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HomeMy WebLinkAboutResolution - 5639 - Grant Agreement, Federal Assistance - FAA - Runway 17L_35R Reconstruction, LIA - 09_25_1997Resolution Item #23 September No. 5639, 25, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement for Federal Assistance, in substantially the form of the Agreement, attached herewith, by and between the City of Lubbock and the Federal Aviation Administration for funding the reconstruction of Runway 17L135R, and any associated documents, which Agreement 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 25 th AT EST: ay �f Darnell, City Secretary APPROVED AS TO CONTENT: Earle, Aviation Manager APPROVED AS TO FORM: D aId G. Vandiver, First Assistant City Attorney dalccdocs/faa-arpt.res September 15, 1997 day of September , 1997, volowri " W931 - 4 WF6 F4 ` a-2B-137; B•35PM; 70452191013 => LIA; 02 ALJG-2B-1997 tB=44 FROM DELTA AIRPORT CONSLLTANTS TO Resolution NoS.5639 Item 1�$®744%06eptFQr 25, 1997 .02 UNE PROJECT BUDGET SUMMARY Rofi e6 bit kMWOW 17R-35L !Gail (11.6W x 007 Li bock konnsdar4W A6pW Lubbock, Texas AIP OmOd No. 3<48-01 39- 10-97 D&% tsrujed No. TX 970•vs Date: August 28, 1 W Gant Amour* FAA Loom Total LATEST St1DGET gHMATE AIP-19 55.M3G1A0 $l9iDB.,484.60 >p W4,846.00 AW-19 BUDGE' kS7 MATF a. Al64dWOop 10,000.00 10,000.00 Subs W-- 410.000.00 $10,000.00 Ib. Pmlmkwy DeOw Gtaund $tsrr r (FK¢t-Tech) 35,000.00 35.0=00 Daalgn C-**W vkW (RaiwKat ioO 48,000.00 46.000.00 OS+ W1C; M 9peaa1 M (APrech) 18,331.00 161331.00 Subtotal. $09,331.00 $N,331.00 ' abo � vervices ' ,y.. p�. �r ��.rr\ 0820 � Phwss (Delta•I..um wn) y /�p,� /y� 323.WV OO ��q �. 1/� �y� 3".060.00 cQnsbacdm Phan Services (Datb"Dimd Opel} (0" 168,746.00 163.7N.00 Sut>1ctal: $406,806.00 $488,806.00 9. OMwr CVA Teeft ("0 75,0=00 781000.00 O 4ftetion Suvwys 40 10,000.00 10,000.00 Dlred Nwmdwy Evaneoa - Design i2,800.00 1Z.000.00 Narmalary a peneae - c0nslnicbw (eat) 7r.$MOO 77,650.00 FbW Fee - DetdW 11,213.00 11.213.00 Fixed Fee - Coraboalon (eat' 69.03&00 %03&00 Ones AMo AnDe - Design 11,213.00 11,213.00 Cost AlOyrtno- Oorm*uckn (eat) 61.444.00 61,A44.00 SLO10tat $318,353.00 $318,365,00 L Ptcied Inwocdm Aw;k errt ftject Apreawwwo (eat) 1KO39.00 IW03.00 SubtaW: $180.030.00 SI1S,039.00 k. t co*ackw %382,317.00 5,s6z317.00 P-601 PCC menus 200,000.00 200.000.00 6ebattal: $81562,a17.0o V).=.317.00 Tatar: $6,664,84&00 $6,664,U&00 Total Amour* 8,e84 8MOD 8,864,84&00 FAA. 5,t1f98,351.40 5,9W41.40 tf:L OW464.90 866,484.60 File: ALTICSOZVA(4 Resolution No.5639 Item #23 September 25, 1997 OMB Anproval No. 0348.0043 APPLICATION FOR z. UA �UUMIr Appiicant IUen[i Ter FEDERAL ASSISTANCE SEE BLOCK 18e 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY STA TE State Application Identifier Application Preapp/ication ® Construction i ❑ Construction 4. DATE FECEIVLDBYF-EDERALAGENCY Federal Identifier ❑ Non -construction ❑ Non -Construction 3.48-013$•19.97 5. APPLICANT INFORMATION Legal Name Organizational Unit City of Lubbock Lubbock International Airport Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters involving this application (give area code) Route 3 Box 389 Mark Earle Director of Aviation Lubbock, Texas 79401 806-7 753126 6. EMPLOYER IDENTIFICATION NUMBER [Eft: 7, TYPE OF APPLICANT: (enter appropriate letter in box) ®- ® ® ® ® ® ®® A State H Independent School Dist. B County I State Controlled Institution of Higher Learning C Municipal J Private University D Township K Indian Tribe 8. TYPE OF APPLICATION: ® New ❑ Continuation Revision ❑ E Interstate L Individual ❑ ❑ F Intermunicipal M Profit Organization If Revision, enter appropriate letter(s) in box(es). G Special District N Other (Specify) A Increase Award B Decrease Award C Increase Duration 9. NAME OF FEDERAL AGENCY D. Decrease Duration Other (Specify): Federal Aviation Administrtation, Southwest Region Fort Worth, Texas 76193-0610 10. CATALOG OF FEDERAL DOMESTIC Efu • cou �fil 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER: 1. Reconstruct RW 17R-35L Keel 01,500' x 501) TITLE: AIRPORT IMPROVEMENT PROGRAM 12. AREAS AFFECTED BY PROJECT /cities, counties, states, etc.) City of Lubbock Lubbock County, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant : b. Project 19 19 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $5,998.361.00 a. YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE b. Applicant $ TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE (see 1Be) b. NO ❑ PROGRAM IS NOT COVERED BY E 0 12372 c. State $ d. Local $666,485.00 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. Other $ = f. Program Income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If "Yes" attach an explanation ® No 9• TOTAL $6,664,846.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorized Representative b. Title c. Telephone Number Debra Forte' Asst. City Manager 806 775-2015 d. Signolurl A/�utthonz Repr entative e. Date Signed lo/ff 9- 9- 97 revious Editions Not Usable Standard Form 424 lRev. Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 80•RO184 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1•. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? 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, Name of Approving Agency regional or other planning approval? Date Yes No Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive Plan? Local ® Airport Layout Plan Yes No Regional ❑ Location of plan Lubbock International Airport Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project Yes No Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes ✓ 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 No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals, families, businesses, or farms? Families Businesses Yes No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes V No Page DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB N0.04-R0209 PART 11 - SECTION C The Sponsor hereby represents and certifies as follows: 1 . Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Height Hazard Zoning 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land.- (a) The Sponsor holds the following property interest in the following areas of land • which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": See Exhibit "A" on file with FAA/SWDO State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4.76) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 0•-RO209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interest. (b). The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land • on which such construction work is to be performed all of which areas are identified on the aforementioned property map designated as Exhibit "A". N/A (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land• which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": N/A 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None •State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b U. S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB N0.80 R• I W- PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No ................ 20.106 2. Functional or Other Breakout ................................ N/A SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1 . Administration expense $ S $10,000 2. Preliminary expense $99,331 3. Land, structures, right-of-way 4. Architectural engineering basic fees $486,806 5. Other architectural engineering fees $318,353 6. Project inspection fees $188,039 7. Land development S. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement $5,562,317 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) $6,664,846 15. Estimated Income (if applicable) 16. Net Project mount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $6,664,846 20. Federal Share requested of Line 19 $5,998,361 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) $5,998,361 23. Grantee share $666,485 24. Other shares 25. Total project (Lines 22, 23, & 24) $ $ $6,664,846 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES THRU 7 Page U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION SECTION C - EXCLUSIONS OMS N0.80410184 Classification 26 Ineligible for Participation (1) Excluded from Contingency Provision (2) a. S S b. C. d. 0. f. g. Totals S $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S a. Securities b. Mortgages c. Appropriations (By Applicant) $666,485 d. Bonds e. Tax Levies f. Non -Cash g. Other (Explain) h. TOTAL - Grantee share $666,485 28. Other Shares a. State b. Other C. Total Other Shares 29. TOTAL $666,485 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-10 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 FAA AC 75-0232 SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS General procurement standards for consultant services within Federal grant programs are described in 49• CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14C. Indicate N/A if this entire section is not applicable to the grant. 1. Advertisements were placed to ensure fair and open competition from a wide area of interest. Yes ✓ No N/A 2. For contracts over $25,000, consultants were selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. Yes ✓ No N/A 3. An independent cost analysis was performed, and a record of negotiations has been prepared reflecting the considerations involved in the establishment of fees. Yes ✓ No N/A 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was obtained from FAA. Yes No N/A ✓ 5. The consultant services contracts clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. Yes ✓ No N/A 6. Costs associated with work ineligible for AIP funding are clearly identified and separated from eligible items. Yes No N/A ✓ 7. All mandatory contract provisions for grant -assisted contracts have been included in all consultant services contracts. Yes ✓ No N/A ASW-610: Master Grant Certification SOUTIIWEST REGION ONLY AIP Grant Master Certification Sponsor's Name: City of Lubbock Airport: Lubbock International Airport Project Number: 3-48-0138-19-97 Project Description: Reconstruct Runway 17R-35L Keel Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A." I certify that, for the project identified herein, the responses to the following items are correct as marked, and that the attachments, if any, are correct and complete. Signed: s Authorized Representative Mark Earle. Director of Aviation Typed Name and Title of Sponsor's Representative Dated: dll�l7 This master certification is a reformatted version of Sponsor Certifications included within Attachments 1 through 5 of AIP Guidance Letter 91-1. ASV-610: Master Grant Certification SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS General procurement standards for consultant services within Federal grant programs are described in 49• CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14C. Indicate N/A if this entire section is not applicable to the grant. 1. Advertisements were placed to ensure fair and open competition from a wide area of interest. Yes ✓ No N/A 2. For contracts over $25,000, consultants were selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. Yes ✓ No N/A 3. An independent cost analysis was performed, and a record of negotiations has been prepared reflecting the considerations involved in the establishment of fees. Yes ✓ No N/A 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was obtained from FAA. Yes No N/A ✓ 5. The consultant services contracts clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. Yes ✓ No N/A 6. Costs associated with work ineligible for AIP funding are clearly identified and separated from eligible. items. Yes No N/A ✓ 7. All mandatory contract provisions for grant -assisted contracts have been included in all consultant services contracts. Yes ✓ No N/A ASW-610: Master Grant Certification 8. 1f the contract is awarded without competition, pre -award review and approval was obtained from FAA. Yes No N/A _ / 9. C.ost-plus-percentage-of-cost methods of contracting prohibited under Federal standards were not used. Yes ✓ No N/A 10. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was specifically described in the advertisement, and future work will not be initiated beyond five years. Yes ✓ No N/A ASW-610: Master Grant Certification 1 Will \ "IrkU1191 0 corkroal \ I ►s • Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16. Indicate N/A if this ^tire section is not applicable to the grant. 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. Yes ✓ No N/A 2. Qualified personnel (&e) (will be) engaged to perform contract administration, engineering supervision, and construction inspection and testing. Yes ✓ No N/A 3. The procurement (was) (will be) publicly advertised using the competitive sealed bid method of procurement. Yes ✓ No N/A 4. The request for bids clearly and accurately (describes) (will-deseribe� all administrative and other requirements of the equipment and/or services to be provided. Yes ✓ No N/A 5. Concurrence (wash (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid; b. The contract is to be awarded to other than the lowest responsive and responsible bidder; c. Life cycle costing is a factor in selecting the lowest responsive bidder, and = d. Proposed contract prices are more than 10 percent over the sponsor's cost estimate. Yes ✓ No N/A 6. All contracts exceeding $100,000, (require) a bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent. Yes V_ No N/A ASW-610: Master Grant Certification 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 (have been) (willbe)discussed with FAA and incorporated into the specifications. A safety/phasing plan (has been) (will be) prepared, and FAA concurrence (has been) (iaiff be) obtained, if required. Yes _�/ No N/A 9. The projects (will be) physically completed without Federal participation in costs due to errors or omissions in the plans and specifications which were foreseeable at the time of project design. Yes ✓ No N/A ASW-610: Master Grant Certification General requirements on real property acquisition and relocation assistance are in 49 CFR 24. The project Grant Agreement contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act). Indicate N/A if this entire section is not applicable to the grant. 1. Good and sufficient title (is) (will be) held on property in the project. The sponsor's attorney or other official (has prepared) (will prepare) and (has) (will have) on file title evidence on the property. Yes ' No N/A 2. If defects and/or encumbrances exist in the title which adversely impact the sponsor's intended use of property in the project, they (have been) (will be) extinguished, modified, or subordinated. Yes No N/A 3. If property for airport development (is) (will be) leased, the term is for 20 years or the useful life of the project. The lessor is a public agency and the lease contains no provisions which prevent full compliance with the grant agreement. Yes No N/A 4. Property in the project (is) (will be) in conformance with the current Exhibit A (property map). The property map is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. Yes No N/A 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest (was) (will be) obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. Yes No N/A 6. For any acquisition of property interest in runway protection zones and areas related to FAR Part 77 surfaces, property interest (was) (will be) obtained for the right of flight and right of ingress and egress to remove obstructions. Interest (was) (will be) obtained for the right to restrict the establishment of future obstructions. Yes No N/A ASW-610: Master Grant Certification 7. Contracts exceeding $100,000 (contain) provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also (contain) (will eentairr) provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). Yes _,/ No N/A 8. All construction contracts involving labor (contain) (will-eentairr) provisions ensuring that in the employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given preference. Yes ✓ No N/A 9. All construction contracts exceeding $2,000 (contain) (will eentain) provisions requiring compliance with the Davis -Bacon Act and bid solicitations (contain) ') a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and the Copeland "Anti -Kick Back" Act (are)(will be) included. Yes ✓ No N/A 10. All construction contracts exceeding $10,000 (contain) appropriate clauses from 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive Order 11246. Yes ✓ No N/A 11. All contracts and subcontracts (contain) (will-eontaitr) clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprises. Yes ✓ No N/A 12. Appropriate checks (lave 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 DOT element and appearing on the DOT Unified List. Yes ✓ No N/A ASW-610: Master Grant Certification General requirements for final acceptance and close-out of Federally funded construction projects are in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. Indicate N/A if this entire section is not applicable to the grant. 1. The personnel engaged in project administration, engineering supervision, and construction inspection and testing (were) (will be) determined to be qualified and competent to perform the work. Yes ' ✓ No N/A 2. Daily construction records (were) (will be) kept by the resident engineer/construction inspector. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and changes required. Yes _ / No N/A 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 15015100-15). Yes ✓ No N/A 4. Complaints regarding the mandated Federal provisions set forth in the contract documents (have been) (will be) submitted to FAA. Yes ✓ No N/A 5. All tests specified in the plans and specifications (were) (will be) performed and the test results documented. A summary of test results (has-been) (will be) available to FAA. Yes / No N/A 6. For any test results outside allowable tolerances, appropriate corrective actions (were) (will be) taken. Yes ✓ No N/A ASW-610: Master Grant Certification 7. Appraisals (include) (will include) valuation data to estimate the current market value for the property interest acquired on each parcel and (were) (will be) prepared by qualified real estate appraisers hired by the sponsor. An opportunity (was) (will be) provided the property owner or representative to accompany appraisers during inspections. Yes No N/A 8. Each appraisal (has been) (will be) reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation. The written appraisals and review appraisal are available to FAA for review. Yes' No N/A 9. A written offer to acquire each parcel (was) (will be) presented to the property owner for not less than the approved amount of just compensation. Yes No N/A 10. Effort (was) (will be) made to acquire each property through negotiation with no coercive action to induce agreement. If negotiation (was) (will be) successful, project files (contain) (will contain) supporting documents for settlements. Yes No N/A 11. If a negotiated settlement is not reached, condemnation (was) (will be) initiated and a court deposit not less than the just compensation (was) (will be) made prior to possession of the property. Project files (contain) (will contain) supporting documents for awards. Yes No N/A 12. If displacement of persons, businesses, farm operations, or nonprofit organizations is involved, a relocation assistance program (was) (will be) established. Displaced persons (received) (will receive) general information on the relocation program in writing, notice of relocation eligibility, and a 90-day notice to vacate. Yes No N/A 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses (were) (will be) provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. Yes No N/A ASW-610: Master Grant Certification 7. Payments to the contractor (were) (will be) made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, pay reduction factors required by the specifications (were) will be) applied in computing final payments and a summary of pay reductions (has been) (will be) available to FAA. Yes ✓ No N/A 8. The project (arasj (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval (was) (will be) obtained from FAA. Yes _� No N/A 9. A final project inspection (was) (will be) conducted with representatives of the sponsor and the contractor. Project files (eentain) (will contain) documentation of the final inspection. Yes ✓ No N/A 10. Work in the Grant Agreement (was) (will be) physically completed and corrective actions required as a result of the final inspection (were) (will be) completed to the satisfaction of the sponsor. Yes ✓ No N/A 11. If requested, the as -built plans and an equipment inventory, if applicable, (have been) (will be) submitted to FAA. Yes ✓ No N/A A revised airport layout plan (w* (will be) made available to FAA. Yes ✓ No N/A 12. Applicable close-out financial reports (have been) (will be) submitted to FAA. Yes _ / No N/A ASW-610: Master Grant Certification 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. I. 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, 15, 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 seg.1 C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seg_2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et se _ 1 2 _ f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. 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 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. Airport Assurances (5/97) 1 n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. Amencan Indian Religious Freedom Act, P.L. 95-341. as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.1 r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.1 L Copeland Antikickback Act -18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg•1 V. Wild and Scenic Rivers Act, P.L 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2 X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunityl Executive Order 11990 - Protection of Wetlands Executive Order 11998 - FloodPlain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructionl Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.) e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.) f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to nonconstruction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by minority business enterprise in Department of Transportation programs. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.) 2 M. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and - activities receiving or benefitting from Federal financial assistance. n. 49 CFR Part 29 - Govemmentwide debarment and suspension (non - procurement) and govemmentwide requirements for drug -free workplace (grants). o. 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. p. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.) Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. Airport Assuranccs (5/97" 2 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 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 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. - 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 ail of the terms, conditions, and assurances contained in this grant agreement Airport Assurances (5/97) 3 C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance 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. 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 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 caned 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 Airport Assurances (5/97) 4 that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, ail 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 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. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis - Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 1s. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. it will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the -_ Secretary, shall be incorporated into this grant agreement_ Any modification to the approved 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: Airport Assurances (5/97) 5 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 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. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, 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 Airport Assurances (5/97) 6 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 its airport available as an airport for public use on reasonable terms and without unjust discrimination, to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing 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. 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, 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 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: Airport Assurances (5/97) 7 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 d 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 air=ft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 198Z the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30. 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b . As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c . Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request Airport Assurances (5/97) 8 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 govemment and the purposes for which each such payment was made; and (ii) 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 Govemment aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto: (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or Airport Assurances (5!97) 9 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 operaWn 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 having commenced no later than December 15, 1989. C. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land 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. Airport Assurances (5/97) 10 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 5 /1/95 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. Airport Assurances (5/97) 11 CURRENT FAA ADVISORY CIRCULARS FOR ALP PROJECTS Updated 5/1/95 NUMBER SUBJECT 70/7460-lH - CHG 1 L 2 - Obstruction Marking and lighting 150/5000-13 - Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5100-14C - Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5210-58 - Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-78 - Aircraft Fire and Rescue Communications 150/5210-14 - Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 - Airport Rescue i Firefighting Station Building Design 150/5210-18 - Systems for Interactive Training of Airport Personnel 150/5220-46 - Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10A - Guide Specification for water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-136 - 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 150/5220-20 - CHG 1 - Airport Snow and Ice Control Equipment 150/5220-21 - CHG 1 - Guide Specification for Lifts Used to Board Airline Passengers with Mobility Impairments 150/5300-13 - CHG 1, 2, 3, 4 - Airport Design 150/5300-14 - Design of Aircraft Deicing Facilities 150/5300-15 - Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-5B - Airport Drainage 150/5320-6C - CHG 1 6 2 - Airport Pavement Design and Evaluation 150/5320-12B - Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 - Airport Landscaping for Noise Control Purposes 150/5325-4A - CHG 1 - Runway Length Requirements for Airport Design 150/5340-lG - Standards for Airport Markings 150/5340-4C - CHG 1 8 2 - Installation Details for Runway Centerline Touchdown Zone Lighting Systems 150/5340-5B - CHG 1 - Segmented Circle Airport Marker System 150/5340-14B - CHG 1 8 2 - Economy Approach Lighting Aids 150/5340-17B - Standby Power for NonFAA Airport Lighting Systess 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 1 150/5340-238 - 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 150/5345-30 - Specification for L821 Panels for Remote Control of Airport Lighting 150/5345-5A - Circuit Selector Switch 150/5345-70 - CHG 1 - Specification for L824 Underground 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 , 150/5345-268 - CHG 1 9 2 - Specification for L823 Plug and Receptacle, Cable Connectors 150/5345-27C - Specification for wind Cone Assemblies 150/5345-280 - CHG 1 - Precision Approach Path Indicator (PAPI) Systems 150/5345-398 - CHG 1 - FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers 150/5345-42C - CHG 1 - Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-430 - Specification for obstruction Lighting Equipment 150/5345-44F - CHG 1 - Specification for Taxiway and Runway Signs 150/5345-45A - Lightweight Approach Light Structure 150/5345-46A - Specification for Runway and Taxiway Light Fixtures 150/5345-47A - Isolation Transformers for Airport Lighting Systems 150/5345-49A - Specification L854, Radio Control Equipment 150/5345-50 - CHG 1 - Specification for Portable Runway Lights 150/5345-51 - CHG 1 - Specification for Discharge -Type Flasher Equipment 150/5345-52 - Generic visual Glideslope Indicators (GVGI) 150/5345-53 - Airport Lighting Equipment Certification Program 150/5360-9 - Planning and Design of Airport Terminal Facilities at HonHub Locations 150/5360-12A - Airport Signing 8 Graphics 150/5360-13 - CHG 1 - Planning and Design Guidance for Airport Terminal Facilities 150/5370-2C - Operational Safety an Airports During Construction 150/5370-6B - Construction Progress and Inspection Report -Airport Grant Program 150/5370-10A - CHG 1, 2, 3, 4, 5, 6, 7, 8 - 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 150/539D-2A - Heliport Design 150/5390-3 - Vertiport Design 2 SAMPLE 0 GRANT AGREEMENT U-S. Department of Ttsn�portawn FOR DEVELOPMENT PROJECT Pedral AvIsdon Administration PART I -OFFER Date of Offer: Airport: Lubbock International Airport Contract No. TO: City of Lubbock, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, he.eir, refer-ed to as the "FAA") WTIEREAS, the Sponsor has submitted to the FAA a Project Application (also called an application For Federal assistance) dated `or 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-dcscribed airport development: all as more particularly described in the property map and plans and specifications incorporated ill the said Application for Federal Assistance. F" i3nrl ! .03-i' . C-iD) DweloPmr:u at Nan pmdmt. Paste I of 4 Pages ITEM 2 3A VOW 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 Sponsors adoption and raufication of the representations and assurances contained in said Project Application and its acceptance this Offer as hereinafter provided. and (b) the benefits to accrue to the United States and the public from :he 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 stoc—lishing the Project, NINETY percent m of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions l . The mexun;un obligation of the United States pa. able under this o er shall be _ The allowable costs of the project thou; ,lot include any costs dete.�rrt ,,4. r. >ineligible orconside:atior, as t; altowability under Title 49 U.S.C. 3. Payment of tie United States share of the allowable projec: costs will be made pursuant to and in accordance :%,6 the provisitms of such xgulations and procedures as the Secretary shall prescribe. Final determination of the United States share N+:: be based upon the rhud audit of the total amount of allowable project costs and settlement will be made for any upward dow-ays and adjusmasts to the Federal share of costs. 4 The sponsor shall carry out and complete the Project without .,ndue delays and in accordance with t' a terms hereof. and such regulations and procedures as the Steretary shall; prescribe, ana _green to comply wth the assurances l,%hich ..ere :r.ade par. a` project application. 5. The FAA reserves die right to amend or %.ithdraw this offer at any time prior to its acceptance EN the sponsor. 6. This offer shall expire and the U'nned States shad nct to o�haated to pay any part cf the costs of the rroica un!ess this offer ,as men aecepted'oy the sponsor before September 30, or such subsequent date as rra%l be prescribed in writing h•_, the FM_ The sponsor shall take all sups, including litigation ;f necessary, to recover Federal funds ;pent f=dLItrt1%. kkastefU1'y. to volation of Federal antitrust statutes, or misused in any other manner in any project .upon ,,.hich Federal fur_ds ha,.e beer expendied. For the purposes of this grant agreement. the term *"Federal funds" means funds: howrver. used or disbursed by (he sponsor chat were originally paid pursuant to this or any other Federal grant agreement. It shall Detain the approval of 'le Secrerary- as to any determination of the amcunt of t6: Federe, snare of such funas. :t sr.a!1 retL:n the recc%ered Fedora: sear: Ireiu,iini& .~'unds reco%cred by senternent, order or judSment. to the Secretary It shall farrasii ,e me Se_retary. 1pen. reeues% docurncn:s and records pertaining to the d.tennination of the amount of the Feaetai share er to an, ser;errent. lit:gnt:_- negotiation, or other efforts taker to recover such f;;rds. All settlements or other final positions of the sponsor, in co::rt :r otherwise.:avoiving the recover of such Federal share sha!l be approved :n advance by the Secretary. S. The United States shall not be responsible or ;fable for damage to property or injury to persona whi& may arise f:cm.:,r tz incident to, compliance with this grant agreement. 9. Unless otherwise approved yy the FAA, the sponsor :yid not acquire or permit an% cons -actor or suecontra. cr :o acq;rire ar.. scree: or manufactured products produced outside the United States to be ised for any pro ect for Qaport %1c e!opment or no.se .-aenpatibility for which funds are provided under this grant. The sponsor will incluJe ,n ever\, ccnuact = p:ovrs;en :rnplerrent-i*•_ Otis special conition. 10. "ne property trap referred to on Page 1 of this Grant t�areemcnt tat Property ti1ap. Fxntci; "A", attoche.! ' App►_-scation for Federal Assistance attached shereto. :r.n f !ice- r . asl os.._rsGfd! x �Clfe Prepnfl Pace '� of 4 Pages i 1. It is mutually understood and agreed that if, during the life of the project, the FAA determ;nes that 'he grant amount exceeds the expected needs of the sponsor by S5,000 or five percent, whi:never is greater. the gnat -Iniount can 7e umlaterail; red6ced by letter from the FAA adv„ing of the budget change. Conversely, if these is an overrun in the eligible proleet costs. FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen ( I Silo) percent limitation and well advise the sponsor by letter of the increase. Upon issuance of ether cf the aforementioned lermrs. to maximum obligauon of the United States is adjusted to the amount specified- 12. If a letter of credit is to be used, the sponsor afrees to request cash dmwdowns an the et:thorirrd letter of credit oaly whoa attustly needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure !o adhen to this provision may cause the letter of credit to be revoked. 13. The clans and specifications refer -a to on Page I of this Grant Abreem..ent are the plans and specifications ;dtntif.ed as The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporate, herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and 'his Offer and Acceptance shall comprise a Grant Agreement, as pro% ided by Title 49 U.S.C.. constituting die contractual obligations and rights of the United States and the Sponsor will' respect to the accomplishment �' the Prcject and compliance with the assurances and conditions as provided herein. Such Grant Agreerre::- shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL A%IATION ADMINISTRA?ION Otis T. Welch, Manager Texas Airport Development Office FaA F.,nn .':4•;' l ..•1C; 7CNt17p01fU :r 4o+u P-ZiMr page of 4 Pages PART If - 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 foregoingt 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 day of (SEAL) Attest: Tide: ,19 City of Lubbock, Texas (hams ut spwluo By: t%poniorl Uaisnaud Utloc•el Itepresentonvoi Title: CERTIFICATE OF SPONSOR'S ATTORNEY acting as .attorney for the Sponsor do hereby certify: That to :ny opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under .h: l&%-s of the State of Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto. and find that the acceptance the:eci b•: said Sponsor and Sponsors official representative has been duly authorized and that the execution thereof :s in ail respects due and proper and in accordance with the laws of the said State and Title 49 U.S.0 Ir addition, for grants involving projects to be tarried out on property not owned by the Sponsor, there ire ne legal impediments that will prevent Full performance by the Sponsor. Further, it is m-, opinion that the sat' Grant agreement constitutes a legal zrd binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of ,19 "06"atuM M'Spomurt Attorncv) :µ Page 4 or 4 Pages Resolution No. 5639 Item # 23 September 25, 1997 f;) GRANT AGREEMENT U.S. Department of Transportation FOR DEVELOPMENT PROJECT Federal Aviation Administration Date of Offer: September 23, 1997 Airport: Lubbock International Airport TO: City of Lubbock, Texas (herein referred to as the "Sponsor") PART I -OFFER Project No. 3-48-0138-19-97 Contract No. 97 SW-8229 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 September 9, 1997, 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: Reconstruct Runway 1711-35L Keel (11,500' x 50') 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 1997 and the total estimated cost of completion will be approximately $6,664,846.00, of which the Federal share is $5,998,361. FAA Fo"n 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 $5,021,514.00. 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. 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 September 30, 1997, 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. I0. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached to AIP Project No. 348-0138-18-96. FAA Form 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 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 b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. 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. For a project to replace or reconstruct pavement at the airport, the sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform with the provisions in the attached outline entitled: "Pavement Maintenance Management Program." FAA Form 5100-37 Op.ggl Devclopment or Noise Program Page 3 of 5 Pages 15. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as Reconstruct Runway 17R-35L Keel (11,500' x 501) Invitation to Bid (ITB) No. 97190. 16. The maximum obligation for the current fiscal year stated in Condition I 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 1998 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 1998. 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 Otis T. Welch, Manager 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 Z6' day ofJa�—r.Gsr2,i , 19 qZ . (SEAL) Attest: Title: City of Lubbock, Texas (Name o Sponsor) By: (9fionnrVDesTnatqA Official Represen[ativej Title: CERTIFICATE OF SPONSOR'S ATTORNEY 1, , 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 this day of ,� , 19 '77. FAA Fono 5100-37 (10-89) Development or Noise Program Page 5 of 5 Pages OMB Approval No. 0348-0043 APPLICATION FOR DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE SEE BLOCK 18e 1. TYPE OF SUBMISSION ; 3. DATE RECEIVED BY STATE State Application Identifier Application Preapplication ® Construction i ❑ Construction 4. DATE RECElVBD BY FEDERAL AGENCY Federal Identifier ElNon-Construction❑ Non -Construction 3-48-0138-19-97 5. APPLICANT INFORMATION Legal Name Organizational Unit City of Lubbock Lubbock International Airport Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters involving this application (give area code) Route 3 Box 389 Mark Earle Director of Aviation Lubbock, Texas 79401 806-7753126 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7, TYPE OF APPLICANT: (enter appropriate letter in box) En ® -® ® U ® ® ® ® A State H Independent School Dist. B County I State Controlled Institution of Higher Learning C Municipal J Private University D Township K Indian Tribe 8. TYPE OF APPLICATION: ® New ❑ Continuation ❑ Revision E Interstate L Individual F Intermunicipal M Profit Organization If Revision, enter appropriate letter(s) in box(es). ❑ ❑ G Special District N Other (Specify) A Increase Award B Decrease Award C Increase Duration 9. NAME OF FEDERAL AGENCY D. Decrease Duration Other (Specify): Federal Aviation Administrtation, Southwest Region Fort Worth, Texas 76193-0610 10. CATALOG OF FEDERAL DOMESTIC 1 1 . DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER: 1. Reconstruct RW 17R-35L Keel (11,500' x 50') TITLE: AIRPORT IMPROVEMENT PROGRAM 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) City of Lubbock Lubbock County, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Data I Ending Date a. Applicant b. Project 19 19 15. ESTIMATED FUNDING: 16� IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $5,998,361.00 a. YES THIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE b. Applicant $ TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE isee 18e) b. NO C PROGRAM IS NOT COVERED BY E 0 12372 c. State $ d. Local $666,485.00 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. other $ f. Program Income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If 'Yes' attach an explanation ® No g. TOTAL $6,664,846.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorized Representative b. Title c. Telephone Number Debra Forte' Asst. Ci-ty Mana er 806 775-Z015 d, Sig ur of Authoriz Repr entative e. Date Signed 1 9- 9- 97 reviaus rtians of sa a Standard Form(Rev. - Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO, 8o-RO184 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes ✓ No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes ✓ Name of Governing Body Priority Bating Name of Agency or Board 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, Name of Approving Agency regional or other planning approval? Date Yes ✓ No Item 5. Is the proposed project covered by an approved Check one: State El comprehensive Plan? Local ® Airport Layout Plan ✓ Yes No Regional ❑ Location of plan Lubbock International Airport Item 6. Will the assistance requested serve a Federal installation? Name of Federal Installation Federal Population benefiting from Project Yes ✓ No Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes ✓ 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 ✓ No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals, families, businesses, or farms? Families Businesses Yes ✓ No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes ✓ No Page 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB No.04-R0209 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1 . Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Height Hazard Zoning 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land-- (a) The Sponsor holds the following property interest in the following areas of land' which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": See Exhibit "A" on file with FAAISWDO * State character of property in terest in each area and list and iden tify 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 hereby the area numbers shown on the property map, FAA Form 5100-100 (4-76) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB No. ®a-Rozos 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 interest. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land' on which such construction work is to be performed all of which areas are identified on the aforementioned property map designated as Exhibit "A". NIA (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": NIA 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 in terestin 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 U. S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.80-R-1084 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No ................ 20.106 2. Functional or Other Breakout ..:............................. NIA SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or 1-) 1. Administration expense $ $ $10,000 2. Preliminary expense $99,331 3. Land, structures, right-of-way 4. Architectural engineering basic fees $486,806 5. Other architectural engineering fees $318,353 6. Project inspection fees $188,039 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement $5,562,317 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) $6,664,846 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) $6,664,846 20. Federal Share requested of Line 19 $5,998,361 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) $5,998,361 23. Grantee share $666,485 24. Other shares 25. Total project (Lines 22, 23, & 24) $ $ $6,664,846 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES THRU 7 Page 4 OMB Approval No. 0348-0043 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE SEE BLOCK 1Be 1. TYPE OF SUBMISSION : 3. DATE RECEIVED BY STATE State Application Identifier Application Preappllcarlon ® Construction ❑ Construction 4. DATE RECBVED BY FEDERAL AG Y Federal Identifier ❑ Non -Construction ❑ Non -Construction 3-48-0138-19-97 5. APPLICANT INFORMATION Legal Name Organizational Unit City of Lubbock Lubbock International Airport Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters involving this application (give area code) Route 3 Box 389 Mark Earle Director of Aviation Lubbock, Texas 79401 806-7753126 6. EMPLOYER IDENTIFICATION NUMBER (EIM: 7, TYPE OF APPLICANT: (enter appropriate letter in box) Ld M IS - ®®®®®®® A State H Independent School Dist. B County I State Controlled Institution of Higher Learning C Municipal J Private University D Township K Indian Tribe B. TYPE OF APPLICATION: ® New ❑ Continuation ❑ Revision E Interstate L Individual ❑ ❑ F Intermunicipal M Profit Organization If Revision, enter appropriate letter(s) in box(es). G Special District N Other {Specify) A Increase Award B Decrease Award C Increase Duration 9 NAME OF FEDERAL AGENCY D. Decrease Duration Other (Specify): Federal Aviation Administrtation, Southwest Region Fort Worth, Texas 76193.0610 10. CATALOG OF FEDERAL DOMESTIC 1Z nQ ® 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER: 1. Reconstruct RW 17R-35L Keel (11,500' x 50') TITLE: AIRPORT IMPROVEMENT PROGRAM 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) City of Lubbock Lubbock County, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project 19 19 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $5,998,361.00 a. YES THIS PREAPPLICAMONIAPPLICATION WAS MADE AVAILABLE b. Applicant $ TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE (see 18e) b. NO ❑ PROGRAM IS NOT COVERED BY E 0 12372 c. State $ d. Local $666,485.00 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. Other f. Program Income 9 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL. DEBT? 4 Yes If "Yes" attach an explanation ® No g. TOTAL $6,664,846.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorized Representative b. Title c. Telephone Number Debra Forte' Asst. City Manager 806 775-2015 d. Sign ur of AuthJ Repr entative e. Date Signed L ...L 9- 9- 9 7 rewaus itions ox sa a Standard orm(Rev.4-88) Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 80-H0184 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes ✓ No Item 2. Does this assistance request require State, or 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, Name of Approving Agency regional or other planning approval? Date Yes ✓ No Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive Plan? Local 2 Airport Layout Plan ✓ Yes No Regional ❑ Location of plan Lubbock International Airport Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project Yes ✓ No Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes ✓ 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 ✓ No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals, families, businesses, or farms? Families Businesses Yes ✓ No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes ✓ No Page 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04-Ro209 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Height Hazard Zoning 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land.- (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": See Exhibit "A" on file with FAAISWDO * State character of property interest in each area and list and identify for each al! exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB No. 04-Ro209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interest. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land" on which such construction work is to be performed all of which areas are identified on the aforementioned property map designated as Exhibit "A". NIA (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land• which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": N/A 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None "State character of property in terestin 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 U. S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.sa-R-1o64 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No ................ 20.106 2. Functional or Other Breakout ..:............................. N/A SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $10,000 2. Preliminary expense $99,331 3. Land, structures, right-of-way 4. Architectural engineering basic fees $486,806 5. Other architectural engineering fees $318,353 6. Project inspection fees $188,039 7. Land development 8. Relocation Expanses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement $5,562,317 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) $6,664,846 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) $6,664,846 20. Federal Share requested of Line 19 $5,998,361 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) $5,998,361 23. Grantee share $666,485 24. Other shares 25. Total project (Lines 22, 23, & 24) $ $ $6,664,846 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES THRU 7 Page 4 PART V 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. 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: 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 sgg.1 C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seg. d. Hatch Act - 5 U.S.C. 1501, se .2 e. Uniform 1 Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. i. 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 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et 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 sea. r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et se . t. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, a seg.l V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, e. t sea. X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunityl Executive Order 11990 - Protection of Wetlands Executive Order 11998 - FloodPlain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Airport Assurances (06/02/97) V- 1 Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction) Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 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 nonconstruction contracts subject to the Contract Work Hours and Safety Standards Act). g, 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title Vl of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by minority business enterprise in Department of Transportation programs. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.) 2 M. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance.) n. 49 CFR Part 29 - Governmentwide debarment and suspension (non -procurement) and governmentwide requirements for drug -free workplace (grants). o. 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. p. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.) Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-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 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 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. Airport Assurances (06/02/97) V- 2 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 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 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 reports on pavement condition and pavement management programs as the Secretary determines may be useful. Airport Assurances (06102/97) V- 3 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 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. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16, Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved 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. Airport Assurances (06/02/97) V- 4 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 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. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce 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 reasonable terms and without unjust discrimination, to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing 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. 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, 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 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. Airport Assurances (06l02197) V- 5 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 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, than this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b, for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use 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. Airport Assurances (06/02/97) V- 6 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used_ Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport, b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. 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. Airport Assurances (06/02/97) V- 7 (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 having commenced no later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land 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 May 1, 1995 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. Airport Assurances (06/02197) V- 8 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Updated On: May 1, 1995 NUMBER 70/7460-1H, CHG 1 & 2 150/5000-13 150/5100-14C 150/5210-5B 15015210-7B 150/5210-14 150/5210-15 150/5210-18 150/5220-4B 150/5220-10A 150/5220-13B 150/5220-14A 150/5220-16A 15015220-17A 150/5220-18 150/5220-19 150/5220-20, CHG 1 15015220-21, CHG 1 150/5300-13, CHG 1, 2, 3, & 4 150/5300-14 150/5300-15 150/5320-5B 150/5320-6C, CHG 1 & 2 150/5320-126 150/5320-14 150/5325-4A, CHG 1 150/5340-1 G 150/5340-4C, CHG 1 & 2 150/5340-5B, CHG 1 150/5340-14B, CHG 1 & 2 150/5340-17B 150/5340-18C, CHG 1 150/5340-19 150/5340-21 150/5340-23B 150/5340-24, CHG 1 150/5340-27A 150/5345-3D 150/5345-5A 150/5345-7D, CHG 1 150/5345-10E 150/5345-12C 15015345-13A 150/5345-26B, CHG 1 & 2 15015345-27C 15015345-28D, CHG 1 15015345-39B, CHG 1 15015345-42C, CHG 1 150/5345-43D 15015345-44F, CHG 1 15015345-45A 150/5345-46A 15015345-47A 15015345-49A 150/5345-50, CHG 1 150/5345-51, CHG 1 150/5345-52 150/5345-53 150/5360-9 150/5360-12A 150/5360-13, CHG 1 150/5370-2C 150/5370-68 150/5370-10A, CHG 1, 2, 3, 4, 5, 6, 7, & 8 150/5370-11, CHG 1 150/5370-12 150/5390-2A 150/5390.3 SUBJECT Obstruction Marking and Lighting Announcement of Availibility RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications Airport Fire and Rescue Personnel Protective Clothing Airport Rescue and Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type Aircraft Rescue and Firefighing Vehicles Runway Surface Condition Sensor Specification Guide Airport Fire and Rescue Vehicle Specification Guide Automated Weather Observing Systems for NonFederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and Ice Control Equipment Guide Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments Airport Design Design of Aircraft Deicing Facilities Use of Value Engineering for Engineering Design of Airport Grant Projects Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes Runway Length Requirements for Airport Design Standards for Airport Marking Installation Details for Runway Centerline Touchdown Zone Lighting Systems Segmented Circle Airport Marker System Economy Approach Lighting Aids Standby Power for NonFAA Airport Lighting Systems Standards for Airport Sign Systems Taxiway Centerline Lighting System Airport Miscellaneous Lighting Visual Aids Supplemental Wind Cones Runway and Taxiway Edge Lighting System Air -To -Ground Radio Control of Airport Lighting Systems Specification for L-821 Panels for Remote Control of Airport Lighting Circuit Selector Switch Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitors Specification for Airport and Heliport Beacon Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specifications for L-823 Plug and Receptacle, Cable Connectors Specification for Wind Cones Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification L-853, Runway and Taxiway Centerline Retroflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Lightweight Approach Light Structure Specification for Runway and Taxiway Light Fixtures Isolation Transformers for Airport Lighting Systems Specification L-854, Radio Control Equipment Specification for Portable Runway Lights Specification for Discharge -Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighing Equipment Certification Program Planning and Design of Airport Terminal Facilities at NonHub Locations Airport Signing and Graphics Planning and Design Guidance for Airport Terminal Facilities Operational Safety on Airports During Construction Construction Progress and Inspection Report -Airport Grant Program Standards for Specifying Construction of Airports Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects Heliport Design Vertiport Design V- 9 Resolution No. 5639 Item # 23 September 25, 1997 ez GRANT AGREEMENT U.S. Department of Transportation FOR DEVELOPMENT PROJECT Federal Aviation Administration PART I -OFFER Date of Offer: September 23, 1997 Airport: Lubbock International Airport TO: City of Lubbock, Texas (herein referred to as the "Sponsor") Project No. 3-48-0138-19-97 Contract No. 97 SW-8229 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 September 9, 1997, 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: Reconstruct Runway 17R-35L Keel (11,500' x 50') 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 1997 and the total estimated cost of completion will be approximately $6,664,846.00, of which the Federal share is $5,998,361. FAA Form SI00-37 (10.89) Development or Boise Program Page I 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 I . The maximum obligation of the United States payable under this offer shall be $5,021,514.00. 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 terns 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 September 30, 1997, 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 l of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached to AIP Project No. 3-48-0138-18-96. FAA Frxm 5100.37 (10-89) Development or Noise Program Page 2 of 5 Pages II. 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 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 shalt be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. 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. For a project to replace or reconstruct pavement at the airport, the sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform with the provisions in the attached outline entitled: "Pavement Maintenance Management Program.,, FAA Form 5100-37 (10-99) Development or Noise Program Page 3 of 5 Pages 15. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as Reconstruct Runway 17R-35L Keel (11,500' x 50') Invitation to Bid (ITB) No. 97190. 16. The maximum obligation for the current fiscal year stated in Condition l 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 sponsoes 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 1998 under section 47114(c)(IXA) 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 1998. 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 Otis T. Welch, Manager 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 25th (SEAL) day of September Attest: t Title: City Secretary 19 97 City of Lubbock, Texas (Name oJ Sponsor) By: (Sponsor's Designated YiicialRepresentative) Title: Mayor CERTIFICATE OF SPONSOR'S ATTORNEY 1, non Vandivpr , 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 this 25th day of September (Signature ,19 'J� -( -'s Attorney) First Assistant City Attorney FAA Form 5100-37 (10-89) Development or Noise Program Page 5 of 5 Pages OMB Approval No. 034843043 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE SEE BLOCK 1Be 1. TYPE OF SUBMISSION ; 3. DATE RECEIVED BY STATE State Application identifier Application Ph"wiilcstion ® Construction ❑ Construction 4. DATE RECEIVED BY a eral Identifier ❑ Non -Construction ❑ Non -Construction 3-48 013&19 97 5. APPLICANT INFORMATION Legal Name Organizational Unit City of Lubbock Lubbock International Airport Address (Five city, county, state, z1u ame and teliaphGrta number of Me person to be contacted on matters lnvolvbm this application (give arse code) Route 3 Box 389 Mark Earle Director of Aviation Lubbock, Texas 79401 806-77-rr3126 6. EMPLOYER IDEN IFICA I N NUMBER (EIN): 7, TYPE OF APPLICANT: (enter appropriate letter in box) A State H Independent School. Dist. B County I State Controlled Institution of Higher Learning C Municipal J Private University D Township K Indian Tribe 8. TYPE OF APPLICATION: ® New ❑ Continuation ❑ Revision E Interstate L Individual If Revision, ❑ F Intemwnicipal M Profit Organization enter appropriate letterls) in box(es)• G Special District N Other (Specify) A Increase Award B Decrease Award C Increase Duration 9. NAME OF FEDERAL AGENCY D. Decrease Duration Other (Specriyl; Federal Aviation Administrtation, Southwest Region Fort Worth, Texas 76193-0610 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER: 1. Reconstruct RW 17R-35L Keel 01,500' x 50') TITLE; AIRPORT IMPROVEMENT PROGRAM 12. AREAS AFFECTED BY PROJECT (cities, counties, states, erc.) City of Lubbock Lubbock County, Taxes 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project 19 19 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal 55,998,361.00 a. YES THIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE b. Applicant $ TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE (see 18e) b. NO 0 PROGRAM IS NOT COVERED BY E 0 12372 c. State 0 d. Local $666,485.00 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Other f. Program Income a 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If "Yes" attach an explanation © No g. TOTAL $6,664,846.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLI A I N ARE TRUE AND CORRECT. TR DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorized Representative b. Title c. Telephone Number Debra Forte' Asst. City Manager_�806)775-2015 d. Repr entative e. Date Signed XW7 CA" 9-9-97 evaus rtrons t sa t..dwd Form(Rev. Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. MRO184 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional. or other priority rating? Priority Rating Yes ✓ No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Yes ✓ No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review IAttach Comments} in accordance with OMB Circular A-95? Yes ✓ No Item 4. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date Yes ✓ No Item 5. Is the proposed project covered by an approved Check one: State 11 comprehensive Pian7 Local ® Airport Layout Plan ✓ Yes No Regional d Location of plan Lubbock International Airport Item 6. Will the assistance requested serve a Federal installation? Name of Federal Installation Federal Population benefiting from Project Yes ✓ No Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes / No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environments' provided. Yes ✓ No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals, families, businesses, or farms? Families Businesses Yes ✓ No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes ✓ No Page 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB N0.04-R0209 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Height Hazard Zoning 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land.- (a) The Sponsor holds the following property interest in the following areas of land • which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": See Exhibit "A" an file with FAAISWDO ' State character of property interestin each area and list and identify for each a!l exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified hereby the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209 PART II - SECTION C IContinued) 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 interest. Ib) 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'. NIA (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': NIA S. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None 'State character 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 hereby the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b U. S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.84R-1084 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1 _ Federal Domestic Assistance Catalog No ................ 20.106 2. Functional or Other Breakout ................................ N/A SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $10,000 2. Preliminary expense 099,331 3. Land, structures, right-of-way 4. Architectural engineering basic fees $486,806 5. Other architectural engineering fees $318,353 6. Project inspection fees $188,039 7. Land development B. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement $5,562,317 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) $6,664,846 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) $6,664,846 20. Federal Share requested of Line 19 $5,998,361 21. Add Rehabilitation Grants Requested 1100 Percent) 22. Total Federal grant requested (Lines 20 & 21) $5,998,361 23. Grantee share $666,485 24. Other shares 25. Total project (Lines 22, 23, & 24) $ $ $6,664,846 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES THRU 7 Page 4 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.80-Ro184 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. S S b. C. d. e. f. g- Totals 8 9 SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) $666,485 d. Bonds e. Tax Levies f. Non -Cash g. other (Explain) h. TOTAL - Grantee share $666,485 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $666,485 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach - See instructions) FAA Form 5100-10 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 FAA AC 75-0232 PART V 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. 1. Airport development or Noise Compatibillty 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 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 shall remain in full force and effect duping 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 ail 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-1 C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea, d. Hatch Act - 5 U.S.C. 1501, et sea. e. Uniform 1 2elocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, at I. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. i. 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 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1954 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea. P. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea. r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea. I. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et 52% V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2 X. Drug -Free Workplace Act of 1986 - 41 U.S.C_ 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunityl Executive Order 11990 - Protection of Wetlands Executive Order 11998 - FloodPlain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Airport Assurances (06/02197) — V- I 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 ISO - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.) e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 f 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). g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 In. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by minority business enterprise in Department of Transportation programs. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.) 2 M. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance.1 n. 49 CFR Part 29 - Govemmentwide debarment and suspension (non -procurement) and governmentwide requirements for drug -free workplace (grants). o. 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. p. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.) Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-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 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 cant' 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: 1t 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. Airport Assurances (06102197) V- 2 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. I. 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 vAl be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, condhions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which 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. T. Consideration of Local Interest_ It has given fair consideration to the interest of communities in or near where the project may be located. a. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a 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. Airport Assurances (06/02/97) V- 3 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 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. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the worts. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved 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 Slates 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 sponsoris 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. Airport Assurances (0f O2197) V- 4 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 operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily dose the airport for nonaeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight attitudes) 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 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 its airport available as an airport for public use on reasonable terms and without unjust discrimination, to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing 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, fine, 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) fumish 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. 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, 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 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. Airport Assurances (0&02/97) V- 5 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 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 substantialty 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 operators facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary,- b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use 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. Airport Assurances (06/02/97) V- 6 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviabon 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. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. 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. Airpan Assurances (06/02/97) V- 7 (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 having commenced no later than December 15, 19W 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 Max 1. 1995 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 0 and E of 49 CFR Part 24. (3) It will make available wfthin 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. Airporr Assurances (06102/97) V- 8