HomeMy WebLinkAboutResolution - 2009-R0307 - Grant Agreement - FAA - Construction Services, Runway Improvements - 08_13_2009Resolution No. 2009-RO307
August 13, 2009
item No. 5.11
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 Federal Aviation
Administration Grant Agreement by and between the City of Lubbock and Federal
Aviation Administration for funding construction services for Runway 8/26
Improvements Project -Phase I, 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 13th day of August , 2009.
TOM MARTIN, MAYOR
ATTEST;
_jp'_e�t�
Rebec :a Garza, City Secretary
DYED AS TO CONTENT:
Loomis, Assistant City al
,ortation and Public Works
7APP O 7
S TO FORM:
had Weaver, Assistant City Attorney
vw/cedocs/Res.Airport-FAA Runway 8-26 Improvement Project
July 30, 2009
Resolution No. 2009—RO307
4)100
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
AUG
Date of Offer
3-48-0138-033-2009
A!P Grant No.
Lubbock International
Airport/Planning Area
171
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 July 29, 2009, 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 tailed
the "Project") consisting of the following:
Runway 08126 Improvements -Phase I Utility Relocation & Perimeter Road
all as more particularly described in the Grant Application.
FAA Form 5100-37 (10-89) Page 1 of 8
ASW-600 (1103)
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 $4,657,259.
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:
$4,657,259.00 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 by August 21, 2009, 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.
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.
FAA Form 5100-37 (10-89) Page 2 of 8
ASW-600 (1103)
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;
G. 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;
G. 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
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
FAA Form 5100-37 (10-89) Page 3 of 8
ASW-600 (1103)
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 (PCI) survey as set forth in Advisory Circular 150/5380-6,
"Guidelines and Procedures for Maintenance of Airport Pavements," the
frequency of inspections may be extended to three years.
(2) Drive -By Inspection. A drive -by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition.
c. 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-boo (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. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that
the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in
effect; or
iii. Use forced labor in the performance of the award or subawards under the
award.
2. We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term;
or
ii. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.1 of this
award term through conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
CFR part 180„ "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our
agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity--
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this
award term; or
2. Has an employee who is determined by the agency official authorized to terminate
the award to have violated an applicable prohibition in paragraph a.1 of this award
term through conduct that is either--
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part
180, "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part
29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
FAA Form 5100-37 (10-89) Page 6 of 8
ASW-600 (1103)
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under
this award and not compensated by you including, but not limited to, a volunteer
or individual whose services are contributed by a third party as an in -kind
contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor
or services, through the use of force„ fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR 175.25(b).
B. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have
the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
The Sponsor's acceptance of this Offer and ratification and adoption of the Grant Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Grant and compliance with the
assurances and conditions as provided herein. Such Grant Agreement shall become effective
upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
J. Michael Nicely
......... ......... .............
(Typed Name)
Manager, Texas Airports Development Office
(Title)
FAA Form 5100-37 (10-89) Page 7 of 8
ASW-600 (1103)
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 13th day of
(SEAL)
August
, 20 0c
City of Lubbock
(Name of Sponsor)
(Signature of Sponsor's Designated Official
Representative)
By: Tom Martin
(Typed Name of Sponsor's Designated Official
Representative)
Title: Mayor
Attest: (Typed Title of Sponsor's Designated Official
� Representative)
City Secretary
CERTIFICATE OF SPONSOR'S ATTORNEY
Chad Weaver , 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 13th
M
A94ust 2009
(Signature of Sponsor's Attorney)
FAA Form 5100-37 (10-89)
ASW-600 (1103)
Page 8 of 8
Resolution No. 2009-RO307 OMB Approval No. 0348-0043
APPLICATION FOR
2. DATE SUBMITTED
Applicant Identifier
FEDERAL ASSISTANCE
1. TYPE OF SUBMISSION
s. DATE RECEIVED BY STATE
State Applicant Identifier
Application
HeappCcabon
® Construct,=
❑ Construction
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier
❑ Nm-Construction
❑ Non -Construction
S. APPLICANT INFORMATION
Legal Name:
Organizational Unit:
City of Lubbock
Lubbock Preston Smith international Airport
Address (give City, county, state, and zip code):
Name and telephone number of the parson to be contacted on matters involving this applicafion
(give area Code)
5401 N MLK Blvd Unit 389
James Loomis, Director of Aviation
Lubbock County
(806) 775-3126
Lubbock Texas 79403-9710
6. EMPLOYER IDENT(FlCATION NUMBER (FJN):
T. TYPE OF APPLICANT: (enter rpproprfata I~ In box) �1
I I
7 5 — 6 0 0 0 5 9 0
A State H. Independent School Dist.
B. County I. State Controlled Instdution of Higher Learning
C. Municipal S Private University
B. TYPE OF APPLICATION:
D. Township K Indian Tdba
® New ❑ Continuation ❑ Revision
E. Interstate L. Individual
F. Intennunkglal M. Profit Organization
N Revision, enter appropriate letter(s) in box(e6): ❑ 11
G. Special District N. Other (Specify)
A Increase Award B. Decrease Award C. Increase Duralicn
I. NAME OF FEDERAL AGENCY:
D. Decrease Duration Other (Spe&y):
Federal Aviation Administration
Ft. Worth, Texas 76193-0600
10, CATALOG OF FEDERAL DOMESTIC
2 0 1 0 B
11. DESCRIPTIVE TITLE OF APPUCANT'S PROJECT:
ASSISTANCE NUMBER:
TITLE: Airport Improvement Program
Runway 08/26 Improvements -Phase I Utility Relocation & Perimeter
Road
1t. AREAS AFFECTED BY PROJECT (c2hu; cmaga% afatax
City of Lubbock, Lubbock County, Texas
13. PROPOSED PROJECT:
14. CONGRESSIONAL DISTRICTS OF:
Start Date
Ending Data
a. Applicant b. Proiect
10)05
09/06
District 19 District 19
16. ESTIMATEO FUNDING:
16. 18 APPLICATION SUBJECT TO REVIEW BYSTATE EXECUTIVE ORDER 12372 PROCESS?
a. YES. THIS PREAPPLICATIONiAPPLICATION WAS MADE AVAILABLE TO THE
a. Federal
a 4 747,365,00
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
b. Applicant
t
DATE
c State
6 00
b. NO. ❑ PROGRAM IS NOT COVERED BY E.O. 12372
d. Local
S
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
a. Other
$ z4s,aat.ao
f. Program Income
y
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑ Yea If 'Yes,' attach an explanation. ® No
g. TOTAL
s 4,997,229.00
16, TO THE BEST OF MY KNOAAFME AND BELIEF, ALL DATA IN THIS APPLICATIONrPREAPPLICATION ARE TRITE AND CORRECT. THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. Typed Name of Authorized RepresentetivB
b. Title
c. Telephone number
James Loomis
Director of Aviation
(BOB) T75-3128
d. Sig ture of Ih Represr/M/af`Eve
a. Date Signed
kw,
" � /,�,
Previa 5 Edillons M Usade Mandarrl For 424 (REV 4-86)
PresWbed by OMB Circular A-102
Authorized for Local Reproduction
U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO, 80-RO184
PART II
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.
Name of Approving Agency
Does this assistance request require State, local,
regional or other planning approval?
Date
Yes X
No
Item 5.
Check one: State 0
Is the proposal project covered by an approved
Local
comprehensive plan?
Regional p
X Yes
No
Location of Plan Lubbock International Airport
Item 6.
Name of Federal installation
Will the assistance requested serve a Federal
Federal Population benefiting from Project
installation?
Yes X
No
Item 7.
Name of Federal Installation
Will the assistance requested be on Federal land
Location of Federal Land
or installation?
Yes 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
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals
Families
individuals families, businesses, or farms?
Businesses
Yes X
No
Farms
Item 10.
See instructions for additional information to be
Is there other related Federal assistance on this
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 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209
PART 11 - 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 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OM® NO. 04-RO209
PART 11- 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
S. 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 ofproperty interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind
and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the
property map.
FAA Form 5100-100 (4-76) Page 3b
FAA AC 81-06913
U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
once Nn. Bn.RnIRA
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
$
$
$ 150,000
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
5. Other Architectural engineering fees
128,750
6. Project inspection fees
346,225
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
4,372,254
12. Equipment
13. Miscellaneous (Master Plan)
14. Total (Lines 1 through 13)
4,997,229
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
4,997,229
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
4,997,229
20. Federal Share requested of Line 19
4,747,368
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
4,747,368
23. Grantee share
24. Other shares
249,861
25. Total Project (Lines 22, 23 & 24)
$
$
4,997,229
FAA Form 5100-100 (5-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4
U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
nun kin_ An.Rn7AA
SECTION C — EXCLUSIONS
26
Classification
Ineligible for
Participation
(1
Excluded From
Contingency Provision
(2)
a.
$
$
b.
C.
d.
e.
f.
q.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$
a. Securities
b. Mort a es
c. Appropriations B Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
. Other (Explain)
Passenger Facility Charges
249,861
h. TOTAL - Grantee share
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
$
249,861
SECTION E — REMARKS
ti
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5
PART IV
PROGRAM NARRATIVE
Objective:
This project is the first phase of a two phase project which includes utility relocation in preparation for the
extension of Runway 08126 and parallel Taxiway d to the east by 1,905 feet. The scope of the utility package will
include relocating all existing lines that currently cross beneath the extended centerline to a deeper depth that will
allow the new pavement surface to extend across the top of each utility. Lines to be relocated include a 72-inch
water lined owned and operated by CRMWA, chemical/waste return lines owned and operated by the City of
Lubbock, underground electric owned and operated by LP&L, a 12-inch gas line owned and operated by Atmos
Energy, a 20-inch gas line owned and operated by Oneok and an 8-inch petroleum pipeline owned and operated
by Centurion Pipeline. Included as alternate bid items are the relocation/extension of the airport perimeter fence,
extension of the airport perimeter road and demolition of Taxiway H. All elements of this project are in
preparation for the runway and taxiway extension anticipated to commence in the next 12 months.
Benefits:
The threshold of Runway 08 creates a runway incursion hazard with Runway 17R/35L and Taxiway M. The
extension of the runway will mitigate the risk associated with intersecting runways. The rehabilitation of the
runway will preserve the airport asset and ensure continued operations on the runway for years to come. The
first phase of the project will relocate utilities and the perimeter road to accommodate the extension of the runway
and taxiway.
Part I - AIP 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 Preston Smith International Airport
Project Number:
Project Description: Runway 08/26 Improvements -Phase I Utility Relocation & Perimeter Road
Package
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 "NIA."
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: c/i Dated:
Sponsor's Authorized Representative —�
James Loomis, Director of Aviation
Typed Name and Title of Sponsor's Representative
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 No N/A X
7. AlI 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 9198
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 No N/A X
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 X No N/A
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 FORE_OUIPMENT/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 150/5100-6, 15015100-15, and 150/5100-16.
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 scaled bid method of procurement.
Yes X No N/A
Part I - Master Development Certification 9/98
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 NIA
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 Na NIA X
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 NIA
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 NIA
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 NIA
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 NIA
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 NIA
Part I - Master Development Certification 9198
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 NIA
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 NIA
Part I - Master Development Certification 9/98
Runway 08/26 Improvements -Phase I Utility Relocation & Perimeter Road Package
*Assumptions
AIP Entitlements 4,207,259,00
PSC amendment 474,975.00
Pending Reimburseable Agreement 150,000.00
Max AIP % 95%
North Texas
Contracting, Inc
Total Bid
5,686,740.00
Less Alt 92
(734,058.00)
Less Alt #4
(580,428.00)
Subtotal
4,372,254.00
Plus: PSC
474,975.00
Plus: Reimbursable Agreement
150,000.00
Total
4,997,229.00
Utility
Wright Contractors of
Construction America, LTD
6,106,553.69
6,518,692.50
(737,158.00)
(750,858.00)
(587,598.00)
(594,028.00)
4,781,797.69
5,173,806.50
474,975.00
474,975.00
150,000.00
150,000.00
5,406,772.69
5,798,781.50
City of Lubbock
Public Works Contracting Office
DRAFT Tab Sheet
7/22/2009
oyv�A-
RFP0 09-728-1313
Contractors
TITLE. RUNWAY OSR6IMPROVEMENPS , PHASE I -
Wright Conshuction
Utility Contractors ofAmcdca, LTD
North Tatar Contracting, Inc.
UTILITY RELOCATION & PERIMETER ROAD
CLOSE DATE : IUL.Y 21 2o09
Grapevine, TX
Wolfforth, TX
Keller, TX
DEPT : Aviation QTY I Unit
Unit Price
Total
Unit Price
Total
Unit Price
Total
ALTERNATE N4 CENTURION PETROLEUM PIPELINE
PACKAGE
A4-1. ltem P-140, Contractor Mobilization
I I LS
I S46 370.00
$46 170.00
$54 00T00
S54,00000
$40 000.00
S40 D00.00
A4.2- ]tent MC, Relocate Centurion Petroleum
I
LS
S536,028.00
36,
SS028.00
S536,028.00
S536,028,00
SS36,028.00
$536,028.00
Pipeline
A4.3. Item T-901, Soil Preparation, Seeding and
FeritilinBE
2
AC
$2 600.00
$5 200.00
1 S2 000.00
$4,Oliu uU
$2 200.00
$4,400.00
TOTAL ALTERNATE 4: ITEMS NA44 - NA4-3:
$587 59800
5544, 028.00
$580 428,00
ALTERNATE 05 AIRPORT PERIMETER FENCE RELOCATION
PACKAGE
A5-1. Item P-140 Contractor Mobilization I LS
SB 880.00
S8,880 00
S5 200.00
S5 200.00
$2 50000
$2 500.00
A5-2- Item F-162, Demolition ofChain-Link Fence
2,266
LF
$3.00
$6,79800
$I.75
53,965.50
$LW
$2266.00
A5-3 Item F-162, Provide and Install Chain -Link
Fence
5,923
LF
$14.70
S87 068. l0
$15 S0
$91 806.50
$14.00
$82 922.00
A5-4, Item F-162 Provide and Install Vehicular Gate
I
LS
$6 770.00
$6,770. C-0
$5 500 00
SS 500, 00
$5 000.00
SS 000.0C
A5.5. Item F-162, Provide and Install ARFF Crash
Gate
i
LS
$2,500.00
S2500.00
$1 ID0,00
$I 100.00
S800.00
$800.00
AS-6. Item D-754 Concrete RipRep4"
116
SY
$68,01)
$7,998.00
S55.00
$6 380.00
$50.00
$5 800.00
TOTAL ALTERNATES. ITEMSNAS-1-NASA:
$ 113 952.00
---;,_'E'`-e• tl*.
$I 14 904.10
MW
$99 299 Olt
$72 000.N
ALTERNATE N6 AIRPORT PERRETER ROAD PACKAGE
$30390..00
572,000.00
S30 000.00
S}0 000.00
A6-l. Item P-140, Contractor Mobilization
I
LS
$30 390,00
A6-2 Item P-101, Remove and Dispose of 4"
HMAC 8"Base
927
SY
$10.69
$9909.63
$11,50
$10660.50
ST00
$6,489.00
A6-3. Item P-152 Embsnknwnt
17.919
CY
5 59
$99 608.21
S6.00
S106 914.00
S5.00
S89.09500
A6-4. hem P-I52 Excavation
9.270
CY3,68
$34 11360
S4.00
S37 080,00
$2.00
$1 B 540.00
A6-5. Item P-152, Grading "Topsoil in Unpaved
Areas
63 345
SY0,67
P$2.05
$42 441,15
S0 70
$44 341.50
$i.00
$63 345,00
Grading
A6-6, Item P-152, and Subgrade Preparation
under Perimeter Road
20,337
SY
$41 690.85
$2.DO
S40 67400
S2.DO
S40 674.00
A6-7. ItemP-I55,LimeTreatedSubgrade.excludin
lime
20337
SY3,59
373OD9 83
S3.90
$79 314,30
$3.00
S61 011.00
A6-8. Item P-155Lime used in LTSG 6%
344
TON
$187.10
$64 362,40
$200.D0
Sti8 800,00
$200.00
S68 800.00
A6-9. TxDOT Item 341 Ty B
6,727
TON
S97.$1
365S 949.77
S100.00
$672 700,00
SI09.00
$733 243.00
A6-10- TxDOT Item 341 Ty C
2,081
TON
$96.36
S200 525 16
S98.00
$203 939.00
$109.00
S226 829.00
A6-I L Item P-602, Bituminous Prime Coat,
including herbicidal treatment 0.3 lls
5,662
GAL
S4.42
$25 026.04
$4.80
$27,177.60
$1.00
S5,662 00
A6-12- Item P-602, Bituminous Tack Coat (0.15
gal/sy)2,831
GAL
$4, 73
$13 39C.63
$5 010
$14 155 00
34.00
S3 1324.00
Atr 13. Item ED 44B, Refined Coal Tar Emulsion
without Additives Slurry Seal Stniace Treatment
18.972
SY
$0.38
S7 171.36
S0,40
$7 548.80
$2.00
S37,7440
A6.14. Item T-901, Soil Preparation, Seeding and
Fertilizing
It
AC
$ 5fs0.00
S28160.00
$2,000.00
$22000.00
51,800.00
$14800,00
A6-15. Item D-70Z, 4'x2' Box Culvert, {installed in
trench, including excavation and backfill)
38
LF
$322.00
S12236.00
$345.00
S13110.00
$350,00
S1]300.00
A6-16 Item D-752, Reinforced Concrete Headwall
(including set i
2
EA
S2 460.00
$4.920.00
$3 500.00
$7 000,00
S6 0N.00
S12,00000
A647. Item MC, Rock Rip -Rap (including filter
fabric)
234
CY
S128.00
524,952.00
$115 00
SI9 890.
S i W,S23
411,00
TOTAL ALTERNATE 6: ITEMS NA6-I - NA6-17:
$137285663
- -
$I447303.70
S146] 256.00
ALTERNATE 97 AIRPORT PF.RWIETER ROAD ALTERNATE SECTION
A7-1. 18,872SY ADD(DEDUCT.4lternate
Pavement Section as shown in plans indicate an add
to Additive Alternate r16 wkb o positive number and a 1"72 SY-$23.57
-S444,813.04
-$23 60
-S445,379.20
-S25.00
4471,800.00
deduct to the Additive Alternate lib with a negative
number
ALTERNATE NS TEMPORARY PAPI FOR DISPLACE THRESHOLD
S30 870.00
523 500.00
$23 500.00
S25 000.DO
$25 000.00
AS- I Teo PAPI includingower I LS 530 87i1 tx1
ALTERNATE N4 AXIWAY H SURFACE COURSE REMOVAL)
A9-1. Removal of Taxiway H surface course, with
material to be retained by contractor (indicate cost to
1 LS-58,00W)o
-SB,000.00
411,000,00
-$8,0W.00
49,000,00
49,000.00
Owner positive number or credit to project with
negative number
DAYS FOR COMPLETION
221
221
Tots; Base Proposal with all Alternates
$6,106,Ss.3.fig
$6,StS,b92.50
$S 686,740,00
F%o�c' ho3un-�
c�DOr11MbtVI91WrLDCAtB urmq�APpp�,i 1nY+asLr-FINAL
City of Lubbock
Public Works Contracting Office
DRAFT Tab Sheet
M712009
0"�A_
RFPN 09-728-DD
Contractors
TITLE: RUNWAY OBf26 IMPROVEMENTS - PHASE I -
UTILITY RELOCATION & PERIMETER ROAD
Wright Construction
Utility Contractors of A fl k LTD
North Texas Contracting, Inc.
CLOSE DATE JULY 212009
Grapevine, TX
WoltTonit TX
Keller, TX
DEFT Aviation
TY
Unit
Unit Price
Total
Unit Price
Total
Unit Price
T•-mal
1. ItcmP-140 Contractor Mobilization,
I
LS
$141000.00
S141,D00.00
S135000D0
S135000.00
$85000,00
$85,000.00
2, Item P-101, Remove and Dispose of Service Road
Asphalt Base Course
135
SY
$14,00
$] 890_00
SITGO
$2295.00
S30.00
S4050.04
3. Item T-901, Sail Preparation, Seeding and
Fertilizin
7
AC
$2 65D.00
$18 550.00
S2 000.00
$14 000.00
$2 000.00
S14,000,00
4. Item MC 72-laehE301Concrete P1
1.,400
LF
$820,00
S1148000.00
$1,225.00
SI715000,00
$820.00
$i 148000.00
5. ]tent MC, 72-Inch CEN-VI-RO Spigot to 72-Inch
E301 Transition Joint
1
EA
$12 300.00
S 12 300.N
$ l6 500,00
$16 500,00
$7 000.00
S7 000.00
6. Item MC, 72-Inch CEN-VI-RO Bell to 72-Inch
E301 Transition Joint
I
EA
$12 300.00
$12 300.D0
$16,500,00
S16 500.00
$7 000.00
$7 000.00
7. Item MC, 72-Inch 45 Degree Bend
2
EA
$25,900.W
$51SO0,00
$25 500, DO
$51,000,00
$1 O 000.00
$26 000.00
H. Item MC, 72-Inch 45 Degree Bend With Flanged
Manwa
2
EA
$31950,00
$63900,00
$34,000.00
$68000.00
$iD000.00
S20000:00
9, Item MC Blowoff Structure
1
LS
$19 500.00
S19 500.00
$18 000,00
$18 000.00
$8 000 00
$B 000,00
10. Item MC Lxalation GfPLpC SCgMnt
I
LS
$35 770.00
S35 770,00
$17 000.00
$17 000.00
S20 W0.00
f20 000.00
1 I . Item MC Dewate of Pi e
I
LS
$21700.00
S21,700 00
$6 500.00
56,500.00
SS M DO
$5 000 00
12- Item MC, Cutting and Removal of Pipe Sections
For Tie -Ins
2
EA
$14 000.00
$28 000 00
S25 000.00
$50 000.00
$3. 500.00
$7.000.00
13. Item MC, 72-Inch Butt Strap Connection to
Existing pipe
2
EA
$35 300.00
$70 600.00
S20 000.00
$40 000.00
SS 000.00
$10 000.00
14. Item MC Hydrostatic Testing
I
LS
$2T 500,00
$2T 500.00
$15 000.00
$15 000.00
$3 000,00
53,000.00
15. Item MC Pavement Repair
1.15
SY
S90.00
S12 150.00
$95.00
S12 825.00
S120.00
$14520000
16. Rem MC Piiielina Leak Detection S em
I
LS
$46 000.00
S46 D00.00
S15,000.00
$15 000,00
$30 000,00
$30 000.00
17, Item MC, Performance Based Cathodic
Protection Systern, complete in place, with design by
Texas Licensed Corrosion Engineer
I
LS
$35 9D0.00
535,9DO.00
S30000.00
$30 000,00
s10000.00
$10 000_00
18. Item MC, Phasing, Safety and Temporary
Displaced Threshold (Incluiiing a0 Related Electrical,
Lighting, Marking Removal and Ncw Marking (Does
not Include Tem P i)
I
SI02000.00
S10201DO.00
$11000000
S110000.00
SI3000050
S13000000
19. Item MC 16-inch Ductile Iron Waste Line
2.010
_LS
LF
S77.00
$154 770.00
S85 OD
$i 70 850,00
SM.00
S160 800.00
20. Item MC 6-Inch Sch. BO Chlorine Line
2 010
LF
$27 00
$54 270,00
S28.OD
$56 280.00
$22,00
S44 220,00
21. Item MC, 3-Inch Sch. 80 Raw Water and
Potassium Perman Linea
4 G20
LF
S22 00
$88 440.00
S24.00
$96 490.00
S17.00
$66 340.00
22. Item MC 24-Inch Steel Casio
50
LF
SI50, W
$7 50000
$150.00
$7 500.00
$130.00
$6 500,00
23. Item MC 12-Inch SDR 26 PVC Casio
50
LF
_
$83.00
S4 150.00
S46.00
S2 300.00
S14.00
S700.00
24. Item MC a -Inch SDR 26 PVC Casio
100
LF
$90,00
$8 000,00
$38.00
S3 800.00
$7.00
S700.00
25- Item MC, Tic -Into to Existing 3-Inch Chemical
Line
4
EA
52 DDa00
$8 0WLW
S2 000.00
ss,ow,00
S300.00
S1 200.00
26. Item MC, Tie -In to Existing 6-tnch Chemical
Line
2
EA
S7 000.00
S14 0D0.00
$1,70000
S3 400.00
S400.00
$900.00
27, Gem MC, Tie -In ID Existing 16-Inch Chemical
Line
2
EA
$B 800.00
S17 600.00
$2 500 00
SS OD0.00
$1 000.00
S2 000.00
29, Item P-156, Temporary Air and Water Pollution,
Soil Erosion and Siltation Control
I
LS
$37 000.00
$37 000.00
$25000,00
$25000.00
S50 0011.00
$50 000.00
TOTAL BASE PROPOSAL, ITEMS Nl - N28
- -
$2 242 590.00
$2 711 230.00
r L tr -
$1 979 510.00
ALTERNATE*1 LPV ,UGEPACKAGE
A14 ItemP-140 Contractor Mobilization
I
LS
S1850000
S18500.00
S3600.00
S311ftDO
$25DO.00
$2.500.00
AI-2. Item MC, Manhole (Excavation, Placement
and BackmI,
2
EA
$14 770.00
$29 540.00
$7 300.00
$14 600.00
$3 OD0.00
S6 00000
AI -I. Item MC, Conduit in Trench (Six-5 Inch
Conduit)
1800
LF
$78,00
$Z40400.00
$9.00
S16200.00
$55,00
$9900000
AI-4. Gem MG Pavement R
100
SY
$127 W
$12 7DO.00
$23.00
$2300.00
S110.00
511,000.00
Al-5. Item T-901, Soil Preparation, Seeding and
Fenifi=&
l
AC
$2 650,0()
$2 650,00
82.000.00
S2 0D0,00
S2 000.00
$2 W0.00
TOTAL ALTERNATE l: ITEMS 8A1-1- NAl-5:
+' `." �.;
$203 790.00
S38 900.00
1I20 5OO.tXI
ALTERNATE 02; ATMOS GAS PIPELINE PACKAGE
A24 Item P-140 Contractor Mobilization
I
LS
153.70000
S53 700.00
S69DDD 00
S6,002.00
$51 00ti.00
$51 000,00
A2-2. Item MC Relocate Atmos Gas Pi - ' e
I
LS
S680558.00
$690 58.00
s680,858.00
S680 858.00
S680,858.00
$690 00
A2.3. Item T-901, Soil Preparation, Seeding and
Fertilizing
l
AC
$2 600.00
S2 600.00
S2 0N.00
$2 000.00
$2 200,00
$2 200.00
TOTAL ALTERNATE 2: rrF.MS MA2-1- AA2.3:
ALTERNATE M3 ONEOK GAS PIPELINE PACKAGE
A3-1. Item P-140 Contractor Mobilization I LS
_•;.
581 700.00
1737159.00
1 $8I 700.00
•;,-'s" ,�--g_ `T -:-
5750 958.00
$110 00000 V I b,000.00
-
585 000.00
5734 059.00
$B5 000.00
A3-2. Item MC, Relocate Oneok Gas Pipeline
I
LS $1 190,300.00
$1,130,300.00
S1,180,300,00
S1,180,300.08
S1,180,300,00
$1,180 .00
A3-3 Item T-901, Soil Preparation, Seeding and
AC $2 600.00
$2 600.00
52 000.00
$2 000.10
$2 200,00
S2 200.00
.FertilizingI
TOTAL ALTERNATE3: TTEMSgA3-I-4A3-3: -
$1,264600,00
" -
51,292,300.00
-
S1267500.00
C.000t1ME-1crIa LDCAUAIT-VXFpr~e wa, -FINAL
Resolution No. 2009—RO307
rim
Mr. James W. Loomis, A.A.E.
Director of Aviation
Lubbock Preston Smith International Airport
Administration Office, 2nd Floor
5401 N. Martin Luther King Jr, Blvd., Unit 389
Lubbock, TX 79403
PARKH I LLSM ITH &COOPER
Re: Amendment No. 12B to Agreement for Professional Services,
Construction Phase Services for: Runway 8/26 Improvements -- Phase I
Utility Relocation & Perimeter Road
Dear Mr. Loomis:
July 28, 2009
Last week bids were received for the construction of the utility relocation and perimeter road portion of the
Runway 8/26 project. We have met with your staff, reviewed the proposals submitted by the contractors and
have prepared the attached scope of services for the construction phase of this portion of the project. Parkhill,
Smith & Cooper, Inc. (PSC) currently has two contract amendments in place for the design of the Runway 8/26
improvements. Amendment 12, dated April 23, 2008 is for the design of the components associated with this
project with the exception of the work around the approach end of Runway 8 and reconstruction of Taxiway R.
Amendment 12A, dated July 21, 2008 added the design of these two components to the project. This contract
amendment modifies the scope of the previous two agreements to include PSC's construction phase services for
the utility relocation and perimeter road. Our understanding of the scope and a fee proposal for the professional
services requested for Task 2 (construction) and Task 3 (surveying/testing) are included below.
Task 1 - Fee for Professional Services (Study and Report, Preliminary Design,
Final Design, lump sum).
Task 2 - Construction Phase Services (Bidding/Negotiation, Engineers Services
Paragraph A 1.05 of co tract, which includes RPR and construction
related Engineering Se vices, lump sum). $ 346,225.00
Task 3 - Surveying and Testing Services, (reimbursable expense). $ 128,750.00
TOTAL $474,975.00
* Included under previous agreement(s)
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 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.1. 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 METHOD, 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 $474,975.00 without Owner's approval. PSC is proceeding with the design of
the Runway 8/26 and taxiway improvements and will have bid documents ready for the remainder of the project
Mr. James Loomis, A.A.E. Page 2 July 28, 2009
in 2010. Once the remainder of this project is bid, PSC will prepare a contract amendment for the construction
phase professional services for the airfield paving improvements portion of the project.
If the terms of,this amendment are agreeable to you, please sign and return one copy of this letter to our office.
We will take receipt of this signed letter as our notice to proceed with these services. We look forward to
working with you in completing this project. If you have any questions please call either Marie Haberer or
myself.
Sincerely,
PARKHILL, SMITH &c COOPER, INC.
By At
ohn T. Hamilton, PE
Firm Principal
JTIFjbh
Enclosures
IN TRIPLICATE
Accepted by:
CITY OF LUBBOCK
Tom Martin
Mayor
Attest:
Rey
Rebecca Garza
City Secretary
Approved as to Content:
By — - - -
James W. Loomis, A.A.E.
Director of Aviation
Approved as to Form:
Assistant City Attorney
XU00812M0i1K.'N1LW-RLENWOTIATIONSt mmAgwmWMR-26UrL&yCorWu:JnnPhaa'�'LWXWff %12B.1Xwx
PARKHILL, SMITH & COOPER, INC. - LUBBOCK
PROJECT BUDGET SHEET
LOCATION CODE:
01
PROJECT NAME:
LBB W6 Utilities
JOB NO:
01-2706-08
TASK,
2CST
DATE:
01/28/09
FEE TYPE:
LuME Sum
PREPARED BY:
JTH
PRINCIPAL:
JTH
PROL MANAGER:
MDR
OVERHEAD RATE:
PROFIT ON LABOR
PROFIT ON REM:
15.M%
PROFIT ON DIRECTS:
11,4 0%
FEE:4r25
LABOR:
330 Q 12
OVERHEAD:
REIMB. CONSULTANTS:
REIMB_ EXPENSES:
oIRw CONSULTANTS:
DIRRCT EXPENSES:
$13,-2.64
LABOR BUDGETS:
CODE
DESCRIPTION
HOURS
COSTS
01
Firm Principal
128
$17,536
03
Engineer
476
$49,980
11
Resident Project Representad
1,765
$185,325
11
Resident Project Representati
575
$51,175
07
Engineer -in -Training
260
$23.140
14
CADD Operator
48
$3,312
18
Clerical
8
$504
Page 1 of 3
FEE ESTIMATING SHEET PROJECT:
uaa eta tiff"
JOB NO.:
01-2706-00
TASK: 2CST
SALARY
CATEGORY OF PERSONNEL
RATE PER HOUR
FP
ENG
RPR
RPR
Err
CAOD OPT CLERICAL
TASK
01
03
11
11
07
14 18
Trips
$137.00
$105.00
$105,00
$89.00
$89.00
$69.00 $63.00
TOTAL
RPR (221 calendar day construction period)
Preconstruction Conference
2
4
4
4
4
16
162 Days at 9 Hrs/ Day
162
972
466
1,458
20 Pre/Post Days at 4.5 Hrs/ Day
20
45
45
90
30 Days at 24 Hrs/ Day
72
60
720
780
CONSTRUCTION PHASE
Conduct Preconstr Conference, minutes
1
3
8
2
13
Coord baseline surveys, benchmark
.2
2
4
Site visits, notes, progress meetings
60
48
.240
120
408
Coord, with RPR, Contractor, Owner
24
16
80
32
128
Routine change orders
8
8
16
Review submittals
8
18
26
Pay estimates including final
18
32
50
Certifications, guarantees & warranties
8
8
16
Final inspection and notea/findings
4
16
8
28
MISCELLANEOUS ANEOUS ITEMS
QCIPM (8 mos. Q 2 hrs./mo.)
16
16
Prepare stints. (9 Q 1 hr.)
9
9
Monthly Progress Reports (0.5hr. each)
4
4
Coordination with Owner
f6
16
CLOSEOUT PHASE
Record drawings
8
8
16
48
80
Warranty insp.
4
4
4
4
2
18
Addnl. compliance insps.
4
4
4
4
16
Final test and QC Mt.
8
16
24
16
4
68
BUDGET'SUBTOTALS: HOURS/ Trips -
341
Us
476
1765
575
260
48 8
32
r SALARY
1 $17 536
$49,980
$185,325
$5-1175
$23,140
$3 312 04
330 972
Page 2 of 3
E ESTIMATING SHEET PROJECT:
IRECTS
LBB 8/26 Utilities JOB NO.: 01-2706-00 TASK:
20ST
DIRECT CONSULTANT COSTS
SUBTOTAL
511 STRUCTURAL CONSULTANTS
612 MECH/ELEC CONSULTANTS
613 ENV &CIVIL CONSULTANTS
614 LANDSCAPE CONSULTANTS
615 TESTING CONSULTANTS
61B SURVEYINGCONSULTANTS
617 INTERIOR DESIGN CONSULTANTS
518 OTHER CONSULTANTS
TOTAL DIRECT CONSULTANTS
Di
DIRECT EXPENSES
621 TRAVELILODGING
MOTEL DAYS*
AIR TRAVEL AIR FARE O
PARKING DAYS 0
CAR RENTAL DAYS 0
MILEAGE 55 MILES 0
MEN 0 /MANDAY
MEN a /MAN
MAY =
IDAY =
$0.560 0 341 TRIPS $10.315,25
SUBTOTAL
$10,315
622 REPRODUCTIONS
BLUELINE PRINTS 47
SEPIA PRINTS
PRINTING:
ORIGINAL SET-UP COST
COST PER SHEET
BINDING COST
XEROX 500
SHTS O $2.55 a 5 SETS = $500.25
SHTS O $6.51 0 SETS .
ORIGINALS Q $0.15 IORI•
SETS Q $0.06 /BHT a 225 SHEETS=
SETS 0 I$2.00 /SET o
SHTS'0 $ORB /SHIT S40.00
SUBTOTAL
$638
023 MODELIRENDERINGS/PHOTOS
. Shots Q ISW
$W0
624 TELEPHONE 226 Cass 0
$3.00 /Call
$675
M MEALS DAYS Q
MEN a /MANDAY
624 FIELD SUPPLIES
$400
828'ROBTAGE• t30; ilgltl' Q
$6.00 /Milli
$650
629 PUBLICATIONS &sSUBSCRIP710NS
M MISO DIRECT EXP
gal .FAX. paos 0
$1.00
892 TE PORARY PERSONNEL
03 DRICFTINGI SUPPLIES
8a4 OFFICE SUP IES
6W CADD 48 HOURS
$8.00 MOUR
$384
No FIELD EQUIP RENTAL
6" SOFTWARE
TOTAL DIRECT EXPENSES
513,2B4
Page 3of3
PARKHILL, SMITH &. COOPER, INC. - LUBBOCK
PROJECT BUDGET SHEET
WCATION CODE:
01
PROJECT NAh E:
LBB 8126 Utilities
JOB NO.:
01-27p6-08
TASK.
3S&T
DATE:
07/MG9
FEE TYPE:
Other - SEE CONTRACT
PREPARED BY:
1TH
PRINCIPAL:
1TH
PROD. MANAGER!
MDH
OVERHEAD RATE:
PROFIT ON LABOR:
PROFIT ON REIMB:
11540 'v
PROFIT ON DIRECTS:
15:0%
FEE:
LABOR:
OVERHEAD:
REIMB. CONSULTANTS:
$111,950
REIMB. EXPENSES:
DIRECT CONSULTANT'S:
DIRECT EXPENSES:
LABOR BUDGETS:
CODE
DESCRIPTION HOURS COSTS
01
Firm Principal
#N/A
#N/A
03
Engineer
09
Engineering Technician
07
Engineer -in -Training
14
CADD Operator
18
Clerical
Page 1 at 2
E£ ESTIMATING SHEET PROJECT
EIMBURSASLES
LBB 8125 Utiiilies JCB NO.:
(11-2706-08 TASK:
3S&T
REIMBURSABLE CONSULTANT COSTS
SUBTOTAL
511 STRUCTURAL CONSULTANT$
512 MECRIELEC CONSULTANTS
513 ENV.& CIVIL CONSULTANTS
614 LANDSCAPE CONSULTANTS
515 TESTING CONSULTANTS
PaveTax Engineering & Tasting, Inc,
$104,200
516 SURVEYING CONSULTANTS
Smith Survoylog
82.750
517 INTERIOR DESIGN CONSULTANTS
518 OTHER CONSULTANTS
TOTAL REIMBURSABLE CONSULTANTS
Y111,450
REIMBURSABLE EXPENSES
521 TRAVELA-ODGING
MOTEL DAYS a
AIR TRAVEL AIR PARE O
PARKING DAYS a
CAR RENTAL DAYS a
MILEAGE MILES O
MEN O
MEN O
/DAY
A)AY
$0.40D O
MWDAY
/MAN
=
TRIPS
SUBTOTAL
522 REPRODUCTIONS
BLUELINE PRINTS
SEPIA PRINTS
PRINTING:
ORIGINAL SETUP COST
COST PER SHEET
BINDING COST
XEROX
SHTS O ass O 8 SETS
6HTS, a $8.51 a SETS .
OF11¢1�I,ALS' 4 $a15 ]ORI.
5o7$6 $0.081SHT O 250SHEETS -
SFS O $2.00 ISET
SHTS A $0.08 /SHT
SUBTOTAL
523 MODEURENDERINGSIPHOTOS
Shots a
/Shot
524 TELEPHONE Calls a
$100 ]Call
525 MEALS DAYS a
MEN O
MANDAY
528 FIELD SUPPLIES
528 POSTAGE manNs O
$2.00 ]Mailh
524 PUBLICATIONS & SUBSCRIPTIONS
630 MISC REIMBURSABLE EXP
531 FAX Pages a
$1.00
632 TEMPORARY PERSONNEL
633 DRAFTING SUPPLIES
534 OFFICE SUPPLIES
$35 CADD HOURS 6
$8.00 MOUR
538 FIELD EQUIP RENTAL
546 SOFTWARE
TOTAL REIMBURSABLE EXPENSES
Page 2of2
City of Lubbock, Texas
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT Lubbock Preston Smith
LBB Runway 08-26 Extension and Related Improvements 4tinternaticinal Airport
OPTION 3 - PACKAGE 1
ENGINEER'S OPINION OF PROBABLE COSTS
Y2 109
AIP FY 2009 - Utility Adjustment Package (CRMWA, AT&T. Atmos, Oneok and Centurion) and Airport Perimeter Road
Bale Bid (Unaty Adjustment Packagal
CRIVIWA Line
1
ItemP-140 Contractor Mobilization 8%
1
LS
$175327.20
$175327.20
2
Item P-101 Remove and Dispose of Service Road Asphalt and Base Course
225
SY
$10.DD
$2 250.00
3
Item P-152 Strip, Stockpile and Replace Ta ofl -1700 LF x 100 FT x 1 FT
6,300
CY
$4.00
$25 200.00
4
Item P-152 Excavate Trench -1700 LF x 12 FT x 14 FT Deep
10,500
CY
$16.00
$157 500.00
5
Item P-152 Fine Grading of Trench - 1700If x 12 If
2,300
SY
$5.00
$11 500.00
6
Item P-152 Initial Trench Backfiil and Compaction
1,250
CY
$7.50
S9 375.00
7
Item P-162 Final Trench Barakfill and Compaction
7,500
CY
$6,00
$37 500.00
8
Item MC Concrete Pipe
1,700
LF
$650.00
$1 105 0W.00
9
Item MC 72-richButterFl Valve
2
EA
$102000A0
S204,000.00
1O
Item MC Bkrwotf StruGure
1
EA
$25000.00
$25,DOO.00
11
Item MC Structural Pipe Cap
1,160
SY
5150.00
$174 D00.00
12
Item MC Isolation of pipe Segment
2
EA
$2 500.00
$5 D00.00
13
Item MG Oewatefinc of Pi22
LS
$7500.00
S7 500.00
14
Item MC Removal of Pipe Sections
i
LS
$5 000.00
$5 000.00
15
Item MC Connection to Existing Pipe
2
EA
$25000.00
$50 000.00
16
Item MC Hydrostatic Testing
1
LS
1 $7 500.00
$7 5W.00
17
10onstructionContin en 20%
1
LS
53fi5265A0
$355265,00
Subtotal CRMWA Line $2.366,918.00
Other ill ies
19
Item MC 6"SDR 26 PVC Pie
550
LF
$22.00
$12 100.00
20
Item MC 16" SDR 26 PVC Pipe
550
LF
545.00
$24 750.00
21
Item MC 3" SDR 26 PVC Pipe
550
LF
$18.00
$9 90D.110
22
Item MC 17' Steel Casing
550
LF
SWOO
$44 0D0,00
23
Item MC Tie-in to Existi 3" Chemical Line
4
EA
$2 600,00
$10 0W.00
24
Item MC Tie-in to Existi W Chemical Una
2
EA
S2 500.00
S5 D00.00
25
Item MC Tie-in 10 Exsti 16" Chemical Line
2
EA
S? 500.00
$15.OGO.00
26
Item MC - Encase Under round Electric
935
LF
$60.00
$56 100.D0
ItemMCReroute Amos Und round Gas ork and E ense b Atmos
1
LS
$0.00
$0.00
Item MC - Encase Oneok Un nd Gas ork b Oneok
935
LF
$300.00
$280 500.Item
MC - Encase Centurion Und round Petroleum Pi aline ork Centurion
935
LF
$200.00
$187 D00.Constnxdion
L
Carib enc 20%
1
LS
$128 87000
$128 070.00
Other Utilities $773,220,00
Alternate No. 1(Airport Perimeter Road Package)
Airciort Perimeter oa
1
Item P-140 Contractor Mobilization B%
1
LS
$164 632.58
$164 632.58
2
Item P-150 Remove and Dispose of 4" HMAC 6" Base
9,810
SY
$8.00
$78 480.00
3
Item P-152 Embankment
15,846
CY
$10.50
$166 383.00
4
Item P-152 Excavation
7,967
CY
$7.60
$59 902.50
5
Item P-152 Gracing and Tqmfi in Unpaved Areas
55.529
SY
$1,20
$66 634.80
6
Item P-155 Lime Treated Su de excluding lime
20885
SY
$3.00
$fit 656.00
7
Item P-155 Lime used in LTSG 6%
353
Tan
$180.00
S63 540.00
8
Item P-156 Temporary Air and Water Pollution Sal Erosion and Siltation Control
1
LS
$8 OOD.OD
$8 D00.00
9
TxOOT Item 340 Ty B
6.908
TON
1 $100401
$690 800.D0
10
Item P-401 Plant Mix Bituminous Pavements
2 132
TON
$95.00
$202 540.00
11
Item P-401 Plant Mix Bituminous Pavements 6% Bonus
1
LS
$12 152.40
S12 152.40
12
Item P£02 Bituminous Pdme Coat IndudIM herbicidal treatment 0.3 alls
5 802
Gallon
S4.00
$23 208.00
13
Item P-620 RLrmW and Taxiway Painting
480,
SF
$2.50
$1 200.00
14
Item P-631 Refined Coal Tar Emulsion with Additives Slurry Seal Surface Treatment
19 338
SY
S150
$29 D07.00
15
Item T-901 Sal Preparation, Seeding and Fertilizing
11
AC
$3 500.00
$38 500.00
ifi
Item D-7D1, 24-inch Reinforced Concrete Pipe (installed In trench, including excavation and
backfilt
105
LF
$30I I
$3150t1.00
17
Item D-752 Reinforced Concrete Headwall
4
EA
$3 -0.00
$12 DOO.OD
18
Item F-162, Demolition of Chain -Link Fence
2,310
LF
$7AO
$16 170.00
19
Item F-182 Provide and Install Chain-Unk Fence
5,090
LF
$25.00
$152 250.00
20 ns on on a Contingency 1 LS $342,904.54 $342,984.54
Professional Services
Basic Engineering Services (Study and Report, Preliminary Design, Final Design and 6lddingMegotiatim. )
Construction Phase Services (includes RPR and Construction related Engr. Services) $2.6,000
Construction Surveying and Testing Services $146,000
Subtotal Professional Services $"0'000
Included in Amendments 12 and 12A
X'.L2W 704 alO'v14Vf - PERFMSEIOPron 3Fhm 1 apron I.M.
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the
term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
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 Vli, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea.
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Batch Act - 5 U.S.C. 4501, et seg.2
Airport Assurances (3/2005)
e_ Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et seg.t 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. ]
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. I
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 Act of 1964 - Title VI - 42 U.S.C, 2000d through d-4,
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 seg.1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.'
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sm.�
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•z
X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity
Executive Order 11990 - Protection of Wetlands
Executive Order 11988 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction]
Executive Order 12898 - Environmental Justice
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),I
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
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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.
I 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.' 2
M. 49 CFR Part 26 a Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.
o. 49 CFR Part 29 — Government wide debarment and suspension (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.'
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
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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 e one —in a
manner acceptable to the Secretary.
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
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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.
e. 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
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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.
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
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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.
G.
It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d.
It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e.
It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f.
It will grant the Secretary the right to disapprove the sponsor's employment
of specific consultants and their subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of
professional services.
g.
It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h.
It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on the
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition and
in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
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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.
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.
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9
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.
21 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,
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10
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.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in
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
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I)EI
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 ail 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 (3/2005)
12
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.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States' share of the cost of acquisition of such land will, (1) upon
application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport
or within the national airport system, or (2) be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
Airport Assurances (312005)
13
C. Land shall be considered to be needed for airport purposes under this
assurance if (I) 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.
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
t e 4dvisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated
/Dnd 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
Airport Assurances (3/2005)
14
non discrimination in the award and administration of DOT -assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure 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).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft
agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's
expense, the airport owner or operator will grant to the aircraft owner for the hangar a long
term lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that -
I. 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
Airport Assurances (3/2005)
Resolution No. 2009-RO307
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP
FUNDED AND PFC APPROVED PROJECTS
Dated: 10129/2008
View the most current versions of these ACs and any associated changes at:
hftp:/Iwww.faa.gov/airports airtraffic/airports/resources/advisory circulars
NUMBER
TALE
70f7460-1 K
Obstruction Marking and Lighting
150/5000-13A
Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airports Surface Movement Sensors
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-68
Chan e 1
Airport Master Plans
150/5070-7
The Airport System Planning Process
15015200-28D
Notices to Airmen (NOTAMS) for Airport Operators
15015200-30B
Airport Winter Safety and Operations
15015200-33B
Hazardous Wildlife Attractants On or Near Airports
150/5210-5C
Painting, Marking and lighting of Vehicles Used on an Airport
15015210-7D
Aircraft Fire and Rescue Communications
150/5210-13B
Water Rescue Plans, Facilities, and Equipment
150/5210-14B
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15A
Airport Rescue & Firefighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
150/5210-19
Driver's Enhanced Vision System (DEVS)
150/5220-46
Water Supply Systems for Aircraft Fire and Rescue Protection
15015220-1 OD
i
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B
Runway Surface Condition Sensor Specification Guide
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
October 29, 2008
NUMBER
`TITLE
150/5220-16C
Automated Weather Observing Systems for Non -Federal Applications
150/5220-17A
Design Standards for Aircraft Rescue Firefighting Training Facilities
And Change 1
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20
Airport Snow and Ice Control Equipment
and Change 1
150/5220-21 B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A
Engineered Materials Arresting System (EMAS) for Aircraft Overruns
150/5300-13
and
Airport Design
Changes 1 —13
150/5300-14
and Changes
Design of Aircraft Deicing Facilities
1&2
15015300-16A
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
150/5300-17B
General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition
150/5300-18B
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS_ Field Data Collection and Geographic Information System (GIS)
Standards
15015300-5C
Airport Drainage
150/5320-6D
and Changes 1
Airport Pavement Design and Evaluation
through 4
150/5320-12C
and Changes 1
Measurement, Construction, and Maintenance of Skid Resistant Airport
through 8
Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5320-15A
Management of Airport Industrial Waste
150/5325-4B
Runway Length Requirements for Airport Design
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
October 29, 2008
NUMBER
TITLK.,
15015335-5A
Standardized Method of Reporting Pavement Strength PCN
150/5340-1J
Standards for Airport Markings (Change 1&2)
150/5340-5C
Segmented Circle Airport Marker System
150/5340-18E
Standards for Airport Sign Systems
150/5340-30D
Design and Installation Details for Airport Visual Aids
150/5345-3F
Specification for L821 Panels for Control of Airport Lighting
150/5345-5B
Circuit Selector Switch
1505345-7E
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
15015345-10F
Specification for Constant Current Regulators Regulator Monitors
150/5345-12E
Specification for Airport and Heliport Beacon
150/5345-13B
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26C
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28F
Precision Approach Path Indicator (PAPI) Systems
150/5345-39C
FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F
Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
Specification for Obstruction Lighting Equipment
150/534543F
15015345-44H
Specification for Taxiway and Runway Signs
150/534545C
Low -Impact Resistant (LIR) Structures
150/5345-46C
Specification for Runway and Taxiway Light Fixtures
150/534547B
150/5345-49C
Specifications for Series to Series Isolation Transformers for Airport Lighting
S stem
Specification L854, Radio Control Equipment
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
October 29, 2008
t
Tina
Specification for Portable Runway and Taxiway Lights
150/5345-50B
150/5345-51A
Specification for Discharge -Type Flasher Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53C
Airport Lighting Equipment Certification Program
150/5345-54A
and Change 1
Specification for L-1884 Power and Control Unit for Land and Hold Short
150/5345-55A
Lighted Visual Aid to Indicate Temporary Runway Closure
160/5346-56
Specification for L-890 Airport Lighting Control and Monitoring System
ALCMS
15015360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12E
Airport Signing and Graphics
150/5360-13
and Change 1
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2E
Operational Safety on Airports During Construction
150/5370-10C
Standards for Specifying Construction of Airports
150/5370-11A
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-66
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-213
Heliport Design
150/5390-3
Vertiport Design
150/5395-1
Seaplane Bases