HomeMy WebLinkAboutResolution - 6237 - Airport Project Participation Agreement - TDOT - Air Service Study, LIA - 03/25/1999Resolution No. 6237
Item No. 21
March 25, 1999
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 an Airport Project
Participation Agreement between the City of Lubbock and the State of Texas, acting
through the Texas Department of Transportation, to accept a grant for the Air Service
Study for the Lubbock International Airport, and all related documents. Said Agreement
is attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the Council.
Passed by the City Council this 25th
ATTEST:
)(dL
Kaythtl7nell, City Secretary
APPROVED AS TO CONTENT:
Mar le, Director of Aviation
APPROVED AS TO FORM:
day of March 519 99.
WINDY sipro, MAY R
Linda L. Chamales, Supervising Attorney
Office Practice Section
gs.ccdocs/Air Service Study.res
March 17, 1999
Texas Department of Transportation
AVIATION DIVISION
125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • 5121416-4500 • FAX 512/416-4510
April 30, 1999
The Honorable Windy Sitton
Mayor, City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457-0001
RE: TxDOT Number! 99AIRSERV
Dear Mayor Sitton:
We are pleased to return to you the completed Airport Project Participation Agreement between
the City of Lubbock and the Texas Department of Transportation for the Air Service Study. It is
estimated that the Sponsor share of $1,000 will be due in June 1999. We will bill you 30 days
prior to the needed receipt of the funds.
For this project, the assigned Grant Manager is Anna Saldana; she will handle the execution of the
contracts involved for the project. The assigned Project Manager is Charlotte Bergfeld; she will
handle all technical and management aspects of the airport design project. You may contact
either for assistance, as you need.
We look forward to the successful completion of this important project. Please call us for any
data you desire at 1-800-687-4568 (800 -68 -PILOT).
Sincerely,
—y' 7 r
Kathy Griffin
Grant Manager
cc: Mr. Mark Earle
Charlotte Bergfeld
Andrew Velayos, FAA TxADO
An Equal Opportunity Employer
MA" 0 3 1999
MAYORS OFFICE
Resolution No. 6237
Item No. 21
March 25, 1999
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally and State Assisted Airport Development Grant)
TxDOT Contract. No.: 93CXFA042
TxDOT CSJ No.. 99AIRSER'V'
TxDOT Project No.: PG Air Service Study
Part I - Identification of the Project
TO: The City of Lubbock, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and the City of Lubbock, Texas, (hereinafter referred to as the "Sponsor").
WITNESSETH:
WHEREAS, the Sponsor desires to sponsor a project for the development of a public
aviation facility, known or to be designated as the Airport under the Airport and Airway
Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section
47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and
Procedures promulgated pursuant thereto; and under V.T.C.A. Transportation Code, Title 3,
Chapters 21-22, et seq. (Vernon and Vernon Supp); and
WHEREAS, the project is described as: a study on "Small Market Air Service Needs
Assessment" at the Lubbock International Airport.
WHEREAS, the Sponsor hereby applies for federal and state financial assistance and
desires the State to act as the Sponsor's agent in matters connected with the project described
above; and
WHEREAS, the parties hereto, by this Agreement, do hereby fix their respective
responsibilities, with reference to each other, with reference to the accomplishment of said project
and with reference to the United States.
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of
Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the
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representations and assurances contained in said Airport Project Participation Agreement 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 TEXAS DEPARTMENT OF TRANSPORTATION,
FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION
ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the project, ninety percentum of all allowable project costs. This grant is made on
and subject to the following terms and conditions:
Part H - Offer sof Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.401 et seq. (Vernon and Vernon
Supp).
2. It is estimated that the total project coast will be approximately $426,330 (Amount A). It is
further estimated that approximately $426,330 (Amount B) of the project costs will be eligible
for federal financial assistance, and that federal financial assistance will be for ninety percent
(90%) of the total eligible project costs_
3. The State shall provide state financial assistance for the above project in an amount equal to
fifty percent (50%) of the non-federal share of the total project costs eligible for federal
financial assistance and zero percent (0%) of the project costs not eligible for federal financial
assistance.
4. It is estimated that the Sponsor's share of the total project costs will be $1,000 (Amount Q.
Sponsor's share shall be fifty percent (50%) of the non-federal share, divided by the number of
participants in this study, currently 29.
5. The maximum obligation of the United States payable under this offer shall be $383,697
(Amount D).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items of this grant and not to
amend the scope of work to include items outside of the current determined needs of this
project. Scope of work may be amended as necessary to fulfill the unforeseen needs of
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this specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds.
6. 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 State and
the Federal Aviation Administration, 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.
7. Sponsor's share of project costs (Amount C) shall be paid initially in cash when requested
by the State. At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share.
8. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as heretofore stated. The
Sponsor hereby grants to the State and federal government the right, upon advance
written request during reasonable and regular business hours, to audit any books and
records of the Sponsor to verify said funds. In addition, the Sponsor shall disclose the
source of all funds for the project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount C) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail
to pay said obligation, either in whole or in part, within 30 days of written demand, the
State may exercise its rights under Paragraph V-7 hereof. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law or
equity.
PART III - Sponsor Responsibilities
1. in accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Airport Assurances (06/02/97)(State
Modified 7/97), attached hereto and made a part of this Agreement; and
b. it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
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C. the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years; and
d. consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement; and
e. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
f. it shall not permit non -aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
g. it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
commonly known as a "through -the -fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
h. it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
and that airport property identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use without prior written approval of the State; and
i. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
j. all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory. The
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proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites).
Sponsor shall not be required to pledge income received from the mineral estate to
airport use unless state and/or federal funds were used to acquire the mineral estate
of airport lands or any interests therein; and
k. an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole. All fees, charges, rents, and
money from any source derived from airport operations must be deposited in said
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor. All expenditures from the Airport Fund shall be
solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph;
and
1. following completion of the project where airport lighting is part of a project, the
Sponsor shall operate such lighting at least at low intensity from sunset to sunrise;
and
M, insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in 'Tex. Loc. Govt. Code Ann. §§ 241.001
et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain
avigation easements or other property interests in or rights to use of land or
airspace, unless Sponsor can show that acquisition and retention of such interests
will be impractical or will result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
such subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State; and
n. it will provide upon request to the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project; and
o, after reasonable notice, it will permit the State, the FAA, and any consultants and
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contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with
this project, to enter private property for purposes necessary to this project; and
P. it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upon which Federal and State funds have been
expended. For the purposes of this grant agreement, the term "funds" means
funds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to this or any other grant agreement. It shall obtain the approval of
the State as to any determination of the amount of such funds. It shall return the
recovered share, including funds recovered by settlement, order or judgment, to
the State. It shall furnish to the State, upon request, all documents and records
pertaining to the determination of the amount of the funds 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 funds shall be approved in advance by the State.
2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of the
Sponsor, the Sponsors agents or employees performed under this agreement. The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all expenses, including attorney fees
which might be incurred by the State in litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsors agents or employees.
3. The Sponsors acceptance of this Offer and ratification and adoption of the Agreement
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and said Agreement shall comprise a contract, constituting the
obligations and rights of the State of Texas and the Sponsor with respect to the
accomplishment of the project and the operation and maintenance of the airport. Such
Agreement shall become effective upon execution of this instrument and shall remain in
full force and effect for a period of at least 20 years.
4. Upon entering into this Agreement, Sponsor hereby agrees to name an individual, as the
Sponsors Authorized Representative, who shall be the State's contact with regard to this
project, and which individual shall have the authority to make approvals and disapprovals
as required on behalf of the Sponsor.
5. Upon entering into this Agreement, Sponsor agrees that the Regional Air Service Task
Force Subcommittee shall represent the Sponsor in the selection of a professional services
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consultant.
The committee will rank all proposals in accordance with the criteria agreed upon by the
committee and approved by the State. The Sponsor agrees to accept the subcommittee
ranking of the consultant selection.
6. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives
before, during and after the completion of this project.
7. The Sponsor shall have on file with the State: Certification Regarding Drug -Free
Workplace Requirements.
Part IV- Nomination of the Agent
1. The Sponsor hereby designates the State as the party to apply for, receive and disburse all
funds used, or to be used, in payment of the costs of said project, or in reimbursement to
either of the parties hereto for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements including
any statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise specifically provided herein.
3. The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor herewith grants the State a power of attorney to act
as its agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant
thereto, and the Sponsor;
b. receive, review, approve and process reimbursement requests for approved project
costs; and
C. pay to the Sponsor, from granted funds, the portion of any approved reasonable
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and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
Paying Agent:
d. receive, review, approve and pay 'invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agent:
e. advertise for professional services for, but not limited to, the preparation of
planning studies, plans and specifications for the above project and for the
management of the construction of the above project; certify consultant selection
procedures; provide notification of contract award for professional services; and
negotiate professional services fees; and execute, on behalf of the Sponsor, a
professional services agreement as related to this project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order, which
shall prevail and be controlling;
h. coordinate and review project reports and conduct progress audits.
PART V - Recitals
1. The State shall obtain an audit as required by federal or state regulations; and procure and
forward to the FAA such specific project documentation as is necessary to complete all
aspects of this project.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The
power of attorney, as granted by the Sponsor to the State in Part N e Nomination of
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement.
Page 8 of 12
3. The Sponsor hereby agrees to pursue and enforce contract items, which are required by
federal and/or state regulations, laws and orders to insure satisfactory performance of
contract vendors. Such items include, but are not limited to, bid bonds, payment bonds,
and performance bonds. Pursuit and enforcement of contract items may require litigation
and other remedies of law.
4. The United States and the State of Texas shall not be responsible or Gable for damage to
property or injury to persons, which may arise from, or be incident to, compliance with
this grant agreement.
5. This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action
necessary to lift the suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the
aforementioned rules and statutes shall be considered a breach of this contract and will
allow the State to pursue the remedies for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of
this Agreement. If, however, after all reasonable attempts to require compliance
have failed, the State finds that Sponsor is unwilling and/or unable to comply with
Page 9 of 12
any of the terms and conditions of this Agreement, the State may pursue any of the
following remedies: (1) require a refund of any money expended pursuant to the
Agreement herein, (2) deny Sponsor's fixture requests for aid, (3) request the
Attorney General to bring suit seeking reimbursement of any money expended on
the project pursuant to the Agreement herein, provided however, these remedies
shall not limit the State's authority to enforce its rules, regulations or orders as
otherwise provided by law, (4) declare this Agreement null and void, or (5) any
other remedy available at law or in equity.
b. Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties hereto in Travis
County, Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be denied
or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State hereunder are subject to constitutional and
statutory limitations and restrictions binding upon the Sponsor and the State (including §§
5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of
funds which lawfully may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement incorporated herein shall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and this Ofer and Acceptance
shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the
contractual obligations and rights of the United States, the State of Texas 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
State's written Notice to Proceed issued following execution of this agreement.
12. This contract is subject to the approval as to form by the Attorney General of the State of
Texas.
Page 10 of 12
Part VI - Acceptance of the Sponsor
The City of Lubbock, Texas, does hereby ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the foregoing Agreement, and does hereby accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Agreement thereof.
Executed this 25th
i Hess Signature
itY Secretar
Witness Title
day of March
1999.
The City of Lubbock, Texas
Spo
Signature
Mayor
Title
Certificate of Sponsor's Attorney
I, , �►��
41. c 2 7a""" , acting as attorney for ( --7' 7
Texas, do hereby certify that i have fully examined the foregoing Agreement and the proceedings
taken by said Sponsor relating thereto, and find that the manner of acceptance and execution
thereof, of the said Agreement by said Sponsor, is in accordance with the laws of the State of
Texas.
Dated at G,Texas, this day of , 1999.
Witness Si ature
Attorney's Signature
Witness Title Tidi
APPROVED AS TO CONTENT;
/ r
Mar -le, Director of viation
Page 11 of 12
Part VII - Attorney General's Approval
This contract is approved as to form.
Attorney General of Texas
By.
Assistant Aftorney General
Date. —2 D — � I
Part VIII - Acceptance of the State
STATE OF TEXAS
XAS DEPARTMENT OF TRANSPORTATION
By: �~—
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date;— �Z�� s'
Page 12 of 12
ATTACHMENT A PART V - ASSURANCES
Airport Sponsors
A. General.
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 Airport Project Participation Agreement (APPA) by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency
sponsor' means a public agency with control of a public -use airport; the term "private sponsor' means a private owner of a
public -use airport; and the term "sponsor' includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant
agreement.
Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,
conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout
the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not
to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there
shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions and assurances with
respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1
also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no
less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3,
5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant
agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the project, 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.G. 276(a), et_ seq.1
C, Federal Fair Labor Standards Act 229 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et sea. 1
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sen.
f. 2National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(#).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seg.
L Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
I. Title 49 „U.S.C., Section 303, (formerly known as Section 4(f))
M. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d--4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seg.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.
r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 373.
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.
t. Copeland Antikickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 42 U.S.C. 4321, et seg.l
V. Wild and Scenic Rivers Act, R.L. 90-542, as amended.
W, Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunityl
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - FloodPlain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction
l
Executive Order 12898 - Environmental Justice
Federal Regulations
Airport Assurances (06102197 - State Modified 7197) A- 1
a. 14 CFR Part 13 - Investigative and Enforcement Procedures
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
C. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by
loans or grants from the United States'
f 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted
construction (also labor standards provisions applicable to nonconstruction contracts subject to the Contract Work
Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor (Federal and federally assisted contracting requirements).1
h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local
governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation -
effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by minority business enterprise in Department of Transportation programs
1. 49 GFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted
programs.) 2
m. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting
from Federal financial assistance.1
n. 49 CFR Part 29 - Governmentwide debarment and suspension (non -procurement) and governmentwide
requirements for drug-free workplace (grants).
o. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny
procurement market access to U.S. contractors.
P. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-128 - Audits of State and Local Governments.
(1) These laws do not apply to airport planning sponsors.
R[3 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 the grant agreement.
2. Responsibility and Authority of the Sponsor
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed
project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the APPA, 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 APPA 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 APPA, including all understandings
and assurances contained therein; to act in connection with this APPA; and to provide such additional information
as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give
assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to
perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of
the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of
others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to
the Secretary.
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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 APPA or, for a noise compatibility program project, that portion of the property
upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the
grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under
Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority,
and financial resources to carry out ail such obligations, the sponsor shall insert in the contract or document
transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local government or are
on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to
the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a
grant to undertake the noise compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is
substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an
agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps
to enforce this agreement against the property owner whenever there is substantial non-compliance with the
terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a public -use airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the
sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the
airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms,
conditions and assurances in the grant agreement and shall insure that such arrangement also requires
compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this
APPA) of public agencies that are authorized by the State in which the project is located to plan for the development of the
area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on
property not owned by the airport and over which property another agency has land use control or authority, the sponsor
shall obtain from each such agency a written declaration that such agency supports that project and the project is
reasonably consistent with the agency's plans regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project
may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Bearings. 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 APPA has been
received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement
maintenance -management program and it assures that it will use such program for the useful life of any pavement
constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary determines may be useful.
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 request, all the safety equipment required for certification of
such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of
the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the
amount or nature of that portion of the cost of the project supplied by other sources, and such other financial
records pertinent to the project. The accounts and records shall be kept in accordance with an accounting
system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
Airport Assurances (06102197 - State Modified 7197) A- 3
It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly
authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records
of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted
by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or
used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six
(6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant
agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of
Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled
and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or
bids for the work,
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans
as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals
are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules
approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of
the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction
site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project contained in an approved project APPA 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 APPA or
with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning
work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material
was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with funds
under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost
of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the
project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any
planning material developed as part of this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future request 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 Hood conditions. Any proposal to temporarily close the
airport for nonaeronautical purposes must first be approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect arrangements for -
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal
funds have been expended.
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20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use on reasonable terms and without unjust discrimination,
to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to
the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to
any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the
public at the airport, the sponsor will insert and enforce provisions requiring the contractor to -
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the
contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers
c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as
are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is
authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenanl, or subtenant of another air carrier tenant)
shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees,
rentals, and other charges with respect to facilities directly and substantially related to providing air transportation
as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject
to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air
carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or
status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
operating aircraft on the airport; from performing any services on its own aircraft with its own employees
(including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. in the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of
the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide,
aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single
fixed -based operator shall not be construed as an exclusive right if both of the following apply:
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,
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a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30. 1987,
will be expended by it for the capital or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the airport and which are directly and
substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on
or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September
3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operators financing, provide for the use of the revenues from any of the airport
owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or
operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will
review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in
a manner consistent with Title 49, United States Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator.
C. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the
provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably
request and make such reports available to the public; make available to the public at reasonable times and places a report
of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport,
including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents relating to the project and continued
compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements,
regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable
request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public
following each of its fiscal years, an annual report listing in detail:
(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 Govemment aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas
of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any
portion thereof will be made available as provided herein within four months after receipt of a written request from the
Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport
facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment,
revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout
plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are
not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects
the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is
not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested,
by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of
relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring
such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing
before the unapproved change in the airport or its facilities.
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30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting
from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial
assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the
sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a
purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services
or benefits, or (b) the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land
is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the
proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at
the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an
approved noise compatibility project as prescribed by the Secretary.
b, (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will,
when the land is no longer needed for airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States' proportionate share of the fair market value of
the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the
cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national airport system, or
(b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for
aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from
interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a
grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for
airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for
that purpose, such use having commenced no later than December 15, 1989.
C. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right
therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications -based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses
any product or service of a foreign country during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and
specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory
Circulars for AIP projects, dated May 1, 1995 and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent
practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time
prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 GFR
Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for
intercity buses or for other modes of transportation.
Airport Assurances (06102/97 - State Modified 7/97) A-7
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated On: May 1, 1995
NUMBER
SUBJECT
7017460-1 H, CHG i & 2
Obstruction Marking and Lighting
15015000-13
Announcement of Availibility RTCA Inc., Document RTCA-221, Guidance and Recommended
Requirements for Airport Surface Movement Sensors
150/5100-14C
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
150/5210-513
Painting, Marking and Lighting of Vehicles Used on an Airport
15015210-7B
Aircraft Fire and Rescue Communications
150/5210-14
Airport Fire and Rescue Personnel Protective Clothing
15015210-15
Airport Rescue and Firefighting Station Building Design
150/521 0-1 8
Systems for Interactive Training of Airport Personnel
15015220-4B
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighing Vehicles
15015220-13B
Runway Surface Condition Sensor Specification Guide
15015220-14A
Airport Fire and Rescue Vehicle Specification Guide
15015220-16A
Automated Weather Observing Systems for NonFederal Applications
150/5220-17A
Design Standards for Aircraft Rescue Firefighting Training Facilities
15015220-18
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
15015220-19
Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles
15015220-20, CHG 1
Airport Snow and Ice Control Equipment
150/5220-21, CHG 1
Guide Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments
15015300-13. CHG 1, 2, 3, & 4
Airport Design
150/5300-14
Design of Aircraft Deicing Facilities
15015300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-5B
Airport Drainage
15015320-6C, CHG 1 & 2
Airport Pavement Design and Evaluation
15015320-12B
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5325-4A, CHG 1
Runway Length Requirements for Airport Design
15015340 -IG
Standards for Airport Marking
1501534040, CHG 1 &2
installation Details for Runway Centerline Touchdown Zone Lighting Systems
15015340-5B, CHG t
Segmented Circle Airport Marker System
15015340-14B, CHG 1 & 2
Economy Approach Lighting Aids
150/5340-17B
Standby Power for NonFAA Airport Lighting Systems
15015340-18C, CHG 1
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
15015340-21
Airport Miscellaneous Lighting Visual Aids
15015340-2313
Supplemental Wind Cones
15015340-24, CHG 1
Runway and Taxiway Edge Lighting System
15015340-27A
Air -To -Ground Radio Control of Airport Lighting Systems
15015345-3D
Specification for L-821 Panels for Remote Control of Airport Lighting
15015345-5A
Circuit Selector Switch
15015345-7D, CHG 1
Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
1 5 015 34 5-1 0F
Specification for Constant Current Regulators Regulator Monitors
150/5345-12C
Specification for Airport and Heliport Beacon
150/5345-13A
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
150/5345-26B, CHG 1 & 2
Specifications for L-823 Plug and Receptacle, Cable Connectors
15015345-27C
Specification for Wind Cones Assemblies
15015345-28D, CHG 1
Precision Approach Path Indicator (PAPI) Systems
15015345-39B, CHG 1
FAA Specification L-853, Runway and Taxiway Centerline Retroflective Markers
15015345-42C, CHG 1
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
150/5345-430
Specification for Obstruction Lighting Equipment
15015345-44F, CHG 1
Specification for Taxiway and Runway Signs
150/5345-45A
Lightweight Approach Light Structure
15015345-46A
Specification for Runway and Taxiway Light Fixtures
150/5345-47A
Isolation Transformers for Airport Lighting Systems
150/5345-49A
Specification L-854, Radio Control Equipment
15015345-50, CHG 1
Specification for Portable Runway Lights
150/5345-51, CHG 1
Specification for Discharge -Type Flasher Equipment
15015345-52
Generic Visual Glideslope Indicators (GVGI)
15015345-53
Airport Lighing Equipment Certification Program
15015360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
15015360-12A
Airport Signing and Graphics
15015360-13, CHG 1
Planning and Design Guidance for Airport Terminal Facilities
15015370-2C
Operational Safety on Airports During Construction
150/5370-66
Construction Progress and Inspection Report -Airport Grant Program
150/5370-10A, CHG 1, 2, 3, 4, 5, 6, 7, & 8
Standards for Specifying Construction of Airports
150/5370-11, CHG 1
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
15015370-12
Quality Control of Construction for Airport Grant Projects
150/5390-2A
Heliport Design
150/5390-3
Vertiport Design
A- 8
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No.: 9A442
TxDOT CSI No.: 99AIRSERV
TxDOT Project No.: PG Air Service Study
The City of Lubbock does hereby certify that sufficient funds to meet the Sponsor's share of
project costs as identified in the Airport Project Participation Agreement for said project will be
available in accordance with the schedule shown below:
SPONSOR FUNDS
So_ urce Amount Date Available
Ire"+ k%le.viu-_ Frld,ukt�
The City of Lubbock, Texas, has caused this to be duly executed in its name, this day of
, 1999.
The City of Lubbock Texas
(Sponsor)
By.-
Title.
y:Title: ntu r16& 'N (e � -
CERTIFICATION OF AIRPORT FUND
TxDOT Contract No.: 9X ffA042
TxDOT CSJ No.: 99AIRSERV
TxDOT Project No.: PG Air Service Study
The City of Lubbock does hereby certify that the _�� Airport Fund
(Name of Fund)
has been established for the City of Lubbock, and that all fees, charges, rents, and money from
any source derived from airport operations will be deposited for the benefit of the Airport Fund.
and will not be diverted for other general revenue fund expenditures or any other special fund of
the City of Lubbock and that all expenditures from the Fund will be solely for airport purposes.
Such fund may be an account as part of another fund, but must be accounted for in such a manner
that all revenues, expenses, retained earnings, and balances in the account are discernible from
other types of moneys identified in the fund as a whole.
The City of Lubbock, Texas, has caused this to be duly executed in its name, this day of
1999.
The City of Lubbock Texas
(Sponsor)
By -
Title:—
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(]) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.-
(c)
orkplace;(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the receipt of such notices.
Notices shall include the identification number(s) of each affected grant,
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agcy;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f),
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip code)
L-/�
Check if there are workplaces onfilethat are not identified here.
J
Signed: / ` Dated:'"'
Mark Ear1R Director of Aviation
Typed Name and Title of Sponsor Representative