HomeMy WebLinkAboutResolution - 2301 - Grant Agreement - FAA - Maintenance Building, Etc., LIA - 04_24_1986Resolution #2301
April 24, 1986
Agenda Item #22
MH:js
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 between the City of Lubbock and the FAA for construction of
Airport Field Maintenance Building, acquisition of a Rapid Intervention
Vehicle, and a Joint & Crack Seal of existing concrete, attached herewith,
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 Reso-
lution as fully copied herein in detail.
Passed by the City Council this 24th
ATTEST:
anett-6 uoyd, city 5ecre
APPROVED AS TO CONTENT:
Marvin Coffee, ✓Didkctor of Aviation
APPROVED AS TO FORM:
Mich le Hart, Assistant City
Attorney
day of April , 1986.
B. C. McMINN, MAYOR
Resolution #2301
U.S. Department
of Transportation
Federal Aviation
Administration
16 APR 1986
The Honorable Alan Henry
Mayor of Lubbock
P.O. Box 2000
Lubbock, TX 79457
Dear Mayor Henry:
AIRPORTS DISTRICT OFFICE
2930 Yale, SE., Room 109A
Albuquerque, NM 87106
Enclosed are the original and a copy of a Grant Offer under which
the Federal Aviation Administration proposes to assist in specified
improvement at your airport. Please execute both, have your attorney
complete the certificate as shown, and return the original to us.
Please note that this Grant Offer must be accepted on or before
May 30, 1986.
Sincerely,
Weston R. Hampton
Manager, Airports District Office
Enclosure
cc:--w/page 1 of GO
Mr. Wilkins
936 a
of
1966 50 Year of Air Traffic Control Exceftence
--+ — A Standard for the World —
Resolution #2301
fielww
U.S Department
of Transportation
Federal Aviction
Administration
Page 1 of 5 pages
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
TO: City of Lubbock, Texas
Part 1-Offer
Date of Offer: 16 APR 1986
Airport: Lubbock International Airport
Project No. 3-48-0138-06
Contract No. DOT-FA86SW-8851
(herein referred 'to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration,
herein referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application ( also called
an Application for Federal Assistance) dated March 20, 1986 , 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 maintenance and storage building for safety/snow
removal equipment including ramps and drives; clean and seal
P.C.C. pavement joints in terminal ramp, service road and
Taxiways A, C, F, G, K, L, N, R, S and a portion of J and M,
acquire rapid intervention CFR Vehicle.
all as more particularly described in the property -map and plans and specifications incor-
porated in the said Application for Federal Assistance.
WHEREAS, this project will not be completed during fiscal year 1986 and
the total estimated cost of completion will be $3,236,740.
FAA Form 5100-37 (10-W Development or Noise Program
Page 2 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, 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,
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 $ 2,913,066 . For the purposes of
any future grant amendments which may increase the foregoing
maximum obligation of the United States under the provisions of
Section 512(b) of the Act, the following amounts are being
specified for this purpose:
$ for land acquisition
$ 2,913,066 for airport development or noise program
implementation (other than land acquisition).
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.
Unless otherwise stated in this grant agreement, any program income
earned by the sponsor during the grant period shall be deducted
from the total allowable project costs prior to making the final
determination of the United States share. 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.
FAA Form 5100-37 (10-84) Development or Noise Program
Page 3 of 5 pages
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 May 30, 1986 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 per-
taining 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, and the sponsor shall hold the
United States harmless from all claims arising from, or related to,
completion of the project or the sponsor's continuing compliance with
the terms, conditions, and assurances in this grant agreement.
9. The property map referred to on Page 1 of this Grant Agreement
is the Property Map, Exhibit A, incorporated in AIP Project No.
3-48-0138-04.
10. The plans and specifications referred to on Page 1 of this Grant
Agreement are the plans and specifications approved by the FAA on
February 11, 1986.
FAA Form 5100-37 (10-84) Development or Noise Program
Page 4 of 5 pages
11. This Offer is made on and subject to the following terms and
conditions:
Notwithstanding the provisions of Standard Condition No. 1 above,
the maximum obligation of the United States payable at this time
under the Offer shall be $1,581,841 from funds appropriated for
Fiscal Year 1986 under the Airport and Airway Improvement Act of
1982.
12. Pursuant to Section 512 of the Airport and Airway Improvement Act,
and at the Sponsor's request, the FAA does hereby commit 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, not
to exceed the apportionment made to the Sponsor for Fiscal Year 1987
pursuant to Section 507(a)(1) of said Act, and subject to the
restrictions now or hereafter imposed on the FAA on use of such
apportionment by, but not limited to, Appropriation Acts now or
hereafter enacted. The exact amount of this commitment will be
established in an amendment to this grant that will be duly executed
by the parties hereto when such computation and obligation can be
made in Fiscal Year 1987. It is further understood by the parties
hereto that this commitment does not in itself obligate, preclude
nor restrict the FAA in the use of any funds made available for
discretionary use under Section 507 of said Act to further aid the
Sponsor in meeting the cost of this project under the terms of this
agreement and limitations of law.
Page 5 of 5 Pages
'r
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
(Title) Manager, Albuquerque Airports District Office
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 24th day of April , 19 86
City of Lubbock, Texas
(Name of Sponsor)
(SEAL) (Sponsor s Designated Official Representative)
Title B. C, McMINN, MAYOR
Atte
Title: Ranette Boyd, City Secreta y
I, Michele Hart
CERTIFICATE OF SPONSOR'S ATTORNEY
,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
, 19 86
*Wl4 Yfd L3 1
Signatli of Sponsor's Attorney
FAA Form 5100-37 (10-84) Development or Noise Program
this 24th day of April
FEDERAL ASSISTANCE
OF
t. TYPE
❑ NOTICE OF IKMW (OPTIO "Q
SUBMISSION
i (AVar# y ❑ P:IEAPPUCATION
p.alwiatr ® APPLICATION
2. APPLI• a NUMBER 3. STATE a NUMBER
CANTS APPLI-
APPLI• CATION
CATION IDENTI.
FIERY b. DATE Norr• To or
re.r "A d. ASSIGNED
AST10r2D
10 86 03 20 °Y srATE
LdoK
Blank
OUB Approval No. 03ag-0
rrr wawrk day
,9
4. LEGAL APPLICANT/RECIPIENT (
S. EMPLOYER IDENTIFICATION NUMBER (EIN)
a.ApokamNaM City of Lubbock
75-6000590
b.OrvW=bon Uret Lubbock International Airport
ts.
a Sar"wP.O. saw Route 3, Box 389
PRO.
a NUMBER 12 1 0 (• , 1 10 61
tLOny Lubbock a. Co-" •: Lubbock
L Sta o Texas 0. tIP Coda 7 940 1
(Fmm CFDA)
MULTIPLE ❑
b• TIITLE
IL Contact Parson (Name Marvin W . Coffee
A relophameNa) 806 762-3925
1 AIP
7. TITU OF APPLICANT'S PROJECT (Uso secton N d ties form to pvrlda a aumrtwy dosapnon of a*
w. P E OF APPUCAN IRECi�
- a
ooisc I. Construct maintenance building
.. .: ..
M1-Awmn K.COwweMr #-am -0-"
s
II. Acquire -Rapid Intervention Vehicle.
III. Seal Joints and Cracks in Concrete Pavement
`-.O.,.ap•v>r
5
(Apron and Taxiways)
Mwa
~ EAWOPPArmtelerz►�
0
9. AREA OF PROJECT IMPACT (Name alabdt eoan um stuns etc)
10. ESTIMATED NUMBER
11. TYPE OF ASSISTANCE
OF PERSONS BENEFITING
' `- ` 0-4.
Lubbock County
250,000
`� r� ~� ;��u
ix
ti PROPOSED FUNDING
13. CONGRESSIONAL DISTRICTS OF:
14. TYPE OF APPLICATION
._A...r a-< �.w++ e a
t FEI L
S 2 9 94 0 400 '
a APPUCANT
tL PROJECT
CAM 332 , 6700o 19 - 19 17. TYPE 00 /,K^WA (A- 1k � 141
�oftm
rTr- - - .00 1& PROJECT START I& PROJECT. 0
:AL -0- 00 DATE rev w.owd dry DURATION
_0_ �,1986 05 01 ,.� 12 �Adna� f„r
DER 18. DATE DUE TO red► 'mwrk �r P�eea AWN"
Total s 3,326,704001 FEDERAL AGENCY N' 1986 03 31
t9. FEDERAL AGENCY TORECEWEREOUESr DOT, Federal Aviation Administration
a ORGANLZATIONAL UNIT (IF APPROPRIATE) b. ADMINISTRATIVE CONTACT (IF KNOWN)
DOT/FAA ABQ ADO j Fred 0. Gurule
c ADDRESS
Federal Aviation'Administra,tion, Airports District Office
2930 Yale, S.E., Room'109A, Albuquerque; New Mexico 87106.
ZZ To aw bast of my knowladga and bent, a YES. THIS NOTICE OF 1 NT/PR PPLICATION/APPLICATION WAS MA
THE data h v" D Ibn/apPftaoon EXECUTNE ORDER 12372 PROCESS FOR REVIEW ON:
APPLICAWT we VW and eoffwL 00 doourra t has DATE
C$RTIMES be- duly *A-U-d by a►a 9--of q
THATw body of TW 400"nt and V* $00cw" �t
wit cortpy with 9" attaetnd sou -so tL NO. PROGRAM IS NOT CCVEESEO BY ED. 12372 tau
N aw aasetanm is atrptwad OR PROGRAM HAS NOT BEEN SELECTED SY STATE FOR REVIEW ❑
23. a TYPO NAME AND TITLE IL SIGNATURE
CEPRE�G Marvin W. Coffee
6
SIE TAT7VE Director of Aviation //C�.
24. APPUC %- raw .wd day
25. FEDERAL APPLICATION IDENTIFICATION NUMBER
26. FEDERAL GRAM
TION
RECEIVED 10
27. ACTION TAKEN 121L
FUNDING
rev awwrk day
O a AWARDED
29. ACTION GATE► 19
O tL REJECTED
O t RETURNED FOR
AMENDMENT
a FEDERAL
S .00
31. CONTACT FOR ADDITIONAL INFORM^•
TIbN (Name and telrpkene mw bwd
tL APPUCANT
.00
0 d. RETURNED FOR
EO. 12272 SUBMISSION
r- STATE
.00
tL LOCAL
.00
BY APPLICANT TO
STATE
a. OTHER
t10
0 a. DEFERRED
it TOTAL
IS .00
O L WRHDRAWN
SN 7S40411-005-8162
4EV10US EDRION
NOT USABLE
20. EXISTING FEDERAL GRANT
IDENT1Fr-k1nON NUMBER
3-48-0138-06
• s ..
LVJ• rmr mwM date
STARTWG
DATE 19
32. raw wwrk date
ENDING
DATE 19
XL REMARKS ADDED
11 Yes 11 NO
S iANUARD FORM 424 PAGE I (Rev. 4-$ )
ppewnbed by OMB GMV14r A• 102
DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL_ INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
—Yes—X No
Item 2.
Name of Governing Body
Priority Rating ___
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes X— No (Attach Documentation)
Item 8.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
Yes _X— No
OMB NO. 80-RO184
Item A.
Does this assistance request require State, local, Name of Approving Agency _ __—�—_—
regional or other planning approvol? Date
_Yes X__ No
Item 5.
Is the proposed project covered by an approved Check one: State r !
comprehensive plan? Local X
Regional
X Yes No Location of plan __—..._. Lubbock,.._Tex3s ,
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 Federal Land__—___._____.___.....-.
Yes X No Percent of Project
Item 8.
Will the assistance requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes —_ X No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals families, businesses, or farms? Families
Businesses
----,Yes ..--X__ N—o Forms
Item 10. �-- _.
Is there other related Federal assistance on this See instructions for additional information to be
project previous, pending, or anticipated? provided.
_— Y e s_ X___- N o
FAA Form 5100-100 16-73? SUPERSEDES FAA FORM 5100-10 PAGES 1 THFU7 Page 2
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB No. 04-RO209
PART II SECTION C
The Sponsor herehy represents and certifies as follo,�Vs:
I. Compatible band Use. --The tiponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
Adopted Airport Hazard Zoning Ordinance
Adopted Airport Master Plan
2. Defaults. - The Sponsor is not in default on an,, obligation tci 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 circumstance. (including; the existence of effective or proposed leases, use
agreements or other Iegal instrument.., affecting; use of the ;airport or the existence of pending litigation or other legal proceedings)
which in reasonable prohahility might make it impossihle for the sponsor to carry out and complete the Project or carry out the
provisions of Part V of this Application, either by limiting it, legal or financial ahility'or otherwise, except as follows:
None
•1, I,and_(a) The sponsor holds the following; property interest in the following areas of land which are to he developed
or used a., part of or in connection with the Airport, all of which areas are identified on the aforerrcentionr•cl property map
desi'hated as Exhihit "A ":
(1) Fee surLple title free and clear of any exception, encumbrance, or out-
standing interest which would int::?rrere 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 purpose, use or disposition authorized or required by
Attachment N to OMB Circular A-102, to
See Attached Exhibit A
(2) Easements to *
* Identify by TRACT PARC'EI, IAT, and NUMBER as shaven in Exhibit "A". If "none", so state.
No additional reference to Exhibit "A" needed.
FAA Form 5100-100 (4--76) Page 3a
A- WFifJ (Jan/79 )
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB No. 04-RO209
11MU' ll - SECTION C (CoWitmed)
'I•hc Sponsor further certifies that tilt, above i, based on a tills• examination by a qualified attorney or title company and that
such attorney or title eonrpanc has determined that the sponsor holds the above property interests.
(b) I by sponsor will acquire within a reasonable time, but in :ury eve"t prior to the start of any construction work under
111c t'roje•c•t, the folloerin property interest in the folloiviii, areas of land on which smelt construction work is to he performed,
all of cchirh arras are identified) on the aforementioned property rnap designated as 1•:xhibit •`,\":
(1) Fee simple title free and clear of any exception, encumbrance, or out-
standing 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 pin -pose, use or disposition authorized or required by
Attachment N to alB Circular A-102, to *
None
(2) Easements to *
None
(c) 'file. 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
co,nneclion 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".
(1) Fee simple title free and clear of any exception, encumbrance, or out-
standing 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 purpose, use or disposition authorized or required by
Attachment N to OMB Circular A-102, to *
N/A
(2) Easements to *
None
5. I�,xclusive (tights. '11wre is no grant of an 4-xclusive right for the conduct of any aeronautical activity at any airport owned
or controlled Icy the sponsor except as (Tollows:
* Identify by TFACT PARCEL LOT, and NUMBER as shown in Exhibit "A". If "none", so state.
No additional reference to Exhibit "A" needed.
FAA Form 5100-100 (4-76) Page 3b
ASWRO (Jan/79 )
DEPARTMENT OF TRANSPnRTATrnN _ PEnBRAI AVIATInY ♦nU1U)CTOATtnU
0ma NA- Ra-RO.A
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No. . . . . . . . . . . . . 20.106
2. Functional or Other Breakout .................... AIP
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
_
Adjustment
+ or (-)
1. Administration expense
$
$
$ 1,000
2. Preliminary expense
—0-
3. Land,structures, right-of-way
—0-
4. Architectural engineering basic fees
182,573
5. Other architectural engineering fees
27,500
6. Project inspection fees
46,000
1. Land development
—0-
8. Relocation Expenses
—0-
9. relocation payments to Individuals and Businesses
—0-
10. Demolition and removal
—0-
11. Construction and project improvement
2,729,667
12. Equipment
250,000
13. Miscellaneous
—0-
14. Total (Lines l through 13)
3,236,740
15. Estimated Income(if applicable)
-0-
16. Net Project Amount (Line 14 minus 15)
3,236,740
11. Less: Ineligible Exclusions
—0-
18. Add: Contingencies
—0-
19. Total Project Amt. (Excluding Rehabilitation Grants)
3,236,740
20. Federal Share requested of Line 19
2,913,066
21. Add Rehabilitation Grants Requested (100 Percent)
—0-
22. Total Federal grant requested (Lines 20 & 21)
2,913,066
23. Grantee share
323,674
24. Other shares
—0-
25. Total project (Lines 22, 23 & 24)
$
$
$ 3,236, 740
FAA Form 5100-100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 P-- A
-DEPAP.TMENT CF TPAMSPOPTATION • PECERAL AVIATION A�u.lri
0 -.1 _ .- EJ-^,-1
SECTION C — EA CLUSiONS
26
Classif.cb!ior.
-
_
I lneligib;e for
i Fort is ip Cl iOn
tl)
I Erc;uoed from
[On!ina—cy Pr Ovision
f21
1¢
1
`
b
I
I
I
1
--
I
e.
f-
(g-
- Totols IS
I
iS —�--
SECTION D. —PROPOSED METHOD OF,FINANCING NON-FEDERAL SHARE
27. Grantee Share
a. Securities
b. klortaages
c. Appropriations (By Applicant)
d. Bones
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL — Grantee share
22. Other Shares
a. State
b. Other
e, Total Othei Shares
29. TOTAL
SECTION E — REMARKS
S
332,670
S 332,670
PART IV PROGRAM NARRATIVE (Attach — See (nstruction0
FAA Form 5100.100 `5-73� SUPERSEOcS FAA FORM SIOO-10 PAGES 1 THRU 7 _
Page 5
FAA AC 75-0232
PART V
ASSURANCES
(Public Agency Sponsors of Development or Noise Program Projects)
A. GENERAL.
1. These assurances shall be complied with in the performance of the following grant agreements:
Airport development and noise program implementation 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 or the Aviation Safety and Noise
Abatement Act of 1979. This set of assurances includes only those assurances which are applicable to a sponsor
wbo is a public agency with control of a public -use airport.
3. Deleted.
4. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part
of the grant agreement.
B. DURATION AND APPLICABILITY.
Airport Development or Noise Program Implementation 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 program
implementation project, or throughout the useful life of the project items installed within a facility under a
noise program implementation 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 Pinds. Furthermore, the duration of the Civil Rights assurance shall be as specified in
the assurance.
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, guide -Lines and requirements as they relate to the application, acceptance and use of Federal
funds for this project including but not limited to the following:
Federal Legislation
a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et secs .
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.
c. Federal Fair Labor Standards Act of 1938 - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et sec.
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601,
et se.
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
g.r 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 d-4.
k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et she .
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et secs .
m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq.
n. Airport and Airway Improvement Act of 1982 - 49 U.S.C. 2201, et secs .
o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373.
p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et spec.
q. Copeland Antikickback Act - 18 U.S.C. 874.
r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sec..
a. Endangered Species Act of 1973 - 16 U.S.C. 668(a), et seq.
t. Single Audit Act of 1984 - 31 U.S.C. 7501, et secs .
Executive Orders.
Executive Order 12372, Intergovernmental Review of Federal Programs.
Federal Regulations.
a. 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.
b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation
Programs.
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 6
c. 49 CFR Part 25 - Relocation Assistance and Land Acquisition for Federal and Federally Assisted
Programs.
d. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.
e. 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.
f. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction.
g. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance.
h. 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.
Office of Management and Budget Circulars.
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-102 - Uniform Requirements for Assistance to State and Local Governments.
c. A-128 - Audits of State and Local Governments.
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.
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.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which
is 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.
For noise program implementation 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 program implementation 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 program implementation 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 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 program implementation 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.
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 7
d. For noise program implementation 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. Deleted.
f. If an arrangement is made for management and operation of the airport by any agency or person other
than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to
insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement
Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure
that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of
submission of this application) of public agencies that are authorized by the state in which the project is
located to plan for the development of the area surrounding the airport. For noise program implementation
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 the 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. It shall, when requested by the
Secretary, submit a copy of the transcript of such hearings to the Secretary.
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. Deleted.
12. Terminal Development Prerequisites. For projects which include terminal development at a public
airport, it has, on the date of submittal of the project grant application, all the safety equipment required
for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security
equipment u'equired by rule or regulation, and has provided for access to the passenger enplaning and deplaning
area of such airport by passengers enplaning or deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is
given or used, and the amount and nature of that portion of the cost of the project supplied by other sources,
and such other financial records pertinent to the project. The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the U.S. General Accounting
Office publication entitled Guidelines for Financial and Compliance Audits of Federally Assisted Programs.
b. It shall make avail -able 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.
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 8
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 insure that, in the employment of labor
(except in executive, admininstrative, 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. Deleted.
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. 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 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 program implementation items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the
airport 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 '"or noise program implementation, it will not cause or permit any change in land
use, within its jurisdication, -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 Nondiscrimation.
a. It wilt_ make its airport available as an airport for public-uee on fair and reasonable terms and
without unjust disc:-lmination, 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 provision requiring the
contractor --
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 9
(1) To furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
thereof, and
(2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service,
provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or
other similar types of price reductions to volume purchasers.
c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same
or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees,.rentals, and other charges 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 combined passenger and cargo flights or all cargo flights. Classification or status
as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on tenant air carriers.
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: (1) It would be unreasonably costly, burdensome, or impractical for more
than one fixed -based operator to provide such services, and (2) 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 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 act:vity, 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
self-sustaining as possible under the circumstances existing at that particular airport, taking into account
such factors as the volume of tr,ffic 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 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 related
to the actual tranetportation of passengers or property. Provided, however, that if convenants or assurances in
debt obligations previously issued by the owner or operator of the airport, or provisions 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 shall not apply.
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 10
26. Reports and Inspections. It will submit to the Secretary such annual or special financial and
operations reports as the Secretary may reasonably request. 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 program implementation projects, it will also make records and
documents relating to the project and continued compliance with the terms, conditions, and assurances of the
grant agreement including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request.
27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with
Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for
use by Government aircraft in common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft
will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the
Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that --
a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of government aircraft is 300
or more, or the gross accumulative weight of government aircraft using the airport (the total movements of
government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities, or weather -reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings
of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at
Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made
available as provided herein within four months after receipt of a written request from the Secretary.
29. Air ort Layout Plan. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all
offeite areas owned or controlled by the sponsor for airport purposes and purposed 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 alteraticns in the airport or in any of its facilities other than in conformity with the airport
layout plan as so approved by the Secretary if such changes or alterations might adversely affect the safety,
utility, or efficiency of the airport.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the
grounds ofirace, 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 the Federal
financial assistance is to provide, or is in the form of personal property or real property or interest therein
or structures or i.morovements thereon, in which case the assurance obligates the sponsor or any transferee for
the longer of the following periods: (1) the period during which the property is used for a purpose for which
Federal financial a;3sistance is extended, or for an purpose involving the provision of similar services or
benefits or (2) the period during which the sponsor retains ownership or possession of the property.
FAA Form 5100-100 (10-85) Development or Noise Program - Public Sponsor Page 11
ASSURANCE 31
Policies, Standards, and Specifications. It will carry out the project in accor-
dance with policies, standards, and specifications approved by the Secretary
including but not limited to the advisory circulars listed below, and in accor-
dance with applicable state policies, standards, and specifications approved by
the Secretary.
Number Subject
70/7460-1G
Obstruction Marking and Lighting
150/5200-23A
Airport Snow and Ice Control
150/5210-5A
Painting, Marking, and Lighting of Vehicles Used on
an Airport
150/5210-7B
Aircraft Fire and Rescue Communications
150/5210-10
Airport Fire and Rescue Equipment Building Guide
150/5210-14
Guide Specification --Airport Firefigher Protective
Clothing
150/5220-4A
Water Supply Systems for Aircraft Fire and Rescue
Protection
150/5220-10
Guide Specification for Water/Foam Type Aircraft Fire
and Rescue Trucks
150/5220-11
Airport Snowblower Specification Guide
150/5220-12
Airport Snowsweeper Specification Guide
150/5220-13A
Runway Surface Condition Sensor --Specification Guide
150/5220-14A
Airport Fire and Rescue Vehicle Specification Guide
150/5220-15
Buildings For Storage and Maintenance of Airport
Snow Removal and Ice Control Equipment: A Guide
150/5300/2D
Airport Design Standards --Site Requirements for
Terminal Navigation Facilities
150/5300-4B
Utility Airports --Air Access to National Transportation
150/5300-12
Airport Design Standards --Transport Airports
150/5320-5B
Airport Drainage
150/5320-6C
Airport Pavement Design and Evaluation
150/5320-12
Methods for the Design, Construction, and Maintenance
of Skid Resistant Airport Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5325-4
Runway Length Requirements for Airport Design
150/5340-1E
Marking of Paved Areas on Airports
150/5340-4C
Installation Details for Runway Centerline
Touchdown Zone Lighting Systems
150/5340-5B
Segmented Circle Airport Marker System
150/5340-14B
Economy Approach Lighting Aids
150/5340-17A
Standby Power for Non -FAA Airport Lighting Systems
150/5340-r8B
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
150/5340-21
Airport Miscellaneous Lighting Visual Aids
150/5340-23A
Supplemental Wind Cones
150/5340-24
Runway and Taxiway Edge Lighting System
150/5340-27
Air -to -Ground Radio Control of Airport Lighting
Systems
FAA Form 5100-100 (3-86) Development or Noise Program - Public Sponsor Page 12
Number Subject
150/5345-3C
Specification for L-821 Panels for Remote Control
of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5345-7D
Specification for L-824 Underground Electrical
Cable for Airport Lighting Circuits
150/5345-10E
Specification for Constant Current Regulators and
Regulator Monitors
150/5345-12C
Specification for Airport and Heliport Beacon
150/5345-13
Specification for L-841 Auxiliary Relay Cabinet
Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-26B
Specification for L-823 Plug and Receptacle, Cable
Connectors
150/5345-27C
Specification for Wind Cone Assemblies
150/5345-28D
Precision Approach Path Indicator (PAPI) Systems
150/5345-39B
FAA Specification L-853, Runway and Taxiway Center-
line Retroreflective Markers
150/5345-42B
FAA Specification L-857, Airport Light Bases,
Transformer Houses, and Junction Boxes
150/5345-43C
Specification for Obstruction Lighting Equipment
150/5345-44D
Specification for Taxiway and Runway Signs
150/5345-45
Lightweight Approach Light Structure
150/5345-46A
Specification for Runway and Taxiway Light Fixtures
150/5345-47
Isolation Transformers for Airport Lighting Systems
150/5345-48
Specification for Runway and Taxiway Edge Lights
150/5345-49
Specification L-854, Radio Control Equipment
150/5345-50
Specification for Portable Runway Lights
150/5345-51
Specification for Discharge -Type Flasher
Equipment
150/5370-6A
Construction Progress and Inspection
Report--Federal-Aid Airport Program
150/5370-10
Standards for Specifying Construction of Airports
150/5370-11
Use of Nondestructive Testing Devices in
the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant
Projects
150/5390-1B
Heliport Design Guide
FAA Form 5100-100 (3-86) Development or Noise Program - Public Sponsor Page 13
(-r).'--.AC7vR COG --- A.CTUA
] TO DOT TITLE: VI FS'L'iU,t10E
r,jriri: ,he p... ..,gin.. of s c,,ntract, the contractor, for itsel , it .,._e, f s as>ignecs ;r,d ••.ucc�_ sors in �esL
;!,.,..,,:fLrr r..^crr-d "r; as tte critractor") a,�rces as follows.
?• r, -nlr ns. The cont..ictor shall c..^.ply h ru_ - '_, -on: r::lat.vc o n•,^,..,_...-....,-
on�of he .. part, .:nt of .r:,n: aL on her in:, r
.per i ( e flat LO'i ') 'i' :? ",�:'.c c
,a�.ral .�•_ :l ....r.. , .:,rL 21 as they may be ar„ended Prom time .o tir,e (hsreir,aftcr rufcrr,�d Lo ..he
_vletions), n:ch :,re t,arein incorporated by reference ;.nd rode a part of Lhis centr:,ct.
2. !:cndis_rir on Tht- contractor, with regard to the work purrurared by it during, the cnntrict, _ .:11
riot Ciscri-.icate on thie ,,rounds of race, color, or national origin in the s?lection and ru,,.r.ticn'of sub-
c:....- Mors, includirg pro-.urecants of materials and leases of e^,uipm_nt. The contractor chill riot partici;_:e
r,er dir?^_Lly ur ir,�ir_ctly in the discrimination prohibited by Section 21.5 of the =.egulations, including
CCntrect covers a prcgran set forth in Apr,, -radix 0 of the Regulations.
1. S_clicit>_ticr,s for Sutccntracts, Including Procur_ments of KaLcrials and Eor:i:)ment. In all solicit:..cns
eits,er by corpetitive bidding or r.egotation made by the contractor for work to be performed under a subcontr-ct,
:ncluding prac:r•.-._nts of materials or leases of equipment, each potential subcontractor or supplier shall te
notified by the contractor of the contractor's obligations under this contract and the Regulations relative to
rondiscrimination on the grounds of rar:v, color, or national origin.
4. Ir.fcrmation and Reports. The contractor shall provide all infor=ation and reports required by the
=egulations or directives issued pursuant thereto and shall per -nit access to its books, records, accounts, c::ner
sources of information, and its facilities as may be determined by the sponsor or the Federal aviation
Adr:inistration (--.,A) to be pertinent to ascertain compliance with such =egulations, orders, and instructions.
�r.ere any Information required of a contractor is in the exclusive possession of another who rails or refuses to
furnish this infor.-ation, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set
forth '.hat efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination
provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be
appropriate, including, but not limited to --
a. 'withholding of payments to the contractor under the contract until the contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
b. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the "negulat:ons
or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or
procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event a contractor beccmes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the s-,:nsor
tr, enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may reouest
the United States to enter into such litigation to protect the interests of the United States.
STANDARD DOT TITLE VI ASSUPJJ:CES
The City of Lubbock, Texas (hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT), it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and all
reduirements imposed by 49 CFR Part 21, Nondiscrimination in Federally As -listed
Proartms of the Depar anent of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the
end that no person in the United States shall, on the around of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the applicant receives Federal financial assistance and will i_7Turiediately
take any measures necessary to effectuate this agreement.
Without limiting the above general assurance, the Sponsor agrees concerning
Project No. 3-48-0138-06 (hereinafter referred to as the Project) that:
1. Each "program" and "facility" (as defined in Sections 21.23(e) and
21.23(b) will be conducted or operated in compliance with all requirements of
the P.evulations.
2. It will insert the following notification in all solicitations for bids
issued in connection with the Project and in adapted form in all proposals for
negotiated agreements:
The City of Lubbock, Texas , in accordance with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of -the
Department of Transportation, hereby notifies all bidders that it will
affirmatively assure that minority business enterprises are afforded
full opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
3. It will insert the clauses of Attachment 1 of this assurance in every
contract subject to the Act and the Regulations.
4. Where Federal financial assistance is received to construct a facility,
or part of a facility, the assurance shall extend to the entire facility and
facilities operated in connection therewith.
5. kYhere Federal financial assistance is in the form or for the acquisition
of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
6. It will include the appropriate clauses set forth in Attachment 2
of this assurance, as a covenant running with the land, in any future deeds,
Page 1
leases, permits, licenses, and similar agreements entered into by the Sponsor
with other parties: (a) for the subsequent transfer of real property acquired
or improved with Fecr,.ral financial assistance under this Project and (b) for
the construction or use of or access to space on, over, or under real proirrty
acquired or 1-.proved with Federal financial assistance under this Project.
7. This assurance obligates the Sponsor for the period during which
Federal financial assistance is extended to the program, except w,,ere the
Federal financial assistance is to provide, or is in the form of personal
profarty or real property or interest therein or structures or in:prove;nents
thereon, in k-:ich case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during ,,hich the
property is used for a purpose for which Federal financiai 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.
B. It will provide for such methods of administration for the program
as are found by the Secretary of Transportation or the official to whom he
delegates specific authority to give.reasonable guarantee that it, other
sponsors, subcrantees, contractors, subcon tr actors, transferees, successors
in interest, and other participants of Federal financial assistance under
such program will co -:ply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance.
9. It agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
Federal financial assistance for this Project and is binding on its contractors,
the sponsor, subcontractors, transferees, successors in interest and other
participants in the Project. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of the Sponsor.
DATED ��4— W/
Attachments l and 2
The City of Lubbock, Texas
(Sponsor)
r
By
---- T-
(Signature of Authorized ciai)
F'aae 2
CT_ )S} S FOR DEEDS,LICEINSES, LFJ_SF_S, PEF.1_11TS OR SIN,IL?,R I1_STi<1)!!_?'IT S
Ri'Ti,ri':I:I:T 2 to 5'IA!'T)7,uD IY.,T TITLE VI ?;SSUP7:?1CF.S
She foll.oring clauses shall be incluc3�_d in 6ec•ds, licenses, leases, permits,
or cimil.ar instruments entered into by the City of Lubbock, Texas,,
1ursuant to the prof-S sl ons of Assurr:nces 6 (a) and 6 (b) .
1. she (grantee, licensee, le>�:ee, per,mftee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in
interest, and assigns, as a part of the c-onsideration hereof, goes
hereby covenant and agree (in the case of deeds and leases add
"as a covenant running with the land") that in the event facilities
are constructed, maintained, or otier-wise operated on the said
property described in this (deed, license, lease, permit, etc.) for
a purpose for which a DOT program or ,activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in comipliance
with all other require,, -gents imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Departs,ant of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby,
covenant and agree (in the case of deeds and leases add "as a
covenant running with the land") that: (1) no person on the grounds
of race; color, or national origin shall be excluded from par-
ticipation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee,
lessee, permitee, etc.) shall use the premises incompliance
with all other requirements imposed by or pursuant to 49 CFR
Part 21, I:ondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be amended.
(1.1-F2)
.. t
SPON 1% KSSURANCE TO ACCCHPANY PROJECT APPLICATION DATED March 20, 1986
I�OR A GR�UiT OF FMIDS FOR THE DEVELOFIE—NT OR. IMnOgEi= OF 7RE
LUBBOCK INTERNATIONAL AIRPORT
• Operation of Lichts Installed under Federal IT-tocisted PToKrema
of the FAA. In order to furnish the assurances required by Part 152
of the Federal Aviation Regulations as mended, the
City of Lubbock, Texas (hereinafter called the
"Sponsors") 'hereby covenants and agrees with the United :Mates
(hereinafter. called. the -!'Govern=ent") .a■ follows:
The Sponsor in the operation and use of the Lubbock
International Airport, acknowledges its awareness of the cost
of operating and maintaining airport lighting and agrees to operate
the airport lighting installed (or to be installed under this project)
throughout each night of the year.
Noncompliance with the above assurances shall constitute a
material breach, and in the event of such noncompliance the Government
may take appropriate action to enforce compliance, m.ay terminate the
Grant Agreement to which this covenant relates, or seek judicial
enforcement.
- )-Y- 26
(Date)
f
City of Lubbock, Texas
(Name of Sponsor)
By'