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HomeMy WebLinkAboutC07-045 FTA_grant appf' -
Version 7/03
APPLICATION FOR
FEDERAL ASSISTANCE
2. DATE SUBMITTED -
January 31, 2007
Applicant Identifier
I TYPE OF SUBMISSION.
Application
® Construction
❑ Non -Construction
Preapplication
❑ Construction
❑ Non -Construction
3. DATE RECEIVED BY STATE
State Application Identifier
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier
3-08-0020-40
5. APPLICANT INFORMATION
Legal Name:
-Eagle County Regional Airport (EGE)
Organizational Unit: Eagle County Regional Airport
Department
Organc9tional DUNS #084-024447
Division:
Address:
Name and telephone number of person to be contacted on
matters involving this application (give area code)
Street: P. O. BOX 850
Prefix: Mr.
First Name: Rick
city: Eagle
Middle Name: D.
County: Eagle
Last Name: Ullom
state: CO
Zip Code: 81631
suffix: Construction Manager
Country: USA
Email: rick.ullom@eaglecounty.us
6. EMPLOYER IDENTIFICATION NUMBER EIN):
8 4_ 1 13J-0 0 0 —7[--6-"2
Phone number (give area code):
970.328.8780
FAX number (give area code):
970.328.8899
8. TYPE OF APPLICATION:
❑ New ® Continuation ❑ Revision
If Revision, enter appropriate letters) in box(es):
(See back of form for description of letters)
Other (specify)
7. TYPE OF APPLICANT: (See back of form for Application Types)
Other (specify)
9. NAME OF FEDERAL AGENCY
Federal Aviation Administration
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER
F_2r_0_1 _ 1 0 6
TITLE:
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
Grading and Drainage for the Future 7/25 Runway
Extension (Phase 11)
12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.):
Town of Gypsum
Eagle County, Colorado
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF
Start Date
August 2006
Ending Date
August 2007
a. Applicant
10th
b. Project
I 10th
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 EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON
DATE.
b. No. ❑ PROGRAM IS NOT COVERED BY E. O. 12372
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR
REVIEW
a. Federal
$ 5,000,000'uu
b. Applicant
$ 263,158'00
a State
$
d. Local
$ UU
e. Other
$ ou
f. Program income
$
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑Yes If "Yes° attach an explanation ® No
g. TOTAL
$ 5,263,158 uu
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. Authorized Representative
Prefix Mr. First Name Arn
Middle Name M.
Last Name Menc_om
Suffix
b. Title C an, Board of County Commissioners
J. Sign at e prized Representative
`
c. Telephone number (give area code)
970.328.8605
e. Date Signed f Z I
_ f
rrevluu5 tuirrnrrvNoi usaDle
Authorized for Local Reproduction
(Standard Form 424 (Rev 9-2003)
Prescribed by OMB Circular A-102
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
OMB NO. 80-RO184
PART it
PROJECT APPROVAL INFORMATION
SECTION A
Item 1
Does this assistance request require State, local,
regional, or other priority rating? Name of Governing Body
P
❑Yes ®Noriority
Item 2.
Does this assistance request require State, local
advisory, educational or health clearances? Name of Agency or Board
❑Yes ®No (Attach Documentation)
Item 3
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
❑Yes ®No
Item 4
Does this assistance request require State, local,
regional or other planning approval? Name of Approving Agency
[:]Yes ®No Date
Item 5. Check One: State ❑
Is the proposed project covered by an approved Local
comprehensive plan? Regional ❑
®Yes ONO Location of plan Airport Master Plan
Item 6.
Will the assistance requested serve a Federal
installation? Name of Federal Installation
[:]Yes ®No Federal Population benefiting from Project
Item 7
Will the assistance requested be on Federal land
or installation? Name of Federal Installation
[-]Yes ®No Location of Federal Land
Percent of Project
Item 8
Will the assistance requested have an impact or effect
on the environment?
❑Yes ®No
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals
individuals, families, businesses, or farms?
Families
❑Yes ®No
Businesses
Farms
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
❑Yes ®No
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 80-RO184
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:
Most properties in the vicinity of the Eagle County Regional Airport are within the incorporated limits of the Town of
Gypsum. The zoning of the properties includes industrial, commercial, and agricultural properties directly adjacent to the
airport, along with Planned Unit Development (PUD) zoning for areas of the airport operations and facilities on airport
property. There are additional "mixed use" PUD zoning areas adjacent to the airport that include components of
commercial and residential uses.
The areas in the vicinity of the airport that are in unincorporated Eagle County are generally zoned resource or some type
of commercial. The resource zoning designation allows for very low density residential use (1 dwelling per 35 acres)
typically coupled with agricultural use (i.e. ranches).
In both cases of incorporated Town of Gypsum and unincorporated Eagle County, all land development applications for
residential development are reviewed by planning staff and subject to approval by Town or County officials. All proposed
development is reviewed for compatibility of the proposed use(s) relative to the proximity of the use to the airport. Eagle
County is a referral agency for all Town of Gypsum land use applications in the vicinity of the airport, and typically
provides comments suggesting limited or no residential development within one (1) mile in any direction of the runway.
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".-
All
A":
All parcels of land associated with this project are depicted with the 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 t4-76
Page 3a
FAA AC 81-06913
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184
.r-
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.
(a)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 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 ccnPPAI AMAT-1 An KI -DA -1
PART III— BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No .................... 20-106
2. Functional or Other Breakout.. .......... ...... — NA
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or H
1. Administration Expense
$
$
$
2. Preliminary Expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
842,563.00
5. Other architectural engineering fees
6. Project inspection fees
7. Land development
8. Relocation Expenses
9. Relocation payments to individuals and businesses
10. Demolition and removal
11. Construction and project improvement
4,420,595.00
12, Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
5,263,158.00
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
5,263,158.00
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
5,263,158.00
20, Federal Share requested of Line 19
5,000,000.00
21. Add Rehabilitation Grants Requested (100 percent)
22. Total Federal grant requested (Lines 20 & 21)
5,000,000.00
23. Grantee share
263,158.00
24. Other shares
25. Total project (Lines 22, 23, & 24)
5,263,158.00
t -AA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4
U.S. DEPARTMENT OF TRANSPORTATION PPnPPAI Ak-1— Aneu—roA —
F — 1
FAA AC75-023 PAGE
SECTION C - EXCLUSIONS
26
Classification
Ineligible for
Participation
(1}(2)
Excluded from
Contingency Provision
a.
$
$
b..
C.
d.
e.
f.
9.
Totals
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
263,158.00
d. Bonds
e. Tax Levies
f. Non Cash
g .Other (Explain)
h .TOTAL — Grantee share
263,158.00
28.
Other Shares
a. State
b. Other
c. Total Other Shares
29.
TOTAL
$
263,158.00
SECTION E - REMARKS
1.
2.
3.
Exhibit "A" Property Map (attached).
Airport Sponsor Assurances (attached).
Sponsor Certifications (attached).
ran c,,,-,.,
Sinn � PART IV PROGRAM NARRATIVE Attach - See Instructions
F — 1
FAA AC75-023 PAGE
PART IV
PROGRAM NARRATIVE
PROJECT. Grading and Drainage for the Future 7/25 Runway Extension (Phase II)
AIRPORT: Eagle County Regional Airport (EGE
1. Objective:
Runway 7/25 and the parallel Taxiway "A" at the Eagle County Regional Airport are to be extended
1,000 feet on the Runway 25 (East) end of the runway. Currently Runway 7/25 is 8,000 feet in length.
Upon completion of the Runway Extension project, the length of the runway will be increased to 9,000
feet in total length. The runway currently has a 632 foot wide safety area, and the extension will carry
a 500 foot wide runway safety area width. In addition to extending the runway 1,000 feet, an extended
safety area of 1,000 feet beyond the runway threshold will need to be properly graded at the end of the
runway extension. Grading, drainage and infrastructure will be the main components of the project
for 2006-2007.
2. Benefits Anticipated:
The Runway Extension project will have several anticipated benefits for the airport. It will increase
safety measures at the Airport, by adding an additional 1,000 feet in overall length to the runway. The
project will also provide the additional length that will allow aircraft to takeoff and land with
additional payloads, thus generating more revenue for the Airport, and also may generate interest for
additional companies to operate out of the Airport.
3. Approach: (See approved Scope of Work in final Application)
4. Geographic Location:
Eagle County Regional Airport is located adjacent to I-70 and approximately 5 miles east of the Town
of Eagle, just south of Highway 6. The elevation of the airport is currently 6,535 feet above mean sea
level (MSL).
5. Justification for Force Account Work: (if applicable)
N/A
6: Sponsor's Representative: (incl. address & tel. no.)
Rick Ullom
Construction Manager
Eagle County Facilities Management
590 Broadway, P.O. Box 850
Eagle, Colorado 81631
Phone: 970.328.8880
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 I 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 shalt 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:
General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not limited to
the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act — 5 U.S.C. 1501, et seq.'
Airport Assurances (3/2005) 1
e.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et seq."
f
National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C_
470(1).'
¢.
Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.'
h.
Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
sec
i.
Clean Air Act, P.L. 90-148, as amended.
j.
Coastal Zone Management Act, P.L. 93-205, as amended.
k.
Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C.
4012a.'
1.
Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
in,
Rehabilitation Act of 1973 - 29 U.S.C. 794.
n.
Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o.
Age Discrimination Act of 1975 - 42 U.S.C. 6 10 1, et seq.
P.
American Indian Religious Freedom Act, P.L. 95-341, as amended.
q-
Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.'
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 seq.'
t.
Copeland Anti kickback Act - 18 U.S.C. 874.1
U.
National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.'
V.
Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W.
Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.-'
X.
Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
C. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part I - 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).'
Q.41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
Airport Assurances (3/2005) 2
h.
49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.
i.
49 CFR Part 20 - New restrictions on lobbying.
j.
49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k.
49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
1.
49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.i 2
M.
49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n.
49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.i
o.
49 CFR Part 29 — Government wide debarment and suspension (nonprocurement)
and government wide requirements for drug-free workplace
(grants).
P.
49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
q.
49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.i
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b A-133 - Audits of States, Local Governments, and Non -Profit
Organizations
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States
Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in 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
Airport Assurances (3%2005)
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which 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.
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.
For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in the grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of
the property upon which Federal funds have been expended, for the
duration of the terms, conditions, and assurances in the grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of the grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert
in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions,
and assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
Airport Assurances (3x'2005)
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public -use
airport in accordance with these assurances for the duration of these
assurances.
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
Airport Assurances (3!2005)
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at
a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section
44706 of Title 49, United States Code, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of
such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duty 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 tabor (except in executive, administrative, and supervisory positions),
preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in
Section 47112 of Title 49, United States Code. However, this preference shall apply only
where the individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the approved
Airport Assurances (3,/2005)
plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to the plans, specifications, and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as
the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects
a.
It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b.
It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
C,
It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d.
It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e.
It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f.
It will grant the Secretary the right to disapprove the sponsor's employment
of specific consultants and their subcontractors to do all or any part of this
project as well as the right to disapprove the proposed scope and cost of
professional services.
g.
It will grant the Secretary the right to disapprove the use of the 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
Airport Assurances (3/2005) 7
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 -
(I) Operating the airport's aeronautical facilities whenever
required,-
(2)
equired;(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.
Airport Assurances (3/2005) 8
c_ Each fixed -based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed -based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed -based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, fim
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations,
Airport Assurances (3/2005) 9
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 oftheir 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.
Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports
as the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of
the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
Airport Assurances (3/2005) 10
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.
24. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (l) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
Airport Assurances (3/2005) 11
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.
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.
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.
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, ( I ) 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 (3%2005) 12
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.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for program
management, construction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, mapping or related
services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by
the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to
the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated
and included in this grant, and in accordance with applicable state policies, standards,
and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property,
to the greatest extent practicable under State law, by the land acquisition policies in Subpart
B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
specified in Subpart B. (2) It will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable relocation payments and assistance
to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make
available within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport, however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT -assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
`Che Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
Airport Assurances (3/2005) 13
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. 100 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.
Such report shall be due on either February I 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) 14
CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS
Dated: 7/1/05
r
TITLE
70/7460 -land
Chan e 1
Obstruction Marking and Lighting
150/5000-13
Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and
Recommended Requirements for Airport Surface Movement Sensors
150/5070-6A
Airport Master Plans
150/5190-5 and
Change 1
Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities
150/5200-28B
Notices to Airmen (NOTAMS) for Airport Operators
150/5210-513
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7C
Aircraft Fire and Rescue Communications
150/5210-13B
Water Rescue Plans, Facilities, and Equipment
150/5210-14A
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15
Airport Rescue & Firefighting Station Building Design
150/5210-18
Systems for Interactive Training of Airport Personnel
150/5210-19
Driver's Enhanced Vision System (DEVS)
150/5220-413
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10C
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-13B
Runway Surface Condition Sensor Specification Guide
150/5220-16C
Automated Weather Observing Systems for NonFederal Applications
150/5220-17A
and Change 1
Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
150/5220-19
Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20 and
Chan e 1
Airport Snow and Ice Control Equipment
150/5220-21 B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
150/5220-22 and
Chane 1
Engineered Materials Arresting Systems (SMAS) for Aircraft Overruns
150/5300-13 and
Changes 1
through 8
Airport Design
150/5300-14 and
Changes 1 and 2
Design of Aircraft Deicing Facilities
150/5320-513
Airport Drainage
150/5320-6D and
Changes 1
through 3
Airport Pavement Design and Evaluation
150/5320-12C
and Changes 1
through 6
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement
Surfaces
1150/5320-14
Airport Landscaping for Noise Control Purposes
TITLE
150/5320-15 and
Change 1
150/5325-4A and
Change 1
Management of Airport Industrial Waste
Runway Length Requirements for Airport Design
150/5335-5 and
Change 1
Standardized Method of Reporting Pavement Strength PCN
150/5340 -IJ
Standards for Airport Markings
150/5340-5B and
Chan e 1
Segmented Circle Airport Marker System
150/5340-18D
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
150/5345-3E
Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5345-7E
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10E
Specification for Constant Current Regulators Regulator Monitors
150/5345-12C
Specification for Airport and Heliport Beacon
150/5345-13A
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
150/5345-26C
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28F
Precision Approach Path Indicator (PAPI) Systems
150/5345-39B
and Change 1
FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers
150/5345-42D
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and
Accessories
150/5345-43E
Specification for Obstruction Lighting Equipment
150/5345-44G
Specification for Taxiway and Runway Signs
150/5345-45A
Lightweight Approach Light Structure
150/5345-46B
Specification for Runway and Taxiway Light Fixtures
150/5345-47A
Isolation Transformers for Airport Lighting Systems
150/5345-49A
Specification L854, Radio Control Equipment
150/5345-50 and
Chan e 1
Specification for Portable Runway Lights
150/5345-51 and
Change 1
Specification for Discharge -Type Flasher Equipment
150/5345-52
Generic Visual Glideslope Indicators (GVGI)
150/5345-53B
Airport Lighting Equipment Certification Program
150/5345-54A
and Change 1
Specification for L-1884 Power and Control Unit for Land and Hold Short
150/5345-55
Lighted Visual Aid to Indicate Temporary Runway Closure
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-11
Energy Conservation for Airport Buildings
150/5360-12D
Airport Signing & Graphics
TrrLE
150/5360-13 and
Chan e 1
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2E
Operational Safety on Airports During Construction
150/5370-10B
Standards for Specifying Construction of Airports
150/5380-6A
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2B
Heliport Design
150/5390-3
Vertiport Design
150/5395-1
Seaplane Bases
150/5200-30
Airport Winter Safety and Operations
150/5200-33
Hazardous Wildlife Attractants On or Near Airports
150/5300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5370-11
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5370-6
Construction Progress and Inspection Report -Airport Grant Program
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
Dated: 7/1/05
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Dated: 7/1/05
TITLE
150/5100-14C
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
150/5100-15A
Civil Rights Requirements For The Airport Improvement Program
150/5100-17 and
Changes 1
through 4
Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted
Projects
150/5190-5 and
Chan e 1
Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities
150/5200-30A
and Changes 1
through 8
Airport Winter Safety and Operations
150/5200-33A
Hazardous Wildlife Attractants on or Near Airports
150/5300-15
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5360-11
Energy Conservation for Airport Buildings
150/5370-613
Construction Progress and Inspection Report—Airport Grant Program
150/5370-11A
Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5370-13
Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5380-7
Pavement Management System
150/5380-8
Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Dated: 7/1/05
150/5000-12
Announcement of Availability—Passenger Facility Charge (PFC) Application (FAA Form
5500-1)
STANDARD DOT TITLE VI ASSURANCES
Eagle County Regional Airport (EGE) (hereinafter referred to as the Sponsor) hereby agrees
that as a condition to receiving Federal financial assistance from the Department of
Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) and all requirements imposed by 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 (hereinafter referred to as the "Regulations") to the end that no person in the
United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the applicant receives Federal financial assistance and will
immediately take any measures necessary to effectuate this agreement. Without limiting the
above general assurance, the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be
conducted or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act
and the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an
interest in real property, the assurance shall extend to rights to space on, over, or under such
property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a
covenant running with the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial
assistance under this project; and
(b) for the construction or use of or access to space on, over, or under real property acquired
or improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial assistance
is extended to the program, except where the 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.
7. It will provide for such methods of administration for the program as are found by the
Secretary of transportation of the official to whom he delegates specific authority to give
reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors,
transferees, successors in interest, and other participants of Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the act, the Regulations,
and this assurance.
S. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal
financial assistance for this Project and is binding on its contractors, the Sponsor,
subcontractors, transferees, successors in interest and other participants in the Project. The
person or persons whose signatures appear below are authorized to sign this assurance on behalf
of the Sponsor.
DATED I I k�
Eagle County Regional Airport (EGE)
(Sponsor)
— r(- I -
ature of Authorized Official)
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter,
"DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. the contractor shall not
participate either directly of indirectly in the discrimination prohibited by section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Includine Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or lease of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or
national origin.
4. Information and Reports. The contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Sponsor or the
Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a contract is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor
or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or
the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies,
and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through
5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by
the Regulations or directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event
a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the contractor may request the Sponsor to enter into such litigation to protect
the interests of the sponsor and, in addition, the contractor may request the United States to enter into
such litigation to protect the interest of the United States.
CLAUSES FOR DEEDS, LICENSES, LEASES PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar
instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and
5(b).
1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and
leases add "as a covenant running with the land") that in the event facilities are
constructed, maintained, or otherwise operated on the said property described
in this (deed, license, lease, permit, etc.) for a purpose for which a DOT
program or activity is extended or for another purpose involving the provision
of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall
maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation, and as said
Regulations may be amended.
2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his
heirs, personal representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree (in the case of deeds
and leases add "as a covenant running with the land") that: (1) no person on
the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over, or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the
premises in compliance with all other requirements imposed by or pursuant to
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
REQUIRED STATEMENTS
AIRPORT IMPROVEMENT PROGRAM PROJECTS
AIRPORT: Eagle County Regional Airport (EGE)
LOCATION: Gypsum, Colorado
AIP PROJECT NO.: 3-05-0020-40
STATEMENTS APPLICABLE TO THIS PROJECT:
® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been
given to the interest of communities that are near (Exact name of airport)Eagle County Regional Airport.
® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned
land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or
Local jurisdiction.
®
C. FBO COORDINATION: The airport development proposed in this project has been coordinated with the
Fixed Base Operator(s) utilizing (Exact name of airport) Eagle Countyegional Airport, and they have been
informed regarding the scope and nature of this project.
® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding
the airport.
The above stat en s have been duly considered and are applicable to this project. (Provide comment for any statement not checked).
BY: DATE:
BY/TITLE: Am M. Menconi, Chairman, Board of County Commissioners
SPONSORING AGENCY: Eagle County Regional Airport (EGE)
NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed
revision, the following specific information concerning the opposition to the project must be furnished.
a. Identification of the Federal, state, or local governmental agency, or the person or
persons opposing the project;
b. The nature and basis of opposition;
C. Sponsor's plan to accommodate or otherwise satisfy the opposition;
d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an
analysis of the facts developed at the hearing as they relate to the social, economic,
and environmental aspects of the proposed project and its consistency with the
goals and objectives of such urban planning as has been carried out by the
community.
e. If the opponents proposed any alternatives, what these alternatives were and the reason
for nonacceptance;
f. Sponsor's plans, if any, to minimize any adverse effects of the project;
g. Benefits to be gained by the proposed development; and
h. Any other pertinent information which would be of assistance in determining whether to
proceed with the project.
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 this 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 Ianguage 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 subrecipents 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 not less
than $10,000 t more than $100,000 for each such failure.
Signed Date
Sponsor's Authorized Representative
Title Chairman, Board of County Commissioners
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Alternate I. (Grantees Other Than Individuals)
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about -
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of
the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after such
conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice
under paragraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title, to
every grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
notices. Notices shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under paragraph (d)(2), with respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f),
B. The grantee may insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
0219 Elden Wilson Road
Gypsum, CO 81637
Check ❑ if there are workplaces on file that are not identified here.
Signature of
official
Chairman, Board of County Commissioners
Title
,-YI I -->,- to?
Date
TITLE VI PRE -AWARD SPONSOR CHECKLIST
Airport/Sponsor: Eagle County Regional Airport (EGE)
AIP #: 3-08-0020-40
Project Description(s): Grading and Drainage for the Future 7/25 Runway Extension (Phase II)
1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s)
and the conclusions made; EIS data concerning the race, color, or national origin of the affected community;
steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or
national origin.
® None
2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor.
Include a summary of the findings.
® None (If "None", continue with questions 3 and 4).
3) Please list any current applications for federal funding (other than FAA) of airport related projects which
exceed the amount for this grant.
® None
4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two
years. Include who conducted the review and any findings of noncompliance.
® None
To be completed by the Civil Rights Staff
Review completed and approved:
Signature
Bate:
This checklist is only required for projects that involve one of the following: Environmental Assessment or
Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of
person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures
or lands of any indigenous or ethnic population.
Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW;
Renton, WA 98055-4056. FAX: (425) 227-1009 Phone (425) 227-2009
For more Title VI information visit the Civil Rights website at
http://www.nw.faa.gov/civilrights/home.htm
Eagle County, Colorado
(Sponsor)
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
Eagle County Regional Airport
(Airport)
Grading and Drainage for the Future Runway 7/25 Extension (Phase II)
(Work Description)
AIP No. 3-08-0020-40
(Project Number)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). General standards for selection of consultant services
within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36.
Sponsors may use other qualifications -based procedures provided they are equivalent to specific
standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and
Planning Consultant Services for Airport Grant Projects.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for
this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor
from fully complying with all applicable statutory and administrative standard.
Yes No N/A
1. Solicitations were (will be) made to ensure fair and open competition from
a wide area of interest.
2. Consultants were (will be) selected using competitive procedures based
Page 1 of 10
on qualifications, experience, and disadvantaged enterprise requirements
F] ❑
with the fees determined through negotiations.
3.
A record of negotiations has been (will bei prepared reflecting
considerations involved in the establishment of fees, which are not
® F] ❑
significantly above the sponsor's independent cost estimate.
4.
If engineering or other services are to be performed by sponsor force
account personnel, prior approval was (will be) obtained from the FAA.
5.
The consultant services contracts clearly establish (will establish) the
scope of work and delineate the division of responsibilities between all
parties engaged in carrying out elements of the project.
6.
Costs associated with work ineligible for AIP funding are (will be) clearly
identified and separated from eligible items in solicitations, contracts, and
® 1-1 El
related project documents.
7.
Mandatory contact provisions for grant -assisted contracts have been (will
b) included in consultant services contracts.
8.
The cost -plus -percentage -of -cost methods of contracting prohibited under
Federal standards were (will not be) used.
9.
If the services being procured cover more than the single grant project
referenced in this certification, the scope of work was (will be) specifically
El El
described in the advertisement, and future work will not be initiated
beyond five years.
Page 1 of 10
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have prepared documentation attached hereto for any item marked "no" that is correct and complete.
Eagle County, Colora
(Signature of Spo or'sslgnated Official Representative)
Arn M. Menconi
(Typed Name of Sponsor's Designated Official Representative)
Chairman, Board of County Commissioners
(Typed Title of Sponsor's Design ted Oficial Representative)
_
_.......... ��
(Date)
Page 2 of 10
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
PROJECT PLANS AND SPECIFICATIONS
Eagle County, Colorado Eagle County Regional Airport AIP No. 3-08-0020-40
(Sponsor) (Airport) (Project Number)
Grading and Drainage for the Future Runway 7/25 Extension (Phase II)
(Work Description)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory
Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15,
Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport
Improvement Program Grant Assurance One --General Federal Requirements. A list of current advisory
circulars with specific standards for design or construction of airports as well as procurement/installation
of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in
the grant agreement.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for
this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor
from fully complying with all applicable statutory and administrative standards.
Yes No N/A
1.
The plans and specifications were (will be) prepared in accordance with
applicable Federal standards and requirements, so no deviation or
® El ❑
modification to standards set forth in the advisory circulars, or State
standard, is necessary other than those previously approved by the FAA.
2.
Specifications for the procurement of equipment are not (will not be)
proprietary or written so as to restrict competition. At least two
❑ ❑
manufacturers can meet the specification.
3.
The development included (to bei) in the plans is depicted on the
® ❑ ❑
airport layout plan approved by the FAA.
4.
Development that is ineligible for AIP funding has been (411 be) omitted
® ❑ ❑
from the plans and specifications.
5.
The process control and acceptance tests required for the project by
standards contained in Advisory Circular 150/5370-10 are (will be)
❑ ❑ ❑
included in the project specifications.
6.
If a value engineering clause is incorporated into the contract,
® El El
was (will be) obtained from the FAA.
7.
The plans and specifications iRseFP9rate (will incorporate) applicable
requirements and recommendations set forth in the Federally approved
environmental finding.
® ❑ ❑
Page 3 of 10
Yes No N/A
8. For construction activities within or near aircraft operational areas, the
a requirements contained in Advisory Circular 150/5370-2 have been (w+11 ® ❑ ❑
be) discussed with the FAA as well as incorporated into the specifications,
and a safety/phasing plan has FAA's concurrence, if required.
9. The project was (will be) physically completed without Federal
participation in costs due to errors and omissions in the plans and ® ❑ ❑
specifications that were foreseeable at the time of project design.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have prepared documentation attached hereto for any item marked "no" that is correct and complete.
Eagle County, Qo4Qrado
e of S onsor
r
(Signature o sor's Designated Official Representative)
Am M. Menconi
(Typed Name of Sponsor's Designated Official Representative)
Chairman, Board of County Commissioners
(Typed Title of Sponsor's Designatf d Offici l Representative)
tt
(Date)
Page 4 of 10
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
EQUIPMENT/CONSTRUCTION CONTRACTS
Eagle County, Colorado Eagle County Regional Airport AIP No. 3-08-0020-40
(Sponsor) (Airport) (Project Number)
Grading and Drainage for the Future Runway 7/25 Extension (Phase II)
(Work Description)
Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). General standards for equipment and construction contracts
within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36.
AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for
the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement
Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal
Requirements. Sponsors may use State and local procedures provided procurements conform to these
Federal standards.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1. A code or standard of conduct is (will be) in effect governing the
performance of the sponsor's officers, employees, or agents in soliciting ® ❑ ❑
and awarding procurement contracts.
2. Qualified personnel are (will be) engaged to perform contract
administration, engineering supervision, construction inspection, and ® ❑ ❑
testing.
3. The procurement was (will be) publicly advertised using the competitive ® El El
bid method of procurement.
4. The bid solicitation clearly and accurately describes (will deSGribe):
a. The current Federal wage rate determination for all construction
projects, and ® ❑ ❑
b. All other requirements of the equipment and/or services to be
provided.
5. Concurrence was (will be) obtained from FAA prior to contract award
under any of the following circumstances:
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest responsible
bidder, ® ❑ ❑
c. Life cycle costing is a factor in selecting the lowest responsive bidder,
or
d. Proposed contract prices are more than 10 percent over the
sponsor's cost estimate.
Page 5 of 10
.........................................................................................................................................................................
Yes No N/A
6. All contracts exceeding $100,000 require the following
provisions:
a. A bid guarantee of 5 percent, a performance bond of 100 percent,
and a payment bond of 100 percent;
b. Conditions specifying administrative, contractual, and legal remedies,
® ❑ ❑
including contract termination, for those instances in which
contractors violate or breach contact terms; and
c. Compliance with applicable standards and requirements issued under
Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of
the Clean Water Act (33 USC 1368), and Executive Order 11738.
7. All construction contracts contain Provisions for:
a. Compliance with the Copeland "Anti -Kick Back" Act, and
b. Preference given in the employment of labor (except in executive,
® ❑ ❑
administrative, and supervisory positions) to honorably discharged
Vietnam era veterans and disabled veterans.
8. All construction contracts exceeding $2,000 contain (well seRta!R) the
following provisions.-
rovisions:a.
a.Compliance with the Davis -Bacon Act based on the current Federal
® El El
rate determination; and
b. Compliance with the Contract Work Hours and Safety Standards Act
(40 USC 327-330), Sections 103 and 107.
9. All construction contracts exceeding $10,000 contain (will )
appropriate clauses from 41 CFR Part 60 for compliance with Executive
® ❑ ❑
Orders 11246 and 11375 on Equal Employment Opportunity.
10. All contracts and subcontracts contain (will seatain) clauses required from
Title VI of the Civil Rights Act and 49 CFR 23 and 49 CFR 26 for
® ❑ ❑
Disadvantaged Business Enterprises.
11. Appropriate checks have been (will be) made to assure that contracts or
subcontracts are not awarded to those individuals or firms suspended,
debarred, or voluntarily excluded from doing business with any U.S.
® ❑ ❑
Department of Transportation (DOT) element and appearing on the DOT
Unified List.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
Eagle Coun , Col rado
11 _ ._
ame of Sponsor)
e
(Signature 0`3 nsor's Designated Official Representative)
Am M. Menconi
(Typed Name of Sponsor's Designated Official Representative)
Chairman, Board of County Commissioners
(Typed Title of Sponsor's Design ted O cial Representative)
�--
Page 6 of 10
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
CONSTRUCTION PROJECT FINAL ACCEPTANCE
Eagle County, Colorado Eagle County Regional Airport AIP No. 3-08-0020-40
(Sponsor) (Airport) (Project Number)
Grading and Drainage for the Future Runway 7/25 Extension (Phase II)
(Work Description)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program. General standards for final acceptance and close out of federally funded
construction projects are in Title 49, Code of Federal Regulations, Part 18.50. The sponsor shall determine
that project costs are accurate and proper in accordance with specific requirements of the grant agreement
and contract documents.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1. The personnel engaged in project administration, engineering supervision,
construction inspection and testing were (will be) determined to be qualified ® El El
as well as competent to perform the work.
2. Daily construction records were (will be) kept by the resident
engineer/construction inspector as follows:
a. Work in progress,
b. Quality and quantity of materials delivered,
c. Test locations and results,
d. Instructions provided the contractor, ® El
e. Weather conditions,
f. Equipment use,
g. Labor requirements,
h. Safety problems, and
L Changes required.
3. Weekly payroll records and statements of compliance were (will be) submitted
by the prime contractor and reviewed by the sponsor for Federal labor and
civil rights requirements (Advisory Circulars 150/5100-6 and 150/5100-15).
4. Complaints regarding the mandated Federal provisions set forth in the
contract documents have (will be) submitted to the FAA.
5. All tests specified in the plans and specifications were (will be) performed and
the test results documented as well as made available to the FAA.
6. For any test results outside of allowable tolerances, appropriate corrective
El
El
actions were (will be) taken.
Page 7 of 10
Yes No N/A
7. Payments to the contractor were (will be) made in compliance with contract
provisions as follows:
a. Payments are verified by the sponsor's internal audit of contract records
kept by the resident engineer, and El F1 El
b. If appropriate, pay reduction factors required by the specifications are
applied in computing final payments and a summary of pay reductions
made available to the FAA.
8. The project was (will be) accomplished without significant deviations,
changes, or modifications from the approved plans and specifications, except F
where approval F-1 El
is obtained from the FAA.
9. A final project inspection was (will be) conducted with representatives of the
sponsor and the contractor and project files contain documentation of the final
inspection.
10. Work in the grant agreement was (will be) physically completed and corrective
actions required as a result of the final inspection is completed to the
satisfaction of the sponsor.
11. If applicable, the as -built plans, an equipment inventory, and a revised airport
layout plan have been (will be) submitted to the FAA.
VA
12. Applicable close out financial reports have been (will be) submitted to the
®
❑
FAA.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
Eagle County, C91orado
of Sponsor)
(Signature of Sp s 75esignated Official Representative)
Am M. Menconi
(Typed Name of Sponsor's Designated Official Representative)
Chairman, Board of County Commissioners
(Typed Title of Sponsor's Designate Official Representative)
(Date)
Page 8 of 10
Eagle County, Colorado
(Sponsor)
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
DRUG-FREE WORKPLACE
Eagle County Regional Airport
(Airport)
Grading and Drainage for the Future Runway 7/25 Extension (Phase ll)
(Work Description)
AIP No. 3-08-0020-40
(Project Number)
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). General requirements on the drug-free workplace within Federal
grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to
certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The
AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
1. A statement has been (will be) published notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the sponsor's workplace, and specifying
the actions to be taken against employees for violation of such prohibition.
2. An ongoing drug-free awareness program has been (will be)
established to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance
programs; and
d. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
3. Each employee to be engaged in the performance of the work has been {will
be} given a copy of the statement required within item 1 above.
4. Employees have been (will be) notified in the statement required by item 1
above that, as a condition employment under the grant, the employee will:
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five
calendar days after such conviction.
Yes No N/A
U
® ❑
❑ ❑
® ❑
❑E
5. The FAA will be notified in writing within ten calendar days after receiving
notice under item 4b above from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide ® ❑ ❑
notice, including position title of the employee, to the FAA. Notices shall
include the project number of each affected grant.
Page 9 of 10
Yes No N/A
4 „ 6. One of the following actions will be taken within 30 calendar days of receiving
a notice under item 4b above with respect to any employee who is so
convicted:
a. Take appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
b. Require such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency.
7. A good faith effort will be made to continue to maintain a drug-free workplace ® ❑
through implementation of items 1 through 6 above.
I have prepared documentation attached hereto with site(s) for performance of work (street address, city,
county, state, zip code). There are no such workplaces that are not identified in the attachment. I have
prepared additional documentation for any above items marked "no" and attached it hereto. I certify that,
for the project identified herein, responses to the forgoing items are accurate as marked and attachments
are correct and complete.
Eagle County, Colora
(N of sor)
1
(Signature of Sponsor's signated Official Representative)
Am M. Menconi
(Typed Name of Sponsor's Designated Official Representative)
Chairman, Board of County Commissioners
(Typed Title of Sponsor's Designated]O/ffif ial Re resentative)
(Date)
Page 10 of 10
APP.
A/RPoRT Q4TA
Carmrt-Sur"ss
707 17th Street, Suite 2300 lenver, Colorado
R40E (303) 920-6246 FAX (30) 670-4619
EAGLE COUNTY
REGIONAL AIRPORT
EAGLE, COLORADO
EXHIBIT "A"
TO ACCOMPANY A.I.P. PROJECT NO. 3-08-0020-40
DATE JANUARY 31, 2007 ( EGE-EXA-CB
AbPPORT PARCEL MTi4
E
PARCEL I LWFREST ACAr4CE RTCOADW /NR7 MT
OWD
S'`?"
FEE SIMPLE
111.23 AC.
BOOK 122 PAGE 356
12/13/43
W
p
FEE SIMPLE 33.77 AC. BOOK 131 PAGE 115 5/22/46
OLSM
FEE SIMPLE
3.00 AC.
BOOK 161 PAGE 39
3/2/64
SCHWO
_4
FEE FEE SIMPLE
0.63 AC.
BOOK 3% PACE 49
3/25/63
IFo
SCHMIO p
EASf11E1R
2.24 AC.
BOOK 356 PAGE 47
3/25/83
SCHMID w
FEE SIMPLE
59.39 AC.
BOOK 433 PAGE 775
1/6/86
7
FEE SIMPLE
73.53 AC.
BOOK 341 PAGE 390
6/4/62
W
'
FEE SIMPLE
6.01 AC.
BOOK 320 PAGE 74
3/12/61
90
FEE SIDLE
32.95 AC.
BOOK 379 PAGE 520
2/26/64
THOIMA:
FEE SIMPLE
16.92 AC.
BOOK 379 PAGE 520
2/26/54
10. :
FEE SIDLE
—Fmlwr6.33
3.48 AC.*
BOOK 379 PAGE 520PAROL.
2,26,64
,HOMA:6.
tOb
AC.!
___
4/13/94
AIPOR
119
FEE SIDLE
56.20 AC.2
BOOK 402 PAGE 685
12/21/54
SCHMID
116 :
FEE SIMPLE
77.16 AC.t
BOOK 402 PAGE 665
12/21/64
SCHMID
11c
I Id
0.52 AC.!
0.37 AC.i
---
---
4/13/94
4/13/94
A*WW
AIRPOR
FEE SIDLE
13.09 AC.
BOOK 402 PAGE 665
12/21/54
SCHMID
12It
FEE SIMPLE
9.30 K.
BOOK 402 PACE 665
12/21/84
SCHMID
.130
FEE SIDLE
1.17 AC.*
BOOK 402 PAGE 88.5
12/21/64
SCHMID TO THE GREATEST
D.46 Ar-*
--_
4/13/94
'G OR DESIGN.
AIIPORDEPARIMEHT
3�Nh�:
FEE SIDLE
4.52 AC.t
BDOK 402 PAGE 665
12/21/54
SCHMOW
5,55 AC.*
---
4/13/94
AIMPOT
159
FEE SIMPLE
0.95 AC.!
9" 433 PAGE 164
4/1/85
DELATTI
0A7 AC.*
---
4/13/94 1
MRPOR
"E=A—SEMEWr
23.87 AC,
BOO( 407 PAGE 814
3/8/65
0.17 AC.
BOOL 441 PAGE 46
S/2/m
u,.l
APP.
A/RPoRT Q4TA
Carmrt-Sur"ss
707 17th Street, Suite 2300 lenver, Colorado
R40E (303) 920-6246 FAX (30) 670-4619
EAGLE COUNTY
REGIONAL AIRPORT
EAGLE, COLORADO
EXHIBIT "A"
TO ACCOMPANY A.I.P. PROJECT NO. 3-08-0020-40
DATE JANUARY 31, 2007 ( EGE-EXA-CB