HomeMy WebLinkAboutResolution - 2013-R0241 - Grant Agreement - FAA - Improve Runway Safety Area - 08/08/2013Resolution No. 2013-RO241
August 8, 2013
Item No. 5.2.1
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Federal Aviation Administration Grant
Agreement by and between the City of Lubbock and Federal Aviation Administration to
Improve Runway Safety Area [Relocate Perimeter Road (outside RSA)], and all related
documents, in an amount up to and not exceeding one million seven hundred fifty
thousand nine hundred fifty-four and no/100 dollars ($1,750,954.00).
Passed by the City Council on Au ,,,r R 2013
_Z�kll
GL . R ERTSON, MAYOR
ATTEST.
Reb ca Garza, City Secret
APPROVED AS TO CONTENT:
Kelly Caffipbell,
Interim Director of Aviation
APPROVED AS TO FORM:
t City me
vw;ccdocslRes.Auport-FAA RSA Improvement
July 24, 2013
Resolution No. 2013-RO241
10
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
July 23, 2013
Date of Offer
3-48-0138-038-2013
Grant No
05-821-3893
DUNS No
L) ORIGINAL
Lubbock -Preston Smith International
(herein called the 'Airport")
TO: Lubbock -Preston Smith International
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 29, 2013, for a grant of
Federal funds for a project at or associated with the Lubbock -Preston Smith International Airport, which
Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (or Planning Area) (herein called the "Project")
consisting of the following:
Improve Runway Safety Area [Relocate Perimeter Road(outside RSA)]
all as more particularly described in the Project Application.
FAA Form 5100-37 (10-89) 1 of 7
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, as amended, herein called "the Act," 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 per centum thereof.
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 $1,750,954.00. For the purposes of
any future grant amendments which may increase the foregoing maximum obligation of the United States under the
provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose:
$1,750,954.00 for airport development.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with
the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the
United States' share will be based upon the final audit of the total amount of allowable project costs and settlement
will be made for any upward or downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms
hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the
assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless
this offer has been accepted by the Sponsor on or before September 5, 2013, 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 dispersed by the Sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or
judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving
the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
9. CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIER REQUIREMENTS
A. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the CCR until you submit the final financial report required under this award or
receive the final payment, whichever is later. This requires that you review and update the information at least
annually after the initial registration and more frequently if required by changes in your information or another award
term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If you are authorized to make subawards under this award, you:
FAA Form 5100-37 (10-89) 2 Of 7
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may
receive a subaward from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C. Definitions
For purposes of this award term:
1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide
information required for the conduct of business as a recipient. Additional information about registration
procedures may be found at the CCR Internet site (currently at https://www.sam.Qpv/portal/public/SAMA.
2. Data Universal Numbering System
DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to
uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-
705-5711) or the Internet (currently at http://fedgov.dnb.com/webform}.
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient award to an
eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out the project or
program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States,
Local Governments, and Non -Profit Organizations"). A subaward may be provided through any legal
agreement, including an agreement that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
c. A subaward may be provided through any legal agreement, including an agreement that you consider a
contract.
10. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only 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.
11. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the
life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation
of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely,
if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and
will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the
project, the FAA determines that a change in the grant description is advantageous and in the best interests of the
United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance
of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or
the grant description is amended to the description specified.
12. AIR AND WATER (QUALITY: Approval of the project included in this agreement is conditioned on the Sponsor's
compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply
FAA Form 5100-37 (10-89) 3 of 7
with this requirement may result in suspension, cancellation, or termination of Federal assistance under this
agreement.
13. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at
the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of
any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a
minimum, the program must conform with the provisions outlined below
Pavement Maintenance Management Program
An effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use
any form of inspection program it deems appropriate. The program must, as a minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed,
reconstructed, or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the
frequency of inspections may be extended to three years.
(2) Drive -By Inspection. A drive-by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, their
locations, and remedial action, scheduled or performed, must be documented. The minimum information to
be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so
long as the information and records produced by the pavement survey can be retrieved to provide a report to
the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and
establishing an effective maintenance program. Specific types of distress, their probable causes,
inspection guidelines, and recommended methods of repair are presented.
FAA Form 5100-37 (10-89) 4 of 7
14. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to
perform the following:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the
measures and procedures to be used to comply with the quality control provisions of the construction
contract, including, but not limited to, all quality control provisions and tests required by the Federal
specifications. The program shall include as a minimum:
(1) The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project, together with a description of the services to be provided.
(3) Procedures for determining that testing laboratories meet the requirements of the American Society of
Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D
3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and frequency of tests to
be taken, the method of sampling, the applicable test standard, and the acceptance criteria or
tolerances permitted for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily, and that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests
performed, highlighting those tests that failed or that did not meet the applicable test standard. The report
shall include the pay reductions applied and the reasons for accepting any out -of -tolerance material. An
interim test and quality control report shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall,
absent any compelling justification, result in a reduction in Federal participation for costs incurred in
connection with construction of the applicable pavement. Such reduction shall be at the discretion of the
FAA and will be based on the type or types of required tests not performed or not documented and will be
commensurate with the proportion of applicable pavement with respect to the total pavement constructed
under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that sponsor test results are inaccurate.
15. BUY AMERICAN REQUIREMENT: 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.
16. MAXIMUM OBLIGATION INCREASE FOR PRIMARY AIRPORTS: In accordance with Section 47108(b) of the
Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
a. may not be increased for a planning project;
b. may be increased by not more than 15 percent for development projects;
c. may be increased by not more than 15 percent for land projects.
FAA Form 5100-37 (10-89) 5 of 7
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 AD INIS TION
&)1A
(Signature)
J. Michael Nicely
(Typed Name)
Texas Airport
Development Office
(Title)
FAA Form 5100-37 (10-89) 6 of 7
PARTII- 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. I declare under penalty of perjury that the
foregoing is true and correct.'
Executed this 8th day of August 2013
City of Lubbock
(Naof Sponsor)
(SEAL) gnatu f Sponsor's Designated Official
Representative)
By: Glen C. Robertson
(Typed Name of Sponsor's Designated Official
Representative)
Title: Mayor
Attest: (Typed Title of Sponsor's Designated Official
CAy Secretary Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Chad Weaver , 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 and Sponsor's official representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said
Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at Lubbock, Texas
this 8th day of August 2013
By
(Signature of Sponsor's Attorney)
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section
1001 (False Statements) and could subject you to fines, imprisonment, or both.
FAA Form 5100-37 (10-89) 7 of 7
OMB Number: 4040-00
Fvniratinn na+o. ninimn
Application for Federal Assistance SF -424
* 1. Type of Submission
* 2. Type of Application * If Revision, select appropriate letter(s):
❑ Preapplication
❑✓ New
✓❑ Application
❑ Continuation * Other (Specify)
❑ Changed/Corrected Application
❑ Revision
* 3. Date Received: 4. Application Identifier:
5a. Federal Entity Identifier:
* 5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: 7. State Application Identifier:
8. APPLICANT INFORMATION:
* a. Legal Name: City of Lubbock
* b. Employer/Taxpayer Identification Number (EIN/TIN):
*c. Organizational DUNS:
75-6000590
05-821-3893
d. Address:
* Street1: 5401 N MLK BLVD Unit 389
Street 2:
* City: Lubbock
County: Lubbock
* State: TX
Province:
Country: *Zip/ Postal Code: 79403-9710
e. Organizational Unit:
Department Name:
DivisionName:
Department of Aviation
Lubbock Preston Smith International Airport
f. Name and contact information of person to be contacted on matters
involving this application:
Prefix: MS. First Name: Kelly
Middle Name:
* Last Name: Campbell
Suffix:
Title:
Deputy Director -Finance & Administration
Organizational Affiliation:
City of Lubbock, Lubbock Preston Smith International Airport
*Telephone Number: 806-775-3131 Fax Number: 806-775-3133
'Email: kcam bell m lubbock.us
OMB Number: 4040-00
FVnirotinn nntm* warm 9n
Application for Federal Assistance SF -424
9. Type of Applicant 1: Select Applicant Type: C. City or Township Government
Type of Applicant 2: Select Applicant Type: - Select One -
Type of Applicant 3: Select Applicant Type: - Select One -
* Other (specify):
* 10. Name of Federal Agency:
Federal Aviation Administration
11. Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title:
Airport Improvement Program
12. Funding Opportunity Number:
Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Lubbock, Lubbock County, Texas
* 15. Descriptive Title of Applicant's Project:
Phase I Runway 17R/35L Improvements
Attach supporting documents as specified in agency instructions.
OMB Number: 4040 -OC
Application for Federal Assistance SF -424
16. Congressional Districts Of:
* a. Applicant District 19 * b. Program/Project: District 19
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a. Start Date: 7/13 * b. End Date: 1/14
18. Estimated Funding ($):
*a. Federal $1,750,954.00
*b. Applicant
*c. State
*d. Local
*e. Other $194,551.00
*f. Program Income
*g. TOTAL $1,945,505.00
*19. Is Application Subject to Review By State Under Executive Order 12372 Process?
M a. This application was made available to the State under the Executive Order 12372 Process for review on
❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review.
E] c. Program is not covered by E.O. 12372.
*20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.)
R Yes 0✓ No
1. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to com
with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subjec
me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001).
0✓ **I AGREE
* The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or
agency specific instructions.
Authorized Representative:
Prefix: Mr. *First Name: James
Middle Name:
*Last Name: Loomis
Suffix:
*Title: Executive Director of Airport
*Telephone Number: 806-775-3218 Fax Number: 806-775-3133
*Email: iloomis(cDm lubbock.us
*Signature of Authorized Representative e�,-e�,� Date Signed: S e,
(J
OMB Number: 4040-00
Application for Federal Assistance SF -424
*Applicant Federal Debt Delinquency Explanation
The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum
number of characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability
space.
N/A
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION
OMB NO 2120-0569
11/30/2007
PART II
PROJECT APPROVAL INFORMATION
Item 1.
Name of Governing Body
Does this assistance request require State,
Priority
local, regional, or other priority rating?
[]Yes ®No
Item 2.
Name of Agency or Board
Does this assistance request require State, local
(Attach Documentation)
advisory, educational or health clearances?
❑Yes ®No
Item 3.
(Attach Comments)
Does this assistance request require clearinghouse
review in accordance with OMB Circular A-95?
❑Yes ®No
Item 4.
Name of Approving Agency
Does this assistance request require State,
local, regional, or other planning approval?
Date
f !Yes &No
Item 5.
Check One: State ❑
Is the proposed project covered by an approved
Local
comprehensive plan?
Regional ❑
®Yes []NO
Location of plal[%bbock International Airport
Item 6.
Name of Federal Installation
Will the assistance requested serve a
Federal Population benefiting from Project
Federal installation?
❑Yes ®No
Item 7.
Name of Federal Installation
Will the assistance requested be on Federal land
Location of Federal Land
or installation?
Percent of Project
❑Yes ®No
Item 8.
See instructions for additional information to be
Will the assistance requested have an impact
provided.
or effect on the environment?
❑Yes ®No
Item 9.
Number of:
Will the assistance requested cause the displacement
Individuals
of individuals, families, businesses, or farms?
Families
Businesses
❑Yes ®ND
Farms
Item 10.
See instructions for additional information to be provided.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
❑Yes ®No
FAA Forth 5100-101 (6-73) SUPERSEDES FAA FORM 59 10-1 and 59 20-1
Page 2
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO 2120-0569
PART III - BUDGET INFORMATION
SECTION A - BUDGET SUMMARY
Grant Program,
Function
or Activity
(a)
Federal
Catalog No.
(b)
Estimated Unobligated Funds
New or Revised Budget
Federal
(c)
Non -Federal
(d)
Federal
(e)
Non -Federal
(f)
Total
(g)
1AIP
20.106
$1,406,989.00
$
$343,965.00
$
$1,750,954.00
2.PFC
194,551.00
194,551.00
3.
4.
5. TOTALS
$1,406,989.00
$
$343,965.00
$194,551.00
$1,945,505.00
SECTION B - BUDGET CATEGORIES
Object Class
6' Categories
Grant Program, Function or Activity
Total
(1)
(2)
(3)
(4)
(5)
a. Personnel
$
$
$
$
$
b. Fringe Benefits
c. Travel
d. Equipment
e. Supplies
f. Contractual
225,427.50
25,047.50
250,475.00
g. Construction
1,516,527.18
168,503.02
1,685,030.20
h. Other
9,000.00
1,000.00
10, 000.00
i. Total Direct Charges
j. Indirect Charges
k. TOTALS
$1,750,954.68
$194,550.52
$
$
$1,945,505.20
7. Program Income 1
$
$
$
$
$
FAA Form 5100-101 (6-73) SUPERSEDES FAA FORM 5910-1 AND 5920-1 Page 3
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
OMB NO 2120-0569
SECTION C - NON-FEDERAL RESOURCES
(a) GRANT PROGRAM
(b) APPLICANT
(c) STATE
(d) OTHER
SOURCES
(e) TOTALS
8.
$
$
$ 194,551.00
$ 194,551.00
9.
10.
11.
12. TOTALS
194,551.00
194,551.00
SECTION D - FORECASTED CASH NEEDS
Total for 151 Year
1st Quarter
2nd Quarter
3`d Quarter
4th Quarter
13. Federal
$1,750,954.00
$1,050,573.00
$350,191.00
$350,190.00
$
14. Non -Federal
194,551.00
116,731.00
38,910.00
38,910.00
15. TOTAL
$194,505.00
$1,167,304.00
1 $389,101.00
$389,100.00
$
SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT
(a) GRANT PROGRAM
FUTURE FUNDING PERIODS (YEARS)
(b) FIRST
(c) SECOND
(d) THIRD
(e) FOURTH
16.
$
$
$
$
17.
18.
19.
20. TOTALS
$
$
$
$
SECTION F - OTHER BUDGET INFORMATION
(ATTACH ADDITIONAL SHEETS IF NECESSARY)
21. Direct Charges:
22. Indirect Charges:
23. Remarks:
PART IV - PROGRAM NARRATIVE (ATTACH PERwsTRucTioN)
rFw Form b1UU-1U1 (ti -/3) 5LIPERSEDE5 FAA FORM 5910-1 AND 5920-1 Page 4
PART IV
PROGRAM NARRATIVE
Objective:
The Airport Master Plan contains a long-term list of rehabilitation and improvement projects necessary to maintain
airport facilities and to meet the requirements of the FAA.
The Runway 17R/35L Improvements project is necessary to ultimately rehabilitate concrete pavement which is
exhibiting signs of fatigue. Runway 17R/35L is the primary runway at LBB. It is vital to airport operations and
must be maintained to avoid disruption to air service. A secondary objective is to enhance airfield safety by
relocating the airport perimeter road on the 17R end. Currently the road crosses into the ROFA. The project will
be completed in phases with the first phase consisting of the relocation of the perimeter road.
Benefits:
Once complete, the Runway 17R/35L improvements project will yield a pavement surface with a minimum 20 -
year life given projected airport operations. Foreign object debris and other maintenance -related disruptions will
also be reduced. The project will also ultimately produce a clear ROFA on the 17R end and will allow for the
future extension of Taxiway L to the 17R threshold.
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements
for airport development, airport planning, and noise compatibility program grants
for airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public
agency with control of a public -use airport; the term "private sponsor" means a
private owner of a public -use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are
incorporated in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by
a Public Agency Sponsor. The terms, conditions and assurances of this 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
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is
used as an airport. There shall be no limit on the duration of the terms, conditions,
and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the
assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor. The preceding paragraph 1 also applies to a private sponsor
except that the useful life of project items installed within a facility or the useful life
of the facilities developed or equipment acquired under an airport development or
noise compatibility program project shall be no less than ten (10) years from the
date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this
grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section
C apply to planning projects. The terms, conditions, and assurances of this grant
agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant
that:
Airport Sponsor Assurances (4/2012) ARP Page 1 of 17
General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this project including but
not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea.'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.
d. Hatch Act 5 U.S.C. 1501, et seq.
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et seq.
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. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
in. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.,
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.,
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
z
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.
X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction
Airport Sponsor Assurances (4/2012) ARP Page 2 of 17
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
C. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public
work financed in whole or part by loans or grants from the United States.
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non -construction contracts subject to the Contract Work
Hours and Safety Standards Act).
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.
in. 49 CFR Part 26 Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.
o. 49 CFR Part 29 Government wide debarment and suspension
(nonprocurement) and government wide requirements for drug-free
workplace (grants).
P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.
Office of Management and Budget Circulars
A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
Airport Sponsor Assurances (4/2012) ARP Page 3 of 17
b. A-133 - Audits of States, Local Governments, and Non -Profit
Organizations
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 Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the
above laws, regulations or circulars are incorporated by reference in this grant
agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative
of the applicant to act in connection with the application and to provide such
additional information as may be required.
b. Private Sponsor: It has legal authority to apply for this grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufficient funds
available to assure operation and maintenance of items funded under this grant
agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory
to the Secretary, to the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of
the sponsor, it holds good title satisfactory to the Secretary to that portion of
the property upon which Federal funds will be expended or will give
assurance to the Secretary that good title will be obtained.
Airport Sponsor Assurances (4/2012) ARP Page 4 of 17
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 this 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 this grant agreement without
approval by the Secretary. If the transferee is found by the Secretary to be
eligible under Title 49, United States Code, to assume the obligations of this
grant agreement and to have the power, authority, and financial resources to
carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make
binding upon the transferee all of the terms, conditions, and assurances
contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement
shall obligate that govenunent 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 govenunent if there is substantial
non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public -use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the sponsor,
the sponsor will reserve sufficient rights and authority to insure that the
airport will be operated and maintained in accordance Title 49, United
States Code, the regulations and the terms, conditions and assurances in this
grant agreement and shall insure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
Airport Sponsor Assurances (4/2012) ARP
Page 5 of 17
arrangement that results in permission for the owner or tenant of a property
used as a residence, or zoned for residential use, to taxi an aircraft between
that property and any location on airport. Sponsors of general aviation
airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must
comply with the requirements of Sec. 136 of Public Law 112-95 and the
sponsor assurances.
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.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport
development project under Title 49, United States Code, it has undertaken
reasonable consultations with affected parties using the airport at which project is
proposed.
9. Public Hearings. In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity for public
hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,
when requested by the Secretary, submit a copy of the transcript of such hearings to
the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a
major runway extension, or runway location it will provide for the Governor of the
state in which the project is located to certify in writing to the Secretary that the
project will be located, designed, constructed, and operated so as to comply with
applicable air and water quality standards. In any case where such standards have
not been approved and where applicable air and water quality standards have been
promulgated by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the project application has
been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after
January 1, 1995, for the replacement or reconstruction of pavement at the airport, it
assures or certifies that it has implemented an effective airport pavement
maintenance -management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with Federal
Airport Sponsor Assurances (4/2012) ARP
Page 6 of 17
financial assistance at the airport. It will provide such reports on pavement
condition and pavement management programs as the Secretary determines may be
useful.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public use airport, as defined in Title 49, it has, on the date of
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of this grant, the
total cost of the project in connection with which this grant is given or used,
and the amount or nature of that portion of the cost of the project supplied
by other sources, and such other financial records pertinent to the project.
The accounts and records shall be kept in accordance with an accounting
system that will facilitate an effective audit in accordance with the Single
Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to this 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 this grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not
later than six (6) months following the close of the fiscal year for which the
audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects funded under this grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by the
Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40
U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor,
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project
funded under this grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans,
and small business concerns owned and controlled by disabled veterans as defined
Airport Sponsor Assurances (4/2012) ARP Page 7 of 17
in Section 47112 of Title 49, United States Code. However, this preference shall
apply only where the individuals are available and qualified to perform the work to
which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval of the Secretary, shall be incorporated into this
grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into
this grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such cost
and progress reporting by the sponsor or sponsors of such project as the Secretary
shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
C. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will snake 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
Airport Sponsor Assurances (4/2012) ARP Page 8 of 17
part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition and
in accordance with the minimum standards as may be required or prescribed
by applicable Federal, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which
would interfere with its use for airport purposes. It will suitably operate and
maintain the airport and all facilities thereon or connected therewith, with
due regard to climatic and flood conditions. Any proposal to temporarily
close the airport for non -aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect
arrangements for-
a) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or
creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in the
immediate vicinity of the airport to activities and purposes compatible with normal
airport operations, including landing and takeoff of aircraft. In addition, if the
project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
Airport Sponsor Assurances (4/2012) ARP Page 9 of 17
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right
or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to-
e) furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2) charge reasonable, and not uffjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
C. Each fixed -based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed -based operator that is authorized or permitted by the airport to
serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport and
utilize similar facilities, subject to reasonable classifications such as tenants
or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
Airport Sponsor Assurances (4/2012) ARP Page 10 of 17
The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the services at an airport by a
single fixed -based operator shall not be construed as an exclusive right if both of
the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed -based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit
any person, firm, or corporation, the exclusive right at the airport to conduct
any aeronautical activities, including, but not limited to charter flights, pilot
training, aircraft rental and sightseeing, aerial photography, crop dusting,
aerial advertising and surveying, air carrier operations, aircraft sales and
services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of
aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an
aeronautical activity, and that it will terminate any exclusive right to
conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the
facilities and services at the airport which will make the airport as self-sustaining as
possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part of
the Federal share of an airport development, airport planning or noise compatibility
project for which a grant is made under Title 49, United States Code, the Airport
and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and
Airway Development Act of 1970 shall be included in the rate basis in establishing
fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on
or off the airport. The following exceptions apply to this paragraph:
Airport Sponsor Assurances (4/2012) ARP Page 11 of 17
1) 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.
2) If the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor's acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 20 -year period) of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1, 1996, plus
an amount equal to the federal share of the current fair market value
of any land acquired with an airport improvement grant made to that
airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at Section 47102 of title 49 United States Code), if the
FAA determines the airport sponsor meets the requirements set
forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report
will provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner
or operator are paid or transferred in a manner consistent with Title 49,
United States Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator.
C. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
available to the public; make available to the public at reasonable times and
places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
Airport Sponsor Assurances (4/2012) ARP Page 12 of 17
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of this grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary
and make available to the public following each of its fiscal years, an annual
report listing in detail:
1) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of
government and the amount of compensation received for provision
of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the
airport developed with Federal financial assistance and all those usable for
landing and takeoff of aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Government aircraft
will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aircraft, or during any calendar month that
a. Five (5) or more Government aircraft are regularly based at the
airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a
movement) of Government aircraft is 300 or more, or the gross
accumulative weight of Government aircraft using the airport (the
total movement of Government aircraft multiplied by gross weights
of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation
activities, or weather -reporting and communication activities related to air traffic
control, any areas of land or water, or estate therein, or rights in buildings of the
sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
Airport Sponsor Assurances (4/2012) ARP Page 13 of 17
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; (3) the location of all existing and proposed nonaviation areas and
of all existing improvements thereon; and (4) all proposed and existing
access points used to taxi aircraft across the airport's property boundary.
Such airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval
shall be evidenced by the signature of a duly authorized representative of
the Secretary on the face of the airport layout plan. The sponsor will not
make or permit any changes or alterations in the airport or any of its
facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary
(1) eliminate such adverse effect in a manner approved by the Secretary; or
(2) bear all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or
handicap be excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance obligates the sponsor
for the period during which Federal financial assistance is extended to the program,
except where Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements thereon in
which case the assurance obligates the sponsor or any transferee for the longer of
the following periods: (a) the period during which the property is used for a
purpose for which Federal financial assistance is extended, or for another purpose
involving the provision of similar services or benefits, or
(b) the period during which the sponsor retains ownership or possession of the
property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
Airport Sponsor Assurances (4/2012) ARP Page 14 of 17
including land serving as a noise buffer, it will dispose of the land, when
the land is no longer needed for such purposes, at fair market value, at the
earliest practicable time. That portion of the proceeds of such disposition
which is proportionate to the United States' share of acquisition of such
land will be, at the discretion of the Secretary, (1) reinvested in another
project at the airport, or (2) transferred to another eligible airport as
prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order, (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114, 47115, or 47117 of title 49
United States Code, (4) transferred to an eligible sponsor of another public
airport to be reinvested in an approved noise compatibility project at that
airport, and (5) paid to the Secretary for deposit in the Airport and Airway
Trust Fund. If land acquired under a grant for noise compatibility purposes
is leased at fair market value and consistent with noise buffering purposes,
the lease will not be considered a disposal of the land. Revenues derived
from such a lease may be used for an approved airport development project
that would otherwise be eligible for grant funding or any permitted use of
airport revenue.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make available
to the Secretary an amount equal to the United States' proportionate share of
the fair market value of the land. That portion of the proceeds of such
disposition which is proportionate to the United States' share of the cost of
acquisition of such land will, (1) upon application to the Secretary, be
reinvested or transferred to another eligible airport as prescribed by the
Secretary. The Secretary shall give preference to the following, in
descending order: (1) reinvestment in an approved noise compatibility
project, (2) reinvestment in an approved project that is eligible for grant
funding under Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for
grant funding under Sections 47114, 47115, or 47117 of title 49 United
States Code, (4) transferred to an eligible sponsor of another public airport
to be reinvested in an approved noise compatibility project at that airport,
and (5) paid to the Secretary for deposit in the Airport and Airway Trust
Fund.
C. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (2) the revenue
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987, was notified by the operator or owner of
Airport Sponsor Assurances (4/2012) ARP Page 15 of 17
the uses of such land, did not object to such use, and the land continues to be
used for that purpose, such use having commenced no later than December
15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract
for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under
Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications -based requirement prescribed for or by the sponsor of the
airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to
be used to fund any project which uses any product or service of a foreign country
during the period in which such foreign country is listed by the United States Trade
Representative as denying fair and equitable market opportunities for products and
suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in
accordance with policies, standards, and specifications approved by the Secretary
including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects, dated April 16, 2013 and included in this
grant, and in accordance with applicable state policies, standards, and specifications
approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring
real property, to the greatest extent practicable under State law, by the land
acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2) It will provide
a relocation assistance program offering the services described in Subpart C and fair
and reasonable relocation payments and assistance to displaced persons as required
in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable
period of time prior to displacement, comparable replacement dwellings to
displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of transportation to
have access to the airport; however, it has no obligation to fund special facilities for
intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of any
Airport Sponsor Assurances (4/2012) ARP Page 16 of 17
DOT -assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award
and administration of DOT -assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator will grant to the aircraft
owner for the hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined
in section 47102 of title 49, U.S.C.) has been unable to accommodate one or
more requests by an air carrier for access to gates or other facilities at that
airport in order to allow the air carrier to provide service to the airport or to
expand service at the airport, the airport owner or operator shall transmit a
report to the Secretary that -
1) Describes the requests;
2) Provides an explanation as to why the requests could not be
accommodated; and
3) Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Airport Sponsor Assurances (4/2012) ARP Page 17 of 17
p1- AV�gT
FAA
Airports
yo 0
NIS RPS\
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 4/16/2013
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory circulars
NUMBER
TITLE
70/7460-1 K
Obstruction Marking and Lighting
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-613
Change 1
Airport Master Plans
150/5070-7
The Airport System Planning Process
150/5100-13B
Development of State Standards for Nonprimary Airports
150/5200-28D
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C
Airport Winter Safety And Operations
150/5200-31 C
Change 2
Airport Emergency Plan
150/5210-5D
Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D
Aircraft Rescue and Fire Fighting Communications
150/5210-13C
Airport Water Rescue Plans and Equipment
150/5210-14B
Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A
Aircraft Rescue and Firefighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
FAA Advisory Circulars Required for Use in Updated 4/16/2013 Page 1 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER
TITLE
150/5210-19A
Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on
Airports
150/5220-10E
Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16D
Automated Weather Observing Systems (AWOS) for Non -Federal Applications
150/5220-17B
Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20
Change 1
Airport Snow and Ice Control Equipment
150/5220-21 C
Aircraft Boarding Equipment
150/5220-22B
Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23
Frangible Connections
150/5220-24
Foreign Object Debris Detection Equipment
150/5220-25
Airport Avian Radar Systems
150/5220-26
Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B)
Out Squitter Equipment
150/5300-7B
FAA Policy on Facility Relocations Occasioned by Airport Improvements or
Changes
150/5300-13A
Airport Design
150/5300-14B
Design of Aircraft Deicing Facilities
150/5300-16A
General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C
Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5C
Change 1
Surface Drainage Design
150/5320-6E
Airport Pavement Design and Evaluation
FAA Advisory Circulars Required for Use in Updated 4/16/2013 Page 2 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER
TITLE
150/5320-12C
Changes 1- 8
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-15A
Management of Airport Industrial Waste
150/5325-4B
Runway Length Requirements for Airport Design
150/5335-56
Standardized Method of Reporting Airport Pavement Strength - PCN
150/5340-1 K
Change 1
Standards for Airport Markings
150/5340-5C
Segmented Circle Airport Marker System
150/5340-18F
Standards for Airport Sign Systems
150/5340-30G
Design and Installation Details for Airport Visual Aids
150/5345-3G
Specification for L-821, Panels for the Control of Airport Lighting
150/5345-513
Circuit Selector Switch
150/5345-7E
Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10G
Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F
Specification for Airport and Heliport Beacons
150/5345-13B
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D
FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28G
Precision Approach Path Indicator (PAPI) Systems
150/5345-39D
Specification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42G
Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345-43G
Specification for Obstruction Lighting Equipment
150/5345-44J
Specification for Runway and Taxiway Signs
150/5345-45C
Low -Impact Resistant (LIR) Structures
FAA Advisory Circulars Required for Use in Updated 4/16/2013 Page 3 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER
TITLE
150/5345-46D
Specification for Runway and Taxiway Light Fixtures
150/5345-47C
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49C
Specification L-854, Radio Control Equipment
150/5345-50B
Specification for Portable Runway and Taxiway Lights
150/5345-51 B
Specification for Discharge -Type Flashing Light Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53D
Airport Lighting Equipment Certification Program
150/5345-54B
Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A
Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12E
Airport Signing and Graphics
150/5360-13
Change 1
Planning and Design Guidelines for Airport Terminal Facilities
150/5360-14
Access to Airports By Individuals With Disabilities
150/5370-2F
Operational Safety on Airports During Construction
150/5370-10F
Standards for Specifying Construction of Airports
150/5370-11 B
Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A
Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5370-15B
Airside Applications for Artificial Turf
150/5370-16
Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17
Airside Use of Heated Pavement Systems
150/5380-613
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2C
Heliport Design
FAA Advisory Circulars Required for Use in Updated 4/16/2013 Page 4 of 5
AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5395-1 Seaplane Bases
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 4/16/2013
NUMBER
TITLE
150/5100-14D
Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-17
Changes 1 - 6
Land Acquisition and Relocation Assistance for Airport Improvement Program
Assisted Projects
150/5300-913
Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects
150/5300-15A
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-61D
Changes 1 - 4
Construction Progress and Inspection Report — Airport Grant Program
150/5370-12A
Quality Control of Construction for Airport Grant Projects
150/5380-7A
Airport Pavement Management Program
FAA Advisory Circulars Required for Use in Updated 4/16/2013 Page 5 of 5
AIP Funded and PFC Approved Projects ARP