
<;..:
"..
3,685
1
$4.40
=....
..#•.:::::}:.::::::;..
..
6
Item P-150, Remove and Dispose of4" P-
:{•kyti•., vi$}:}}:v:{•..{:::::::i
•}y;l•?rv::•:}:CQ:ih:•'i$:ti�:
•?
-
401 and 8 20
P 8 Pavement coon
Se
1
S
60 490.00
�ry
5.05
4
68 7.50
0
��#�•;,;;: •:
%..
�Q'3���i
7
Item -150 Re e P move - and P d Dispose of
P
.'.#`:++`<
401 and 10" P-208 Pavement Section
16,425
SY
$4.80
<::<
i:<:> ?
$4.67
76
S 704.75
'::::
$78,840.00
:; i+1�7...}:.::.._
.it.: l E:
;: •:'7
z :_:::::;::
8
Item P-150, Remove and Dispose of 4 to 6"
;{}�,•.:: {::: •}'•.<:.:
}. }::?:
::: {ih,}}:Ql�:�':•i:•f�:{? r{:;:,
;s,:;:..:.::.:
;:i�i,"M}v:i;^5,4.}'f.Fhfi :•:•i'=}T}:
}: ?L'b}:
P-401 and 12" -209 P
P Pavement Section
26,050
SY
$5.70
$148,485.00
%':`:•'} 'z
:;;>.z;;.} fih.A:.p;» :;i:
• :.. ti.}:•:
<:;:: >i :;i; :
$5.17
$134,678.50
::<''A : t v`::; :;
>:'•:z'> 3tii ; .. tl:;:;:;
:,'`C,v`'Q'`.'•:i1:�i:-}:\,y,-'i:�'i
4'� Y \
4
•:.:fin . 'L::.}n rj}}1 C
•;. {
l•�4,.�{i:C.-04+'{
i
11
Item P-150, Mill4 of P-401 from Taxiwa
`i}kk. -1-?^'}t•'C�l:\'}v;}:.}i;::
�\;k, �:\ •}\%\.`;;}:;:.
t•, `;wz• �;,::
{ :
'; � �.+,.; .....
•>��z�:��.:��44h;�
'::rYii
@ .�:
a�>isz:;::•3`
\�+ i
7��:A7}
„`•ST'vir'•ni�•%},v.. ``' 4f`rr'.
Gr}i�:�:Cr?:.
B in Preparation for Reconstruction
2.755
SY
2.90
v::4ti�+:.::}.?n;;•.;'r��}:i�`.;%\�:
w '.'• {yy�{yy��}}''
; .,. ,
$1111,020A0
;:,``,4iv;}ft}i�}:�
w`rz..^•:a'
:ti:....yt.: ?•:�: ..
:::, `.1f:'#'+1�#1`:€'~
7 989.50
:a>->
:>:=
.00
z
10
Item P-152 Excavation Including the
S.k:•ti:4`i`�'i`
�..>....:........ >•�:.:
•�.v.
...�..
:<�}i}�v :?�:C�h :vi.:.::
'`-:;-�}••}i>..,f:<':���
.. f,... :.; ::•i:'i'��:
removal of 2-ft "unsuitabit
{ 4}}4`\: •::: i"I�X"»i?i �:v}
:_L i' .}• .
ti y:� M1;' : : • i:. '?:;:v5 ; i:'
'
i•: ' \:;{
i a �
material"2fi9,921
CY
$7.20
$1,943,431.20
4ti `:; 1 :#...... :::«'..i
a
$3.37
$909,633.77
< s : >•'' »::,:>: !
; :?:$ ' ::ri::
11
litem P-152, Embankment
39,116
CY
$1.30
$50,860.80
'+ '} `' `_'•
Sit
'• ` { `
:•+►;Qk:s:
$7.32
$286,329.1212
#
''?'
,'•t�•i
��'i'.G <ii:}j,';
, .•%•}i" f}..\`:i+
:•:;}4�k\�? �S:J}titi}:i}�:
'+�•\.'•':''{::>ii+�:+::\Y\''}::
:�:>JJi�' ;<
•: }:: ••.�: •?}�
is ::}h•.�\•n:r.
:.?:,•• i::
:•:f}+: ii'�'ri<:;v •; is?':0.
..:�{\,. %4:ti•
k' J. .
:i:•:/„nk'l.^:•:fik•:•'+•�
?ii
i -
Item P 152 Grading
'•:'•�'• ,•::2::• :vM.\.:: n • :•.
:•.;.,,, t..t..,..
'xi7:•':.}}.}•}:y{}:.}v.Y\;}:ti;:?}:•}} •:.•
•• ,::.:::::.::.:
:•::t+:vt
Nnti{+.Si-i}`;-if:+..
:::.}•:,:,'i•4 t`�i.•}.+{•::•• r:
•;:•;
%•:S>i}'%^�ni.
>i •: J::: }::.t•
�.
Preparation under 14"Concrete includes
;�;.:...
. 4>�::: •:
0 0
6" 0 /o compact n ct I lace 0 n
Q P place, 6" 9 /o and
47,520
20
SY
$2.80
$133,056.00
7.00
3 640.00
13
0:4":
01
Item P-1 52, Grading and Subgrade
..K
Ef ix
Preparation and 7" Concrete, 4"
Bituminous Pavement and 2" Bitumous
Pavement (includes 6" @90% compact in
place)
43,213
SY
$1.00
$43,21300
$1.00
$43.213.00
14
P-152, Grading and Topsoil
1Item
Preparation in Unpaved Areas
623,340
SY
$0.70
$436,338.00
$ 1.94
,209279.60
$1,
15
. . ........
Item P- 155, Lim sated Subgrade,
I,
.
excluding lime, minimum 6-inch thickness
65,375
SY
$2.50
163,437.50
....... . . . . .
.
..... .. .....
. . . . . . . . . .
$3.00
196,125.00
16
Item P-155, Lime used in Lime -Treated
51
Vx§-M:
g
Subgrade (5%)
850
TONS
$140.00
$119,000.00
$141.00
$119,850.00
Milk
M
17
p-1 56, Temporary Air and Water
. . . . . . . . . .
Pollution, Soil Erosion. and Siltation
. . . .
lItem
Control (including temporary cover crop if
. . . . . . . . . .
necessary)
I
LS
$80,000.00
$80,000.00
. . . . . . . . . . .
$126.105.60
$126,105.60
18
KY
Item P-304, Cement Treated base Course,
excluding cement, (8 -inch thickness)
47,520
SY
$11.40
$541,728.00
$11.45
$544,104.00
19
Item P-304, Cement for Cement Treated
. . . . .
. ...... ...
$6.71
9
$1.123.50
Base Course (6%)
2,860
CWT
$8.00
$22,800.00
20
Item 292, Asphalt Stabifted Base
jTxDOT
Course
6.460
TONS
$68.00
$439,280.00•
$56.61
$365,700.60
21
Item P-401, Bituminous SuAce Course
2,440
TONS
$84.00
$204,960.00
. . . . . . . . . . . . . . . .
$86.88
$209,547.70"
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...............
22
Item P-4011 Bituminous Surface Course
(6% eon us)(cal culate by multiplying total
cost of Bid Item 21 by 6%)
1
1
LS
$12,297.60
$12,297AD
$12,572.2
$12.572.21
23
Item P-501, Portland Cement Concrete
Pavement, 7-inch thickness (includin
reinforcin g, jointing and joint sealing)
475
SY
$71.00
$33,726.00
..........
$51.96
$24,681 .00
24
Item P-501, Portland Cement Concrete
n
K �112.0*�:
,kness (including Pavement, 14-inch thir
reinforcing,
mom
jointing and joint sealing)
47,520
SY
$50.00
$2,376,000.00
..............
$71.65
$3,404,808.00
25
Item P-501, Portland Cement Concrete
Pavement (6% Bonus includes 7" and 14
pavement)(calculate by summing total cost
X
.
for Bid Items 23 and24 and multi tying
60)
1
LS
$144,583.50
$144,583.50
. . . . . . . . . . . . . . .
- - - - - - - -
........
......
$208,959.77
$208,959.77
..........
... ...
26
P-602, Bituminous Prime Coat,
11tern
including herbicidal treatment5,360
GAL
$3.50
18,760.00
$3.96
$21.225.60
27
Iltern P-603, Bituminous Tack Coat
—1,790
GAL
$2.10
$3,759.00
$4.69
$8,395.10
28
Item P-609, Bituminous Seal Coat (bond•
•
XAX,
breaker)
65,375
SY
$1.70
$111,137.50
$3.50
$228,812.50
-
S4
29
Item P-620, Obliterate Existing Runway
Taxiway Painting
$6.93
$37,612.09
and
5,413
SF
$2.10
$11,367.30
. ........
30
Item P-620, Runway, Taxiway and Service
Road Painting, for Permanent Marking
25.900
SF
$2.00
$61,800.00
X
.. , . . . . . . . . . .
$1.03
6677.00.
$2,
31
Z.0
Item MC, Demolition of Existing Drainage
Improvements including Pipe, Headwalls,
Area Inlet Modification and Concrete Flum(
1
LS
$13,900.00
$13,90
$47,300.00
$47,300.00
32
Item D-701 24-inch Reinforced Concrete
Pipe (installed in trench, including
excavation and backfill
LF
70.
90.0
$71.50
$258.615-50,
............
33
Item D-701, 24-inch Concrete Jacking Pipe
( by by bore). including Bore Pits
141
LF
$500.00
$70.500.00
1 . . . . . . . . . .
$495.00
$69,795.00
34
Item D-701, T x 7'Reinforced Concrete
. . . . . . . . . . .
-SME -'M
Box Culvert (installed in trench. including
M,
excavation and backfillf
140
LF
0.00
$605.00
$84,700.00
............
$59
$82,600.00
X.
35
Item D-705, Perforated Edge Drain System
. ........
X.,
cleanouts)
. .
,(including
9,080
LF
$27.00
$246,160.00
$49.50
$449,460.00
. ......... ---------
. . . . . . . . . . . . . . --------- . . . . . . . . . . . . . . .
36
Item D-752, Reinforced Concrete Keadwall
.............. :: . ..•.....
for 24inch RCP (including rock rip rap and
ill K
fabric where applicable)
6
EA
$2,700.00
$13,500.00
$2,750.00
$13,750.00
37
Item D-752, Reinforced Concrete Headwall
for 3' 7' box Culvert
1
......
x (including rock rip rap
Im"*0111
and fabric where applicable)
2
EA
$5,400.00
$10,800.00
$5,500.00
$11,000. 00
38
Item D-752, Concrete Area Inlets (including
�gg
rx
X,
grade and frame)
6
EA
$2,100.00
..... . ......
...........
$12,600.00
.
$2,2w.00
$ 13, 2 W. ONO
39
Item D-752, 4W Precast Concrete Manhole
includingidnd r(fame
4
EA.
,.
1.60
... ....................
.........................
5,500.00
2 2,C .
40
T-901, Soil Preparation, Seeding and
IItem
Fertilizing (including sorgum or wheat
......... . .....
...........
cover crop)
126
ACRE
$560.00
$70,784.00
$495.00
$62,568.00
...... ....
41
Item T-904, Soil Preparation, Plugging and
Fertilizing
11,550
SY
$5.90
1 $68,145.00
`4 .... ...
$5.50
$63,525. 00
% ....................
42
W
Item L-108, Underground Electrical Cable,
X
1/c, #8 AWG, 5 KV. Cost shall include all
cable. 2" conduit, ground roda, trenching,
backfilfing, all associated pull boxes
..... . . . . . . ...
required to facilitate pulling, and all labor,
tools, equipment and incidentals necessary
to complete the installation:
12,900
LF
$4.30
$55,470-OWO
$4.40
$56,760. 00
43
#8 AWG, in Item L-108. Counterpoise Wire
.
Direct Bury, including Grounding Rods
12,900
LF
$0.90
$11,610.00
. . . . . . . . . . . . . . . . . . . .
$0.91
$11,739.00
44
Item L-1 10, 6-way, 4-inch Underground
Electrical Duct, Installed by Bore. Cost
shall include conduit, steel casing, spacers,
grout, and all labor, tools, equipment and
M-
incidentals necessary to complete the
installation
560
LF
$210.00
$117,600.00
.......... ........ .......
$22 0.00
$123,200.00
45
. ......... ..
Item L-1 10. 6-way. 4-inch Underground
Electrical Duct, Installed by Open Trench.
Cost shall include conduit, trenching,
4"N
backfill, concrete, and all labor, tools,
V"N
equipment and incidentals necessary to
the installation
$16,500.00
complete
250
LF
$64.00
$16, 000.00
$66.00
41
K
. ....... .
.
Item L-125, Perform demolition of all
electrical related items (including patching)
as shown on Sheet E I of the plans
1
LS
$51.400.00
$51,400.00
$52,800.00
$52,800,00
47
L-125, Medium Intensity Taxiway
. . . . . . 1 1;
IItem
Edge Light, LED with Transformer and
X X:�'
Base Can
118
EA
$680.00
$68,440.00
$599.50
41.OWO
$70,741.00
........
41
Item L-125, High Intensity Runway edge
Lights, Transformer
with and Base Can
4
EA
$1,230.00
$4,920.00
$1,265.00
$5,060.00
49
L-125, Flush -Mounted High Intensity
2
. . . . . . . . . . . .
11tern
Runway Edge Lights, with Transformer and
Base Can
6
EA
1
. . . . . . . . . .
1280.0
......
2,200.00
$1300.00
...............
50
L-125, Two Panel Internally Lighted
1Item
Sign, Including New Base Mounting and
Concrete Slab
12
EA
$3,800.00
$45,600.00
. ......
.,.16.00
$46,992-00
51
Item L-125, Four -Panel Internally lighted
Sign including New Base Mounting and
y.
'ggg,
Con rete Slab
8
EA
$6,500.00
$52,000.00
$6,710.00
$53,680.00
52
item L-125, Three -Panel Internally Lighted
Sign including Now Base Mounting and
.........
Concrete Slab
•............
$26,180.00
M
5
EA•
$5,100.00
$25,500.00
$5,236.00
53
Item F-162, Demolition of Chain Link
Fence
1,256
LF
$8.60
$10,801.60
$3.07
$3,855 .92
54
Item F-102, Installation of Chain Link
Fence (including 4" x 4" galvanized
Xill: .-N
where applicable)
I
extension
1,312
LF
$19.00
$24,928.00
. . . . . . . . . . . . . •.•. . . .
$15.38
$20,178 .56
55
Item MC, Guy Wire Modifications
I
LS
$10,700.00
$10,700.00
$12,100.00
$12.100.00
56
Item MC, Radio Controller for Beacon
including Controllers, Service Upgrade,
Programming. and Modifications to Existing
ACE Controller
1
LS
$37,500.00
$37,500.00
$38,500.00
$38.500.00
57
Item MC, All Items Associated with Project
Phasing and Threshold Displacement
including Painting and Removal of
Temporary Markings, Reflective Media,
Barricades, Signage, Lighting, PAPI-2
MK.
(StyleB), Wire. Boxes. Conduit and Lighted
S
LS
$100,000.00
$100,000.00
$33,000.00
533,000.00
58
Item MC, Relocate FAA Cable including
Removal of Existing Buried Cable, all
Trenching, Boring, Backfill
and Split Duct
Installation
1
I-S
$21,400.00
$21,400.00
$22,000.00
$22,000.00
..................
59
Item MC, Update the ALCS to
R
accommodate the changes associated with
this project. Modify graphics, labeling,
configuration and operation as required in
the control tower and vault to reflect the
.. .........
chap g as tohf
.
..00
$35,200.00
$35,200.00
Adjustment for items Included in 5-6-05 EOPC but not reflected
in final bid form
Base Bid Sum
$10,066,506.40
1
$11,716,768.19
Alternate
#1
M-1
Item P-1 52, Excavation
4,225
CY
$12.00
$50,700.00
$6 .37
$26,913.25
A1-2
Item P-1 52, Grading and Subgrade
Preparation under 2" Bituminous Paving
(includes 6" @ 90% compact in
25.352
CY
$1.00
$25,352.00
$1.00
$25,352.00
place)
A1-3
Item P-155, Lime -Treated Subgrade.
lime, 6-inchas thick
25,352
CY
$3.00
$76,056.00
$3.00
$76,056.00
,Excluding
Al -4
11tern P-155, Lime used in Lime -Treated
Subgrade
328
TONS
$140.00
$45,920.00
$141.00
$46.248.00
Al
M
j TxDOT Item 292, Asphalt Stabilized Base
8,556
TONS
$77.00
$658,812.00
$56.61
16
$484,355.16
. . . . ................
. . . . . .
A1-6
iltern P-401, Bituminous Surface Course
2,731
TONS
$88.00
$240,328.00
. . . . . . . . . . . . .
$85.88
$234,538.28
A1-7
Item P401, Bituminous Surface Course
Kv
R
(6% Bonus)(calculate by multiplying A1-6
cost by 6%)
1
LS
$14,419.68
$14.419.68
$14,07 2.00
$14,072.00
Al -8
Item P-602, Bituminous Prime Coat,
including herbicidal treatment
7,605
GAL
$3.50
$26,617.51)
.. ..............
$3.96
$30,115.80
I
...................
A1-9
Item P-603, Bituminous Tick Coat
2,635
GAL
$2.10
$5,323.50
............ ........ ..
......... MO ......
$4.70
$11,914.50
Al-10
I . . . . . . . . . .
Item P-605, Seal Joints between Concrete
....... ��"X::.
Taxiway and Asphalt Shoulders
8,641
LF
. . . . . . . . . .
$1.10
$9,505.10
$8.47
$73,189.27
. . . . . . . . . . . . . . . . . .
...
Adjustment for items included in 5-6-06 EOPC but not reflected
In final bid form
"M
Sum Of Alt 1->
$1,153.033-78
. .- '�.. I ...
W.: of
1 $1,022,754.26
Sum of Alt I •and Base Bid->
$11,209.540AS
j§z�M.'a.-mg
$12,739,522.46
Alternate
#2
A2-1
Item M _52,1 Ze-avo a -Me n
9,155
CY
$7.50
$68,662.50
$6.18
$56,577.90
. . . . . . . . .
.................... .................
A2-2
Item P-152, Grading and Subgrade
K
Preparation under 70 Concrete Paying
6" 90%) in
. . . . . . . . . . .
(includes compact place.
25,352
SY
$1.00
$25,352.00
$1.00
$25,352.00
A2-3
Item PASS, Lime, -Treated Subgrade,
Excluding lime. 6-inches thick
25,352
SY
2.10
53,23910
$3-00
$76,056.00
.... .
A2-4
P-155, Lime used in Lime -Treated
Ittem,
Subgrade
328
TONS
$140.00
5,920.00
i.........
$141.00
$46.248.00
X
A2_5
Item P-304, Cement Treated Base Course
25,352
SY
$10.00
$253,520.00
$11.45
$290,280.40
M . ........ 4�
A2-6
Item P-304, Cement for Cement Treated
01 ."K V'.?,
Base Course (6%)
11,978
CVVT
$8.00
$95,824.00
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$6.71
$80,372.38
........
A2-7
Item P-501, Portland Cement Concrete
Pavement (7)
25,352
SY
$32.25
$817,602.00
W
$53.38
$1,353,28
A2-8
Item P-501, Portland Cement Concrete
Pavement (6% Bonus)(calculated by
multiplying A2-7 by 6%)
.
1
LS
$49,056,12
$49,056.12
$81,197.39
$81 197.39
. . . . . . . .
A2-9
Item P-605, Seal Joints between Concrete
Mi
Taxiway and Concrete Shoulders
8,641
M:K
LF
$1.20
$10,369.20
$8.47
$73,189.27
----- -
.......... . ........
------- .......
Adjustment for items included in 5-"5 EOPC but not reflected
in final bid form
. . . . . . . . . . . . ...... .
Sum Of Alt 2—
$1,419,545.02
$2,082.563.10
is MN
Sum of Alt 2 and Bass Bid —
$11,476,051.42
$13,799,331.29
MAP:
A
Ittem, modified or added between 5 EOPC and final
bid form
B
jUnft price Is for a 2' x 5' box culvert
..NN■NNtNNN
Mr. Steve Nicholson
Deputy Director
Lubbock Preston Smith International Airport
Route 3, Box 389
Lubbock, TX 79401
Re: GA Ramp Expansion — Phase 1
Dear Mr. Nicholson:
June 20, 2005
We have examined the bids that were received Wednesday June 15, 2005 for the above referenced project and
prepared the enclosed Bid Tabulation Spreadsheet. We found no math errors that would have changed the
results of the bid opening. Therefore, it is our recommendation that the base bid be awarded to Duininck
Brothers, Inc.
Please let me know if I need to provide you with any additional information.
Sincerely,
PARKHILL, SMITH & COOPER, INC.
By _
tr T. Hamilton, PE
oorporate Associate
JTH1mmc
Enclosure
cc: Mr. James W. Loomis, Director of Aviation
Mr. Bruce Mar -Nair, COL Purchasing Department
P-*aPcLsN=5% 33.05%C0RRFSMTMmDLOOS.DOC
Parkhill, Smith & Cooper, Inc.
Engineers ■ Architects ■ Planners
4222 85th Street, Lubbock, Texas 79423
(806) 473-2200 FAX (806) 473-3500
Lubbock El Paso Midland Amarillo _ C3(lacca
f Iwt18B0 1� �'RES'�QN`SM�TH INT��tIVArip NAL AIRPORT
-
" k ♦ :.,C ., '.: "'xa`�. fps" �Ci `. � t � �". �:�a�i �'� �* ia. is �" r:_�
x T �, G/A�IRAamp ExpaAnns�iMo��
f�0901�41}"r'7'} r
.;. �; � 3 -.•v a$ ¢N"°��•kc7� ti yyrr: . �c�'Fst ,-�1�c.�' Neva
k�u?ac v
F r wrt
sY
k - GQ�1torr�r,, > r'
i� 37 Bash Proposal
,, . y}.t"�F n � ; '�n SC R> �� „ r f ,� � 7� dg'�• M".rr '.
� � : z ve •�, I y
r �,.y k-%3l�� � 7 � .
k ( + 1 ]emu e
�!•�
,�.
�'� w
s' 7k�
r°°i�:•�
1-sv
-,ra rc,�f �
�il�t £r,;Y
��a sK.,R�Rc1✓�1,�
../. °4h ,,MGM
!. 4. tlx K�.k a� �°7%m �y'L' y 9A F%'�4 t4
�1�F�,�
t 4
+YFf?C:'t t+w✓3,,�'4 l
�� � +rnTc� •dx- ° t t'4k,'r � � F�
� � �.. a s �'� a �
..a trn.'�r=:3.�i=9�'N�t3,,"4:,�tah•.,..�M1��t�'��
r
7��, r sr
Duininck Brothers
$1,144,610.00
Price Construction
$1,209,145.00
EOPC (05/10/2005)
$1,198,422.50
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects - Planners
4222 86th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473.3500
Lubbock ElPaso Midland Amarillo Odessa
Hang=a Uff"uu•
:�'a'•�'1"��01t
V t �..: •
V .. .s:
alals"ass"" was
City of Lubbock, Texas
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
GA RAMP EXPANSION, PHASE 1
Bid Tabulation
20-Jun-05
Duininck Brothers
:' `` 4 :;P: `' : ::::`
`. `::'.:' ` .::>'<
EOPC C mparison
Item Description
1 11tern P-140, Mobilization/Staging 1 LS $110,000.00 $110,000.00
:.. '... , .:,:,.::
:..:.;...:..:r><`
$124,000.00 $124,000.00
2
Item P-150, Removal of Existing Asphalt
�`�•}`�``'
and Base
3,500
SY
$6.00
$21,000.00
``<?':$< ..'`<''.:.".
€#'<
$13.50
$47,250.00
3
Item P-150 Removal of Existing Concrete , 9
Slab
280
S Y
1 .00
0
2 80 . 0
00
28.00
7 840.00
4
Item MC, Remove Existing Drainage
Structures
5
EA
$1,500.00
$7,500.00
`'>'1i%i
$2,150.00
$10,750.00
5
Item MC, Removal, Utility Relocation and
e 9
Salvag
1
LS
0 OOO.OQ
0 000.00
�
22 000.00
$22 000.00
6
Fence
540
LF
$10.00
$5,400.00
;;,,..`
:., '`
$6.00
$3,240.00
7
item P-620, Obliterate Existing Pavement
::;:>
Markings
800
SF
$4.00
$3,200.00
rr\
$1.50
$1,200.00
8
Item P-152, Excavation, Grading and
�.2h. •rip}hi
Subgrade Preparation
g p ation under 7-inch
''`
Portland Cement Concrete Pavement
6,400
SY
.00 1 $ 0
$64,000.00
:;i:
$6.00
$38,400.00
9
Item PA 55, Lime Treated Subgrade,
%y'. '�L• JP
Excluding Lime, 6-inch Thickness
8,170
SY
$ 5.00
0 860.00
$4 .
< `'`
`" '""
�.:: �: €.:: ;:::
$3.00
$24,510.00
10
Item P-155, Lime used in Lime Treated
Subgrade
2 1 8
TONS
$130.00
$16,840.00
;, , }
'1;1' ,,, '
$150.00
$19,200.00
11
item P-304, Cement Treated Base
Course 6-inch thickness excluding
cement
6,400
SY
0.0
$2 0'
$128,000.00
>>?�:•�:$�'�'�•:ti
:' .•,;
$13.25
$84,800.00
12
Item P-304, Cement for Cement Treated
<:.w- ::>'?..
::}_:•::•'•: • :.::>::;:<;}:•.
1 Base Course
1,980
CWT
$10.00
$19,800.00$6.00
$11,880.00
13
Pavement 7-in h c thickness Complete in
Place
6,400
0
SY
$ 56. 0 0
35 40 0
$ s, o.o
$80.00
$542,720.00
14
Item P-620, Permanent Pavement
«}'<
Marking
33 0
, 0
S F
$4 .00
1 3 20 .
$ 0 00
1.80
$5,940.00
15
Item P-152, Excavation, Grading and
,:::}::<:;?:<;:> ::;
vh•:.,:;::>:<:
Subgrade p
ade Pre eration under 2-inch
Bituminous v s Pavement
m en t
1,770
SY
5 .0 0
8 0 85 .00
�if3`>`
� .:,`'#�t3t# , j�� �<'
.5
7 965. 0
16
TxDOT Item 292 Asphalt Stabilized Base
:;: ;:::: ><;•>:>:: <:
Course
600
TONS
$100.00
$60,000.00
= :,#13''`: -<?
.Z'
$65.00
$39,000.00
17
Item P-401, Bituminous Surface Course, 2
inch Thickness
200
TONS
$100.00
$20,000.00
i<$'1QQ>h
?`` .'.'.'>:
$90.00
$19,080.00
18
P-602, Bituminous Prime Coat, including
+iitihiii:4: Sv::
{i • tiL_ti4vv.+.. r::•\'•:� V}T y;:
herbicidal treatment
530
GAL
$7.00
$3,710.00
><,:<::$E3�:><•;;::
>«<,;:.:...:R:•:•:«
$2.00
$1,060.00
19
Itrem P-603, Bituminous Tack Coat
180
GAL
$7.00
$1,260.00
$2•00
$360.00
20
Item P-152 Excavation Grading and
Topsoiling in Unpaved Areas
9,500
SY
0
$5.00
$4 7 500.00
'. ^.:<_......':>
:�....�. $..........�...
...::.::.
$4.20
$39,900.00
21
Item P-152 Excavation Grading and
Subgrade Preparation r 4-inch
`•>���'�'«<>���...... >;
Portland Cement Concrete Sidewalk
170
SY
$20.00
$3,400.00
' "? `` ' '
:_<>?::;
$5.00
$850.00
22
Item P-156 Temporary ryAir and Water
Pollution, Erosion and Siltation
Control
1
LS
$20,000.00
$20,000.00
` Ey'`<'``{€
$9,500.00
$9,500.00
23
Item P-501 Portland Cement Concrete
_
iew k4{ch
d a{ n thickness
S c nes
11 0
9 .00
$4 5.0 0
5.0
$ 7s ao
24
Item T-901, Soil Preparation, Seeding and
Fertilizing
2
ACRE
$2,000.00
$4,000.00
?<;
$2,100.00
$4,200.00
25
Item T-904, Soil Preparation, Sodding and
Fertilizing
550
SY
$5.00
$2,750.00
$6.25
$3,437.50
26
Item D-701, Single Barrel, 18-inch
''
Reinforced Concrete Pipe, by Trench
290
LF
$70.00
$20,300.00
.'. "<'':
'`: •':'1 :;<'.
$90.00
$26,100.00
27
Item D-701, Single Barrel, 21-inch
ii>::'ti Yjt:':l>i ``L:
i�$�;�1 �.,t::C ':`. 9:'• ti:' ':`ij
Reinforced:
Concrete Pipe, by Trench
210
LF
$80.00
$16,800.00
? :
i trAQQsf i
$100.00
$21,000.00
28
Item D-752, 3-foot by 3-foot Area Inlet
Structure
3
EA
$5,000.00
$15,000.00
$4,500.00
$13,600.00
29
Item D-752, 4-foot by 4-foot Area Inlet
•.,^•�;:,:<.�:�:�:�.�::..
Structure
1
EA
$5,000.00
$5,000.00
. R`. ?
`:`` _. ' :
$5,000.00
$5,000.00
30
Item D-752 3-foot by 3-foot Junction Box
2
EA
$5,000.00
$10,000.00
$5,000.00
$10,000.00
31
Item D-752 Modification<;
of Excisting Area
"":• ` >'
Inlets
3
EA
3 000. 0
$ 0
9 0 0 0
$ , 0 . 0
;•:::::::;:::z>:.:::
t:>:>:
.<::>:;.<:v:::;:<::<
$5,000.00
$15,000.00
Item D- 5 7 2 Reinforced
d Concrete
Headwall for Single Barrel 18-in g ch Culvert
1
EA
$2 000.00
2 000.00
$ .
ll!€``
<...............
;:.;>:.. `' ' '>.
#....,.
$4, 250.00
$4 250.00
33
Item D-75 Reinforced R nfor ced Concrete r@t@
h:
Headwall for Single Barrel 21-inch Culvert
1
EA
$2,000.00
$2.000.00
$4,500.00
34
Iltem F-162, New Chain Link Fence
540
LF
$70.00
$37,800.00
$25.00
$13,500.00
35
Item MC, Perimeter Road Signage
�;��
i �i•''ikip;::
��-r��<'>:<:>«:;<z<:;:�;,;,•.<
Relocation
1
LS
$5,000.00
$5,000.00;'`:'..
$5,000.00
$5,000.00
36
Item MC 2-inch Compacted Sand under 4
inch Portland Cement Concrete Sidewalk
170
SY
$15.00
$2,550.00
g':s::•,::ti{?•'F'<+}�C,
>'.:: Ill:;
; <?:? 3'`::
$2.00
$340.00
37
Item MC, Accessible Ramp
1
EA
$5,000.00
$5,000.00
:;: :.. '
_ ,.
`" ' :<,:.
$3,500.00
$3,500.00
$1,144,610.00
:: ;' > ?< ''
$1,198,422.50
R
ASSURANCES
Airport Sponsors
A. General.
J
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the
term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain
in full force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or throughout
the useful life of the project items installed within a facility under a noise compatibility
program project, but in any event not to exceed twenty (20) 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:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), e"se
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seg.
d. Hatch Act - 5 U.S.C. 1501, et sea.
Airport Assurances (3/2005)
e. a 6
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 460I, et sea.12
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(f). I'
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
M.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C.
4012a.1
1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
M. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 42 U.S.C. 4151, et sea 1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.1
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.'
t. Copeland Anti kickback Act -18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.,
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2
X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
C. 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).'
1 7
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
1• 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs. 1'-
in. 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.i
o. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) 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. I
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b A-133 - Audits of States, Local Governments, and Non -Profit
Organizations
I These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States
Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
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 .
1
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 the 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
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 the grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of the grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert
in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions,
and assurances contained in this grant agreement.
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.
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 insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement
also requires compliance therewith.
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 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 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
10
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section
44706 of Title 49, United States Code, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of
such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the 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 labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be 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
Airport Assurances (3/2005)
plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to the plans, specifications, and schedules approved by the Secretary for the project. It shall
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 sponsors
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition and
in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
Airport Assurances (3/2005)
12
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for-
(1) Operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition
or circumstance beyond the control of the sponsor.
b. It 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-
(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.
Airport Assurances (3/2005)
13
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 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,
Airport Assurances (3/2005)
14
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 local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
Provided, however, that if covenants or assurances in debt obligations issued
before September 3, 1982, by the owner or operator of the airport, or provisions
enacted before September 3, 1982, in governing statutes controlling the owner
or operator's financing, provide for the use of the revenues from any of the
airport owner or operator's facilities, including the airport, to support not only
the airport but also the airport owner or operator's general debt obligations or
other facilities, then this limitation on the use of all revenues generated by the
airport (and, in the case of a public airport, local taxes on aviation fuel) shall
not apply.
As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in
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
Airport Assurances (312005)
15
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:
(i) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(ii) all services 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 (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
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 location 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
Airport Assurances (3Y2005)
�1-, P-
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 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.
Airport Assurances (3/2005)
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.
17
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
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
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
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non discrimination in the award and administration of DOT -assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801).
39. 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
defused 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 month
period prior to the applicable due date
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