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Home My WebLink AboutResolution - 3854 - Grant Agreement - FAA - Security Improvements, LIA - 04_09_1992Resolution No. 3854 April 9, 1992 Item #21 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 Agree- ment with the United States of America, Federal Aviation Administration, for a security access control system and security fencing (Project No. 3- 48-0138-12), which Agreement is attached hereto, 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 herein in detail. Passed by the City Council this 9th day of April , 1992. C C . Mo N , MAYOR ATTEST: , ulty )ecre APPROVED AS TO CONTENT: Bern Case, Director of Aviation APPROVED AS TO FORM: Harold Wi ar , Assistanr City Attorney HW:da/AGENDA-Dl /SECACSS.res Resolution No. 3854 April 9, 1992 Item #21 GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART 1-OFFER Date of Offer: March 27, 1992 Airport: Lubbock International TO: CITY OF LUBBOCK, TEXAS (herein referred to as the "Sponsor") Project No. 3-48-0138-12 Contract No. DOT FA 92 SW-8083 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 26, 1992, 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: Install security access control system and security fencing 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 (10-89) Development or Noise Program Page 1 of 5 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, 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 $1,744,803.00. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under 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 30 days from date of Grant Offer or such subsequent date as may be prescribed in writing by the FAA. FAA Form 5100-37 (10-89) Development or Noise Program Page 2 of 5 Pages 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 judgement, 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. 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. 11. 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. 12. 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. 13. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications approved by the FAA on February 22, 1992. 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 0 2 Mana T as AiMort Development 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 9 th day of Ap r i 1 , 1992. (SEAL) CITY OF LUBBOCY, TEXAS (Name of Sponsor) B c y: pons s Designated umckuepre B. C. McMinn Title: Mayor Aaes 4teRane Boyd Title: cretary asap Content 7i ��7 Bern E. Case, A.A.E. Director of Aviation FAA Form 5100-37 (10-89) Development or Noise Program Page 4 of 5 Pages CERTIFICATE OF SPONSORS 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 Sponsoes 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 10:00 a.m. this 9th day of April , 1992. b gna ure oy Sponso s Attorney Harold Willard, Assistant City Attorney FAA Form 5100-37 (10-M) Development or Noise Program Page 5 of 5 Pages O1w1I Apgrovel No. 03"-0043 APPLIGATIUN FUM I. Uri SUOMMTio A0°I"n` idwtjfW FEDERAL ASSISTANCE 3-26-92 3-48-0138-12 r. TV►t OI wOMlttlord: t. DATE OtCEIV[D e/ VATT! Slav Apphcalron Ww+trher Apyrcana+ Preaopl�cafron CAratnivion ❑ Construclon a. DATZ 11AL AG[NCV 19:AMO BY IrIMP F«yM11 identifier ❑ Npn.Carytrvct,On ❑ Non.C,onnruction I. AHLICJ.irT al"MAMM Legal Nanw Orparusatronal Und: City of Lubbock Lubbock International Airport Address Wm Cin. Caron. #rate, aie zip code) rwm0a a DOn Deno-- 10 be amaclad on MOWS �+Yolwq N& � Lubbock International Airport IlaWOW4 b"'AMM'A') Rt. 3 Box 389 Bern Case, A.A.E. Lubbock, Texas 79401 Director of Aviation •. I MPLOM 01INTIFICATICIN NVMtitll (tINI: I. rim OF Onw wpropriafs 101W in box) -] 6 10 10 1 0 15 19 0 rlCANT: out M M+depeOKOIN SIP M OW. Caanty 1 State C ntrDaed blaehrtnn of lIV w Low A C. Murrcrr�M J. R4rvete Urrvert ty D. To6nahv K I" Tribe S. TYM OF APPLICAMOt [i� New ❑ Ca►tYxatron ❑ ilaviaion E bftr8ute l Y+6v" ❑ ❑ F. blyr"WAVOOM M Pro it Orow%nban r Wvi«a4 ~ Opp eupr+to Auer() in 1IM490): CI.:pOcW atr+p k oaw ($peaty). A bla w Awed D. DeCeeel» Award C. blues-- Duration D. Deorts-- Ouretw Onw (tpeuly): KAM OF ROSAAI AOIMCY: Federal Aviation Adm1riistration x lA TALM i PEOVIAL °OMB 2 0 a 1 0 6 ,t• ocsaM.nvc mL! a APPLICAMM DOOM ?: TMX AIP Ai.rport Security Improvements t>l. AMAS AFFDC"M n' POGACT (vest. COunbp, 9980a. OIC.t Lubbock, Lubbock County,. Texas ITT. 14. OO PORT ACOM 001.10t Of. a1a111 Der. &%din0 ate a Applicant : e. RtioMcl 4-1-92 11-1 92 19 19 ts. U?MATO PUMP* It. ti APPUCATIOM wadtiCT TO ONY" BY VATI OQCVM ORM ttlt= MIOCnV a- YES T►YS p4iEAPPUC,ATIOwAP`K=AT10N WAS MADE AVAL AXE TO THE a. feaertl s .00 1,744,803 STATE EXECunVE ORDEA 12372 FROCM " REVIEW ON. DATE ti AM*CB" I .Do 193,867 b NO- ® PROGRAM I; NOT OOVOM NY EO. 12372 OR MIOGIAM HAS WT TEEN MACTEO SY STATE FOA REVIEW c Stet# t .00 d Lsad { A0 a 00M -00 1. Flows w bt0mna s -00 1t. is T11I APPUCAM OR6ll1MAW ON AM PMWAL GIRT •O Yie • M 'rasa aRaoA on wistwtion. Q No 0 TOTAL .00 1,938,670 IA TO fits MOT OF MY MOMMU AND asuB. ALL DATA IN TM APftjcA? KoatU)rucATION An TOVL Alp COmim. ra DOCS ww" "I sm OVLr AVnwwm M va OOYIRN" MM OF TM APPLICANT AND TMI APPLICANT WILL COMPLY WTTW TM ATTACIIM AOSURAIIM M DO AsaMTAMM 15 AMAM" a Trpad NW4 d AWWW@d 1laprs WKStr a D. TrW c- TeMphom swim e' Bern E. Case A.A.E. 806 767-2035 L � RsOreeanlPtiv� a Dad Sonsd VVV#*U1'sOK* t Not UUb4 P+rewdw Dy owe cn.la• A- W! Authorized for Local Reproductlon DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION PART II OMB No e0•p01$4 PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Name of Agency or Board Yes �_ No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? Yes X No Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency Date Item 5. 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 installation? Yes X Item 7. Will the assistance requested be on Federal land or installation? Yes X Name of Federal Installation No Federal Population benefiting from Project Name of Federal Installation Location of Federal. Land — 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 No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Form 5100.100 16-73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Pogo 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04-RO209 I 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 proceeding) which in reasonable probability might make it impossible for the Sponsor to cam out and complete the Pro'ect or carry out t e provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Land.4a) The Sponsor holds the following property interest in the following areas of land" which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances. and adverse interests, all of which areas are identified on the mmW 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 purpose, use or disposition authorized or required by Attachment N to OMB Circular A-102, to * See Attached Exhibit A Property Map *State character of property interest in each area and list and identifj• for each all exceptions, encumbrances, and adI erse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA form 5100-100 14.75t Page 9a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART 11 • SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or titlr company and that such attorney or title compam ha= determined that the Sponsor hold- the above properh• interests. (b) The Sponsor will acquire within a reasonable time. but in am e%ent prior to the start of an% construction work under the Project. the following propert% interest in the fullowino area= of land* on which such construction work is to be performed. all of which area= are identifiedd on the aforementioned property male designated a, Exhibit "A": NA W The sponsor will acquire within a rea<onablc time. and if fea=ible prior to the completion of all construction work under the Project. the following prupert% interest in the follouin,, area- of land` which are to be developed or used as part of or in connection with the .airport as it will be upon completion of the Project. all of which areas are identified on the aforementioned property map desi.anated as Exhibit ".A": NA S. Exclusive Ri&hts.—There i- no Frant of an exclusi%e right for the conduct of am aeronautical activity at anv airport owned or controlled by the sponsor except as follows: NONE "State character of properh• interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests Of ever)- kind and nature, including liens, easements, leases, etc. The separate areas of land need onh• be identified here bY the area numbers shown on the proper), nap. FAA Form 5100-100 (4.76) Pape 3b -o--t-):JF fRAr4SPORTATION FEDERAL AVIATION ADMINISTRATION PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 11. Fe6eral Domestic Assistance Catalog No ......... .. . . i2. Functional or Other Breakout . ... .. ... . .. . .. ... . — SECTION B — CALCULATION OF FEDERAL GRANT o,an fill. ea�rna• Cost Classification Use only for revisions Total Amount Required Latest Approved Amount S Adjustment t or (-) 1. A,; r,iilon expense S S 2. expense 3. Lanu,�:ructuies, right-of-way 4. Aichilec16ral engineering basic tees 271 ,576 5. Other architectural engineering fees 6. Project Inspection fees 84,518 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals ano Businesses 10. Demolition and removal Security Fence 11. Construction and project Improvementgj d Access Control 297,311 1,285,265 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income(if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 1,938,670 20. Federal Share requested of Line 19 1,744,803 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 1,744,803 23. Grantee share 193,867 24. Other shares 25. Total project (I inee 22, 23 & 24) S 1 ,938,670 S S FM Form 5100.100 (5 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Pogo 4 DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION SECTION C — EXCLUSIONS 26 CIasIification Ineligible for Participation 1 Excluded from Contingency Pro.iaion o $ $ b c d f. g. Total, 5 f SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S 193,867 a. Securities b. klortgages c. Appropriations (By Applicant, 193,867 d. Bonds e. Tax Levies f. Non Cash i g. Other (Explain) h. TOTAL — Grantee share 1 193,867 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL S 193,867 SECTION E — REMARKS i PART IV PROGRAM NARRATIVE Attach — See Instructions FAA For, 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 11 THRU 7 Page 5 PART IV PROGRAM NARRATIVE This project is for security improvements at Lubbock International Airport in response to requirements in FAR Part 107.14 for a computerized access control system and for security fencing improvements on the airfield perimeter to comply with provisions of FAR Part 107.13. A. As required by FAR Part 107.14 the Airport prepared and submitted an amendment to its security plan specifying the methods and procedures to be implemented to comply with the operational requirements of the new security regulation in Part 107.14. This amendment was approved by FAA Security through the CASFO-DFW. The amendment calls for the use of a computerized access control system at points in the terminal building to control access in accordance with the specifications in Part 107.14 : 1. To insure that only those persons who are authorized to gain access to secure area will be granted such access, and 2. The access control system will differentiate between those who are authorized access to certain portions of the secure area from those authorized access to other portions of the secure area, and 3. The system will be capable of limiting access by date and time of day, and 4. The system will provide for the immediate denial of access to those persons whose access is no longer authorized. This portion of the project will provide for the design, construction inspection, acquisition, and installation, of the computer based system. B. Improvements to the Airport Perimeter Security Fence are proposed in order to replace all barb wire fence portions of the security fence with six foot, chain link, security fence. This improvement is designed to fully PART IV NARRATIVE PAGE 2 comply with provisions in FAR Part 107.13 and to comply with FAA Security Inspector recommendations. This improvement will provide a more positive control of the control of access to the AOA and will eliminate the inherent weakness in preventing intrusions with the existing 4-strand barb wire fence. In response to the engineering and design RFP for these projects, EG&G Security Systems of Albuquerque, New Mexico was selected and issued a contract to design the system and provide inspection and project coordination during construction. An allocation of $ 2,021,510 for this work was issued on December 9, 1991 and identified Project Number 3-48-0138-12-92 for this project. 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 by the Airport and Airway Safety and Capacity Expansion Act of 1987, 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 APPIICABIIIIY. 1- Akport Developmcnt or Nose C sipsibb7r'ty 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. 2. Airport Dcvebpment or Noise Compatibility Program Projects Undertalea 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. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, 34, and 36 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 CERT7FICATIOM The sponsor hereby assures and certifies, with respect to this grant that: L General Federal Requiremeats. 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, et sere . b. Davis -Bacon Act - 40 U.S.C. 276(a), et sere .' c. Federal Fair Labor Standards Act of 1938 - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et scq.' e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et sM.' "° _ 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, 49 U.S.C. 2101, et I. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et M. m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151' et See n. Airport and Airway Improvement Act of 1982, as amended - 49 U.S.C. 2201, et seq. o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U.S.C- 8373T p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.' q. Copeland Antikickback Act - 18 U.S.C. 874.' r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' s. Endangered Species Act - 16 U.S.C. 668(a), et s— t. Single Audit Act of 1984 - 31 U.S.C. 7501, et u. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. v. Aviation Safety and Capacity Expansion Act of 1990. E=cutive Order Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity' Federal Regulations. a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.' b. 49 CFR Part 20 - Restrictions or Lobbying. Airport Assurances - 1 age 1 0 c. 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. d. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. e. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally assisted Programs.' a0' f. 49 CFR Part 27 - Non -Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' g. 49 CFR Part 29 - Debarments Suspensions and Voluntary Exclusions. h. 49 CFR Part 30 - Denial of Public Worts Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. i. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3 - Contractors or Subcontractor: on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S.' k. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction.' 1. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements).' m. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Management and Budget Cimulars (ONB} a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.' 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 arc incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency SQooaoe It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motioa 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. 3. Sponsor Fund Availabt7ity. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Power a. 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. 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 sponsors interest, and make binding upon the transferee, all of the terms, conditions, and assurances contained in this grant agreement. Airport Assurances - 1 age 2 of -A- 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 speed 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. C misbmtj with Local Plasa 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. & Cooedta&m with Use= 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 HcadW 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. 1L 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 Ptaogaisibes. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. 11 Accounting System, Audit, and Recordkoepiog 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 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of strch 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. Airport Assurances - 1 age 3 0 - - 14. Minimum Wage Ratm 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 worn. 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 19V- However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformitlr to Pleas and Spefiatiooa 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. Cooarnc6oe Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the wort 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 &W 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. I& 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 United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Nainh=nee. a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for— (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. Airport Assurances - 1 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 Nrtiphon. 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. 2L Compratrbk 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 a. It will make its airport available as an airport for public -use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical 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 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 malting the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and 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. 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 some 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 Cured -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 palls, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of 1982. Airport Assurances - 1 age 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 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, 1997, 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 Inspeakma. 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 duty 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 duty authorized agent of the Secretary upon reasonable request. 27. Use of Govemmmt 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. Frye (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or 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. Iaod for Federal Fadlitics. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport layout Plan. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout 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 duty authorized representative of the Secretary on the face of the airport layout plan. "Ibe 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. Airport Assurances - 1 age 6 of 9 PP-A-Y 30. Cr4d Rights It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, crtced, 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. 3L Disposal of IOW 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 proscribed 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-gufftciency 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 kw1s; associated with the operation of the airport. 32. Engineering gad Design Setviam 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 D{ of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement proscribed 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. Polices, Standards, and Specifieatioas. It will carry out the project in accordance with policies, standards, and speci6eatioos approved by the Secretary including but not limited to the advisory circulars listed in the 'Current FAA Advisory arculars for AIP Projects, dated July 29, 199L and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Reloutioa nod Real Property Aogaisdioa (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. 36. Drug -Free Workplace. It will provide a drug -free workplace at the site of work specified in the grant application in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the sponsoes workplace and specifying the actions that will be taken against its employees for violation of such prohibition: (2) establishing a drug -free awareness program to inform its employees about the dangers of drug abuse in the workplace and any available drug counseling, rehabilitation, and employees assistance programs: (3) notifying the FAA within ten days after receiving notice of an employee criminal drug statute conviction for a violation occurring in the workplace: and (4) making a good faith effort to maintain a drug -free workplace. Airport Assurances - age 7 of 9 PP-A-1 CURRENT FAA ADVISORY CIRCULARS FOR AB' PROJECTS Effective Data July 29, 1991 NUMBER SUBJECT 70/7460-1G Obstruction Marking and lighting 150/5100-14B Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects CHG 1 150/5200-30 Airport Winter Safety and Operations CHG 1&2 150/5210-513 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 150/521045 Airport Rescue and Firefighting Station Building Design 150/52204A Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10 Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks CHG 1&2 150/5220-11 Airport Snowblower Specification Guide 150/5220-12 Airport Snowsw'eeper 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 150/5220-16 Automated Weather Observing Systems for Non -Federal Applications 150/5220-17 Design Standards for Aircraft Rescue Fire -fighting Training Facilities 150/5300-13 Airport Design 150/5320-SB Airport Drainage 150/5320-6C Airport Pavement Design and Evaluation CHG 1&2 150/5320-12A Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/53254A Runway length Requirements for Airport Design CHG 1 150/5340-117 Marking of Paved Areas on Airports 150/53404C Installation Details for Runway Centerline Touchdown Zone lighting Systems CHG 1&2 150/5340-5B Segmented Circle Airport Marker System CHG 1 150/5340-14B Economy Approach lighting Aids CHG 1&2 150/5340-17B Standby Power for Non -FAA Airport Lighting Systems 150/5340-18C 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 Runway and Taxiway Edge lighting System CHG 1 150/5340-27A 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-SA Circuit Selector Switch 150/5345-7D Specification for LS21 Underground Electrical Cable for Airport lighting Circuits CHG 1 150/5345-10E 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 Specifications for LAM Plug and Receptacle, Cable Connectors CHG 1&2 150/5345-27C Specification for Wind Cones Assemblies 150/5345-28D Precision Approach Path Indicator (PAPI) Systems 150/5345-39B FAA Specification LS53, Runway and Taxiway Centerline Retrotlective Marken CHG 1 150/534542C Specification for Airport light Bases, Transformer Housings, Junction Boxes and Accessories 150/534543D Specification for Obstruction Lighting Equipment 150/534544D Specification for Taxiway and Runway Signs 150/534545A Lightweight Apptvach light Structure 150/534546A Specification for Runway and Taxiway light Futures L%/534547A Isolation Transformers for Airport Lighting Systems 150/534549A Specification 1,&%, Radio Control Equipment 130/5345-50 Specification for Portable Rummy lights CHG 1 150/5345-51 Specification for Discharge -Type Flasher Equipment CHG 1 I50/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5360-9 Planning and Design of Airport Terminal Facilities at Non -Hub Locations L%/5360-12 Airport Signing and Graphic 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities at Non -Hub Locations 150/5370-2C Operational Safety on Airports During Constriction Airport Assurances - 1 age CURRENT FAA ADVISORY CTRCUTARS FOR AIP PROJECTS (Continued) NUMBER SURIEC"I' 150/53-IMB Construction Progress and Inspection Report -Airport Grant Program 150/5370-10A Standards for Specifying Construction of Airports �G 5 170-11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5390-2 Heliport Design 150/5390-3 Vertiport Design Airport Assurances age 9 o - MAP IN FILE SEE RESOLUTION # -- i I 1 1 1 I I G o I I I I I I I 1 I I I C Page 1,of 8 ATTACHMENT 2 GRANT PROPOSAL EVALUATION FORM COVER SHEET GRANT NAME: Install Security Access Control System and Fencing GRANT AGENCY: GRANT FISCAL PERIOD: Duration of Construction MONTH/DATE/YEAR TO MONTH/DATE/YEAR CITY DEPARTMENT/INDIVIDUAL PREPARING GRANT: Jim Newsome. A.A.E.. Deputy Director of Aviation (Whom to contact in case of questions) APPROVALS: ARTMENT HEAD VISION DIRECTOR ASSIBTAWF CITY MANAGER OR CHIEF OF POLICE BUDGET & RESEARCH DIRECTOR DEPUTY CITY MANAGER Upon completion of approvals, return to: DATE DATE I A2 'DATE `-/-(�z DATE AT Bern E. Case, Director of Aviation/Airport' by INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE (IF APPLICABLE) A25-1 Page 2 of 8 CITY OF LUBBOCK GRANT PROPOSAL EVALUATION FORM INSTRUCTIONS: This form must be completed and signed by the appropriate individuals in order for a grant application to be evaluated and approved by the City Manager. 1. State, as clearly as possible, the goals and objectives of the proposed project for which a grant is being sought. To provide for the construction and installation of security access controls and fencing mandated by FAA Regulation. A. Is this the fulfillment of an identifiable community (Lubbock) goal? If so, list the source of the identified goal. FY 91-92 City Council Goal 8B: Comply with FAA Security Reguirements in the operation of the airport. B. Is this the fulfillment of an identifiable community (Lubbock) need? If so, please provide quantifiable data (studies, etc.) that illustrate the community need and how this grant will meet that need: s Public Safety - It will provide better screening of personnel that enter the secure side of the airport and will provide timely revocation of passes for temrinated employees. A25-2 Page 3 of 8 2. List at least three measures by which City Staff and City Council might be able to evaluate the program in order to determine that it has reached the goals and objectives described in Question 1. 1. Satisfactory inspections by FAA. 2. No security breaches by unauthorized personnel. 3. Completion of Construction and installation by Sept. 92. 3. Will this program benefit the Lubbock community as a whole? If not, please provide a detailed profile of the individuals or groups that will benefit from the program. Yes 4. Are other agencies (other than the City of Lubbock) available to administer this program? If so, list the agencies: No A25-3 Page 4 of 8 5. Are other agencies administering similar programs? If so, list the other agencies. If not, why not? IW 6. Is the program or activity provided by this grant required by state or federal law or required as a condition of other ongoing state or federal programs? Please explain: Security requirements were mandated by the FAA in FAR Part 107.14 7. Does the grant require a local match? If so, in what amount? Is the match in the form of cash or an in -kind contribution? Yes, 10%, plus required components that are not subject to the grant. 10% = 193,867 + 47,595 Non FAA $241,462 Total Airport costs of this project are expected to be eligible for reimbursement by passenger facility charges. This project is included in the current Airport Capital Project Budget and is funded for the local share at $161,500. The additional $79,962 in local funding will be from ACP fund balance until PFC funding becomes available. If this project is approved for PFC participation the ACP fund can be reimbursed up to its entire A$trj of this project. S [ Page 5of8 8. Is the grant for capital or operating programs? Please describe specifically what the funds will be used for (personnel, supplies, services, capital outlay, capital project, etc.). Capital program to install security control system and fencing. A. If the grant is for capital outlay or a capital project, will it result in ongoing City operational costs? If so, explain in detail. Yes, operation of the access control system will require personnel, supplies, and maintenance operation costs. These are estimated to be approximately $140,000 annually in FY 92-93. B. If the grant is for an operating program or programs, is it a one-time grant which will result in ongoing City expenses, if the program is to be continued in the future? One-time grant for construction. A25-5 Page 6 of 8 C. Does the grant require continuation of the program, at City expense, after grant funding has expired? If so, how long will the City be obligated to expend local funds, and in what areas? Be specific. Yes, Airport must operate and maintain the improvements to comply with security regulations. 9. Is the grant a one-time grant, a one-time grant with an option to renew the grant, or an on -going grant? If the grant is ongoing, how many years has the grant been provided to the City, and what year does the upcoming period represent (2nd year, 5th year, etc.). If the grant has an option to renew, how often can it be renewed, and what are the terms of renewal? Please explain. One-time construction grant. 10. Are indirect costs reimbursed by the grant? No A25-6 Page 1 of 8 11. Are grant audit costs reimbursed by the grant? 561 12. What is the immediate (twelve-month) impact of the grant program on City employee allocation and utilization? How will this affect their work hours, productivity, etc. on City programs and activities? 0 & M of the access control system is expected to require 5 to 6 operators & 1 technician to operate the system 24 hrs 7 days per week. To help ease the impact on the budget the current plan is to transfer 3 existing security dispatchers to the access control operation. This will save approximately $60,000 in the initial impact. Maintenance costs are estimated at $12,000 during the first year. 13. What is the long-term (five-year) financial and manpower impact of the grant program both on the community and on the City organization? The annual 0 & M requirements of the access control system are estimated to be about $140,000 in FY 92-93. Utilizing the existing staff will cover approximately $60,000 of this expense leaving a net additional expense of approximately $824000 per year. Over 5 years this will be more than $400,000 in new costs, plus inflation. These costs are subject to inclusion in the airline negotiation rate bases which are expected to recover 0 & M costs of the access control system on a yearly basis. A25-7 Page 8 of 8 I 14. Provide, in as much detail as possible, a 5-year Revenue and Expenditure Projection for the grant related program beginning with the current year or the first year this grant will be in effect. Show any on -going costs to the City, even if the grant is only for one year. If the grant is renewable or ongoing, show the estimated revenues and expenditures for future years that you intend to renew/continue the grant (up to five years). Be sure to fully explain the source and type of revenues (in -kind contribution, reimbursement of expenses, etc.) and fully explain the specific types of expenditures (payroll for 1/2 time clerk, purchase desk, capital project construction, etc.). Attach additional sheets if necessary. FOR GRANT FISCAL YEAR (From to ): 19—a1 19_9L 19q�3 19 94 19qS Revenues Federal Grant State Grant Local Match Other Airline Fees Total Revenues 51,000 142,000 146,000 153,000 159,000 FOR GRANT FISCAL YEAR (From to ): 19 91 19 92 19 93 19 94 19 95 1/2 yr full yr Expenditures Personnel 45,000 130,000* 134,000 138,000 142,000 Supplies 1,000 2,000 2,000 3,000 3,000 Maintenance 5,000 10,000 10,000 12,000 14,000 Other Charges Capital Outlay Capital Project Total Expenditures 51,000 142,000 146,000 153,000 159,000 * 5 opoerators @ $20K=100,000 1 tech @ $30K= 30,000 130,000 A25-8 SECTION BT BLOCS D SECTM Se BLOC% D SOUTH 217.2 ------------- N0""[AST CUIO xCTM 43. 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