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HomeMy WebLinkAboutResolution - 4609 - Grant Agreement - DOT, FAA - Emergency Access Roads & Runway 17L-35R, LIA - 09_22_1994Resolution No. 4609 Council Date 09/22/94 Item No. 16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement and any related documents with the United States of America, Department of Transportation, Federal Aviation Administra- tion, for construction of emergency access roads and reconstruction of runway 17L-35R and associated taxiways, which 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 herem in detail. APPROVED AS TO CONTENT: ewsome, A.A.E., Interim Director o Aviation APPROVED AS TO FORM: HWj9/0RVrA0M7fXW c &xeAuVL t 26,1994 i Resolution No. 4609 September 22, 1994 Item #16 f;) GRANT AGREEMENT U.S. Department of Transportation FOR DEVELOPMENT PROJECT Administration Federal Aviation PART I -OFFER Date of Offer: SEP 2 B W6 Airport: Lubbock International Airport TO: The City of Lubbock (herein referred to as the "Sponsor") Project No. 3-48-0138-14-94 Contract No. DOT FA 94 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 August 19, 1994, 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: Construct ARFF Roads; Reconstruct Runway 17L/35R all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. FAA Form 5100-37 (1 "9) Development or Noise Program Page 1 of 5 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, 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 (90) percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $1,685,668. 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 the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1994, 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 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached hereto. 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: 1. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of test. 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as AIP PROJECT No. 3-48-0138-14. FAA Form 5100-37 (10-89) Development or Noise Program Page 3 of 5 Pages 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 the Act, 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 (1 M9) Development or Noise Program Page 4 of 5 Pages PART H - 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 29th (SEAL) day of September Title: Attest: -aao, Betty M. Johnson Title: City serretary Mayor CERTIFICATE OF SPONSOR'S ATTORNEY I, Harold Willard , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Lubbock, Texas this o'day of ,19. Approved as to Content: 91��a (Signature of Sponsoes Attorney) Approved as to Form: Jim Newsome, A.A.E. Harold Willard Interim Director of Aviation Assistant City Attorney FAA Form 51M37 (10-89)Development or Noise Program Page 5 of 5 Pages CaAS AaprovaI 040. 03M- 043 APPL.1CATiON FOR 1. C"M swe" T[0 FEDERAL ASSISTANCE August 19 1994 t, TY►t; or susrtisiost: L CAT! Rxcrly D s/ aTAT= Stan A40 cstmn IdrntAw I bd,uton A+aaal�uhon Conauticua+ = ❑ ConitrtutiOn 4.8ATi REzima ar tytMXA.L AGtt?ICt Fsdaral t44tphM 0 No -Ca ouct1O^ ❑ NwM1-Ca"it i*n IAIP Project No. 3-48-0138-14 f s. A10UtrM? INFORNAMN LApal N&m%.. aQanustK"I utrt: City of Lubbock Lubbock International AiERort AOOraal (Orw C+4 WwRlY. Hats. and Zip Cado) ta+at *aW txxn0a Of ter paracn as Os o ntactad On R+OM" NWONV C Route 3, Box 389 fts 800hutonor.* am& cam) Lubbock, Texas 79401 Mr. Jim Newsome, A.A.E. Lubbock County Interim Director of Aviation 806-767-2036 a. aAMLM= WVn VWATION 1JUM R (tIN1' T. rt" CW APPUC.AW- Unaw appmariaa jeaw m OOij C 6 0 0 5 A. slats K, 1-V old"d eel+Od OWL 0 9 !. County L Oyu canitasad Mtatetuaon of Kom LOWTW q w+ t J. rhivels unlwaity a TM OF 41"UC nOft 0. TV6"dNq K kts , Teta (2 No- ❑ conC 4aftm O Awiaw E. k+earssato L k0wiltaN ❑ ❑ F. NO I" U ►mW 009w issoan raw antes a9 9 19 ula bersrta) in banal: Q sosdsl owo ct k cart is "Of-4. A s assaa A■wd S. Oaettiaas Aasrd G Mtc:ana OurBOW V. Oats ear Ouratron. OTter /ap+utyk L KUM A/ Room A09MCr. Federal Aviation Administration 'A C•►aws=w:i 2 ". ocs m"M Tray a ""XAK 's ► 4jc=: 0 • 1 0 6 Construct emergency access :cads - Phase II tnLE Airport Improvements Program Reconstruct Runway 17L-35R and associated taxiways u AJWM AMSCM BY PWACT OV"& CounML alibi. NGX City of Lubbock, Lubbock County, Texas is r*Oraato 0*01teT: 14. COMO lsssuoauL otsT*Cn OF. Slut OM E nV osts a AapkaM 03/01/9 08/01/95 19 19 ra. CrIVIATO IL a spoucArm Ws.itcT To armw sT vATt cmcu rtR or= in73 /mt nst a. T'ES THIS t�AEAMUCATIOWAPPUCArION WAS MADE AVALARLE TO TIDE a. Freral t 1, 685 668 '� , STATE EX ECL VE CRM r23n momm FCA REVTEw CN: DATE b Na ® Pii0ww a NOT =Vow BY LO. 12372 ❑ OR r'AOOPIAM ►iAS NOT KOd lEi.ECTEO SY STATE FOR AEV*W n AVOWW" O 190,297 40 a O&W I m 1. ►►uprart► ascot++. t 17. S TW A"UCANT OCLDQUWT ON ANT HDONL MT? .❑ Yia • f -YOL- amch an 00sewbr. ®iiO o TOTAL t 1,875,965 rL 7t! Tilt GW CP N lDinim imax AMO stLw. ALL "?A at This AA9LtCAr4ftA*L#"Ls:ATbM /Alt mq Amc cowacT. TWA oMMEW "Sam WJLT at rPOO lip sY TW OCYCO NO MOOT OF TM APPUCA fT AM T149 ApoUCAM vnL C'pY*LT WrrW MI ATTACH= AssUPAUM V VW AsstaTAMM IS A1aAR010 a. TV90 Nwo of AutAQulsd PAW ammstrm t TRts c. TilaphaM %010@qr Mr. Jim Newsome, A.A.E. Interim 806-767-2036 rt Soptaru" of Asp,ssanum" s Osw Sqnsd ca<uona ussow unoaru wm • 4 , c� aie, yr auvoW a cue c„c.I4. A. »r Authorized for Local Reproduction DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION P A R.T .,I I 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 Yesx_No Item 2. Does this assistance request require State, or local Nome of Agency or advisory, educational or health clearances? Board Yes _x _ No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? Yes _X No Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Nome of Approving Agency Date owe NO ep•op�s� Item S. Is the proposed project covered by an approved Check one: State comprehensive plan? Local Regional Yes X No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes ___X___No Federal Population benefiting from Project item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federa! Land Yes X No Percent of Project Item S. Will the assistance requested have on impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes __X_ No Forms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes x No FAA Form 5100.1DO 16.73) SUPERSEDES FAA FORM 5100.10 PAGES 1 TMRu,7 a Page 2 DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.oa.a0209 PART II • SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Adopted Airport Hazard Ordinance Adopted Airport Master Plan 2. Defaults. —The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. —There are no facts or circumstances (including the existence of effective or proposed 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 urn• out and complete the Pro'ect or carry out the provisions of Part V of this Application, either by limiting its legal or financial abiiity or otherwise, except as follows: None 4. Land. —(a) The Sponsor holds the foliowing property interest in the following area` 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 taIafis=ae:, am ad property map designated as Exhibit "A" Fee, simple title free. and clear of any exception, encumbrance, or outstanding interest which would interfere with use of the land's surface or the airspace above it for (A).airport or air navigation purposes, or, when no longer needed for such purposes, for (B) any other .p.urpose, use or disposition authorized or required by Attachment N to OMB Circular A-102 See Attached Exhibit A *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here b_r the area numbers shown on the property map. FAA Form 5100-100 t4.76l , Pape 3a DEPARTMENT OF TRANSPORTATION — FEDnAL AVIATION ADMINISTRATION omeN0.a4•Ra?09 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or titir company and that such attorney or title compam has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a rea.;onable time. but in am event prior to the start of any construction work under the Project. the following property intent in the fullowing arras of land* on which such construction work is to be performed. all of which areas are identified on the aforementioned property map designated a• Exhibit "A": N/A (c) The �ponior will acquire within a rea-unable time, and if feasible prior to the completion of all construction work under the Project. the following property interest in the folio%ing srra- of land` which are to be developed or used a= part of or in connection with the airport as it will lee upon completion of the Project. all of which areas are identified on the aforementioned property map designated as Exhibit **A": N/A S. Exclusive RiEhts.—There it no grant of an exclusive right for the conduct of am aeronautical activity at any airport o%n•tl or controlled by the bponsor except as follow=: None *State character of property interest to each area and list and identify for each all exceptions, encumbrances, and adrerse tntere5t. 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) 6 Page 3b I • fy,t•„ ;.r.r J I.4-m-f3OHTA110N -FEDERAL AVIATION ADMINISTRATION """"' "' '�'• PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Feaeral Domestic Assistance Catalog No........... . 2. Functional or Other Breakout .................... — SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment r or (-I 1. A,; radon expense 2. Prel: rr :pry expense 3. Lanu,!tructures, right-of-way S S S 1:1000 0 0 4. Aichrtectr.ral engineering basic fees 75,146 5. Other architectural engineering fees (surveying & Testing) 76,500 S. Project inspection fees 48,100 7. Land development 0 18. Relocation Expenses 0 9. Relocation payments to Individuals any Businesses 0 110. Demolition and removal 0 11. Construction and project improvement 1,675,219 12. Equipment 0 13. Miscellaneous 0 14. Total (Lines 1 through 13) 1,875,965 15. Estimated Income (if applicable) 0 r 16. Net Project Amount (Line 14 minus 15) - 1,875,965 17. Less: Ineligible Exclusions (Insurance) 3,000 18. Add: Contingencies 0 19. Total Project Amt. (Excluding Rehabilitation Grants) 1,872,965 20. Federal Share requested of Line 19 1,685,668 21. Add Rehabilitation Grants Requested (100 Percent) 0 22. Total Federal grant requested (Lines 20 & 21) 1,685,668 23. Grantee share 190,297 24. Other shares 25. Total project (I irwt 22, 23 & 24) S S S1,875,965 . FAA Form 5100.100 (6 731 SUPERSEDES FAA FORM S100 -10 PAGES 1 TNRU 7 Pogo A DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 0-8 NC s, s .. _ SECTION C — EXCLUSIONS 26 Classification Inoligiblc for Participation 1 Eaclwdod IroT ContinQwncy Provision a. Insurance Policy s 3,000 S b c d. q. Totals 3,000 S SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE t 27. Grantee Share S 190,297 a. Securities 0 b. 61ortgages 0 c. Appropriations (By Applicant) 190,297 d. Bonds 0 4 e. Tax Levies 0 i f. Non Cash 0 g. Other (Explain) 0 h. TOTAL —Grantee share 190,297 l I 28. Other Shares 0 a. State b. Other c. Total Other Shares 29. TOTAL S 190,297 SECTION E — REMARKS I PART IV PROGRAM NARRATIVE Attach — See Instructions FAA Form 5100.100 wi:ii SUPERSEDES FAA FORM S100-10 PAGES 1 TNRU 7 a P09e 5 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 to airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement Act of 1982, as amended, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term public agency sponsor means a public agency with control of a public -use airport; the term private sponsor owner of a public - use airport; and the term sponsor includes public 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 as specified in the assurance. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years from the date of the acceptance of Federal aid for the project. 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. Federal Aviation Act of 1958- 49 U.S.C. 1301, r1• b. Davis -Bacon Act - 40 U.S.C. 276(a), SS =.1 c. Federal Fair Labor Standards Act of 1938 - 29 U.S.C. 201, rd d. Hatch Act - 5 U.S.C. 1501, c1 fig.' e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970- 42 U.S.C. 4601, ram.'"'"' f. National Historic Preservation Act of 1966- Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974- 16 U.S.C. 469 through 469C.' h. Flood Disaster Protection Act of 1973- Section 102(a) .42 U.S.C. 4012a.' i. Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4. k. Aviation Safety and Noise Abatement Act of 1979, 49U.S.C. 2101, g1 jq. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, rd =. m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, ra=Q.' n. Airport and Airway Improvement Act of 1982, as amended- 49 U.S.C. 2201, 11. o. Powerplant and Industrial Fuel Use Act of 1978- Section 403 - 2 U.S.C. 8373.' p. Contract Work Hours and Safety Standards Act- 40 U.S.C. 327, r1 SSSiA•' q. Copeland Antikickback Act - 18 U.S.C. 874.' r. National Environmental Policy Act of 1969- 42 U.S.C. 4321,;1 St$•' s. Endangered Species Act- 16 U.S.C. 668(a), SS M.' t. Single Audit Act of 1984 - 31 U.S.C. 7501, r1 iili4•' u. Drug -Free Workplace Act of 1988- 41 U.S.C. 702 through 706. Executive Orders. Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructioh Airport Assurances (7-94) Page 1 of 10 ASW-PP-A-1 Federal Regulations. a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments'. b. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964. c. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation programs. d. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally assisted Programs.1 and = e. 49 CFR Part 27 - Non -Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' L 49 CFR Part 29 - Debarments Suspensions and Voluntary Exclusions. g. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. h. 29 CFR Part I - Procedures for Predetermination of Wage Rates! i. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S.' j. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Constructiod. k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements)' I. 14 CFR Part 150 - Airport Noise Compatibility Planning. in. 49 CFR, Part 41 - Seismic safety of Federal and Federally assisted or regulated new building constructiod. n. 49 CFR, Part 20 - New restrictions on lobbying. Office of Management and Budget Circulars (OMB). a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Govemmcn& b. A-128 -Audits of State and Local Governments? ' These laws do not apply to airport planning sponsors. = These laws do not apply to private sponsors. ' 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federal assistance. Any requirement levied upon State and local governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carryout 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 the application; and to provide such additional information as may be required. 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. 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. At will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. Airport Assurances (7-94) Page 2 of 10 ASW-PP-A-1 b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions, and assurances contained in this 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 noncompliance 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 noncompliance 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 ensure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall ensure 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 public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. 7. Consideration of Local interest. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which the 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 the 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. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project from the governing body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport. 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under Section612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. Airport Assurances (7-94) Page 3 of 10 ASW-PP-A-I 13. Accounting System, Audit, and Recordkeeping Requirements a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1994. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a--276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veterans Preference. It shall include, in all contracts for work on any projects funded under the grant agreement which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and Schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in 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 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 UnitedStates 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 (7-94) Page 4 of 10 ASW-PP-A-I 19. Operation and Maintenance. a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for nonacronautical purposes must first be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for- (1) Operating the airports 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 the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make its airport available as an airport for publiouse on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses. b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to— (1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor maybe allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other ftxedbased 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 fixedbased 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 which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classifications or status. Airport Assurances (7-94) Page 5 of 10 ASW-PP-A-1 f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. 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 persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurances 22 and 23 for the facilities and services being provided the airport users which will make the airport as sell'sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the.volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning, or noise compatibility project for which a grant is made under the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. 25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. A report of the airport budget will be available to the public at reasonable times and places. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or Airport Assurances (7-94) Page 6 of 10 ASW-PP-A-1 b. The total number of movements (counting each landing as a movement) of government aircraft is 300 or more, or the gross accumulative weight of government aircraft using the airport (the total movements of government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as - provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing (I) 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 plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any Federally 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, when the land is no longer needed for such purposes, dispose of such land at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost 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 (other than noise compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land, will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 1, 1987, was notified by the operator or owner of the use of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced not later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with the operation of the airport. Airport Assurances (7-94) Page 7 of 10 ASW-PP-A-1 32. Engineering and Design Services. It will award each contract, or subcontract 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 1X 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 Restriction. 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 each foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars for AIP Projects," dated August 1,1994, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. Airport Assurances (7-94) Page 8 of 10 ASW-PP-A-I CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Updated On: August 1, 1994 NUMBER SUBJECT 70/7460-1H CHG 1 & 2 Obstruction Marking and Lighting 150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5210-51) Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-713 Aircraft Fire and Rescue Communications 150/5210-14 Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue and Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5220-413 Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10A Guide Specification for Water/Foam Type Aircraft Rescue and Firefighing Vehicles 150/5220-13B 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 Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments 150/5300-13 CHG 1, 2, & 3 Airport Design 150/5300-14 Design of Aircraft Deicing Facilities 150/5300-15 Use of Value Engineeing for Engineering Design of Airport Grant Projects 150/5320-SB Airport Drainage 150/5320-6C CHG 1 & 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 150/53254A CHG 1 Runway Length Requirements for Airport Design 150/5340-1G Standards for Airport Marking 150/53404C CHG 1 & 2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems 150/5340-513 CHG 1 Segmented Circle Airport Marker System 150/5340-14B CHG 1 & 2 Economy Approach Lighting Aids 150/5340-17B Standby Power for NonFAA Airport Lighting Systems 150/5340-18C CHG 1 Standards for Airport Sign Systems 150/5340-19 Taxiway Centerline Lighting System 150/5340-21 Airport Miscellaneous Lighting Visual Aids 150/5340-23B Supplemental Wind Cones 150/5340-24 CHG 1 Runway and Taxiway Edge Lighting System 150/5340-27A Air -To -Ground Radio Control of Airport Lighting Systems 150/5345-3D Specification for L-821 Panels for Remote Control of Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-71) CHG 1 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26B CHG 1 & 2 Specifications for L-823 Plug and Receptacle, Cable Connectors 150/5345-27C Specification for Wind Cones Assemblies 150/5345-28D CHG 1 Precision Approach Path Indicator (PAPI) Systems 150/5345-39B CHG 1 FAA Specification L-853, Runway and Taxiway Centcrline Retroflective Markers 150/534542C CHG 1 Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/534543D Specification for Obstruction Lighting Equipment 150/5345-44E Specification for Taxiway and Runway Signs 150/5345-45A Lightweight Approach Light Structure 150/534546A Specification for Runway and Taxiway Light Fixtures 150/534547A Isolation Transformers for Airport Lighting Systems 150/534549A Specification L-854, Radio Control Equipment Airport Assurances (7-94) Page 9 of 10 ASW-PP-A-1 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS (Continued) NUMBER SUBJECT 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) 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12 Airport Signing and Graphics 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2C Operational Safety on Airports During Construction 150/5370-613 Construction Progress and Inspection Report -Airport Grant Program 150/5370-10A CHG 1-7 Standards for Specifying Construction of Airports 150/5370-11 CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5390-2A Heliport Design 150/5390-3 Vertiport Design Airport Assurances (7-94) Page 10 of 10 ASW-PP-A-1 19 W-n U.S. Department of Transportation Federal Aviation Administration The Honorable David Langston Mayor of Lubbock P.O. Box 2000 Lubbock, TX 79457-0001 Dear Mayor Langston: Southwest Region Fort Worth, Texas 76193-0000 Arkansas, Louisiana, New Mexico, Oklahoma, Texas Enclosed are the original and one copy of the Grant Offer for Project No. 3-48-0138-14-94 at Lubbock International Airport, Lubbock, Texas. Please accept by resolution of the governing body of the city and return the original to this office before September 30, 1994. The copy is for your files. Note that the Attorney's Certificate should not be dated prior to the acceptance date. The Sponsor's Assurances which you submitted with your application have been replaced with new Sponsor's Assurances dated 7-94 and are incorporated in this Grant Agreement. We especially direct your attention to Assurance No. 25, "Airport Revenue." By acceptance of this grant offer, you are assuring the Federal Government that all airport revenues are being used only for airport purposes or other transportation purposes identified in this assurance. This applies to aeronautical lease revenue as well as nonaviation uses of airport property, such as industrial, recreational, or agricultural. If you have any questions about the applicability of this provision, please contact us. Sincerely, Otis T. Welch Manager, Texas Airport Development Office Enclosure (2) Airports Division, Texas Airport Development Office, Fort Worth, TX 76193-0650, (817) 222-5650 - TOGETHER WE SUCCEED - 2 CC: Mr. Jim Newsome, A.A.E. Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, TX 79401