HomeMy WebLinkAbout7392RESOLUTION NO. 7392
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION BY THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, FOR FEDERAL GRANT
ASSISTANCE FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE
1994 PUEBLO MEMORIAL AIRPORT IMPROVEMENT PROJECT AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
Be it resolved by the City Council of Pueblo that:
SECTION 1
The City of Pueblo is authorized to file an application with the Federal Aviation Administration
for federal grant assistance for the 1994 Pueblo Memorial Airport improvements consisting of:
1. Rehabilitate and Overlay Taxiway "A" and West Apron Edge Taxiway.
2. Modify Terminal Building for ADA Compliance.
SECTION 2
The President of the City Council is hereby authorized to execute the grant application on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City
thereto and attest the same.
INTRODUCED June 13, 1994
BY JOHN CALIFANO
Councilperson
APPROVED:
j�7 - esident of the City Council
ATTEST:
City Clerk l
D D,
p
City of Pueblo
JAMES P. ELWOOD, A.A.E.
Director of Aviation
Mr. Alan E. Wiechmann, Manager
Airports District Office
Federal Aviation Administration
5440 Roslyn Street, Suite 300
Denver, Colorado 80216
Subject: Pueblo Memorial Airport
Pueblo, Colorado
AIP Project No. 3 -08- 0046 -13
Application for Federal Assistance
Dear Mr. Wiechmann:
31201 Bryan Circle
Pueblo, Colorado 81001
(719) 948 -3355
(719) 948 -3361
The City of Pueblo, Colorado as Airport Sponsor, is herewith submitting the original and one
(1) copy of the Application for Federal Assistance for the above referenced 1994 Airport
Improvement Program project. The Application covers the following work items:
1. Rehabilitate and Overlay Taxiway "A" and West Apron Edge Taxiway.
2. Modify Terminal Building for ADA Compliance.
Sponsor funds are available to cover the Sponsor's share of the costs associated with this
project.
Should further information be required, please contact us.
Thank you for your assistance.
Very truly yours,
Joyce Lawrence
President, City Council
Enclosure: Application
OMB Approval No. 0348 -0043
APPLICATION FOR
2. Date Submitted
Applicant Identifier
'FEDERAL ASSISTANCE
1. Type of Submission:
3. Date Received By State
State Application Identifier
Application
Preapplication
Construction
❑ Construction
4. Date Received By Federal Agency
Federal Identifier
❑ Non - Construction
❑ Non - Construction
Legal Name: City of Pueblo, Colorado
Organizational Unit: City Council
Address (give city, county, state and zip code):
Name and telephone number of the person to be contacted on matters involving
this application (give area code):
City Hall
Mr. James P. Elwood
Pueblo, Colorado
Director of Aviation
(719) 948 -3355
6. Employer Identification Number (EIN):
7. Type of Applicant: (enter appropriate letter in box) C
84- 6000615
A. State H. Independent School Dist.
8. Type of Application
M New ❑ Continuation ❑ Revision
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
If Revision, enter appropriate letter(s) in box(es) ❑ ❑
D. Township K. Indian Tribe
A. Increase Award B. Decrease Award C. Increase Duration
E. Interstate L. Individual
F. Intermunicipal M. Profit Organization
D. Decrease Duration Other (specify)
G. Special District N. Other (Specify)
9. Name of Federal Agency: Federal Aviation Administration
10. Catalog of Federal Domestic 20- 1 0 6
11. Descriptive Title of Applicant's Project:
Assistance Number:
Title: Airport Improvement Program
1. Rehabilitate and Overlay Taxiway "A" and West Apron Edge Taxiway.
2, Modify Terminal Building for ADA Compliance.
12. Areas Affected by Project (cities, counties, state, etc.):
City of Pueblo
13. Proposed Project:
14. Congressional Districts Of:
Start Date
Ending Date
a. Applicant b. Project
June, 1994
Dec., 1994
3rd 3rd
15. Estimated Funding:
16. Is Application Subject to Review By State Executive Order 12372 Process?
a. YES This Preapplication/Application was made available to the State
a. Federal
$ 500,000
Executive Order 12372 Process for Review On.
DATE May 30, 1989
b. NO ❑ Program is not covered by E O 12372
❑ Or Program Has Not Been Selected by State for
Review
b. Applicant
$ 55,556
C. State
$
d. Local
$
e. Other
$
f. Program Income
$
17. Is the Applicant Delinquent on any Federal Debt?
❑ Yes If "Yes" attach an explanation No
G. TOTAL
$ 555,556
18. To the best of my knowledge and belief, all data in this application/preapplication are true 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 Representative:
b. Title:
c. Telephone Number:
Joyce Lawrence
President, City Council
(719) 545 -0561
d. Signature of AAhorized Repressive:
e. Date Signed
a t
C.—A—d C.—A— Pnr 424 REV 4-8
Prescribed by OMB Circular A -102
Authorized for Local Reproduction
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
OMB NO. 80 -RO184
Item 1.
Does this assistance request require State, local,
Name of Governing Body
regional, or other priority rating?
Priority Rating
Yes
X No
Item 2.
Does this assistance request require State, or local
Name of Agency or Board
advisory, educational or health clearances?
Yes
X No
(Attached Documentation)
Item 3.
Does this assistance request require clearinghouse review
(Attach Comments)
in accordance with OMB Circular A -95?
X Yes
No
Responses submitted
Item 4.
Does this assistance request require State, local,
Name of Approving Agency
regional or other planning approval?
Date
Yes
X No
Item 5.
Is the proposed project covered by an approved
Check one: State ❑
comprehensive plan?
Local O Airport Master Plan
Regional ❑
X Yes
No
Location of plan Pueblo Memorial Airport
Item 6.
Will the assistance request serve a Federal
Name of Federal Installation
installation? Yes
X No
Federal Population benefiting from Project
Item 7.
Will the assistance requested be on Federal land
Name of Federal Installation
or installation?
Location of Federal Land
Yes
X No
Percent of Project
Item 8.
Will the assistance requested have an impact or effect
See instruction for additional information to be
on the environment?
provided.
Yes
X No
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals
individuals families, businesses, or farm?
Families
Businesses
Yes
X No
Farms
Item 10.
Is there other related Federal assistance on this
See instructions for additional information to be
project previous, pending, or anticipated?
provided.
Yes
X No
FAA Form 5100 -100 (6 -73) SUPERSEDES FAA FROM 5100 -10 PAGES 1 THRU 7 Page 2
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04 -R0209
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land
adjacent to or in the vicinity of the airport:
Lands surrounding the airport are generally zoned for industrial development, in agricultural use, or open and
undeveloped. The zoning for land in the airport environs was adopted by Pueblo County in 1963. In 1967, the
Pueblo Tomorrow Plan (COG sponsored) addressed use of land in the airport vicinity which incorporated height and
obstruction restrictions and generally conformed to the recommendations in the long range Master Plan for the
airport. New land use requests are given a thorough review by planning agencies, and approvals are limited to
those which will retain compatibility in land use in the airport environs.
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 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 ":
There has been no change in the property interest held by the Airport Sponsor as shown on the attached Exhibit
"A" since AIP Project No. 3 -08- 0046 -12. No. encumbrances, or other interests exist on the property interest held
by the Airport Sponsor as shown on 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
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04 -RO209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company
and that such attorney or title company has determined that the Sponsor holds the above property interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction
work under the Project, the following property interest in the following areas of land* on which such construction work
is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A':
None
(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":
None
5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity
at any airport owned or controlled by the Sponsor except as follows:
None
* State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interest 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
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 80 -RO184
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No. 20.106
2. Functional or Other Breakout N/A
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total Amount
Required
Latest Approved
Amount
Adjustment
+ or (-)
1. Administration expense
5,000
2. Preliminary expense
3. Land, structures, right -of -way
4. Architectural engineering basic fees
64,985
5. Other architectural engineering fees
6,000
6. Project inspection fees
34,515
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
445,056
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
555,556
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
555,556
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
555,556
20. Federal Share requested of Line 19
500,000
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
500,000
23. Grantee share
55,556
24. Other shares
25. Total project (Lines 22, 23 & 24)
555,556
FAA Form 5100 -100 (6 -73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page 4
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
nrte❑ nin on cn4o
FAA Form 5100 -100 (5 -13) SUPERSEDES FAA FROM 510 -0 -10 PAGES 1 THRU 7
Page 5
FAA AC 75 -0232
SECTION C - EXCLUSIONS
26.
Classification
Ineligible for
Participation
(�)
Excluded from
Contingency Provision
(
a.
$
$
b.
C.
d.
e.
f.
g.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON - FEDERAL SHARE
27.
Grantee Share
55,556
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
55,556
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share
55,556
28.
Other Shares
a. State
b. Other
c. Total Other Shares
29.
TOTAL
$
55,556
SECTION E - REMARKS
The following items are incorported herein by reference:
1. Exhibit "A" Property Map (attached)
2. Airport Sponsor Assurances (attached)
3. Attachments 1 thru 5.
4. Plans and Specifications for AIP Project No. 3 -08- 0046 -13 (by reference)
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100 -100 (5 -13) SUPERSEDES FAA FROM 510 -0 -10 PAGES 1 THRU 7
Page 5
FAA AC 75 -0232
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. any person who fails to file
the required certification shall be subject to a civil penalty of no less than $10,000 and not more than
$100,000 for each such failure.
Signed:
p sor' Authorized Representative
Dated:
Joyce Lawrence
President City Council
Attachment 1
SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS
Pueblo, Colorado
Sponsor's Name
Pueblo Memorial Airport 3 -08- 0046 -13
Airport Project Number
1. Rehabilitate and Overlay Taxiway "A" and West Apron Edge Taxiway.
2. Modify Terminal Building for ADA Compliance.
Project Description
Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act),
authorizes the Secretary to require certification from sponsors that they will comply with statutory and
administrative requirements. The following list of certified items includes major requirements for this
aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors
from fully complying with all applicable statutory and administrative standards. Every certified item must
be marked. Each certified item with a "no" response must be fully explained in an attachment to this
certification. If the item is not applicable to this project, mark the item "N /A ". 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 -14.
1. Advertisements (were) (willow) 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) (wills) 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) (will -bs) performed, and a record of negotiations (has been)
(will -bs) 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
approval (was) (will be) obtained from FAA.
Yes X
by sponsor force account personnel, prior
i1n,
N/A
5. The consultant services contracts clearly (establish) (will 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) (will be) clearly identified and
separated from eligible items.
Yes X No
N/A
Page 1 of 2
7. All mandatory contract provisions for grant- assisted contracts (have been) (w4t4e) included in
all consultant services contracts.
Yes X No N/A
8. If the contract is awarded without competition, pre -award review and approval (was) (wild -tie)
obtained from FAA.
Yes No N/A X
9. Cost- plus - percentage -of -cost methods of contracting prohibited under Federal standards (were
not) (fie) 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) (will be) specifically described in the advertisement, and future work
will not be initiated beyond three years.
Yes No N/A X
I certify that, for the project identified herein, the responses to the forgoing items are correct as marked,
and that the attachments, if any, are correct and complete.
Signed:
_AA "q A ZZ_0e0_1O_*%1
4' C�M C 1: � a � A' - - , - , F_ C, - Dated: 5
S n is Ag horized Rep esentative
Joyce Lawrence, President City Council
Typed Name and Title of Sponsor's Representative
Page 2 of 2
Attachment 2
SPONSOR CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS
Pueblo, Colorado Pueblo Memorial Airport 3 -08- 0046 -13
Sponsor's Name Airport Project Number
1. Rehabilitate and Overlay Taxiway "A" and West Apron Edge Taxiway.
2. Modify Terminal Building for ADA Compliance.
Project Description
Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act),
authorizes the Secretary to require certification from sponsors that they will comply with statutory and
administrative requirements. The following list of certified items includes major requirements for this
aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors
from fully complying with all applicable statutory and administrative standards. Every certified item must
be marked. Each certified item with a "no" response must be fully explained in an attachment to this
certification. If the item is not applicable to this project, mark the item "N /A ". 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 airport and procurement or installation of
airport equipment and facilities is referenced in Grant Assurance 34.
1. The plans and specifications (were) (will -be) 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) (wall -be) necessary other than those previously approved by FAA.
Yes X No N/A
2. Specifications for the procurement of equipment (are not) (will- not-be proprietary or written so
as to restrict competition. At least two manufacturers can meet the specification.
Yes X No N/A
3. The development (included) ( in the plans is depicted on an airport layout plan
approved by FAA.
Yes X No N/A
4. Development which is ineligible for AIP funding (has been) (wW44) omitted from the plans and
specifications.
Yes X No N/A
5. Process control and acceptance tests required for the project by standards contained in Advisory
Circular 150/5370 -10 (are) (w4 ) included in the project specifications.
Yes X No N/A
6. If a value engineering clause is incorporated into the contract, concurrence (was) (will be)
obtained from FAA.
Yes No N/A X
Page 1 of 2
7. The plans and specifications (incorporate) (will— i+;seFgeFae) 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) (will -be) discussed with FAA and incorporated into the
specifications. A safety /phasing plan (has been) (w444) prepared, and FAA concurrence (has been)
(will be) obtained, if required.
Yes X No N/A
9. The project (was) (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 No N/A X
I certify that, for the project identified herein, the responses to the forgoing items are correct as marked,
and that the attachments, if any, are correct and complete.
Signed: Dated:
Onsoa S Authoriz . epresentative
Joyce Lawrence, President City Council
Typed Name and Title of Sponsor's Representative
Page 2 of 2
Attachment 3
SPONSOR CERTIFICATION FOR EQUIPMENT /CONSTRUCTION CONTRACTS
Pueblo, Colorado Pueblo Memorial Airport 3 -08- 0046 -13
Sponsor's Name Airport Project Number
1. Rehabilitate and Overlay Taxiway "A" and West Apron Edge Taxiway.
2. Modify Terminal Building for ADA Compliance.
Project Description
Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act),
authorizes the Secretary to require certification from sponsors that they will comply with statutory and
administrative requirements. The following list of certified items includes major requirements for this
aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors
from fully complying with all applicable statutory and administrative standards. Every certified item must
be marked. Each certified item with a "no" response must be fully explained in an attachment to this
certification. If the item is not applicable to this project, mark the item "N /A ". 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 procurement conform to specific standards in 49 CFR 18 and Advisory Circulars
150/5100 -6, 150/5100 -15, and 150/5100 -16.
1. A code or standard of conduct (is) (w4-be) 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) (w4l bs) engaged to perform contract administration, engineering
supervision, and construction inspection and testing.
Yes X No N/A
3. The procurement (was) (w444) publicly advertised using the competitive sealed bid method of
procurement.
Yes X No N/A
4. The request forbids clearly and accurately (describes) (will- d@SGFibe) all administrative and other
requirements of the equipment and /or services to be provided.
Yes X No N/A
5. Concurrence (was) (will be) obtained from FAA prior to contract award under any of the following
circumstances:
a. Only one qualified person /firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest 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% over the sponsor's cost estimate.
Yes X No N/A
Page 1 of 2
6. All contracts exceeding $100,000, (require) (w44e94i4:a) a bid guarantee of 5 %, a performance
bond of 100 %, and a payment bond of 100 %.
Yes X No N/A
7. Contracts exceeding $100,000 (contain) (wild -) 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) (w4l•-seata+r�) provisions requiring
compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act
(42 USC 1857 (h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and
environmental protection regulations (40 CFR Part 15).
Yes X No N/A
8. All construction contracts involving labor (contain) (Will seata+R provisions insuring that in the
employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given
preference.
Yes X No N/A
9. All construction contracts exceeding $2,000 (contain) (will— GoRtaiR) provisions requiring
compliance with the Davis -Bacon Act and bid solications (contain) (will contain) a copy of the current
Federal wage rate determination. Provisions requiring compliance with Section 103 and 107 of the
Contract Work Hours and Safety Standard Act (40 USC 327 -330) and the Copeland "Anti -Kick Back" Act
(are) (will -be) included.
Yes X No N/A
10. All construction contracts exceeding $10,000 (contain) (Will GGRtaiR appropriate clauses from 41
CFR Part 60 for compliance with Equal Employment Opportunity Executive Order 11246.
Yes X No N/A
11. All contracts and subcontracts (contain) (will- eea#aiR) clauses required from Title VI Civil Rights
Assurances and 49 CFR 23 for Disadvantaged Business Enterprises.
Yes X No N/A
12. Appropriate checks (have -beep) (will be) made to assure that contracts or subcontracts are not
awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business
with any DOT element and appearing on the DOT Unified List.
Yes X No N/A
I certify that, for the project identified herein, the responses to the forgoing items are correct as marked,
and that the attachments, if any, are correct and complete.
Signed: _ Dated:
S o or's Kuthorized Representative
Joyce Lawrence, President City Council
Typed Name and Title of Sponsor's Representative
Page 2 of 2
Attachment 5
SPONSOR CERTIFICATION FOR CONSTRUCTION PROJECT
FINAL ACCEPTANCE
Pueblo, Colorado Pueblo Memorial Airport 3 -08- 0046 -13
Sponsor's Name Airport Project Number
1. Rehabilitate and Overlay Taxiway "A" and West Apron Edge Taxiway.
2. Modify Terminal Building for ADA Compliance.
Project Description
Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act),
authorizes the Secretary to require certification from sponsors that they will comply with statutory and
administrative requirements. The following list of certified items includes major requirements for this
aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors
from fully complying with all applicable statutory and administrative standards. Every certified item must
be marked. Each certified item with a "no" response must be fully explained in an attachment to this
certification. If the item is not applicable to this project, mark the item "N /A ". General requirements for
final acceptance and close -out of Federally funded construction projects are in 49 CFR 18.50. The
sponsor shall determine that project costs are accurate and proper in accordance with specific
requirements of the Grant Agreement and contract documents.
1. The personnel engaged in project administration, engineering supervision, and construction
inspection and testing (were) (w4 -be) determined to be qualified and competent to perform the work.
Yes X No N/A
2. Daily construction records (were) (will be) kept by the resident engineer /construction inspector.
These records document work in progress, quality and quantity of materials delivered, test locations and
results, instructions provided the contractor, weather, equipment use, labor requirements, safety
problems and changes required.
Yes X No N/A
3. Weekly payroll records and statements of compliance (wsra) (will be) submitted by the prime
contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circulars
150/5100 -6 and 150/5100 -15).
Yes X No N/A
4. Complaints regarding the mandated Federal provisions set forth in the contract documents (#ava
been) (will be) submitted to FAA.
Yes X No N/A
5. All tests specified in the plans and specifications (wo;a) (will be) performed and the test results
documented. A summary of test results (#aas-)eer}) (will be) available to FAA.
Yes X No N/A
taken.
For any test results outside allowable tolerances, appropriate corrective actions (were) (will be)
Yes X No N/A
Page 1 of 2
7. Payments to the contractor (wera) (will be) made in compliance with contract provisions and
verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate,
pay reduction factors required by the specifications (we;:a) (will be) applied in computing final payments
and a summary of pay reductions ( 4as -bee4) (will be) available to FAA.
Yes X No N/A
8. The project (was) (will be) accomplished without significant deviations, changes, or modifications
from the approved plans and specifications, except where approval (was) (will be) obtained from FAA.
Yes X No N/A
9. A final project inspection (was) (will be) conducted with representatives of the sponsor and the
contractor. Project files (seeta4) (will contain) documentation of the final inspection.
Yes X No N/A
10. Work in the Grant Agreement (was) (will be) physically completed and corrective actions required
as a result of the final inspection (we;s) (will be) completed to the satisfaction of the sponsor.
Yes X No N/A
11. The as -built plans and an equipment inventory, if applicable, (fiave- beer) (will be) submitted to
FAA. If requested, a revised airport layout plan (was) (will be) made available to FAA.
Yes X No N/A
12. Applicable close -out financial reports (have been) (will be) submitted to FAA.
Yes No N/A _
I certify that, for the project identified herein, the responses to the forgoing items are correct as marked,
and that the attachments, if any, are correct and complete.
Signed:
'000 Dated: ✓ 9
S Or'S uthorized kepFesentative
Joyce Lawrence President City Council
Typed Name and Title of Sponsor's Representative
Page 2 of 2
ASSURANCES
Airport Sponsors
A. General
1. These assurances shall be complied with in the performance of grant agreements
for airport development, airport planning, and noise compatibility program grants to
airport sponsors.
2. These assurances are required to be submitted as part of the project application
by sponsors requesting funds under the provisions of the Airport and Airway Improvement
Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of
1987, or the Aviation Safety and Noise Abatement Act of 1979. 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 public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are
incorporated in and become a part of the grant agreement.
B. Duration and Applicability
1. Airport Development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall
remain in full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from the
date of acceptance of a grant offer of Federal funds for the project. However, there shall be
no limit on the duration of the assurance against exclusive rights or the terms, conditions,
and assurances with respect to real property acquired with Federal funds. Furthermore,
the duration of the Civil Rights assurance shall be as specified in the assurance.
2. Airport Development or Noise Compatibility Program 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 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 the 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, 34, and 36 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.
Page 1 of 16
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,
re 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. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et seq.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq. 1/
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq. 2/
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 - 42 U.S.C. 4601, et seq. 1/2/
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
1/
g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469
through 469c. 1/
h. Flood Disaster Protection Act of 1973 - Section 102(a) -42 U.S.C. 4012a. 1/
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2004d through d -4.
k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seq.
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq. 1/
n. Airport and Airway Improvement Act of 1982, as amended 49 U.S.C.
2201, et seq.
o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U.S.C.
8373.1/
p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. 1/
q. Copeland Antikickback Act - 18 U.S.C. 874. 1/
r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. 1/
S. Endangered Species Act - 16 U.S.C. 668(x), et seq. 1/
t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2/
U. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 11246 - Equal Employment Opportunity 1/
Page 2 of 16
Federal Regulations
a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. 3/
b. 49 CFR Part 21 - Non discrimination in Federally- Assisted Programs of
the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964/
C. 49 CFR Part 23 - Participation by Minority Business Enterprise in
Department of Transportation Programs.
d. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property
Acquisition Regulation for Federal and Federally Assisted Programs. 1/
2/
e. 49 CFR Part 27 - Non - Discrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefiting from Federal Financial
Assistance. 1/
f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions.
g. 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.
h. 29 CFR Part 1- Procedures for Predetermination of Wage Rates. 1/
i. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or
Public Works Financed in Whole or Part by Loans or Grants from U.S. 1/
j. 29 CFR Part 5- Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction. 1/
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and Federally -
assisted Contracting Requirements). 1/
1. 14 CFR Part 150 - Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
a. A -87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments. 3/
b. A -128 - Audits of State and Local Governments. 2/
1/ 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 the Airport and Airway
Improvement Act of 1982, as amended.
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.
Page 3 of 16
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 filing of the application, including all
understanding and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to
finance and carry out the proposed project and comply with all terms, conditions, and
assurances of this grant agreement. It shall designate an official representative and shall in
writing direct and authorize that person to file this application, including all
understandings and assurances contained therein; to act in connection with the
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 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 expanded 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 he 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 or right of
others which would interfere with such performance by the sponsor. This shall be done in
a manner acceptable to the Secretary.
Page 4 of 16
b. It will not sell, lease, encumber or otherwise transfer or dispose of any part
of its title or other interests in the 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 the Airport and Airway Improvement Act of 1982 to assume
the obligations of the grant agreement and to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the
transferee, all of the terms, conditions and assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out
by another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement shall obligate that
government to the same terms, conditions, and assurances that would be applicable to it if
it applied directly to the FAA for a grant to undertake the noise compatibility program
project. That agreement and changes thereto must be satisfactory to the Secretary. It will
take steps to enforce this agreement against the local government if there is substantial
non - compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this agreement
against the property owner whenever there is substantial non - compliance with the terms of
the agreement.
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 with the Airport and Airway Improvement Act of 1982, 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. For noise compatibility program projects, other than land
acquisition, to be carried out on property not owned by the airport and over which
Page 5 of 16
property another public agency has land use control or authority, the sponsor shall obtain
from each such agency a written declaration that such agency supports that project and the
project is reasonably consistent with the agency's plans rewarding the property.
i. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near which the project may be located.
8. Consultation with Users. In making a decision to undertake any airport
development project under the Airport and Airway Improvement act of 1982, 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 of refusal to certify shall be provided within sixty
days after the project application has been received by the Secretary.
11. Local Approval. In projects involving the construction or extension of any
runway at any general aviation airport located astride a line separating two counties within
a single state, it has received approval for the project from the governing body of all
villages incorporated under the laws of that state which are located entirely within five
miles of the nearest boundary of the airport.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public airport, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section
612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or
(Revised 1/93) Page 6 of 16
regulation, and has provided for access to the passenger enplaning and deplaning area of
such airport to passengers enplaning or deplaning from aircraft other than air carrier
aircraft.
13. Accounting System, Audit, and Recordkeeping 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 and nature of
that portion of the cost of the project supplied by other sources, and such other financial
records pertinent to the project. The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the
Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of
the United States, or any of their duly authorized representatives, for the purpose of audit
and examination, any books, documents, papers, and records of the recipient that are
pertinent to the grant. The Secretary may require that an appropriate audit be conducted
by a recipient. In any case in which an independent audit is made of the accounts of a
sponsor relating to the disposition of the proceeds of a grant or relating to the project in
connection with which the grant was given or used, it shall file a certified copy of such #
audit with the Comptroller General of the United States not later than 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 projects
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 515(c)(1) and (2) of the Airport and Airway
Improvement Act of 1982. 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,
Page 7 of 16
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 by the Secretary, shall be incorporated into this grant agreement. Any
modifications to the approved plans, specifications, and schedules shall also be subject to
approval by the Secretary and incorporation 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 with the plans, specifications, and schedules approved by the Secretary for the
project. It shall subject the construction work on any project contained in the 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 modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
C. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be subject to copyright
in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the Sponsor's
employment of specific consultants and their subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
Page 8 of 16
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 of the part of the
Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all facilities thereon
or connected therewith, with due regard to climatic and flood conditions. Any proposal to
temporarily close the airport for nonaeronautical purposes must first be approved by the
Secretary. 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 any 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.
In furtherance of this assurance, the sponsor will have in effect at all times arrangements
for—
( 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
of circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to the
airport (including established minimum flight altitudes) will be adequately cleared and
protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating
existing airport hazards and by preventing the establishment or creation of future airport
hazards.
Page 9 of 16
21. Compatible Land Use. It will take appropriate action, including the adoption of
zoning laws, to the extent reasonable, 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 the 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 its airport available as an airport for public use on fair and
reasonable terms and without unjust discrimination, to all types, kinds, and classes of
aeronautical uses.
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
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 fair, equal, and not unjustly discriminatory
basis to all users thereof, and.
(2) charge fair, reasonable, and not unjustly discriminatory prices for
each unit or service, provided, that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
C. Each fixed -base operator at any airport owned by the sponsor shall be
subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all
other fixed -base 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 -base 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, nontenant, 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
Page 10 of 16
transportation as are applicable to all such air carriers which make similar use of such
airport and which utilize similar facilities, subject to reasonable classifications such as
tenants or nontenants and signatory carriers and nonsignatory 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 classifications 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 contractors or concessionaires of the
sponsor under these provisions.
h. The sponsor may establish such fair, equal, 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.
L The sponsor may prohibit or limit any given type, kind, or class of
aeronautical use of the airport if such action is necessary for the safe operation of the
airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any persons providing, or intending to provide, aeronautical services to the public. For
purposes of this paragraph, the providing of 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, or at any other airport now owned
Page 11 of 16
' r
or controlled by it, to conduct any aeronautical activities, including, but not limited to
charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services.
sales 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 the Airport and Airway Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent
with Assurance 22 and 23, for the facilities and services being provided the airport users
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 any airport development, airport
planning or noise compatibility project for which a grant is made under 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 base in establishing fees, rates, and
charges for users of that airport.
24. Airport Revenue. If the airport is under the control of a public agency, 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 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 that 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.
26. Reports and Inspections. It will submit to the Secretary such annual or special
financial and operations reports as the Secretary may reasonably request. A report of the
airport budget will be available to the public at reasonable times and places. For airport
development projects, it will also make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations
(Revised 1/93) Page 12 of 16
and other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request. For noise compatibility program projects, it will also
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.
27. Use of 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 movements of Government aircraft multiplied by gross
weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation activities, or
weather - reporting and communication activities related to air traffic control, any areas of
land or water, or estate therein, or rights in buildings of the sponsor as the Secretary
considers necessary or desirable for construction, operation, and maintenance at Federal
expense of space or facilities for such purposes. Such areas or any portion thereof will be
made available as provided herein within four months after receipt of a written request
from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and
proposed additions thereto; (2) the location and nature of all existing and proposed airport
facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars,
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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 plan and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval shall
be evidenced by the signature of a duly authorized representative of the Secretary on the
face of the airport layout plan. The sponsor will not make or permit any changes or
alterations in the airport or in 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 its facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of any federally
owner, 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 any land purchased under a grant for airport noise compatibility
purposes, it will when the land is no longer needed for such purposes, dispose of such land
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 the cost of acquisition of
such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in
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r
the Trust Fund, or (2) be reinvested in an approved noise compatibility project as
prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development (other than
noise compatibility) purposes, 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, (a) upon application to the Secretary, be
reinvested in another eligible airport improvement project or projects approved by the
Secretary at the airport or within the national airport system, or (b) be paid to the
Secretary for deposit in the Trust Fund if no such eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if (a) it may be needed for aeronautical purposes (including runway protection
zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land
contributes to the financial self - sufficiency of the airport. Further, land purchased with a
grant received by an airport operator or owner before December 31, 1987, will be
considered to be needed for airport purposes if the Secretary of the Federal agency making
such grant before December 31, 1987, was notified by the operator or owner of the use of
such land, did not object to such use, and the land continues to be used for that purpose,
such as having commenced not later than December 15, 1989.
C. Disposition of such land under (a) or (b) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land 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 denving fair and equitable market opportunities for products and supplies of the United
States in procurement and construction.
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34. Policies, Standards, and Specifications. It will carry out the project in
accordance with policies, standards, and specifications approved by the Secretary including
but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars for
ALP Projects ", dated and included in this grant, and in accordance with
applicable state policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real
property, to the greatest extent practicable under State law, by the land acquisition policies
in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary
expenses as specified in Subpart B. (2) It will provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocation payments
and assistance to displaced persons as required in Subparts D and E or 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. Drug -Free Workplace. It will provide a drug -free workplace at the site of work
specified in the graett application in accordance with 49 CFR Part 29 by (1) publishing a
statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the sponsor's workplace and
specifying the actions that will be taken against its employees for violation of such
prohibition; (2) establishing a drug -free awareness program to inform its employees about
the dangers of drug abuse in the workplace and any available drug counseling,
rehabilitation, and employees assistance programs; (3) notifying the FAA within ten days
after receiving notice of an employee criminal drug statute conviction for a violation
occurring in the workplace; and (4) making a good faith effort to maintain a drug -free
workplace.
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