HomeMy WebLinkAboutResolution - 4872 - Grant Agreement - DOT, FAA - LIA Improvements - 06_22_1995Resolution No. 4872
June 22, 1995
Item #10
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Grant Agreement and any related documents
with the United States of America, Department of Transportation, Federal Aviation
Administration, for Lubbock International Airport improvements consisting of paving runway
8/26 shoulders, reconstructing runway 26 blast pad, and increasing ARFF station driveway
turning radius, which Agreement is attached hereto and shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
&d,- kk Q��L
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
M arle, Aviation Manager
APPROVED AS TO FORM:
arold Willard, Assistant City Attorney
HW:da
ccdocsAiaimprv.res
June 7, 1995
File Co
Py
COW GRANT AGREEMENT
U.S. Department
of Transportation
FOR DEVELOPMENT PROJECT
Federal Aviation
Administration
PART I -OFFER
Date of Offer: JUN 0 6 1995
Resolution No.
June 22, 1995
Item #10
Project No. 3-48-0138-15-95
Airport: LUBBOCK INTERNATIONAL AIRPORT Contract No. DOT FA 95 SW-8219
TO: THE CITY OF LUBBOCK, TEXAS
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein referred
to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for
Federal Assistance) dated MAY 31, 1995, for a grant of Federal funds for a project for development of the
LUBBOCK INTERNATIONAL AIRPORT (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby
incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project")
consisting of the following -described airport development:
PAVE RUNWAY 8/26 SHOULDERS; RECONSTRUCT RUNWAY 26 BLAST
PAD; INCREASE ARFF STATION DRIVEWAY TURNING RADIUS
all as more particularly described in the property map and plans and specifications incorporated in the said
Application for Federal Assistance.
WHEREAS, this project will not be completed during Fiscal Year 1995 and the total estimated cost of
completion will be approximately $1,440,532, of which the Federal share is $1,296,479.
FAA Form 5100-37 (10-89) Development or Noise Program Page 1 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49,
United States Code, herein called "Title 49 U.S.C.," and in consideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contained in said Project Application and its acceptance of
this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
The maximum obligation of the United States payable under this offer shall be $1,281,851.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to
allowability under Title 49 U.S.C.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will
be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer
has been accepted by the sponsor on or before 30 days after the date of this offer or such subsequent date as may be prescribed
in writing by the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or
in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means funds; however, used or disbursed by the
sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share,
including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be
incident to, compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
10. The property map referred to on Page I of this Grant Agreement is the Property Map, Exhibit "A", attached to the
Application for Federal Assistance attached hereto.
FAA Forth 5100-37 (10-89) Development or Noise Program Page 2 of 5 Pages
11. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount
exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be
unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible
project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent
limitation or 25 percent of the total increase in allowable project costs attributable to the acquisition of land or interests in
land, whichever is greater, and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned
letters, the maximum obligation of the United States is adjusted to the amount specified.
12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only as and
when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure
to adhere to this provision may cause the letter of credit to be revoked.
13. The Sponsor agrees to perform the following, if this project contains more than $250,000 of paving:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and
procedures to be used to comply with the quality control provisions of the construction contract, including, but not
limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a
minimum:
I. The name of the person representing the sponsor who has overall responsibility for contract administration for the
project and the authority to take necessary actions to comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project,
together with a description of the services to be provided.
3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and
Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the
method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of
test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that
the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed,
highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay
reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report
shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any
compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of
the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of
required tests not performed or not documented and will be commensurate with the proportion of applicable pavement
with respect to the total pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if
such independent tests determine that sponsor test results are inaccurate.
14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as AIP
Project No. 3-48-0138-15-95; City of Lubbock Bid No. 13268; City of Lubbock Project No. 9980.8304.
FAA Form 5100-37 (10-89) Development or Noise Program Page 3 of 5 Pages
15. The Sponsor agrees that all net revenue produced from real property purchased in part with Federal funds in this grant shall
be used on the airport for airport planning, development, or operating expenses, except that all income from real property
purchased for noise compatibility purposes or for future aeronautical use as indicated on Exhibit "A" for this grant shall be used
only to fund projects which would be eligible for grants under the Airport and Airway Improvement Act of 1982. Income from
noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting
records shall clearly identify actual sources and uses of these funds.
16. The maximum obligation for the current fiscal year stated in Condition 1 of this agreement may be increased by the
additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United State's
share of the total estimated cost of completion, except as provided in Section 47108(b) of Title 49 U.S.C. Under Section 47108(a)
of Title 49 U.S.C. and at the sponsor's request, the FAA commits the United States to obligate an additional amount to this project
for payment of its share of the cost, in accordance with the terms hereof. This additional amount will include all or part of the
funds apportioned to the sponsor for FY 1996 under Section 47114(c)(1)(A) of Title 49 U.S.C., subject to the restriction on the use
of such apportionments now or hereafter imposed on FAA by Appropriations Acts now or hereafter enacted, or by any other
statute or regulation. It is further understood by the parties that this commitment does not in itself obligate, preclude, or restrict
the FAA in the use of any funds made available for discretionary use under Sections 47114, 47115 and 47116 of Title 49 U.S.C. to
further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. The exact
amount of this commitment will be established for each fiscal year by the FAA in a letter to the sponsor stating the current
maximum obligation for this project. This letter will be issued to the sponsor by FAA when such computation and obligation can
be made in FY 1996. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into, and
part of, this agreement.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the
contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of
the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement
shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
AASI-�Q
Otis T. Welch, MaAager
Texas Airport Development Office
FAA Form 5100-37 (10-89) Development or Noise Program Page 4 of 5 Pages
PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Project Application.
Executed this 22nd
(SEAL)
day of
June 19 95
Title:
Attest:
Betty M. John on
Title: City Secretary
Mayor
CERTIFICATE OF SPONSOR'S ATTORNEY
I Harold Willard
acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Texas. Further, I have examined the foregoing Grant Agreement and the actions taken
by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and Title 49 U.S.C. In addition, for grants involving projects to be
carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full
performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and
binding obligation of the Sponsor in accordance with the terms thereof.
Dated at Lubbock, Texas
Approved to Content:
7
Mar arle
Aviation Manager
this 22nd day of
June
/Y
(Signature of Sponsor's Attorney)
Approved as to Form:
9 �k 2
fidrold Willard
Assistant City Attorney
, 19 95
FAA Form 5100-37 (10-89) Development or Noise Program Page 5 of 5 Pages
011AII Approval No. OIM-0043
AI'eLII.A I IUN 1-UH
2. DArIE IU"rrTEo
�"�` "`
FEDERAL ASSISTANCE
June 1, 1995
9980.8304
t. TYt►E Of WSWIsslON:
]. t?ATE RiC[IYED ar STATE
State Apyicatartibentrlw
A,opd,cAr,on Prsaopr,cAhon
COnetructron ❑ Construclion
4. DArl RECEIVED eY /ED(JRAL AQENCY
Federal k$entif r
❑ Non-Ger+st"""°" ' ❑ Non-Ganstruclion
AIP 3-48-0138-15-95
1. A►KIC..NT W"MATION
Legal Name
Organwtronal Urvt:
City of Lubbock, Texas
Lubbock International Airport
AWreae (gyve city. county, tan, and up code)
Nam. and Wephone number of ttr person to be contacted an "Utters rrMMr%g
Route 3, Box 389
n,u &PV"t*n (give area =do)
Lubbock County
Mark Earle
Lubbock, Texas 79401
Aviation Manager
(806) 767-3126
R cIeKOYER gtXTIFICAnoN mvuuR IvN)'
T. rfP t Or APPLICANT. (anal apprvorial+ IeMer in Dor) C
7 5 6 0 0 0 5 9 0
A. State M idep'rdent q.f ..l D,st.
9 county I. State Gont;04d rtsuhAm of ►igr,e. Learning
C. MiniciDd J. Privets University
t. TYPE Of APPLICATKft
D. To:mstip K kdim Tribe
® New ❑ contrAnnon ❑ Revision
E Interstate L. kdniduel
❑ ❑
F. Intarmuncipal 1J Profit Organization
a Ravi m enter ap; ; iaa letter(s) in box("):
0. soecw Dint It Oa1er (Specrty)_
A krrem Awwd S. Oeaeiae Award C. k1[reeae ourstion
0. oe=om Duration Otrw (specify)'
a. NAMI OF FEDERAL AGKNCY.
Federal Aviation Administration
1` CAA T LOO Of
N «tRAL °OVA 2 0 1 0 6
tt. MCRIPTI"E TITLE OF APIPUCANT11 neodtcT:
f .
TR1.E
Construct bituminous runway and taxiway
Airport Improvement Program
shoulder pavement, reconstruct bituminous
blast pad pavement, construct concrete drive
1L Aft" Af/ECTEDtv►ROJECT (ciao,, eounoeS. Sates. SIC.):
pavement.
City of Lubbock, Lubbock
County, Texas
1s. 10110from MIO.IECT:
14. CONOREU)ONAL DMTRPM OF.
&AM Date
Ending Date
a Applicant : D. Pro"Cl
7-95
11-95
19 19
11. EST1sLATLD FVkDWO:
19. K A►►LIU,TION tULJECT TO R"r* by STATE VaCUrrn ORD" 123T2 ►%0CnS'?
EVI fro THE
a. YES s A EXEaIS �TOR APP12372 OII SS ALE " REVIEW
a. Fi°"
f 1,296,479 00
DATE
D NO. ® PSi00RW Z NOT COVV%M iY EO. 12372
Oil ►p4GRA11 FINS NOT KEN SELECTED IIY STATE FOR REVIEW
D. Apvk w"
= 144,053 A0
C State
i .W
d Local
i 00
e Omer
i 00
I- program kcara
1 .00
1 T. K TN11 APPLICANT OELr1WVa ON ASP/ ►5DVtAL txtm
. Ylla • X 'Yes.' otach on 00anat+on. ® NO
Q TOTAL
= 1,440,532 -�
IL TO TM KV O/ aW KNOs UMU APO UL18 *. ALL DATA Of TNtt APPt.1CAT10K" AppLCAn0N Mt T" AND OOAMCT, T14 DOCIrNFW 1(AS SUN OULY
AUTHOR= BY TM 00MMINO SOOY OF THE APPLICANT ANO THE A/KJCAXT WjLL ColdpLT IMtT11 THE ATTALIND AtiURANM 11 TWO Att'TTAMCIE It A*AROED
a. Typed None of Autt4nzod Representative
D Tnw
c Telrpt+one number
Mark Earle
Aviation Manager
06 -3126
d +lure or taw.
. Date S.gned
May 31, 1995
�evroua taryxA Not Usatlle
Authorized for Local Renrnrillrtinn
PTSUnDed tyy OUB Grc..tj, o t'-2
DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION
OMB No. eo-porea
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes X No
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Name of Governing Body
Priority Rating
Name of Agency or
Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
Yes X No
Item 4.
Does this assistance request require State, local, Nome of Approving Agency
regional or other planning approval? Date
Yes X No
Item 5.
Is the proposed project covered by an approved Check one: State
comprehensive pion? Local X'
Regional
X Yes No Location of plan Airport Master Plan
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Yes X No Federal Population benefiting from Project
Item %.
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land_
Yes X No Percent of Project
Item 8.
Will the assistance requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes X No
Item 9.
Will the assistance requested cause the displacement of
individuals families, businesses, or farms?
Yes
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
Number of:
Individual s
Families
Businesses
No Farms
See instructions for additional information to be
provided.
Yes X No
FAA Form 51Q0-100 (6-73) SUPERSEDES FAA FORM SI00-10 PAGES 1 THRU 7 Page 2
DEPARTMENT OF TZANSPORTATION — FEDERAL AVIATION ADMINISTRATICN Jh18 NQ;.
PART II - SECTION C (SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use, —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
Height hazard zoning
2. Defaults. —The Sponsor is not in default on any obligation to the United States or any agency of the united States Govern-
ment 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 lease:, 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 cam out and complete the Project or cam- out the
provisions of Part V of this Application, either by limiting its legal or financial abilih or otherwise, except as follows:
None
4. Land. --(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests,
all of which areas are identified on the property map designated as Exhibit "A"
See attached Exhibit A.
'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adrerse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here br the
area numbers shown on the property map.
FAA Form 5100-100 (4-76) gage 3a
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.04-RO209
PART 11 - SECTION C (Continued)
The Sponsor further certifies that the above i= based on a title examination by a qualified attornev or title company and that
such attorney or title compare ha= determined that the Spon-or hold> the above property interests.
(b) The Sponsor will acquire within a rea=onable time. but in am etent prior to the start of anv construction work under
the Project. the following profoertx interest in the follouinr, area.< of land" on which such construction wort, is to be performed.
all of which area= are identified on the aforementioned propert} map designated a; Exhibit "A":
N/A
(c) The Spon-or Will acquire within a rea-onable time, and if fea>ible prior to the completion of all construction work under
the Project, the following propert- interest in the following area- of land` which are to be dc%eloped or used as part of or in
connection with the .airport as it will he upon completion of the Project. all of which area= are identified on the aforementioned
property map designated a= Exhibit —A..:
N/A
5. Exclusive Rights. —There is no ant of an exclu=i%c rivht for the conduct of an% aeronautical actiNitN at any airport oHned
or controlled by the `ponsor except a= follv�+
None
*State character of propertN• interest in each area and list and identhf� for each all exceptions, encumbrances. and adverse rntrreso
Of every kind and nature, including liens, easements, leases, etc. The separate areas of land need onl% be identified here l,Y tho
area numbers shown on the property map.
FAA Form 5100-100 l4•761
Page 3b
r'EPAk tt r.l Of ION 'FEDERAL AVIATION ADMINISTRATION
PART III - BUDGET INFORMATION - CONSTRUCTION
i
SECTION A - GENERAL
I. t-eoeral Domestic Assistance Lotolog No. . . . . . . . . . 4u.1v0
2. Functional or Other Breakout ...... ...... ........ Program
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Clossificotion
Use only for revisions
Totoi
Amount
Required
Lotesf Approved
Amount
Adjustment
f of
1. At;, , radon expense
S
S
S
2. Prel:car.ary expense
3. Lanu,structures, right-of-way
4. Architectural engineering basic fees
--
97,675.00
I
5. Other architectural engineering fees , testing
42, 263.00
6. Project inspection fees ,
48,000.00
7. Land development
8. Relocation Expenses
9. Felocation payments to Individuals ana Businesses 1
10. Demolition and removal
`
11. Construction and project improvement I
12. Equipment
1, 252 594.00
13. Miscellaneous
14. Total (Lines I through 13)
I
j
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
1,440,532.00
20. Federal Share requested of Line 19
i
21. Add Rehabilitation Grants Requested (100 Percentl
(1,226,479—.00
I
21. Total Federal grant reauested(Lines 20 8 21)
11,296,479.00
23. Grantee share
144,053.00
24. Other shares
25. Total project(Lines 22, 23 & 24)
S
S
S 1,440,532.00
rAA Corm 5100-100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Pope 4
pvB he b.)-F_
DEPARTMENIUF IKAN�,VOKIAIIUN-rtUtKALAV1AIIUNAUMINI�IKAIIUN
SECTION C — EXCLUSIONS
26'
Classification
Ineligible for
Porticipation
1
Excluded from
Conting.ncy Provision
2
b.
c
d-
o.
1
g.
Totals js�
S
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
i
27.
Grantee Share
S
a. Securities
,
b. Mortgages
c. Appropriations (By Applicann
d. Bonds
e. Tax Levies
f. Non Cash
g.Other (Explain) PFC
144,053.00
h. TOTAL — Grantee share
144,053.00 f
28.
Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
S 144,053.00
SECTION E — REMARKS
PART IV PROGRAM NARRATIVE (Attach — Sep In�,trllrtinncl
FAA Form 51DO.ID0 (6.731 SUPERSEDES FAA FORM %100-10 PAGES 1 THRU 7 Page 5
PART IV
PROJECT NARRATIVE
This project provides for constructing paved shoulders on Runway 8-26 and on associated taxiways to
the holdline. In addition, the pavement on the blast pad on Runway 26 will be reconstructed. A concrete
radius on the access drive and the apron serving the ARFF facility will be enlarged, as well.
The design of the paved shoulders is similar to those constructed along Runway 17R-35L in 1993.
Runway 8-26 is 8,000-feet long and is served by turf shoulders sloping away from the runway pavement.
Base -mounted runway edge lights are located 10-feet off the runway edge. Signs are also base -mounted
and are located 20-feet off the runway edge.
The new paved shoulder pavement section consists of 2-inches of P-401 bituminous surface course, 6-
inches of TxDOT Item 345 asphalt stabilized base course and 6-inches of lime treated subgrade over
compacted subgrade. Shoulders beyond the new pavement will be regraded in accordance with FAA
criteria, and seeded and fertilized to establish turf.
The existing blast pad on Runway 26 was constructed in 1974 with 2-inches of bituminous surface and
8-inches of caliche base course. Visual inspection reveals that the existing surface is in very poor
condition with severe cracking and delamination of the surface. This project includes pulverizing and
mixing the existing surface into the existing base course; reshaping and compacting the resulting
surface/base mixture; and constructing a new 2-inch P-401 surface course.
The existing access drive and apron serving the ARFF facility were constructed in 1971. The 7-inch
concrete pavement section over 6-inches of cement treated base has proven satisfactory in serving the
ARFF vehicles. However, the existing radius at the northwest corner of the drive is sized such that the
response time to the airfield is limited. This project provides for enlarging the existing 40-foot radius
to a 75-foot radius to improve the response time.
The ARFF apron area is also sized such that the ARFF vehicles are limited in their maneuverability
adjacent to the building. This project provides for enlarging the apron paved area by approximately 80
square yards to allow improved vehicular movement.
The new pavement section for the ARFF drive and apron improvements will match the existing pavement
section.
All of the proposed improvements will include appropriate adjustments to runway and taxiway edge lights
and signs as well as providing pavement markings in accordance with FAA AC 150/5340-1G.
_: -2
7
FUTURE PROPERTY
LINE
• ;ooww,
FUTURE PROPERTY
LINE
N
ii
EXISTING i FUTURE PROPERTY
AVICATION LINE
EASEMENT
PARCEL
Ali L
No. CE
\R
DUSTING E g\ �
AVICATION PAR
EASEMENT wn Ins
PARCEL
NO. IG-A
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PART V
ASSURANCES
Airport Sponsors
A. General.
I. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility
program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C.,
Subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private
sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of
the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport
development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the
project. However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions and assurances with respect to
real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private
sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an
airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and
34 in Section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the
life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements
as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea I
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seg.
d. Hatch Act - 5 U.S.C. 1501, et se .2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act t if 1970 - 42 U.S.C. 4601, eseo.1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Flood Disaster Protection Act of 1973 -Section ] 02(a) - 42 U.S.C. 4012a.1
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
I. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seo.1
m. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.8373.1
n. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg. 1
o. Copeland Antikickback Act - 18 U.S.C. 874.1
p. National Environmental Policy Act of 1969 - 42 U.S .C. 4321, et seq. I
q. Endangered Species Act - 16 U.S.C. 668(a), et seo.
T. Single Audit Act of 1984 - 31 U.S.C. 7501, et seo.2
S. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 11246 - Equal Employment Opportunity]
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction I
Airport Assurances (1-95) Page 1 of 8 ASW-PP-A-1
Federal Regulations
a. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3
b. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil
Rights Act of 1964. -
C. 49 CPR Part 23 - Participation by minority business enterprise in Department of Transportation programs.
d. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2
C. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting- from Federal financial assistance.'
f 49 CFR Part 29 - Government -wide debarment and suspension (non -procurement) and Government -wide requirements for drug -free workplace
(grants).
g. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S.
contractors.
h. 29 CFR Part I - Procedures for predetermination of wage rates.1
i. 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.'
j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards
provisions applicable to nonconstruction contracts subject to the Contract Work Hours and Safety Standards Act).'
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).1
1. 14 CFR Part 150 - Airport noise compatibility planning -
in. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.'
n. 49 CFR Part 20 - New restrictions on lobbving. -
Office of l\tanagement and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-128 - Audits of State and Local Governments.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement
levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance
under the Airport and Airway Improvement Act of 1982, as amended.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the
,-rant 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
time applicant to act in connection with the application and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States_ It has
sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary
that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be 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.
Airport Assurances (1-95) Page 2 of 8 ASW-PP-A-1
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 the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the
power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or
disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this =rant
agreement. -
C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. it
will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it wvill enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. it will take steps to enforce this agreement against the property owner whenever
there is substantial non-compliance with the terms of the agreement.
C. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use
airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the
Airport and Airway Improvement Act of 1982, the regulations and tine 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
asencies that are authorized by the State in which the project is located to plan for the development of tine area surrounding the airport. For noise
compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another
agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and
the project is reasonably consistent with the agency's plans regarding the property.
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 the Airport and Airway Improvement Act of 1982,
it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. in projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for
public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with
goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the
Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and
operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where
applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be
obtained from such Administrator. Notice of certification 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
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 airport, it has, on the date of submittal of the
project grant application, all the safety equipment required for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all
the security equipment required by rule or 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 Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total
cost of the project in connection with which the grant is given or used, and the amount 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.
Airport Assurances (1-95) Page 3 of 8 ASW-PP-A-1
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and records of the recipient that arc 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 coP) 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 time grant agreement. which involve
labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as
amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation
for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions
as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to
Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982.
However, this preference shall apply only where the individuals are available and qualified to perform the work to.vhich the employment relates.
16. Conformity to Plans and Specifications. It.will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such
plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance
under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved
plans, specifications, and 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.vith 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.vill include in all published material prepared in connection with the planning project a notice that the material .vas 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.vill 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. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions.
Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary. The airport and all facilities
which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at
all times in a safe and serviceable condition and in accordance with the minimum standards as 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.
In furtherance of this assurance, the sponsor will have in effect at all times arrangements for-
(]) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or
other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
Airport Assurances (1-95) Page 4 of 8 ASW-PP-A-1
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Fcdcral 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, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land
adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeofT
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 its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds and
classes of aeronautical use.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation
to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions
requiring the contractor to-
(1) furnish said services on a fair, reasonable, and not unjustly discriminator, basis to all users thereof, and
(2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided that the contractor may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
C. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly
applicable to all other fixed -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, nontenant, or subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air 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 nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably .vithheld by and, 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.
2. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions.
h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may, be necessary for
the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of
the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to
the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an
exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing -
agreement between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct
any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting,
aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an
aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of 1982.
Airport Assurances (1-95) Page 5 of 8 ASW-PP-A-1
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23 for the facilities and services being provided
the airport users which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account
such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and
Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations
issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes
controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including 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.
26. Reports and Inspeetions. 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;
(b) make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
(c) for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation
and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable
request; - -
(d) for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms. conditions,
and assurances of the Brant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request; and
(e) in a format prescribed by the Secretary, provide to the Secretary and make available to the public, not later than 60 days following each of its fiscal
years, ending after March 1, 1995, an annual report listing in detail :
(i) all amounts paid by the airport to any other unit of govemment and the purposes for which each such payment was made; and
(6) all services and property provided by the airport to other units of govemment 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 Govemment aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation
activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in
buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written
request from the Secretary.
29. Airport Layout Plan.
It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and
roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation
areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to
the approval of the Secretary which approval shall be 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.
Airport Assurances (1-95) Page 6 of 8 ASW-PP-A-1
b. Ifa 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 confonnity 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 thereot) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. it will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex,
age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance
obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance
obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which
Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be
reinvested in an approved noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed
for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' -
proportionate share of the fair market value of the land. That portion of the proceeds of such disposition %which is proportionate to the United
States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement
project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the
Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be
considered to be needed for airport purposes if the Secretary or Federal agency 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 hawing
commenced no later than December 15, 1989.
C. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such
land 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 August 1, 1994, 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.
Airport Assurances (1-95) Page 7 of 8 ASW-PP-A-1
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated On: August 1. 1994
N113IBER
SUBJECT
70/7460-1H CHG I & 2
Obstruction Marking and Lighting
I50/5100-14C
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
150/5210-513
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7B
Aircraft Fire and Rescue Communications
150/5210-14
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15
Airport Rescue and Firefighting Station Building Design
150/5210-18
Systems for Interactive Training of Airport Personnel
150/5220-413
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighing Vehicles
150/5220-1313
Runway Surface Condition Sensor Specification Guide
150/5220-14A
Airport Fire and Rescue Vehicle Specification Guide
150/5220-16A
Automated Weather Observing Systems for NonFederal Applications
150/5220-17A
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
I50/5220-20 CHG 1
Airport Snow and Ice Control Equipment
150/5220-21 CHG 1
Guide Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments
150/5300-13 CHG 1, 2, & 3
Airport Design
150/5300-14
Design of Aircraft Deicing Facilities
150/5300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-513
Airport Drainage
I50/5320-6C CHG 1 & 2
Airport Pavement Design and Evaluation
150/5320-1213
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
I50/5325-4A CHG 1
Runway Length Requirements for Airport Design
150/5340-1G
Standards for Airport Marking
150/53404C CHG 1 & 2
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-513 CHG 1
Segmented Circle Airport Marker System
150/5340-14B CHG I & 2
Economy Approach Lighting Aids
150/5340-1713
Standby Power for NonFAA Airport Lighting Systems
150/5340-18C CHG 1
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
150/5340-21
Airport Miscellaneous Lighting Visual Aids
I50/5340-23B
Supplemental Wind Cones
150/5340-24 CHG 1
Runway and Taxiway Edge Lighting System
150/5340-27A
Air -To -Ground Radio Control of Airport Lighting Systems
150/5345-31)
Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5345-71) CHG 1
Specification for L-824 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 L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
150/5345-26B CHG 1 & 2
Specifications for L-823 Plug and Receptacle, Cable Connectors
150/5345-27C
Specification for Wind Cones Assemblies
150/5345-28D CHG 1
Precision Approach Path Indicator (PAPI) Systems
150/5345-39B CHG 1
FAA Specification L-853, Runway and Taxiway Centerline Retrotlective Markers
150/5345-42C CHG 1
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
150/5345-43D
Specification for Obstruction Lighting Equipment
150/534544E
Specification for Taxiway and Runway Signs
150/5345-45A
Lightweight Approach Light Structure
150/5345-46A
Specification for Runway and Taxiway Light Fixtures
150/5345-47A
Isolation Transformers for Airport Lighting Systems
150/5345-49A
Specification L-854, Radio Control Equipment
150/5345-50 CHG I
Specification for Portable Runway Lights
150/5345-51 CHG I
Specification for Discharge -Type Flasher Equipment
150/5345-52
Generic Visual Glideslope Indicators (GVGI)
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12
Airport Signing and Graphics
150/5360-13
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C
Operational Safety on Airports During Construction
150/5370-613
Construction Progress and Inspection Report -Airport Grant Program
150/5370-10A CHG 1-7
Standards for Specifying Construction of Airports
150/5370-11 CHG 1
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5390-2A
Heliport Design
150/5390-3
Vertiport Design
Airport Assurances (1-95) Page 8 of 8 ASW-PP-A-1
LEGEND
EXISTING PAVING
------ - - -
PROPOSED
AIRFIELD PAVING
-
EXISTING FACILITIES
Saar_
EXISTING PROPERTY
LINE
PROPOSED PROPERTY
LINE
PARCEL/TRACT
BOUNDARY LINE
-
1991
8.26 ACRES TO LUBBOCK
WATER TREATMENT PLANT, 1991
HATCHING LEGEND
SYMBOL.
'T6
R
ACERAGE
ACQUIRED
FEDERAL GRANT PROJECT NUMBER
A-1
640
1929
ACQUIRE WITHOUT FEDERAL PARTICIPATION
A-2
594.36
1942
'
A-3
300.0
1942
'
A-4
13.26
1957
'
A-5
6.82
'
4
8.0
1972
'
2
9.955
1973
-
6
34.4J8
1973
- -
/
B-1
107.96
1956
P. L. 289
B-2
P. L 289
14-71
8.0
1971
ADAP - 13
1973 -
1973
1973
1973 ADAP -
8 R0.0 1973
9 126.783 1973
f
FUTURE PROPERTY LINE R 10 146.603 1973
�I1 -e ----• I -' ,, -_- _ � LINE R 10-A 3.673 1973 '
• =m • �' r R 12 JS.JM 1973
'I . 13 19.972 1973
1' A-2 e'�!'4,; ' C 41.224 1971 FAAP - C913
elaY 14-82L34.87
195.20 1902 ADAP - 15
D1983
` :� E a ■ ■• 8'3 r °°°°°°° F-1 1991 ALP - 10
yy °nee nnen°
F- [7 F_21992 ALP - 10
f L i! NPENDING PFC - 95 PENDNCEPENDING PFC - 95 PENDING
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CLIENT : LUGO= INTERNATIONAL ANPORT
PROJECT : LANO INVENTORY MAP
SHEET TITLE
EXHIBIT "A"
'Wmny I :__LUBH� ,
Tor!' ojeel No.. 0 -:270.7-9!. pov!L by 1(.R„i,__
J.T.N.-,_ ScoW.; 1, 000 T - ,
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