HomeMy WebLinkAboutResolution - 5639 - Grant Agreement, Federal Assistance - FAA - Runway 17L/35R Reconstruction, LIA - 09/25/1997Resolution
Item 423
September
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
No. 5639
25, 1997
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Grant Agreement for Federal Assistance, in
substantially the form of the Agreement, attached herewith, by and between the City of
Lubbock and the Federal Aviation Administration for funding the reconstruction of Runway
17L/35R, and any associated documents, which Agreement shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 25th
ATTEST:
/61 � qW "
tayff Darnell, City Secretary
APPROVED AS TO CONTENT:
. Earle, Aviation Manager
APPROVED AS TO FORM:
Dbdald G. Vandiver, First Assistant
City Attorney
d a/ccdocs/faa-arpt. res
September 15, 1997
day of September , 1997.
rol9MW''NAV.
Resolution No.5639
e-26-97; 8:35PMi 7045219109 — LrA; 02 Item ept ether 25, 1997
ALJG--28-1997 1844 FROM DELTA A I RP13RT CONSOLTANTS TO 12 74496 F .02
PROJECT BUDGET SUMMARY
Rowbiltbfr Runwvy 17R -36L. Keel 01.6W x 50")
LLbbook kiternaftnal Airport Grant; Amount AIP•19
Wabock, Texas FAA $5,998,361.40
AIP A+ Oe No. 34&0138 - Local $866,484.60 18-97 60
Daft ftied No. TX 97M Total $6,664,846.00
Oafs: August 28, 1991
LATEST
AIP-19
BUDGET
BUDGET
LINE
ESTUMATE
ESTIMATE
a
Ade k shaftn
10.000.04
10,000.00
Subtofet:
110,00.00
$10,000,04
b.
wry
Design f3l+ wW Sur We (1 %;%Tech)
35,000.00
36,001104
Design Gw%dxreei (R*& -Km ner)
46,000.00
48.000.00
Design Concrete Specialists (APTech)
18,331.00
18,331.00
Sut4+otai:
$59,331.00
$99,331.00
d
Englneering Bask serAoes
Ono ftv Biddfp Phase (Defty- Sian)
329.060.00
323,060.00
Constar *w Phase Servloa (Delta -1 hvd Cost) (est)
163,746.40
163.718.00
&66otal:
$+86,906.00
$486,806.00
6.
offw EngleiWing
Q/A Teeing (e6q
75,000.00
16.000.00
Coru buadon SwiWa(ast)
10,000.00
10.040.00
Direct Nansalary Gveneea - Des)gn
1$800.00
12.900.00
17 mot NansaUvy 9",*" - Conslnxtm (eat)
TT.S69.00
77,550.00
Fated Fee - Desim
11,213.00
11213.00
Fisted Fere - ConsMrAon (est)
69.033.00
69,033,00
Ow Alkwance - Design
11,21340
11,213.00
Cost AHc,wa - Censtvciion (eat)
61.444.00
51,4E4.00
Sufatctak
$318,353.00
;318.3noo
i
t lnapaatan
RealdW4 "ad Repmeetftve (as*
188,039.00
1881088.00
Subtotal:
$180.099.04
$188,039.00
k.
COt18lrac6w
Goneacfar
5,362,317.00
5,%Z$17,90
R -M PCC #3C"
200,000.00
200,DKOD
Ser27DPW:
$615OZ317,00
35,562.317.00
Total.
$8,064,8a.00
06
$¢++�t,t1 ,000
T
�
�8!y0
FAA:
5.988,381.40
5,998,9&1.40
LCL-
SM484.60
856,4$4.60
Fite: ALT1C802.WK4
Resolution No.5639
Item X623 September 25, 199
OMB Approval No. 0348.0043
APPLICATION FOR
Z. UA rIE SUUMIr
Applicant Identifier
FEDERAL ASSISTANCE
SEE BLOCK 18e
1. TYPE OF SUBMISSION
J. DATE RECEIVED BY STATE
State Application Identiller
Application Preapplication
® Construction i ❑ Construction
4. DATE FECEIVILDBYffDfAALAM=Y
Federal Identifier
❑ Non -Construction ❑ Non -Construction
3-48-0138-19.97
5. APPLICANT INFORMATION
Legal Name
Organizational Unit
City of Lubbock
Lubbock International Airport
Address (give city, county, state, and zip codel
Name and telephone number of the person to be contacted on matters Involving
this application (give area code)
Route 3 Box 389
Mark Earle
Director of Aviation
Lubbock, Texas 79401
806-7 7.53126
6. EMPLOYER IDENTIFICATION NUMBER (EIN):
7. TYPE OF APPLICANT: (enter appropriate letter in box)
115 ® ® ® ® ®®
A State H Independent School Dist.
715
B County I State Controlled Institution of Higher Learning
C Municipal J Private University
D Township K Indian Tribe
8. TYPE OF APPLICATION:
® New ❑ Continuation
❑ Revision
E Interstate L Individual
❑ ❑
F Intermunicipal M Profit Organization
If Revision, enter appropriate letter(s) in box(es).
G Special District N Other (Specify)
A Increase Award B Decrease Award C
Increase Duration
9. NAME OF FEDERAL AGENCY
D. Decrease Duration Other (Specify):
Federal Aviation Administrtation, Southwest Region
Fort Worth, Texas 76193-0610
CQJ Cfil
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
10. CATALOG OF FEDERAL DOMESTIC
ASSISTANCE NUMBER:
1. Reconstruct RW 17R -35L Keel 111,500' x 501
TITLE: AIRPORT IMPROVEMENT PROGRAM
12. AREAS AFFECTED BY PROJECT (cities, counties, states,
etc.)
City of Lubbock
Lubbock County, Texas
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF
Start Date
Ending Date
a. Applicant
: b. Project
19
19
15. ESTIMATED FUNDING:
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372
PROCESS?
a. Federal
$5,998,361.00
a. YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE
TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR
b. Applicant
$
REVIEW ON
DATE (see 18e)
b. NO ❑ PROGRAM IS NOT COVERED BY E 0 12372
c. State
$
d. Local
$666,485.00
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e. Other
$
—
f. Program Income
$
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑ Yes If "Yes" attach an explanation ® No
g. TOTAL
$6,664,846.00
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE
ASSISTANCE IS AWARDED.
a. Typed Name of Authorized Representative
b. Title
c. Telephone Number
Debra Forte'
Asst. City Manager
806)775-2015
d. Sign urof Authoriz Repr entative
e. Date Signed
9-9-97
Previous Ldltlons Not usable ".o, . we "T `-
Prescribed by OMB Circular A-102
DEPARTMENT OF TRANSPORTATION•FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Does this assistance request require State, local,
regional, or other priority rating?
Name of Governing Body
Priority Rating
Yes ✓ No
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes ✓ No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
Yes ✓ No
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Date
Yes ✓ No
Item 5.
Is the proposed project covered by an approved
comprehensive Plan?
✓ Yes No
Item 6.
Will the assistance requested serve a Federal
installation?
We No. ao Ro78,
Check one: State ❑
Local ® Airport Layout Plan
Regional ❑
Location of plan Lubbock International Airport
Name of Federal Installation
Federal Population benefiting from Project
Yes ✓
No
Item 7.
Will the assistance requested be on Federal land
Name of Federal Installation
or installation?
Location of Federal Land
Yes ✓
No
Percent of Project
Item 8.
Will the assistance requested have an impact or effect
See instruction for additional information to be
on the environment?
provided. _
Yes ✓
No
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals
individuals, families, businesses, or farms?
Families
Businesses
Yes ✓
No
Farms
Item 10.
Is there other related Federal assistance on this
See instructions for additional information to be
project previous, pending, or anticipated?
provided.
Yes ✓
No
Page 2
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB x+0.04 -n0209
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1 . Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or
in the vicinity of the airport:
Height Hazard Zoning
2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States
Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
None
4. Land.- (a) The Sponsor holds the following property interest in the following areas of land • which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all
of which areas are identified on the aforementioned property map designated as Exhibit "A":
See Exhibit "A" on file with FAA/SWDO
State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4.76) Page 3a
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-SO209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interest.
(b), The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project, the following property interest in the following areas of land' on which such construction work is to be performed all
of which areas are identified on the aforementioned property map designated as Exhibit "A",
N/A
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under
the Project, the following property interest in the following areas of land' which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
N/A
5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport
owned or controlled by the Sponsor except as follows:
None
•State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4-76)
Page 3b
U. S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB No. 80 R -I0:;
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No . ............... 20.106
2. Functional or Other Breakout ................................ N/A
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or (-)
1. Administration expense
$
$
$10,000
2. Preliminary expense
$99,331
3. Land, structures, right-of-way
4. Architectural engineering basic fees
$486,806
5. Other architectural engineering fees
$318,353
6. Project inspection fees
$188,039
7. Land development
S. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
$5,562.317
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$6,664,846
15. Estimated Income (if applicable)
16. Net Project mount (Line 14 minus 15)
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
$6,664,846
20. Federal Share requested of Line 19
$5,998,361
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
$5,998,361
23. Grantee share
$666,485
24. Other shares
25. Total project (Lines 22, 23, & 24)
$
$
$6,664,846
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES THRU 7 Page 4
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
SECTION C - EXCLUSIONS
OMB f10.B0-ROle4
Classification
26
Ineligible for
Participation
11)
Excluded from
Contingency Provision
(2)
a.
$
$
b.
$666,485
d. Bonds
C.
e. Tax Levies
d.
g. Other (Explain)
e.
h. TOTAL - Grantee share
$666,485
f.
a. State
g. Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
$
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
$666,485
d. Bonds
e. Tax Levies
f. Non -Cash
g. Other (Explain)
h. TOTAL - Grantee share
$666,485
28. Other Shares
a. State
b. Other
C. Total Other Shares
29. TOTAL
$666,485
SECTION E - REMARKS
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-10 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 5
FAA AC 75-0232
SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS
General procurement standards for consultant services within Federal grant programs are described
in 49• CFR 18.36. Sponsors may use other qualifications -based procedures provided they are
equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14C.
Indicate N/A if this entire section is not applicable to the grant.
1. Advertisements were placed to ensure fair and open competition from a wide area of interest.
Yes ✓ No N/A
2. For contracts over $25,000, consultants were selected using competitive procedures based on
qualifications, experience, and disadvantaged business enterprise requirements with the fee determined
through negotiation.
Yes ✓ No N/A
3. An independent cost analysis was performed, and a record of negotiations has been prepared reflecting
the considerations involved in the establishment of fees.
Yes ✓ No N/A
4. If engineering or other services are to be performed by sponsor force account personnel, prior approval
was obtained from FAA.
Yes No N/A ✓
5. The consultant services contracts clearly establish the scope of work and delineate the division of
responsibilities between all parties engaged in carrying out elements of the project.
Yes ✓ No N/A
6. Costs associated with work ineligible for AIP funding are clearly identified and separated from eligible
items.
Yes No N/A ✓
7. All mandatory contract provisions for grant -assisted contracts have been included in all consultant
services contracts.
Yes ✓ No N/A
ASW -610: Master Grant Certification
SOUTHWEST REGION ONLY
AIP Grant Master Certification
Sponsor's Name: City of Lubbock
Airport: Lubbock International Airport
Project Number: _ 3-48-0138-19-97
Project Description: Reconstruct Runway 17R -35L Keel
Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act),
authorizes the Secretary to require certification from sponsors that they will comply with statutory and
administrative requirements. The following list of certified items includes major requirements for this aspect
of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully
complying with all applicable statutory and administrative standards. Every certified item must be marked.
Each certified item with a "no" response must be fully explained in an attachment to this certification. If
the item is not applicable to this project, mark the item "N/A."
I certify that, for the project identified herein, the responses to the following items are correct as marked,
and that the attachments, if any, are correct and complete.
Signed:
ponsor's Au
Mark Earle. Director of Aviation
Typed Name and Title of Sponsor's Representative
Dated:
This master certification is a reformatted version of Sponsor Certifications included within Attachments
through 5 of AIP Guidance Letter 91-1.
ASW -61 0: Master Grant Certification
SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS
General procurement standards for consultant services within Federal grant programs are described
in 49• CFR 18.36. Sponsors may use other qualifications -based procedures provided they are
equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14C.
Indicate N/A if this entire section is not applicable to the grant.
1. Advertisements were placed to ensure fair and open competition from a wide area of interest.
Yes ✓ No N/A
2. For contracts over $25,000, consultants were selected using competitive procedures based on
qualifications, experience, and disadvantaged business enterprise requirements with the fee determined
through negotiation.
Yes ✓ No N/A
3. An independent cost analysis was performed, and a record of negotiations has been prepared reflecting
the considerations involved in the establishment of fees.
Yes ✓ No N/A
4. If engineering or other services are to be performed by sponsor force account personnel, prior approval
was obtained from FAA.
Yes No N/A ✓
5. The consultant services contracts clearly establish the scope of work and delineate the division of
responsibilities between all parties engaged in carrying out elements of the project.
Yes ✓ No N/A
6. Costs associated with work ineligible for AIP funding are clearly identified and separated from eligible.
items.
Yes No N/A ✓
7. All mandatory contract provisions for grant -assisted contracts have been included in all consultant
services contracts.
Yes ✓ No N/A
ASW -610: Master Grant Certification
8. If the contract is awarded without competition, pre -award review and approval was obtained from FAA.
Yes No N/A ✓
9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not used.
Yes ✓ No N/A
10. If the services being procured cover more than the single grant project referenced in this certification,
the scope of work was specifically described in the advertisement, and future work will not be initiated
beyond five years.
Yes ✓ No N/A
ASW -610: Master Grant Certification
Standards for advertising and awarding equipment and construction contracts within Federal grant programs
are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local
laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory
Circulars 150/5100-6, 150/5100-15, and 150/5100-16.
Indicate N/A if this ^tire section is not applicable to the grant.
1. A code or standard of conduct (is) (will be) in effect governing the performance of the sponsor's officers,
employees, or agents in soliciting and awarding procurement contracts.
Yes ✓ No N/A
2. Qualified personnel (are) (will be) engaged to perform contract administration, engineering supervision,
and construction inspection and testing.
Yes ✓ No N/A
3. The procurement (was) (will be) publicly advertised using the competitive sealed bid method of
procurement.
Yes ✓ No N/A
4. The request for bids clearly and accurately (describes) (+ails deseribe) all administrative and other
requirements of the equipment and/or services to be provided.
Yes ✓ No N/A
5. Concurrence (w$$) (will be) obtained from FAA prior to contract award under any of the following
circumstances:
a. Only one qualified person/firm submits a responsive bid;
b. The contract is to be awarded to other than the lowest responsive and responsible bidder;
c. Life cycle costing is a factor in selecting the lowest responsive bidder, and =
d. Proposed contract prices are more than 10 percent over the sponsor's cost estimate.
Yes ✓ No N/A
6. All contracts exceeding $100,000, (require) a bid guarantee of 5 percent, a performance
bond of 100 percent, and a payment bond of 100 percent.
Yes v/ No N/A
ASW -610: Master Grant Certification
8. For construction activities within or near aircraft operational areas, the requirements contained in
Advisory Circular 150/5370-2 (have been) (willbe)discussed with FAA and incorporated into the
specifications. A safety/phasing plan (has been) (wail -be) prepared, and FAA concurrence (has been) (will
be) obtained, if required.
Yes _�/ No N/A
9. The project-(roaasj (will be) physically completed without Federal participation in costs due to errors or
omissions in the plans and specifications which were foreseeable at the time of project design.
Yes ✓ No N/A
ASW -610: Master Grant Certification
General requirements on real property acquisition and relocation assistance are in 49 CFR 24. The project
Grant Agreement contains specific requirements and assurances on the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (Uniform Act).
Indicate N/A if this entire section is not applicable to the grant.
1. Good and sufficient title (is) (will be) held on property in the project. The sponsor's attorney or other
official (has prepared) (will prepare) and (has) (will have) on file title evidence on the property.
Yes ' No N/A
2. If defects and/or encumbrances exist in the title which adversely impact the sponsor's intended use of
property in the project, they (have been) (will be) extinguished, modified, or subordinated.
Yes No N/A
3. If property for airport development (is) (will be) leased, the term is for 20 years or the useful life of the
project. The lessor is a public agency and the lease contains no provisions which prevent full compliance
with the grant agreement.
Yes No N/A
4. Property in the project (is) (will be) in conformance with the current Exhibit A (property map). The
property map is based on deeds, title opinions, land surveys, the approved airport layout plan, and project
documentation.
Yes No N/A
5. For any acquisition of property interest in noise sensitive approach zones and related areas, property
interest (was) (will be) obtained to ensure land is used for purposes compatible with noise levels associated
with operation of the airport.
Yes No N/A
6. For any acquisition of property interest in runway protection zones and areas related to FAR Part 77
surfaces, property interest (was) (will be) obtained for the right of flight and right of ingress and egress to
remove obstructions. Interest (was) (will be) obtained for the right to restrict the establishment of future
obstructions.
Yes No N/A
ASW -610: Master Grant Certification
7. Contracts exceeding $100,000 (contain) provisions or conditions specifying administrative,
contractual, and legal remedies, including contract termination, for those instances in which contractors
violate or breach contract terns. They also (contain) (will-eentairr) provisions requiring compliance with
applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)),
Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection
regulations (40 CFR Part 15).
Yes _s/ No N/A
8. All construction contracts involving labor (contain) provisions ensuring that in the
employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given
preference.
Yes ✓ No N/A
9. All construction contracts exceeding $2,000 (contain) (will eantai ) provisions requiring compliance with
the Davis -Bacon Act and bid solicitations (contain)11
) a copy of the current Federal wage rate
determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 USC 327-330) and the Copeland "Anti -Kick Back" Act (are) (will be) included.
Yes ✓ No N/A
10. All construction contracts exceeding $10,000 (contain) appropriate clauses from 41 CFR
Part 60 for compliance with Equal Employment Opportunity Executive Order 11246.
Yes ✓ No N/A
11. All contracts and subcontracts (contain) ("-ill eeataift) clauses required from Title VI Civil Rights
Assurances and 49 CFR 23 for Disadvantaged Business Enterprises.
Yes ✓ No N/A
12. Appropriate checks (have been) (will be) made to assure that contracts or subcontracts are not awarded
to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any
DOT element and appearing on the DOT Unified List.
Yes ✓ No N/A
ASW -610: Master Grant Certification
C s LTWIH LIKEW R1111 ► s WNSIN Dow FRUN
General requirements for final acceptance and close-out of Federally funded construction projects are in 49
CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with
specific requirements of the Grant Agreement and contract documents.
Indicate N/A if this entire section is not applicable to the grant.
1. The personnel engaged in project administration, engineering supervision, and construction inspection
and testing (were) (will be) determined to be qualified and competent to perform the work.
Yes ' ✓ No N/A
2. Daily construction records (were) (will be) kept by the resident engineer/construction inspector. These
records document work in progress, quality and quantity of materials delivered, test locations and results,
instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and
changes required.
Yes ✓ No N/A
3. Weekly payroll records and statements of compliance (were) (will be) submitted by the prime contractor
and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100-6
and 150/5100-15).
Yes ✓ No N/A
4. Complaints regarding the mandated Federal provisions set forth in the contract documents (have been)
(will be) submitted to FAA.
Yes ✓ No N/A
5. All tests specified in the plans and specifications (were) (will be) performed and the test results
documented. A summary of test results (has been) (will be) available to FAA.
Yes ✓ No N/A
6. For any test results outside allowable tolerances, appropriate corrective actions (were) (will be) taken.
Yes ✓ No N/A
ASW -610: Master Grant Certification
7. Appraisals (include) (will include) valuation data to estimate the current market value for the property
interest acquired on each parcel and (were) (will be) prepared by qualified real estate appraisers hired by the
sponsor. An opportunity (was) (will be) provided the property owner or representative to accompany
appraisers during inspections.
Yes No N/A
8. Each appraisal (has been) (will be) reviewed by a qualified review appraiser to recommend an amount
for the offer of just compensation. The written appraisals and review appraisal are available to FAA for
review.
Yes' No N/A
9. A written offer to acquire each parcel (was) (will be) presented to the property owner for not less than
the approved amount of just compensation.
Yes No N/A
10. Effort (was) (will be) made to acquire each property through negotiation with no coercive action to
induce agreement. If negotiation (was) (will be) successful, project files (contain) (will contain) supporting
documents for settlements.
Yes No N/A
11. If a negotiated settlement is not reached, condemnation (was) (will be) initiated and a court deposit not
less than the just compensation (was) (will be) made prior to possession of the property. Project files
(contain) (will contain) supporting documents for awards.
Yes No N/A
12. If displacement of persons, businesses, farm operations, or nonprofit organizations is involved, a
relocation assistance program (was) (will be) established. Displaced persons (received) (will receive)
general information on the relocation program in writing, notice of relocation eligibility, and a
90 -day notice to vacate.
Yes No N/A
13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation
expenses (were) (will be) provided within a reasonable time period for each displaced occupant in
accordance with the Uniform Act.
Yes No N/A
ASW -610: Master Grant Certification
7. Payments to the contractor (were) (will be) made in compliance with contract provisions and verified by
the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, pay reduction
factors required by the specifications (were) will be) applied in computing final payments and a summary
of pay reductions (has been) (will be) available to FAA.
Yes ✓ No N/A
8. The project (wag) (will be) accomplished without significant deviations, changes, or modifications from
the approved plans and specifications, except where approval (wag) (will be) obtained from FAA.
Yes _/,_ No N/A
9. A final project inspection (wag) (will be) conducted with representatives of the sponsor and the
contractor. Project files (eentain) (will contain) documentation of the final inspection.
Yes ✓ No N/A
10. Work in the Grant Agreement (wag) (will be) physically completed and corrective actions required as
a result of the final inspection (were) (will be) completed to the satisfaction of the sponsor.
Yes ✓ No N/A
11. If requested, the as -built plans and an equipment inventory, if applicable, (have been) (will be)
submitted to FAA.
Yes ✓ No N/A
A revised airport layout plan (wag) (will be) made available to FAA.
Yes ✓ No N/A
12. Applicable close-out financial reports (have been) (will be) submitted to FAA.
Yes ✓ No N/A
ASW -610: Master Grant Certification
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 the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in
full force and effect throughout the useful life of the facilities developed or equipment acquired for
an airport development or noise compatibility program project, or throughout the useful life of the
project items installed within a facility under a noise compatibility program project, but in any event
not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for
the project. However, there shall be no limit on the duration of the assurance against exclusive
rights or the terms, conditions and assurances with respect to real property acquired with Federal
funds. Furthermore, the duration of the Civil Rights assurance shall be 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.
1. 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. 1
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seg.
C. Federal Fair Labor Standards Act 229 U.S.C. 201, et seg.
d. Hatch Act - 5 U.S.C. 1501, et se .
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et seg.
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Histonc 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 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
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
M. Rehabilitation Act of 1973 - 29 U.S.C. 794.
Airport Assurances (5/97) l
n. Civil Rights Act of 1964 - Title VI -42 U.S.C. 2000d through d-4
o. Age Discnmination Act of 1975 - 42 U.S.C. 6101, et seq.
P. Amencan Indian Religious Freedom Act, P. L. 95-341, as amended.
q Architectural Bamers Act of 1968 42 U.S.C. 4151, et seg.1
r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.1
t. Copeland Antikickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.1
V. Wild and Scenic Rivers Act, P.L 90-542, as amended.
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.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)
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.1
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).1
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.
I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs.) 2
M. 49 CFR Part 27 - Nondiscnmination 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 govemmentwide 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.
Airport Assurances (5/97,
b A-128 - Audits of State and Local Governments.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 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 cant' 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 the grant and to finance and
carry out the proposed project and comply with all terms, conditions, and
assurances of this grant agreement. It shall designate an official representative
and shall in writing direct and authorize that person to file this application,
including all understandings and assurances contained therein; to act in
connection with 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 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 tale
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. -
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or, for
a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in the grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of the grant agreement and to have the power,
authonty, 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.
Airport Assurances (5/97) 3
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 application) of public agencies that are authorized by the State in which
the project is located to pian 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 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
AUP0171 ASSUranCCS (:)/Y/)
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
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 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.
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit
and examination, any books, documents, papers, and records of the recipient that
are pertinent to the grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of
the accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which the grant was given or used, it
shall file a certified copy of 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 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.
1s. Planning Projects. In carrying out planning projects:
Airport Assurances (5/97)
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 make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or
the Secretary's approval of any planning material developed as part of this grant
does not constitute or imply any assurance or commitment on the part of the
Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and 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 temporanly 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.
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
Airport Assurances (5/97)
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, nontenant, or subtenant
of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such airport and 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 Ce
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:
Airport Assurances (5/97) 7
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. Provided, however, that if covenants
or assurances in debt obligations issued before September 3, 1982, by the owner or
operator of the airport, or provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated
by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall
not apply.
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 conceming, 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;
Airport Assurances (5/97) 8
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 duty 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:
(i) all amounts paid by the airport to any other unit of govemment and the
purposes for which each such payment was made; and
(ii) 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 Govemment 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, 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
Airport Assurance (5/97) 9
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 restonng such property (or replacement thereof) to the level of safety,
utility, efficiency, and cost of operation existing before the unapproved change in
the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on
the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefiting from funds received from this grant This
assurance obligates the sponsor for the period during which Federal financial assistance is
extended to the program, except where Federal financial assistance is to provide, or is in the form
of personal property or real property or interest therein or structures or improvements thereon in
which case the assurance obligates the sponsor or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits, or (b) the period during which the sponsor retains ownership or possession of the
property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will
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
Airport Assurances (5/97) 10
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 cant' out the project in accordance with policies,
standards, and specifications approved by the Secretary including but not limited 95 the advisory
circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 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.
Airport Assurances (5/97) l 1
CURRENT FAA ADVISORY CIRCULARS FOR ALP PROJECTS
Updated 5/1/95
NUMBER SUBJECT
70/746G -1H - CHG 1 6 2 - obstruction Marking and Lighting
150/5000-13 - Announcement of Availability--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
150/5210-58 - Painting, Marking and Lighting of Vehicles Used an an Airport
150/5210-78 - Aircraft Fire and Rescue Communications
150/5210-14 - Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 - Airport Rescue it Firefighting Station Building Design
150/5210-18 - Systems for Interactive Training of Airport Personnel
150/5220-48 - Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A - Guide Specification for water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-13B - Runway Surface Condition Sensor Specification Guide
150/5220-14A - Airport Fire and Rescue Vehicle Specification Guide
150/5220-16A - Automated Weather Observing Systems for NonFederal Applications
150/5220-17A - Design Standards for Aircraft Rescue Firefighting Training facilities
150/5220-18 - Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-19 - Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20 - CHG 1 - Airport Snow and Ice Control Equipment
150/5220-21 - CHG 1 - Guide Specification for Lifts Used to Board Airline Passengers With Nobility Impairments
150/5300-13 - CHG 1, 2, 3, 4 - Airport Design
150/5300-14 - Design of Aircraft Deicing Facilities
150/5300-15 - Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-5B - Airport Drainage
150/5320-6C - CHG 1 8 2 - Airport Pavement Design and Evaluation
150/5320-12B - Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 - Airport Landscaping for Noise Control Purposes
150/5325-4A - CHG 1 - Runway Length Requirements for Airport Design
150/5340-1G - Standards for Airport Markings
150/5340-4C - CHG 1 8 2 - Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B - CHG 1 - Segmented Circle Airport Marker System
150/5340-148 - CHG 1 2 - Economy Approach Lighting Aids
150/5340-17B - Standby Power for NonFAA Airport Lighting Systems
150/5340-18C - CHG 1 - Standards for Airport Sign Systems
150/5340-19 - Taxiway Centerline Lighting System
150/5340-21 - Airport Miscellaneous Lighting Visual Aids
1
150/5340-23B - Supplemental wind Cones
150/5340-24 - CHG 1 - Runway and Taxiway Edge Lighting System
150/5340-27A - Air -to -Ground Radio Control of Airport Lighting Systems
150/5345-3D - Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A - Circuit Selector Switch
150/5345-7D - CHG 1 - Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/534$=10E - Specification for Constant Current Regulators Regulator Monitors
150/5345-12C - Specification for Airport and Heliport Beacon
150/5345-13A - Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-268 - CHG 1 8 2 - Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27C - Specification for Wind Cone Assemblies
150/5345-28D - CHG 1 - Precision Approach Path Indicator (PAPI) Systems
150/5345-398 - CHG 1 - FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers
150/5345-42C - CHG 1 - Specification for Airport Light Bases, Transformer Housings, Junction Boxes and
Accessories
150/5345-43D - Specification for Obstruction Lighting Equipment
150/5345-44F - CHG 1 - Specification for Taxiway and Runway Signs
150/5345-45A - Lightweight Approach Light Structure
150/5345-46A - Specification for Runway and Taxiway Light Fixtures
150/5345-47A - Isolation Transformers for Airport Lighting Systems
150/5345-49A - Specification L854, Radio Control Equipment
150/5345-50 - CHG 1 - Specification for Portable Runway Lights
150/5345-51 - CHG 1 - Specification for Discharge -Type Flasher Equipment
150/5345-52 - Generic Visual Glideslope Indicators (GVGI)
150/5345-53 - Airport Lighting Equipment Certification Program
150/5360-9 - Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A - Airport Signing 8 Graphics
150/5360-13 - CHG 1 - Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C - Operational Safety on Airports During Construction
150/5370-68 - 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
150/5370-12 - Quality Control of Construction for Airport Grant Projects
150/5390-2A - Heliport Design
150/5390-3 - Vertiport Design
2
SAMPLE
0 GRANT AGREEMENT
U. S_ Department
of Transportation
FOR DEVELOPMENT PROJECT
fed" Aviatlon
Administration
PART I -OFFER
Date of Offer:
Airport: Lubbock International Airport Contract No.
TO: City of Lubbock, Texas
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein refer -ed
to as the "FAA")
HEREAS, the Sponsor has submitted to the FAA a Project Application (also called
K'an Applicatior. for
Federal Assistance) dated `or a grant of Federal funds for a project for development 3.'
the Lubbock International Airport (herein called the "Airport"), together with plans and specifications .or
such project, which Application for Federal Assistance, as approved by the FAA is hereby incorpo-at.—d
herein and made a part hereof, and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Projcct";
consisting of the foil owing-dcscribed airport development:
all as more particulariv described in the property map and plans and specifications incorporated in the said
Application for Federal Assistance.
FAA i -m" ! :o,•,- � ,:-W Oevvloomew cc Hsu Pm9mn ITEM 2 3/ Page I of 4 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49. (;nite,!
States Code, herein called "Title 49 U.S.C.," and in consideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contained in said Project Application and its acceptance
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
seccwnp1WiirV the Project, NINETY percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
I . The maximum obligation of the United States pa• able under this oLshallThe allowable costs of the project shat; not include any costs detea ineligible for consideration as
altaxability under Title 49 U.S.C.
3. Payment of the United States share of the allowable projec: costs will be made pursuant to and in accordance •pith the
provisions of such :e2ulatiotu and procedures as the Secretary shall prescribe. Final determination of the t;ni:ed States share cvt:;
be based upon the final audit of the total amount of allowable project costs and settlement will be made for auy upward
Jmn%%ard adjustments to the Federa; share of costs.
The sponsor shall carm out and complete :he Project witho t endue dela,.s and ire accordance with the to: -.is hereof.and suc`
rebulatiois and procedures as the Secretary shall presc-ibe, anb _grees to comply wr th the assurances uFich •ere :rade par,
Project application.
5. The FAA reserves the right to amend or c-,Ithdraw this offer at any time prior to its acceptance E} the sponsor.
6. This offer shall expire and the Untied States shail; net to oh'.iaated to ps} any par, of the cost•_ of the protea un!ess t'f'.s otfC
-as Men accepted by the sponsor before September 30, or such subsequent date as rrav be prescribed in writing the
FAA.
The sponsor shall take all steps, including !rtigat:or.:f reccssarv, to recover Federa! funds spent f-audulerth. •asteft:'.'.�..
m violation of Federal antitrust statutes, or misused In anv other manner in ary projec, ipon ,%,hich Federtl `ur_ds have dee-
exptndea. For the purposes of this grant agreement. the term "Federal funds" means funds; hcwever. used or disbursed b% the
sponsor rhat were origirally pard pursuant to this cur any other Federal grant agreement It shall obtain the approval Of ''e
--,
Secretaas to any determination of the amount of !',e Federel snare of st:ch. Tunas. :t sr.a!1 rer;:-z the-ecc%ered Federa! shay;
,ncludinb :u nds reco%cred by settlement, order or;udgnient to the Secret_ry It shall far!sli ,e arc Se_remn :pen -ecues:. :.
doeurtems and amcords r:rtatning :o the :letertr 1 to:inn of the amount of the Fe a1 share c -r to ar'. set=;errent. IltlgIIt,�
neegouatron, or other efforts taker. to recover such f;;nds. All settlements or ocher final positions of the sponsor, in :o -.:rt
otherwise. !nvoiving<the recovery of such Federal share shall be sppreved :n advance by the Secretary.
S. The United States shall not be responsible or liable for damage :o propem or injury to persons .vliich r.?ay arise f:em. or `e
incident to, compliance with this grant agreement.
9. Unless otherwise approved y5_ the FAA, the sper,sor •.viii not acquice or permit an% ;ont-sctor cr;ue:o^traacr :o acq::i-- a--,
steer or manufactured products produced outside the United States to ':ie lsed for any ;;roi_ct for a,rp,;rt •.1e•,e!oprnent ar ^o.se
:ompaubtiity for which funds are provided under this grant. The sponsor ...11 inc!u.:e :n ever\- ccatrac: _ prov!s!on :-npler.ienrr._
this s_mml condition.
?O_ oe proverty map referred to on Page I of this Grant �jrcenien! Property Map. Sxhlc;t 'A- attccl:e-d '
Appimatien for Federal Assistance attached hereto.
?wr► form 1 rc.. t• :191 pc%c ,n,=*•.1 _ 'scnc Prosmn Page 2 of 4 Pages
i ► It is mutually understood and agreed that if, during the life of the pro►ect, the FAA determines that'he g. ant Itnuunt
exceeds the expected needs of the sponsor by SS,000 or five (51a) percent, whichever is greater, the brant amount can 7e
untlaierail; reduced by letter from the FAA advising of the budget change. Conversely, if there is an over,un in the eligible
pro)eet costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (1 S'.'o) percent
limitation and will advise the sponsor by letter of the increase. Upon issuance of tither cf the afore•nenuoned lencrs. the
maxitnum obligation of the United States is adjusted to the amount specified.
12. if a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the aLthorited letter of credit only when
aeti lly needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to
tadhem to this provision may cause the letter of credit to be revoked.
13. The rilans and specifications refer—a to in Page 1 of this Grant Abreerr.ent are the pians and sp�ciiications Acrinf.ed as
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporate'
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and 'his
Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting cite
contractual obligations and rights of the United States and the Sponsor with respect to the accomplislmienc
the Prciect and compliance with the assurances and conditions as provided herein. Such Grant Agreerre-.-
shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Otis T. Welch, :Manager
Texas Airport Development Office
Page 3 of 4 Pages
PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, cove::ants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoinv
Offer and does hereby accept this OtTer and by such acceptance agrees to comply with all of the terms and
ewditions in this Offer and in the Project Application.
Executed this day of , 19
City of Lubbock, Texas
(Same of Spmut)
By:
(SEAL) (. pomoi6 (kailpatCC or)�c.el Repretentunru,
AMU:
Tide:
Title:
CERTIFICATE OF SPONSOR'S ,ATTORNEY
acting as .attorney for the Sponsor do herehv certif%
That in :n} opinion the Sponscr is empowered to enter into the foregoing Grant Agreement under -.H.-
1&%S of the State of Further, 1 ha,e=xamined the foregoing Gran'
Agreement and the actions taken by said Sponsor relating thereto. and find that the acceptance therecf b
said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof s
in ail respects due and proper and in accordance with the laws of the said State and Tale 49 L•.S C In
addition, for grants "Involving projects :o' e tarried out on propem not owned h%the Sponsor. the:: are :c
legs: impediments that will prevent full performance by the Sponsor. Further, it Is m-, opinion that :::e 3a:�
Grsnt Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the :erms
thmof.
Dated at
this day of ,19
;916nauut nf' Snmsur t Attorncv)
'µ `- -- - "-i: `n u;:� on: cr wuc P ^,•ems
Page 4 0' S PQ$CS
Resolution No. 5639
Item # 23
September 25, 1997
f;) GRANT AGREEMENT
U.S. Department
of Transportation
FOR DEVELOPMENT PROJECT
Federal Aviation
Administration
Date of Offer: September 23, 1997
Airport: Lubbock International Airport
TO: City of Lubbock, Texas
(herein referred to as the "Sponsor")
PART I -OFFER
Project No. 3-48-0138-19-97
Contract No. 97 SW -8229
FROM: The United States of America (acting through the Federal Aviation Administration, herein referred
to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for
Federal Assistance) dated September 9, 1997, for a grant of Federal funds for a project for development of
the Lubbock International Airport (herein called the "Airport"), together with plans and specifications for
such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated
herein and made a part hereof, and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project")
consisting of the following -described airport development:
Reconstruct Runway 17R -35L Keel (11,500' x 50')
all as more particularly described in the property map and plans and specifications incorporated in the said
Application for Federal Assistance.
WHEREAS, this project will not be completed during Fiscal Year 1997 and the total estimated cost of
completion will be approximately $6,664,846.00, of which the Federal share is $5,998,361.
FAA Form 5100-37 (10-89) Development or Noise Program Page 1 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United
States Code, herein called "Title 49 U.S.C.," and in consideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contained in said Project Application and its acceptance of
this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, NINETY percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
The maximum obligation of the United States payable under this offer shall be $5,021,514.00.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to
allowability under Title 49 U.S.C.
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.
The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer
has been accepted by the sponsor on or before September 30, 1997, or such subsequent date as may be prescribed in writing by
the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or
in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the
sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share,
including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shalt not be responsible or liable for damage to property or injury to persons which may arise from, or be
incident to, compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
10. The property map referred to on Page I of this Grant Agreement is the Property Map, Exhibit "A", attached to the
Application for Federal Assistance attached to AIP Project No. 3-48-0138-18-96.
FAA Form 5100-37 (10-89) Development or Noise Program Page 2 of 5 Pages
11. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount
exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be
unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible
project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent
limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the
maximum obligation of the United States is adjusted to the amount specified.
12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only as and
when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure
to adhere to this provision may cause the letter of credit to be revoked.
13. The Sponsor agrees to perform the following, if this project contains more than $250,000 of paving:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and
procedures to be used to comply with the quality control provisions of the construction contract, including, but not
limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a
minimum:
1. The name of the person representing the sponsor who has overall responsibility for contract administration for the
project and the authority to take necessary actions to comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project,
together with a description of the services to be provided.
3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and
Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the
method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of
test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that
the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed,
highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay
reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report
shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph 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.
14. 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 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 in the attached outline entitled: "Pavement Maintenance Management
Program."
FAA Form 5100-37 (10-89) Development or Noise Program Page 3 of 5 Pages
15. The plans and specifications referred to on Page l of this Grant Agreement are the plans and specifications identified as
Reconstruct Runway 17R -35L Keel (11,500' x 50') Invitation to Bid (ITB) No. 97190.
16. The maximum obligation for the current fiscal year stated in Condition 1 of this agreement may be increased by the
additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United State's
share of the total estimated cost of completion, except as provided in section 47108(b) of Title 49 U.S.C. Under section 47108(a)
of Title 49 U.S.C. and at the sponsor's request, the FAA commits the United States to obligate an additional amount to this project
for payment of its share of the cost, in accordance with the terms hereof. This additional amount will include all or part of the
funds apportioned to the sponsor for FY 1998 under section 47114(c)(1)(A) of Title 49 U.S.C., subject to the restriction on the use
of such apportionments now or hereafter imposed on FAA by Appropriations Acts now or hereafter enacted, or by any other
statute or regulation. It is further understood by the parties that this commitment does not in itself obligate,preclude, or restrict the
FAA in the use of any funds made available for discretionary use under sections 47114, 47115 and 47116 of Title 49 U.S.C. to
further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. The exact
amount of this commitment will be established for each fiscal year by the FAA in a letter to the sponsor stating the current
maximum obligation for this project. This letter will be issued to the sponsor by FAA when such computation and obligation can
be made in FY 1998. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into, and
part of, this agreement.
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 Title 49 U.S.C., constituting the
contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of
the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement
shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Otis T. Welch, Manager
Texas Airport Development Office
FAA Form 5100-37 (10-89) Development or Noise Program Page 4 of 5 Pages
PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Project Application.
Executed this _ a4r t4
day of ail-� , 19 U
(SEAL)
Attest: 4J4),�
Title:
City of Lubbock, Texas
(Name oA Sponsor)
By:
( on or's Mssi nae Official Representafivj—
T
Title: °(J
CERTIFICATE OF SPONSOR'S ATTORNEY
acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Texas. Further, I have examined the foregoing Grant Agreement and the actions taken
by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and Title 49 U.S.C. 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
this day of , 19.
FAA Form 5100-37 (10-89) Development or Noise Program page 5 of 5 Pages
OMB Approval No. 0348-0043
APPLICATION FOR
2. DATE SUBMITTED
Applicant Identifier
FEDERAL ASSISTANCE
SEE BLOCK 18e
1, TYPE OF SUBMISSION3.
DATE RECEIVED BY STATE
State Application Identifier
Application Preapplication
RConstruction i ❑ Construction
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier
❑ Non -Construction ❑ Non -Construction
3-48-0138-19-97
5. APPLICANT INFORMATION
Legal Name
Organizational Unit
City of Lubbock
Lubbock International Airport
Address (give city, county, state, and zip code)
Name and telephone number of the person to be contacted on matters involving
this application (give area code)
Route 3 Box 389
Mark Earle
Director of Aviation
Lubbock, Texas 79401
806-7753126
6. EMPLOYER IDENTIFICATION NUMBER (EIN):
7. TYPE OF APPLICANT: (enter appropriate letter in box)
M15-16 D D ®® ® RI
A State H Independent School Dist.
15.1 —16
Ins
R County I State Controlled Institution of Higher Learning
C Municipal J Private University
D Township K Ind+an Tribe
8. TYPE OF APPLICATION:
® New ❑ Continuation
❑ Revision
E Interstate L individual
F Intermunicipal M Profit Organization
If Revision, enter appropriate letter(s) in box(es).
❑ ❑
G Special District N Other {Specify)
A Increase Award B Decrease Award C
Increase Duration
9. NAME OF FEDERAL AGENCY
D. Decrease Duration Other (Specify):
Federal Aviation Adminis trtation, Southwest Region
Fort Worth, Texas 76193-0610
10. CATALOG OF FEDERAL DOMESTIC
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
ASSISTANCE NUMBER:
1. Reconstruct RW 17R -35L Keel (11,500' x 50')
TITLE: AIRPORT IMPROVEMENT PROGRAM
12. AREAS AFFECTED BY PROJECT (cities, counties, states,
e tc. )
City of Lubbock
Lubbock County, Texas
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF
Start Date
Ending Date
a. Applicant
b. Project
19
19
15. ESTIMATED FUNDING:
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372
PROCESS?
a. Federal
$5,998,361.00
a. YES THIS PREAPPLICATIONlAPPLICATION WAS MADE AVAILABLE
b. Applicant
$
TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR
REVIEW ON
DATE (see Ise)
b. NO ❑ PROGRAM IS NOT COVERED BY E 0 12372
c. State
$
d. Local
$666,485.00
L7 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e. Other
$
f. Program Income
$
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑ Yes If "Yes" attach an explanation ® No
g. TOTAL
$6,664,846.00
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA dN THIS APPLICATIONlPREAPPLICATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE
APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE
ASSISTANCE IS AWARDED.
a. Typed Name of Authorized Representative
b. Title
c. Telephone Number
Debra Forte'
Asst. City Manager
806)775-2015
d. SigWurof oriz Repr entative
e. Date Signed
9-9-97
rrevious taiuons Not Usame DLdIIUdIU runt: *car lnUV. w- Q!
Prescribed by OMB Circular A-10.2
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, Name of Governing Body
regional, or other priority rating? Priority Rating
Yes ✓ No
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes ✓ No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
Yes ✓ No
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Date
Yes ✓ No
Item 5.
Is the proposed project covered by an approved
comprehensive Plan?
✓ Yes
Item 6.
Will the assistance requested serve a Federal
installation?
OMB NO. 80-RO184
Check one: State ❑
Local M Airport Layout Plan
No Regional ❑
Location of plan Lubbock International Airport
Yes ✓ No
Item 7.
Will the assistance requested be on (Federal land
or installation?'
Yes ✓
Name of Federal Installation
Federal Population benefiting from Project
Name of Federal Installation
Location of Federal Land _
No Percent of Project
Item 8.
Will the assistance requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes ✓ No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals, families, businesses, or farms? Families
Businesses
Yes ✓ No Farms
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
Yes ✓ No
See instructions for additional information to be
provided.
Page 2
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB Nd.04-R0209
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1 . Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or
in the vicinity of the airport:
Height Hazard Zoning
2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States
Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
None
4. Land.- (a) The Sponsor holds the following property interest in the following areas of land * which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all
of which areas are identified on the aforementioned property map designated as Exhibit "A":
See Exhibit "A" on file with FAAISWDO
* State character of property in terest in each area and list and identify for each all excep tions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3a
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interest.
ib? The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project, the following property interest in the following areas of land* on which such construction work is to be performed all
of which areas are identified on the aforementioned property map designated as Exhibit "A".
N/A
ic} The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of ali construction work under
the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
NIA
5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport
owned or controlled by the Sponsor except as follows:
None
*State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 [4-75]
Page 3b
U. S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO.80-R-1084
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No . ............... 20.106
2. Functional or Other Breakout ................................ NIA
SECTION B - CALCULATION OF FEDERAL GRANT
Cast Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or ;-)
1. Administration expense
$
$
$10,000
2. Preliminary expense
$99,331
3. Land, structures, right-of-way
4. Architectural engineering basic fees
1
$486,806
5. Other architectural engineering fees
$318,353
6. Project inspection fees
$188,039
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
$5,562,317
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$6,664,846
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 1 5)
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
$6,664,846
20. Federal Share requested of Line 19
$5,998,361
21. Add Rehabilitation Grants Requested 1100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
$5,998,361
23. Grantee share
$666,485
24. Other shares
25. Total project (Lines 22, 23, & 24)
$
$
$6,664,846
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES THRU 7 Page 4
OMB Approval No. 0348-0043
APPLICATION FOR
2. DATE SUBMITTED
Applicant Identifier
FEDERAL ASSISTANCE
SEE BLOCK 18e
1. TYPE OF SUBMISSION :
3. DATE RECEIVED BY STATE
State Application Identifier
Application Preapplication
Construction ; ❑ Construction
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier
ElNon-Construction ElNon-Construction3-48-0138-19-37
5. APPLICANT INFORMATION
Legal Name
Organizational Unit
City of Lubbock
Lubbock International Airport
Address (give city, county, state, and zip code)
Name and telephone number of the person to be contacted on matters involving
this application (give area code)
Route 3 Box 389
Mark Earle
Director of Aviation
Lubbock, Texas 79401
806-7 75 3126
6. EMPLOYER IDENTIFICATION NUMBER (EINE
7. TYPE OF APPLICANT: (enter appropriate letter in box)
rj��-�j
171 ® —16 ® ®
[a D ®
A State H Independent School Dist.
IBJ
B County I State Controlled Institution of Higher Learning
C Municipal J Private University
D Township K Indian Tribe
8. TYPE OF APPLICATION:
® New ❑ Continuation
❑ Revision
E Interstate L Individual
F Intermunicipal M Profit Organization
If Revision, enter appropriate letter(s) in box{es).
❑ ❑
G Special District N Other (Specify)
A Increase Award B Decrease Award C
Increase Duration
9 NAME OF FEDERAL AGENCY
D. Decrease Duration Other (Specify):
Federal Aviation Administrtaton, Southwest Region
Fort Worth, Texas 76193-0610
10. CATALOG OF FEDERAL DOMESTIC Q �I ®
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
ASSISTANCE NUMBER:
1. Reconstruct RW 17R -35L Keel 111,500' x 501
TITLE: AIRPORT IMPROVEMENT PROGRAM
12. AREAS AFFECTED BY PROJECT (cities, counties, states,
etc.)
City of Lubbock
Lubbock County, Texas
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF
Start Date Ending Date
a. Applicant
b. Project
19
19
15. ESTIMATED FUNDING:
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372
PROCESS?,361.00
a. Federal
$5,995
a. YES THIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE
TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR
b. Applicant
$
REVIEW ON
DATE (see 18e)
b. NO ❑ PROGRAM IS NOT COVERED BY E O 12372
c. State
$
d. Local
5666,485.00
El OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e. Other
$
f. Program Income
$
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑ Yes If "Yes" attach an explanation Fx1 No
g. TOTAL
$6,664,846.00
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONlPREAPPLICATION' ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE
APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE
ASSISTANCE IS AWARDED.
a. Typed Name of Authorized Representative
b. Title
c. Telephone Number
Debra Forte'
]Asst.
City Manager
806)775-2015
d. Sign ur of Authoriz Repr9fentative
e. Date Signed
0." l
9-9-97
Previous Editions Not Usable otanoara roan 4c4 MeV. 4-66i
Prescribed by OMB Circular A-102
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
PART 11
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, Name of Governing Body
regional, or other priority rating? Priority Rating
Yes ✓ No
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes ✓ No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
Yes ✓ No
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Date
Yes ✓ No
OMB N0, 80-80184
Item 5..
Is the proposed project covered by an approved Check one: State
comprehensive Plan? Local Yo Airport Layout Plan
✓ Yes No Regional ❑
Location of plan Lubbock International Airport
Item 6.
Will the assistance requested serve a Federal
installation?
Name of Federal Installation
Federal Population benefiting from Project
Yes ✓
No
Item 7.
Will the assistance requested be on Federal land
Name of Federal Installation
or installation?
Location of Federal Land
Yes ✓
No
Percent of Project
Item B.
Will the assistance requested have an impact or effect
See instruction for additional information to be
on the environment?
provided.
Yes ✓
No
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals
individuals, families, businesses, or farms?
Families
Businesses
Yes ✓
No
Farms
Item 10.
Is there other related Federal assistance on this
See instructions for additional information to be
project previous, pending, or anticipated?
provided.
Yes ✓ No
Page 2
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04-Ro209
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1 . Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or
in the vicinity of the airport:
Height Hazard Zoning
2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States
Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
None
4. Land.- (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all
of which areas are identified on the aforementioned property map designated as Exhibit "A":
See Exhibit "A" on file with FAAfSWDO
* State character of property interestin each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3a
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB N0, 04-RO209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interest.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project, the following property interest in the following areas of land* on which such construction work is to be performed all
of which areas are identified on the aforementioned property map designated as Exhibit "A".
NIA
(c) The Sponsor will acquire within a reasonabie time, and if feasible prior to the completion of all construction work under
the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
H01
5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport
owned or controlled by the Sponsor except as follows:
None
*State character of property interestin each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4-76)
Page 3b
U. S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO.80-8-1084
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No ................ 20.106
2. Functional or Other Breakout ................................ NIA
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or I-)
1. Administration expense
$
$
$10,000
2. Preliminary expense
$99,331
3. Land, structures, right-of-way
4. Architectural engineering bask fees
$486,806
5. Other architectural engineering fees
$318,353
6. Project inspection fees
$188,039
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
$6,562,317
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$6,664,846
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
18, Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
$6,664,846
20. Federal Share requested of Line 19
$5,998,361
21. Add Rehabiidtation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
$5,998,361
23. Grantee share
$666,485
24. Other shares
25. Total project (Lines 22, 23, & 24)
5
$
$6,664,846
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES THRU 7 Page 4
A. General.
PART V
ASSURANCES
Airport Sponsors
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.
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 pub€ic
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.
Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant
agreement.
B. Duration and Applicability.
Airport development or Noise 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
shali 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.
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.
Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3,
51 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant
agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seg.1
C. Federal Fair Labor Standards Act 229 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et sea.
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601,
etetseg.1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1
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 sea.
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
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, etseg.
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. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, etseg.
t. Copeland Antikickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, etseg.
1
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
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 Opportunityl
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - FloodPlain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Airport Assurances (06/02/97) V- I
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction)
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 afplicable 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).'
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 GFR Part 23 - Participation by minority business enterprise in Department of Transportation
programs.
I. 49 GFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs.1 2
M. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or
benefitting from Federal financial assistance.)
n. 49 CFR Part 29 - Govemmentwide 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.
2 These laws do not apply to private sponsors.
3 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.
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 applicants governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person identified
as the official representative of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed
project and comply with all terms, conditions, and assurances of this grant agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file this
application, including all understandings and assurances contained therein; to act in connection with
this application; and to provide such additional information as may be required.
Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
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.
Airport Assurances (06/02/97) V- 2
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without
the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any
outstanding rights or claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests
in the property shown on Exhibit A to this application or, for a noise 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 approvaV 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 all such
obligations, the sponsor shall insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances
contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it will enter
into an agreement with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions, and assurances that would be
applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program
project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps
to enforce this agreement against the local government if there is substantial 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 shalt/ insure that
such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to plan for the development of
the area surrounding the airport. For noise 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.
e. 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.
g. 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 financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary determines may be useful.
Airport Assurances (06102197) V- 3
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 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.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their
duly authorized representatives, for the purpose of audit and examination, any books, documents,
papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in which an independent audit is made of
the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project
in connection with which the grant was given or used, it shall file a certified copy of 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 $2,004 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 shali 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 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 make such material available for examination by the public, and agrees that no material prepared
with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of
the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and
their subcontractors to do all or any part of this project as well as the right to disapprove the proposed
scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any
part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval
of any planning material developed as part of this grant does not constitute or imply any assurance or
commitment on the part of the Secretary to approve any pending or future application for a Federal
airport grant.
Airport Assurances (06/02/97) V-4
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
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.
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, nontenant, or subtenant of another air carrier
tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all such air carriers which make similar use of
such airport and utilize similar facilities, subject to reasonable classifications such as tenants or
nontenants and signatory carriers and nonsignatcry 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 Assurances (05102197) `y- 5
1. 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. Provided, however, that if covenants or assurances in debt obligations issued
before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September
3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to support not only the
airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation
on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on
aviation fuel) shall not apply.
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:
(i) all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made; and
(ii) 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.
Airport Assurances (06102197) V- 6
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, 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.
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.
Airport Assurances (06102197) W- 7
(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 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.
Airport Assurances (06/02197) V- 8
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated On., May 1, 1995
NUMBER
SUBJECT
70/7460-11-1, CHG 1 & 2
Obstruction Marking and Lighting
15015000-13
Announcement of Availibility RTCA Inc., Document RTCA-221, Guidance and Recommended
Requirements for Airport Surface Movement Sensors
15015100-14C
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
15015210-5B
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
150/5210-15
Airport Rescue and Firefighting Station Building Design
150/5210-18
Systems for Interactive Training of Airport Personnel
15015220-4B
Water Supply Systems for Aircraft Fire and Rescue Protection
15015220-10A
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
15(1/5220-16A
Automated Weather Observing Systems for NonFederal Applications
15015220-17A
Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-19
Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles
15015220-20, CHG 1
Airport Snow and Ice Control Equipment
15015220-21, CHG 1
Guide Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments
150/5300-13, CHG 1, 2, 3, & 4
Airport Design
15015300-14
Design of Aircraft Deicing Facilities
1 5015 300-1 5
Use of Value Engineering for Engineering Design of Airport Grant Projects
15015320-58
Airport Drainage
15015320-6C, CHG 1 & 2
Airporl Pavement Design and Evaluation
15015320-12B
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
15015320-14
Airport Landscaping for Noise Control Purposes
150/5325-4A, CHG 1
Runway Length Requirements for Airport Design
15015340-1G
Standards for Airport Marking
15015340-4C, CHG 1 &2
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
15015340-513, CHG 1
Segmented Circle Airport Marker System
15015340-14B, CHG 1 & 2
Economy Approach Lighting Aids
150/5340-17B
Standby Power for NonFAA Airport Lighting Systems
15015340-1 SC, CHG 1
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
150/5340-21
Airport Miscellaneous Lighting Visual Aids
150/5340-23B
Supplemental Wind Cones
150/5340-24, CHG 1
Runway and Taxiway Edge Lighting System
15015340-27A
Air -To -Ground Radio Control of Airport Lighting Systems
150!5345-3D
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
150/5345-10E
Specification for Constant Current Regulators Regulator Monitors
150/5345-12C
Specification for Airport and Heliport Beacon
15015345-13A
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
15015345-26B, 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 Retrofiective Markers
15015345-42C, CHG 1
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
15015345-43D
Specification for Obstruction Lighting Equipment
15015345-44F, CHG 1
Specification for Taxiway and Runway Signs
15015345-45A
Lightweight Approach Light Structure
15015345-46A
Specification for Runway and Taxiway Light Fixtures
15015345-47A
Isolation Transformers for Airport Lighting Systems
15015345-49A
Specification L-854, Radio Control Equipment
15015345-50, CHG 1
Specification for Portable Runway Lights
15915345-51, 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, CMG 1
Planning and Design Guidance for Airport Terminal Facilities
15015370-2C
Operational Safety on Airports During Construction
15015370-68
Construction Progress and Inspection Report -Airport Grant Program
15015370-10A, CHG 1, 2, 3, 4, 5, 6, 7, & 8
Standards for Specifying Construction of Airports
15015370-11, CHG 1
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
15015370-12
Quality Control of Construction for Airport Grant Projects
15015390-2A
Heliport Design
15015390-3
Vertiport Design
V- 9
Resolution No. 5639
Item # 23
September 25, 1997 +.
ez GRANT AGREEMENT
U.S. Department
of Transportation
FOR DEVELOPMENT PROJECT
Federal Aviation
Administration
PART I -OFFER
Date of Offer: September 23, 1997
Airport: Lubbock International Airport
TO: City of Lubbock, Texas
(herein referred to as the "Sponsor")
Project No. 3-48-0138-19-97
Contract No. 97 SW -8229
_� �_,L__
FROM: The United States of America (acting through the Federal Aviation Administration, herein referred
to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for
Federal Assistance) dated September 9, 1997, for a grant of Federal funds for a project for development of
the Lubbock International Airport (herein called the "Airport"), together with plans and specifications for
such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated
herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project")
consisting of the following -described airport development:
Reconstruct Runway 17R -35L Keel (11,500' x 50')
all as more particularly described in the property map and plans and specifications incorporated in the said
Application for Federal Assistance.
WHEREAS, this project will not be completed during Fiscal Year 1997 and the total estimated cost of
completion will be approximately $6,664,846.00, of which the Federal share is $5,998,361.
FAA Form 5100-37 (10.89) Development or Noise Program Page 1 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United
States Code, herein called "Title 49 U.S.C.," and in consideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contained in said Project Application and its acceptance of
this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, NINETY percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
The maximum obligation of the United States payable under this offer shall be $5,021,514.00
2. 'Be allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to
allowability under Title 49 U.S.C.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will
be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer
has been accepted by the sponsor on or before September 30, 1997, or such subsequent date as may be prescribed in writing by
the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or
in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the
sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. it shall return the recovered Federal share,
including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other fmal positions of the sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be
incident to, compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
10. The property map referred to on Page t of this Grant Agreement is the Property Map, Exhibit "A", attached to the
Application for Federal Assistance attached to AIP Project No. 3-48-0138-18-96.
FM Form 5100-37 (10-89) Development of Noise Program Page 2 of 5 Pages
1 1. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount
exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be
unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible
project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent
limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the
maximum obligation of the United States is adjusted to the amount specified.
12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only as and
when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure
to adhere to this provision may cause the letter of credit to be revoked.
13. The Sponsor agrees to perform the following, if this project contains more than 5250,000 of paving:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and
procedures to be used to comply with the quality control provisions of the construction contract, including, but not
limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a
minimum:
I . The name of the person representing the sponsor who has overall responsibility for contract administration for the
project and the authority to take necessary actions to comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project,
together with a description of the services to be provided.
3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and
Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the
method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of
test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that
the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed,
highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay
reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report
shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph 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.
14. 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 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 in the attached outline entitled: "Pavement Maintenance Management
Program!,
FAA Form 5I00-37 (10-89) DeveiWiment or Noise Program Page 3 of 5 Pages
15. The plans and specifications referred to on Page I of this Grant Agreement are the plans and specifications identified as
Reconstruct Runway 17R -35L Keel (11,500' x 50') Invitation to Bid (ITB) No. 97190.
16. The maximum obligation for the current fiscal year stated in Condition I of this agreement may be increased by the
additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United State's
share of the total estimated cost of completion, except as provided in section 47108(b) of Title 49 U.S.C. Under section 47108(a)
of Title 49 U.S.C. and at the sponsor's request, the FAA commits the United States to obligate an additional amount to this project
for payment of its share of the cost, in accordance with the terms hereof. This additional amount will include all or part of the
funds apportioned to the sponsor for FY 1998 under section 471 l4(c)(IXA) of Title 49 U.S.C., subject to the restriction on the use
of such apportionments now or hereafter imposed on FAA by Appropriations Acts now or hereafter enacted, or by any other
statute or regulation. It is further understood by the parties that this commitment does not in itself obligate,preclude, or restrict the
FAA in the use of any funds made available for discretionary use under sections 47114, 47115 and 47116 of Title 49 U.S.C. to
further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. The exact
amount of this commitment will be established for each fiscal year by the FAA in a letter to the sponsor stating the current
maximum obligation for this project, This letter will be issued to the sponsor by FAA when such computation and obligation can
be made in FY 1998. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into, and
part of, this agreement.
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 Title 49 U.S.C., constituting the
contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of
the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement
shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Otis T. Welch, Manager
Texas Airport Development Office
FAA Form 5100-37 (10-89) Development or Noise Program Page 4 of 5 Pages
PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Project Application.
Executed this 25th
(SEAL)
day of September
Attest: V
Title: City Secretary
19 97
City of Lubbock, Texas
(Name o Sponsor)
By:
(Sponsor's Designated rcial epresentative)
Title: _Mayer
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Don Vandivpr , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Texas. Further, I have examined the foregoing Grant Agreement and the actions taken
by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and Title 49 U.S.C. 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
this 25th day of September '19
First Assistant City Attorney
FAA Form 5100-37 (,10-89) Development or Noise Program Page 5 of 5 Pages
OMB Approval No. 0348-0043
APPLICATION FOR
2. DATE SUBMITTED
Applicant Identifier
FEDERAL ASSISTANCE
SEE BLOCK 1 B
1. TYPE OF SUBMISSION
3. DATE RECEIVED BY STATE
State Application Identifier
Application Preapplica tion
® Construction i ❑ Construction-
4. DATE BYFEDERAL AGENCY
ederalldentifier
❑ Non -Construction ❑ Non -Construction
3-48-0138-19-97
5. APPLICANT INFORMATION
Legal Name
Organizational Unit
City of Lubbock
Lubbock International Airport
Address (give city, county, state, and zip code)
Name and telephone number of the person to be contacted on matters involving
this application (give area code)
Route 3 Box 389
Mark Earle
Director of Aviation
Lubbock, Texas 79401
806-775-3126
6. EMPLOYER IDENTIFICATION NUMBER (EIN):
7. TYPE OF APPLICANT: (enter appropriate letter in box)
A State H Independent School Dist.
B County I State Controlled Institution of Higher Leamktg
C Municipal J Private University
D Township K Indian Tribe
B. TYPE OF APPLICATION:
® New ❑ Continuation ❑ Revision
E Interstate L Individual
F Intermunicipal M Profit Organization
If Revision, enter appropriate ietterls) in box(es). ❑ ❑
G Special District N Other ISpecifyl
A Increase Award B Decrease Award C Increase Duration
9. NAME OF FEDERAL AGENCY
D. Decrease Duration Other (Specify):
Federal Aviation Administrtation, Southwest Region
Fort Worth, Texas 76193-0610
10. CATALOG OF FEDERAL DOMESTIC
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
ASSISTANCE NUMBER:
1. Reconstruct RW 17R -35L Keel fl 1,500' x 501
TITLE: AIRPORT IMPROVEMENT PROGRAM
12. AREAS AFFECTED BY PROJECT (cities, counties, states,
e rc. l
City of Lubbock
Lubbock County, Texas
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF
Start Date
Ending Date
a. Applicant b. Project
19 19
15, ESTIMATED FUNDING:
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372
PROCESS?
a. Federal
$5,998,361.00
a. YES THIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE
b. Applicant
S
TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR
REVIEW ON
DATE see 18e1
b. NO ❑ PROGRAM IS NOT COVERED BY E 0 12372
c. State
S
d. Local
$666,485.00
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e. Other
$
I. Program Income
$
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
Yes If "Yes" attach an explanation ® No
g. TOTAL
56,664,846.00
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE
ASSISTANCE 1S AWARDED.
a. Typed Name of Authorized Representative
b. Title
c. Telephone Number
Debra Forte'
Asst. City Manager
806)775-2015
d. Sign ur of Authonz Repr entative
e. Date Signed
r l
9-9-97
ravinim tonne Nnt sa .. Standard
Form ev.4-88)
Prescribed by OMB Circular A-102
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes ✓ No
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Yes ✓
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
Name of Governing Body
Priority Rating
Name of Agency or
Board
No (Attach Documentation)
Yes ✓ No
(Attach Comments)
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Date
Yes ✓ No
OMB NO. 80-Ro1 84
Item 5.
Is the proposed project covered by an approved Check one: State Q
comprehensive Plan? Local R Airport Layout Plan
✓ Yes No Regional ❑
Location of plan Lubbock International Airport
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Federal Population benefiting from Project
Yes ✓ No
Item 7.
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
Yes ✓ No Percent of Project
Item B.
Will the assistance requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes ✓ No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals, families, businesses, or farms? Families
Businesses
Yes ✓ No Farms
Item 14.
Is there other related Federal assistance on this See instructions for additional information to be
project previous, pending, or anticipated? provided,
Yes ✓ No
Page 2
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04-Ro209
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or
in the vicinity of the airport:
Height Hazard Zoning
2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States
Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
None
4. Land.- (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all
of which areas are identified on the aforementioned property map designated as Exhibit "A":
See Exhibit "A" on file with FAAISWDO
State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map,
FAA Form 5100-100 (4-76) Page 3a
U.S.. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interest,
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project, the following property interest in the following areas of land' on which such construction work is to be performed all
of which areas are identified on the aforementioned property map designated as Exhibit "A".
NIA
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under
the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
N/A
5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport
owned or controlled by the Sponsor except as follows:
None
"State character of property interest in each area and list and identify for each all excep tions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4-76)
Page 3b
U. S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 90-R-1084
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No ................ 20.106
2. Functional or Other Breakout ................................ NIA
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or I-1
1. Administration expense
$
S
$10,000
2- Preliminary expense
$99,331
3. Land, structures, right-of-way
4. Architectural engineering basic fees
$486,806
5. Other architectural engineering fees
$318,353
6. Project inspection fees
$188,039
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
$5,562,317
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$6,664,846
15. Estimated' Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
$6,664,846
20. Federal Share requested of Line 19
$5,998,361
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21)
$5,998,361
23. Grantee share
$666,485
24. Other shares
25. Total project (Lines 22, 23, & 24)
$
g
$6,664,846
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES THRU 7 Page 4
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB N0.80 -R01 84
FAA Form 5100-10 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 5
FAA AC 75-0232
SECTION C - EXCLUSIONS
26
Classification
Ineligible for
Participation
{11
Excluded from
Contingency Provision
(2)
a.
$
$
b.
c.
d.
e.
f.
g,
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
$666,485
d. Bonds
e. Tax Levies
f. Non -Cash
g. Other (Explain)
h. TOTAL - Grantee share
$666,485
28.
Other Shares
a. State
b. Other
c. Total Other Shares
29.
TOTAL
$666,485
SECTION E - REMARKS
PART IV PROGRAM NARRATIVE (Attach See Instructions)
FAA Form 5100-10 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 5
FAA AC 75-0232
PART V
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning,
and noise compatibility program grants 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 tens "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.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor, The terms,
conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout
the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not
to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there
shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions and assurances with
respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be
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 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 - 40U. S C. 276(x), et sea.1
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.
d. Hatch Act - 5 U.S.C. 1501, et sea.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601,
et sea 1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 4690.1
h Native Americans Grave Repatriation Act _ 25 U S C. Section 3001, et sea.
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
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-0.
o. Age Discrimination Act of 1975 - 42 U S.0 6101, et sea.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea.
r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2U.S.C. 8373.1
s. Contract Work. Hours and Safety Standards Act - 40 U.S.C. 327, et sea.
t. Copeland Antikickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et F?Q .1
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended
w Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.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.
Airport Assurances (06/02147) V- 1
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction)
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.1
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.
E. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs.1 2
M. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or
benefitting from Federal financial assistance.)
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.
2 These laws do not apply to private sponsors.
3 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 shati 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
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 application, including all
understandings and assurances contained therein, and directing and authorizing the person identified
as the official representative of the applicant to act in connection with the application and to provide
such additional information as may be required.
b Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed
project and comply with all terms, conditions, and assurances of this grant agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file this
application, including all understandings and assurances contained therein, to act in connection with
this application. and to provide such additional information as may be required.
Sponsor Fund Availability. it has sufficient funds available for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
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 wild 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 Assurances (06102197) V- 2
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without
the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any
outstanding rights or claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests
in the property shown on Exhibit A to this application or, for a noise 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 all such
obligations, the sponsor shalt insert in the contract or document transferring or disposing of the
sponsors interest, and make binding upon the transferee all of the terms, conditions, and assurances
contained in this grant agreement.
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
application) of public agencies that are authorized by the State in which the project is located to plan for the development of
the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on
property not owned by the airport and over which property another 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 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 financial assistance at the airport It will provide such reports on
pavement condition and pavement management programs as the Secretary determines may be useful.
Airport Assurances (06/02197) V- 3
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 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 1964.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their
duly authorized representatives, for the purpose of audit and examination, any books, documents,
papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in which an independent audit is made of
the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project
in connection with which the grant was given or used, it shall file a certified copy of 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 induded 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 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 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
In. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval
of any planning material developed as part of this grant does not constitute or imply any assurance or
commitment on the part of the Secretary to approve any pending or future application for a Federal
airport grant.
Airport Assurances (06102197) V-4
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 al! 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
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.
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.
Cr 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, nontenant, or subtenant of another air carrier
tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all such air carriers which make similar use of
such airport and 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 unreasonabiy 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 unjustty 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 Assurances (06102197) V- 5
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.
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 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.
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. to 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:
(i) all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made, and
(ii) ail 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.
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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 wilt 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. 11 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 pians and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval snail 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 ail costs of restoring such property (or replacement thereof) to the
level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the
airport or its facilities.
30. Civil bights. 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.
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
(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.
Airport Assurances (06102/97) V- 7
(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 CFR
Part 24.
35. 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.
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