HomeMy WebLinkAboutResolution - 2915 - Grant Agreement - FAA - Airport Improvement Program, LIA - 09/22/1988HW: js
RESOLUTION
Resolution #2915
September 22, 1988
Item #15
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Grant Agree-
ment between the City of Lubbock and the Federal Aviation Administration for
an Airport Improvement Program at the Lubbock International Airport, at-
tached herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of September , 1988.
K/ • �� a100 9401`
B. C. McMINN, MAYOR
cretary
APPROVED AS TO CONTENT:
awzz't
Marvin Coffee, Difector of Aviation
APPROVED AS TO FORM:
rold Willard, Assistant'City
Attorney
Page I of 5 pages
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
US Department
°tTroortotian Part I -Offer
Fwd �iO^SEP 2 71388
Admir�istrotbn Date of Offer:
Airport= Lubbock International
Project No. 3-48-0138-08-88
Contract No. DOT-FA88SW-8576
TO: The City of Lubbock, Texas
(herein referred to as the "Sponsor") -
FROM: The United States of America (acting through the Federal Aviation Administration,
herein referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application ( also called
an Application for Federal Assistance) dated September 14, 1988 , for a grant of Federal
funds for a project for development of the Lubbock International
Airport (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, as approved by
the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called
the "Project") consisting of the following -described airport development:
Construct airfield lighting improvements; Reconstruct west cargo
apron; install distance remaining signs; Install pavement sensor
system; Rehabilitate rotating beacon; Construct by-pass taxiways on
Runway 17R/36L; Construct connector angled taxiway between Taxiway A
and Runway 17R.
all as more particularly described in the property map and plans and specifications incor-
porated in the said Application for Federal Assistance.
Whereas, this project will not be completed during fiscal year 1988, and
the total estimated cost of completion will be 4,011,185.
FAA Form 5100-37 ( 2-88) Development or Boise Program
Page 2 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions
of the Airport and Airway Improvement Act of 1982, as amended by the Airport
and Airway Safety and Capacity Expansion Act of 1987, herein called the
"Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in
consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its
acceptance of this Offer as hereinafter provided, and (b) the benefits to
accrue to the United States and the public from the accomplishment of the
Project and compliance with the assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable
costs incurred in accomplishing the Project, ninety percentum of all allowable
project costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this offer
shall be $4,011,185
2. The allowable costs of the project shall not include any costs determined
by the FAA to be ineligible for consideration as to allowability under
the Act.
3. Payment of the United States share of the allowable project costs will be
made pursuant to and in accordance with the provisions of such
regulations and procedures as the Secretary shall prescribe. Final
determination of the United States share will be based upon the final
audit of the total amount of allowable project costs and settlement will
be made for any upward or downward adjustments to the Federal share of
costs.
4. The sponsor shall carry out and complete the Project without undue delays
and in accordance with the terms hereof, and such regulations and
procedures as the Secretary shall prescribe, and agrees to comply with
the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the sponsor,
6. This offer shall expire and the United States shall not be obligated to
pay any part of the costs of the project unless this offer has been
accepted by the sponsor on or before September 30, 1988 or such
subsequent date as may be prescribed in writing by the FAA.
FAA Form 5100-37 (2/88) Development or Noise Program
Page 3 of 5 Pages
7. The sponsor shall take all steps, including litigation if necessary, to
recover Federal funds spent fraudulently, wastefully, or in violation of
Federal antitrust statutes, or misused in any other manner in any project
upon which Federal funds have been expended. For the purposes of this
grant agreement, the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to this or any
other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of
such funds. It shall return the recovered Federal share, including funds
recovered by.settlement, order or judgment, to the Secretary. It shall
furnish to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to
any settlement, litigation, negotiation, or other efforts taken to recover
such funds. All settlements or other final positions of the sponsor, in
court or otherwise, -involving the recovery of such Federal share shall be
approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property
or injury to persons which may arise from, or be -incident to, compliance
with this grant agreement. '
9. The property map referred to on Page 1 of this Grant Agreement
is the Property Map, Exhibit "A," incorporated in AIP Project No.
3-48-0138-04.
10. The Sponsor hereby covenants and agrees that it will not advertise
for bids, award any contract, or commence any of the construction to
be accomplished under this project until it has submitted final plans
and specifications and such plans and specifications have been
approved by the FAA, and it is further understood that the United
States will not make nor be obligated to make any payment for such
item of airport development under this Grant Agreement until the
Sponsor has submitted such plans and specifications and they have
been approved, as herein provided. The Sponsor further covenants and
agrees that it will submit said final plans and specifications to the
Administrator on or before 180 days from the date of this Agreement.
FAA Form 5100-37 (2-88) Development or Noise Program
Page 4 of 5 pages
11. This Offer is made on and subject to the following terms and
conditions:
Notwithstanding the provisions of Standard Condition No. 1
above, the maximum obligation of the United States payable at
this time under this Offer shall be $1,710,201 from funds
appropriated for Fiscal Year 1988 under the Airport and Airway
Safety and Capacity Expansion Act of 1987.
12. Pursuant to Section 512 of the Airport and Airway Safety and
Capacity Expansion Act of 1987, and at the Sponsor's request, the
FAA does hereby commit the United States to obligate an additional
amount to this project for payment of its share of the cost, in
accordance with the terms hereof, not to exceed the apportionment
made to the Sponsor for Fiscal Year 1989 and Fiscal Year 1990,
pursuant to Section 507(a)(1). of said Act, and subject to the
restrictions now or hereafter imposed on the FAA on use of such
apportionment by, but not limited to, Appropriation Acts now or
hereafter enacted. .The exact amount of this commitment will be
established in an amendment to this grant that will be duly
executed by the parties hereto when such computation and
obligation can be made in Fiscal Year 1989 and Fiscal Year 1990.
It is further understood by the parties hereto that this
commitment does not in itself obligate, preclude nor restrict the
FAA in the use of any funds made available for discretionary use
under Section 507 of said Act to further aid the Sponsor in
meeting the cost of this project under the terms of this agreement
and limitations of law.
Page 5 of 5 Pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project
Application incorporated herein shall be evidenced by execution of this instrument
by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise
a Grant Agreement, as provided by the Act, constituting the contractual obligations
and rights of the United States and the Sponsor with respect to the accomplishment
of the Project and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
MEW
(Title) Acting Manager, Albuquerque Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept this
Offer and by such acceptance agrees to comply with all of the terms and conditions
in this Offer and in the Project Application.
Executed this Y 9 day of,(K,�, , 19 �0
_ City of Lubbock, Texas
(Name of Sponsor)
a.
By2�57- ''
(SEAL) (Sponsor's Designated Official Representative)
itle Mayor
Attest:
Title: City Secretary
CERTIFICATE OF SPONSOR'S ATTORNEY
I. Ngrold W i ttgrd , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement
under the laws of the State of Texas Further, I have examined
the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto,
and find that the acceptance thereof by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper
and in accordance with the laws of the said State and the Act. In addition, for grants
involving projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the .Sponsor. Further, it is
my opinion that the said Grant Agreement constitutes a legal and binding obligation of
the Sponsor in accordance with the terms thereof.
Dated at .? this a9 day of 19
Signature of Sponsor's Attorney
FAA Form 5100-37 (2/88) Development or Noise Program
FEDERAL ASSISTANCE
I. TYPE
OF ❑ NOTICE OF WTENT (OPTIONAU
f1m 1, ❑ PREAPPLIrJiTM
rArar* ap-
P�7+*att] APPLICATION
2. APPLI- a NUMBER 3. STATE a. NUMBER
CANT'S Ate'
APPLI- CATION
CATION AIP 88-1 IDENTI-
IDENTI. FIER DATE
FIER b DATE Year ZEA dal NOM. To B b. ASSIGNED
A=G1988 09-14 aY sT '
LM
8/ank
OMB
Yew month day
19
4. LEGAL APPLICANT/RECIPIENT
a. cwrwr cn nicn rvn..v....v...oc... w••y
75-6000590
a. Appk AM Name City of Lubbock
6.
a. FEDERAL S
Q Organization Unit Lubbock International Airport
C. street/P.O. Box Route 3, Box 389
PRO-
AM
a. NUMBER 12 101 * I 1 10 16
CL City Lubbock e. county . Lubbock
b. APPLICANT
f. State Texas 9. ZIP Dods 79401
rFm- CFDA1
MULTIPLE ❑
Q S TIT
AIP
h. conW Person (Name Marvin W. Coffee
<
.& TelephonelVa) (806) 762-3695
C LOCAL
7. TITLE OF APPLICANT'S PROJECT (Use owtion IV of 9ft twm b provide a a xwnery rim r don of to
S. TYPE OF APPLICANT/RECIPIENT
proied(
A-er,.
`'"""" "0"'a
LUBBOCK INTERNATIONAL AIRPORT
""`'" &&
�deenre 4.rear Eemr rw..m
Construct airfield lighting, reconstruct apron pavement
ownw" k-mdwToo
yk
and construct miscellaneous taxiway improvements.
; C cbm
Ever #Awwnwe kner
a
ti See description in cost estimate summary, attached.
9. AREA OF PROJECT IMPACT (Names q%dtkx aaurtia A"IM M)
10. ESTIMATED NUMBER
11. TYPE OF ASSISTANCE
1
OF PERSONS BENEFITING
s- 0"K
Lubbock County
250,000 -
` r a=
'6�' 12. PROPOSED FUNDING 13 CONGRESSIONAL DISTRICTS OF:
14. TYPE OF
-OWWW CAPPLICATION
-�++a'
A.-Mrrr rw.rian aa^� e
a--- 0-e0"10%o n
L.rr. @tP.ry.wr
a. FEDERAL S 4 011 185.00 a. APPLICANT
Q PROJECT
17. TYPE OF CHANGE (rw 1* or 1a)
A-roew Oeirs P4@w (SPs(&*
41-4)� MIM■
onan
b. APPLICANT 44 5 , 687 .00 19
19
c. STATE .00 1S. PROJECT START Id. PROJECT
DURATION
d. LOCAL 0oDATE Yew month day
E,rw savo.
prtrtnMtWW
1989 01 01 24 AAW to
t OTHER '00 16. DATE DUE TO Year month day
f. Total i 4 .4 56,872 •00 FEDERAL AGENCY ► 1988 09 14
19. FEDERAL AGENCY TO RECEIVE REQUEST
DOT/FAA A13Q lbu uer ue New Mexico 87106IDENTIDENTIFICATIONNUMBER
20. EXISTINGGRANT
FI
a. ORGANIZATIONAL UNIT (IF APPROPRIATE)
b. ADMINISTRATIVE CONTACT IIF KNOWN)
Weston R. Hampton
c ADDRESS
21. REMARKS ADDED
2930 Yale, S.E., Room 109A
Albu uer ue New Mexico 87106
To nils best of my iuwwledge and belts, a. YES. THIS NOTICE OF INTENT/PR /APPLICATION WAS M/
THE data in to preappk abon/appocation EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
aroos Erand correct V* doctment has DATE
CERTIFIES been duy audrorimd by IM gw'wn ng
THAT body of Ole appicant and 9M WPW"
w41 ow" we nils atted+eI assuranon Q NO. PROGRAM IS NOT COVERED BY E.O. 12372 ❑
9 nils asslstsna is approved. OR PROGRAM NAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑
23. a. TYPED NAME AND TITLE
cERT►FYING Marvin W: Coffee
REPRE-
SENTATIYE I Director of Aviation
24. APPUCA- Year month day 2S. FEDERAL APPLICA
TKA
RECEIVED '19
27. ACTION TAKEN 26. FUNDING
SIGNATURE
(TION NUMBER 126. FEDERAL GR
Year month day 30• Yew month lair
STARTING
29. ACTION DATE- 19 DATE 19
31. CONTACT FOR ADDITIONAL INFORMA- 32. Yew month data
TION (Name and telephone number) ENDING .e
.00
.00 .
.00
.00
33. REMARKS ADDED
❑ Yea ❑ No
I -
NSN 7540-01-008-8162 424-103 STANDARD FORM 424 PAGE 1 (Rev. 444
PREVIOUS EDITION Preteratd by 0MB Circular A-102
is NOT USABLE
0a. AWARDED
O b. REJECTED
a. FEDERAL S
�u
O a RETURNED FOR
AMENDMENT
b. APPLICANT
O d. RETURNED FOR
G STATE
E.O. 12372 SUBMISSION
<
BY APPLICANT TO
C LOCAL
STATE
O e. DEFERRED
a. OTHER
O f. WITHDRAWN
L TOTAL i
SIGNATURE
(TION NUMBER 126. FEDERAL GR
Year month day 30• Yew month lair
STARTING
29. ACTION DATE- 19 DATE 19
31. CONTACT FOR ADDITIONAL INFORMA- 32. Yew month data
TION (Name and telephone number) ENDING .e
.00
.00 .
.00
.00
33. REMARKS ADDED
❑ Yea ❑ No
I -
NSN 7540-01-008-8162 424-103 STANDARD FORM 424 PAGE 1 (Rev. 444
PREVIOUS EDITION Preteratd by 0MB Circular A-102
is NOT USABLE
• CITY OF LUBBOCK, TEXAS
• LUBBOCK INTERNATIONAL AIRPORT
FAA GRANT APPLICATION
FOR AIRFIELD LIGHTING, MISC. TAXIWAY IMPROVEMENTS
AND APRON RECONSTRUCTION
SEPTEMBER, 1988
COST ESTIMATE SUMMARY
WORK CITY COST FAA COST
ITEM DESCRIPTION ( 10% ) ( 90% 1 TOTAL COST
la
Airfield Lighting for Taxiways M,
S and N,
and a Portion of Taxiway F
$34,866
$313,798
$348,664
lb
Airfield Lighting for Taxiways 3,
K and G,
and a Portion of Taxiway R
$25,525
$229,723
$255,248
lc
Airfield Lighting for Taxiways A,
8, C and D,
and a Portion of Taxiway F
$21,867
$196,804
$218,671
ld
Airfield Lighting for Portions of
Taxiways R
and F, and the Perimeter Taxiway Around
the Terminal Apron
$8,586
$77,275
$85,861
le
Electrical Vault Modifications
_ $5,271
$47,439
$52,710
if
Runway Distance Remaining Signs
$7,317
$65,848
$73,165
19
Runway Electrical Manholes and
Cable Replacement
$6,439
$57,953
$64,392
lh
Runway Pavement Sensor System
$9,000
$81,000 _
$90,000
li
Rotating Beacon Rehabilitation
$5,042
$45,378•
$50,420
2
Reconstruct West Cargo Apron
$190,543
$1,714,886 •
$1,905,429
3a
Connector Taxiway Between Taxiway
M and
Runway 17R
$52,099
$468,890•
$520,989
3b
Connector Taxiway Between Taxiway
M and
Runway 351.
$55,149
$496,343
$551,492
4a
Angled Connecter Taxiway Between Taxiway A
and Runway 17R
$23,983
$215,848
$239,831
T 0 T A L S . . . .
. . . . . . .
$445,687
$4,011,185
$4,456,872
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 60-0101
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 X -No
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
Yes X No
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Date
Yes X No
Item 5.
Is the proposed project covered by an approved Check one: State r
comprehensive plan? Local r
Regional r�
Yes X No Location of plan
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Yes X No Federal Population benefiting from Project
Item 7.
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
Yes ----.& ,No Percent of Project
Item 8.
Will the assistance requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes X No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals families, businesses, or forms? Families
Businesses
Yes X No Farms
Item 10.
Is there other related Federal assistance on this See instructions for additional information to be
project previous, pending, or anticipated? provided.
Yes X No
FAA Form 5100.100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES t THRU 7 Page
U.S. DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMB NO. 04•a0209
PART II - SECTION C (SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
Adopted Airport Hazard Ordinance
Adopted Airport Master Plan
2. Defaults.—The Sponsor is not in default on any obligation td the United States or any agency of the United States Govern-
ment relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedinggss)
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 interest`,
all of which areas are identified on the aforementioned property map designated as Exhibit "A":
Fee simple title free and clear of any exception, enciunbrance, or outstanding interest
• which would interfere with use of the land's surface or the airspace above it for (A)
airport or air navigation purposes, or, when no longer needed for such purposes, for
(B) any other purpose, use or disposition authorized or required by Attachment N to
OMB Circular A-102.
See Attached Exhibit A
.*State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and npture, 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 5104--100 (4-76) paoe 11
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.oa•ao2os
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 interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Pro'ect, the following property interest in the following areas of land" on which such construction work is to be performed.
all of w ich 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
S. Exclusive Rishts.—There is nogrant of an exclusive right for the conduct of am• aeronautical activity at any airport owned
or controlled by the 'ponsor 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. 1'he 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
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ALIMINISTRATION
PART III — BUDGET INFORMATION — CONSTRUCTION
SECTION A — GENERAL
1. Federal Domestic Assistance Catalog No ............. 20.106
2. Functional or Other Breakout ................ . .
SECTION B — CALCULATION OF FEDERAL GRANT
Cast Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
or H
1. Administration expense
S
S
S11,400
2. Preliminary expense
—0-
3. Land, structures, right-of-way
—0-
4. Architectural engineering basic fees
_
276,648
5. Other architectural engineering fees
89,600
S. Project inspection fees
146,000
7. Land development
—0-
8. Relocation Expenses
—0-
9. Selocation payments to Individuals anu Businesses
—0-
10. Demolition and removal
—0-
11. Construction and project improvement
3,933,224
12. Equipment
—0-
13. Miscellaneous
—0-
14. Total (Lines 1 through 13)
1456,872
15. Estimated Income (if applicable)
N/A
16. Net Project Amount (Line 14 minus 15)
4,456,872
17. Less: Ineligible Exclusions
—0-
18. lfi
19. Total Project Amt. (Excluding Rehabilitation Grants)
4,456,872
20. Federal Share requested of Line 19 90%
4,011,185
21. Add Rehabilitation Grants Requested (100 Percent)
—0-
22. Total Federal grant requested (Lines 20 & 21)
4,011,185
23. Grantee share (@ 10%)
445,687
24. Other shares
—0-
25. Total project (Lines 22, 23 & 24)
S
S
S4,456,872
FAA Form 5100.100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 PO9t
OMB NO. so.ROt�
DEPARTMENT OF TKAN3rVK I A I1VM - r�uEKAI. AV IA t rvn AUMIMIJ 1 AAI wn
SECTION C — EXCLUSIONS
Classification
26
Ineligible for
Participation
1
Excluded from
Contingency Provision
2
a,
$
S
Is.
C.
d.
0.
f.
g. Totals
S —0—
S —0—
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
S
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
445,687
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL — Grantee share
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
S 445,687
SECTION E — REMARKS
PART IV PROGRAM NARRATIVE Attach - See Instructions
FAA Form 5100.100 15-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page
PART V
ASSURANCES
(Public Agency Sponsors of Development or Noise Program Projects)
A. GENERAL.
1. These assurances shall be complied with in the performance of the following grant agreements:
Airport development and aoise program implementation grants to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting
funds under the provisions of the Airport and Airway Improvement Act of 1982 as amended by the Airport and
Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979• This
set of assurances includes only those assurances which are applicable to a sponsor who is a public agency with
control of a public -use airport.
3. Deleted.
4. Upon acceptance of the grant offer by the sponsor. these assurances are incorporated in and become part
of the grant agreement.
B. DURATION AND APPLICABILITY.
Airport Development or Noise Program Implementation Projects Undertaken by a Public Agency Sponsor. The
terms, Conditions and assurances of the grant agreement shall remain in full force and effect throughout the
useful life of the facilities developed or equipment acquired for an airport development or noise program
implementation project. or throughout the useful life of the project items installed within a facility under a
noise program implementation project. but in any event not to exceed twenty (20) years from the date of
acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration
of the assurance against exclusive rights or the terms, conditions. and assurances with respect to real property
acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in
the assurance.
C. SPONSOR CERTIFICATION. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive
orders. policies. guidelines and requirements as they relate to the application. acceptance and use of Federal
funds for this project including but not limited to the following:
Federal Legislation
a. Federal Aviation Act of 1958 - 49 V.S.C. 1301, stt seq.
b. Davis -Bacon Act - 40 U.S.C. 276(a)o at a".
c. Federal Fair Labor Standards Act of 1938 - 29 U.S.C. 201, at seg.
d. Hatch Act - 5 V.S.C. 1501, et seq.
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601,
at sel-
f. National Historic Preservation Act of 1966 - Section 106 - 16 V.S.C. 470(f).
Na
C. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469C.
h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.
I. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, at sem.
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, at $eg.
m. Architectural Barriers Act of 1968 - 42 U.S.C. 4137. at rag.
n. Airport and Airway Improvement Act of 1982. as amended -7-49 U.S.C. 2201, at @eq.
o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. T373.
p. Contract York Hours and Safety Standards Act - 40 U.S.C. 327. _t seg.
q. Copeland Antikickback Act - 18 U.S.C. 874.
r. National Environmental Polley Act of 1969 - 42 U.S.C. 4321. at sem.
s. Endangered Species Act of 1973 - 16 U.S.C. 668(a). It M.
t. Single Audit Act of 1984 31 U.S.0 7501, at seg.
u. Merchant Marine Act. 1936 - 42 U.S.C. 1241.
Executive Orders.
Executive Order 12372, Intergovernmental Review of Federal Programs,
Executive Order 11246 - Equal Employment Opportunity
Federal Regulations.
a. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.'
FAA Form 5100-100 (2-88) Development or Noise Program - Public Sponsor Page 6
b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation
Programs.
c. 49 CFR Part 25 - Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted
Programs.
d. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.
e. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole
or Part by Loans or Grants from U.S.
f. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction.
g. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance.
h. 41 CFA Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and Federally -assisted Contracting Requirements).
1. 14 CFR Part 150 - Airport Noise Compatibility Planning.
J. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions.
k. 46 CFR Part 381 - Cargo Preference - U.S. Flag Vassals.
Office of xanagement and Budget Circulars.
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-102 - Uniform Requirements for Assistance to State and.Local Governments.
c. A-128 - Audits of State and Local Governments.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
It has legal authority to apply for the grant. and to finance and carry out the proposed project; that a
resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's
governing body authorising the filing of the application, including all understandings and assurances contained
therein, and directing and authorising the person identified as the official representative of the applicant to
act in connection with the application and to provide such additional information as may be required.
3. Sponsor Fuad Availab111ty. It has sufficient funds available for that portion of the project costs which
In not to be paid by the United States. It has sufficient funds available to assure operation and maintenance
of items funded under the grant agreement which it will own or control.
4. Good Title. It holds good title, satisfactory to the Secretary, to the landing area of the airport or
site thereof. or will give assurance satisfactory to the Secretary that good title will be acquired.
For noise program implementation projects to be carried out on the property of the sponsor. it holds
good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be
expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Favors.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without
the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding
rights or claims of right of others which would interfere.with such performance by the sponsor. This shall be
done in a manner acceptable to the Secretary.
b. It will not sell. lease. encumber or otherwise transfer or dispose of any part of its title or other
interests in the property shown on Exhibit A to this application or. for a noise program implementation project,
that portion of the property upon which Federal funds have been expended. for the duration of the terms,
conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found
by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations
of the grant agreement and to have the power, authority, and financial resources to carry out all such
obligations. the sponsor shall insert in the contract or document transferring or disposing of the sponsor's
interest. and make binding upon the transferee, all of the terms, conditions, and assurances contained in this
grant agreement.
FAA Form 5100-100 (2-88) Development or Noise Program - Public Sponsor Page 7
C. For all noise program implementation projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it will enter into an
agreement with that government. Fzcept as otherwise specified by the Secretary, that agreementshall 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 program implementation project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the
local government if there is substantial noncompliance with the terms of the agreement.
d. For noise program implementation projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by the Secretary.
It will take steps to enforce this agreement against the property owner whenever there is substantial
noncompliance with the terms of the agreement.
e. Deleted.
f. If an arrangement is made for management and operation of the airport by any agency or person other
than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to
Insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement
Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure
that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. She project is reasonably consistent with plans (existing at the time of
submission of this application of public agencies that are authorized by the state in which the project is
located to plan for the development of the area surrounding the airport. For noise program implementation
projects, other than land acquisition. to be carried out on property not owned by the airport and over which
property another public agency has land use control or authority, the sponsor shall obtain from each such agency
a written declaration that such agency supports that project and the project is reasonably consistent with the
agency's plans regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or
near which the project may be located. -
B. Consultation with Users. In making a decision to undertake any airport development project under the
Airport and Airway Improvement Act of 1982, It has undertaken reasonable consultations with affected parties
using the airport at which the project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major
runway extension, it has afforded the opportunity for public hearings for the purpose of considering the
economic, social, and environmental effects of the airport or runway location and its consistency with the goals
and objectives of such planning as has been carried out by the community. It shall, when requested by the
Secretary, submit a copy of the transcript of such hearings to the Secretary.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or
runway location it will provide for the Governor of the state in which the project is located to certify in
writing to the Secretary that the project will be located, designed. constructed, and operated so as to comply
with applicable air and water quality standards. In any case where such standards have not been approved and
where applicable air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal
to certify shall be provided within sixty days after the project application has been received by the Secretary.
11. Local Approval. In projects involving the construction or extension of any runway at any general
aviation airport located astride a line separating two counties within a single state, it has received approval
for the project from the governing body of all villages incorporated under the laws of that state which are
located entirely within five miles of the nearest boundary of the airport.
12. Terminal Development Prerequisites. For projects which include terminal development at a public
airport, it has, on the date of submittal of the project grant application, all the safety equipment required
for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the •requite
equipment required by rule or regulation, and has provided for access to the passenger emplaning and deplaning
area of such airport by passengers enplaning or deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit. and Recordkeeping Rtquirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is
given or used, and the amount and nature of that portion of the cost of the project supplied by other sources,
and such other financial records pertinent to the project. The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of
1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any
of their duly authorized representatives, for the purpose of audit and examination, any books, documents;
papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the
FAA Form 5100-100 (2-88) Development or Noise Program - Public Sponsor Page 8
accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project is
connection with which the grant was given or used, it shall file a certified copy of such audit with the
Comptroller General of the United States not later than 6 months following the close of the fiscal year for
which the audit was made.
14. Minimum Vage 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. Veterans Preference. It shall include, in all contracts for work on any projects funded under the
grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor
(except in executive. administrative, and supervisory positions), preference shall be given to veterans of the
Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement
Act of 1982. However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans. specifications,
and schedules approved by the Secretary. Such plans, specifications. and schedules shall be submitted to the
Secretary prior to commencement of site preparation, construction, or other performance under this grant
agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any
modifications to the approved plans, specifications, and schedulea shall also be subject to approval by the
Secretary and incorporation into the grant agreement.
17. Construction Inapeetion and Approval. It will provide and maintain competent technical supervision at
the construction site throughout the project to assure that the work conforms with the plans, specifications,
and schedules approved by the Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the Secretary and such work shall be
in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures
shall require such coat and progress reporting by the sponsor or sponsors of such project as the Secretary shall
deem necessary.
18. Deleted.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all facilities thereon or connected
therewith. with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for
nonseronautical purposes must first be approved by the Secretary. The airport and all facilities which are
necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the
United States, shall be operated at all times in a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for
maintenance and operation. It will not cause or permit any activity or action thereon which would interfere
with its use for airport purposes.
In furtherance of this assurance, the sponsor will have in effect at all times arrangements for --
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary
conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Rothiag 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 as
act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise program implementation items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace
as is required to protect instrument and y„)sual 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 program implementation, it will not cause or permit any change in land
use. within its jurisdiction, that will reduce the compatibility. with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
FAA Form 5100-100 (2-88) Development or Noise Program - Public Sponsor Page 9
22. Economic Nondiscrimination.
a. It will make its airport available
aa,aandiclassesrport oofpaeronautical usE6ublic-use an fair and reasonable terms and
.
without unjust discrimination, to all types,
ilege at the
b. In any agreement, contract,
nract, lease, or other arrangement
rrangeconduct e t ungagenderxincany aeronauticalhih a right or vactivity for
airport is granted to any p tsponsor will insert end enforce provisions requiring the
furnishing services to the public at the airport, the apo
contractor --
(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
thereof, and
(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service.
provided, that the cntraitor may b allons wed
tome make
reasonable and nondiscriminatory discounts, rebates. or
other similar types
o
c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same
or similar uses of such airport and utilizing the same or similar facilities.
d. ch air carrir using such
shall
the
to service
elf or to us
operator
thatEis authorizedeor permitted byrthe tairport htoeserve rany tair carrier atesuch airports any fixed -based
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air
and
antially
ccarrier onditionanerateah,all feese rentala.subject tanduch other chargeairnrith�espectutotfacilitiesodirectly ndrable esubstantiallys.
o ll such
suchtairportranddwhichiutilizepsimilar facilities, subjectttoareaaonablerclasaifications such aacarriers-which make mtenantseorf
a P
shall nota and signatory carriers and nonany airportyprovidedsan Classification oratus an tenant or a substantially
shall not be unreasonably withheld by any
similar to those already imposed on air carriers in such classifications or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm. or
corporation operating aircraft on the airport from performing any services on its own aircraft with its own
employees (including, but not limited to maintenance. repair, and fueling) that it may choose to perform.
g, In the event the sponsor itself exercises any of the rights and privileges referred to in this
suchrservicesebsrvices ye
contractors lordconcessionaires will be eof thed on hsponsore same cunderitheseaprovisionawould ly to the furnishing of
h. The sponsor may establish such fair, equal. and not unjustly discriminatory conditions to be met by
all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type. kind, or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs
o: the public.
arsons
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any p
providing,ofrsintendinatto provide,
aeronaitics fixed -based operaI services to the torlshall Fnot or pbepconstruedses of has anrexclusive
he
providing burdensome, or impractical for more
right it Doth of the following apply: (1) It would be unreasonably costly,
and (2) If allowing m
,.than one fixed -based operator to provide such services, xisting 6ore than one fizagreementoperator between
to provide such services would require the reduction of space leased pursuant to an e
such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm or
corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to
conduct any aeronautical activities, including. but not limited to charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, conair carrier
operations, aircraft ;ales and services. sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft. sale caircraft porta. and
ration of aircr
any other activities which because of their direct relationship to the opeaft can be regarded as
an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of
1982.
2q, Fee and Rental Structure. It will Is which the a fee nirporttal uaerareconsistent
niAssurances 22
whichwillmaketheairportas
and 239 for the facilities and services being p
self-sustaining as possible under the circumstances existing at that particular airport, taking into account
such factors as the volume of traffic and economy of collection.
No part of ch a gr atheiaemadelundereof an the Airportoand
development, airport planning, r noise compatibility project
Airway Improvement Act of 1982. the Federal Airport Act or nt
the Airport and Airway Development Act of 1970 shall
o
be included in the rate base in establishing fees. rates, and charges for users of that airport.
Page 10
FAA Form 5100-100 (2-88) Development or Noise Program - Public Sponsor
25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the
airport anU 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 directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided,
'however, that if covenants or assurances in debt obligations issued before September 3. 1982 by the owner or
operator of the airport, or provisions enacted before September 3. 1982 in governing statutes controlling the
owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities. then this limitation on the use of all revenues generated by the
airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
26. Reports and Inspections. It will submit to the Secretary such annual or special financial and
operations reports as the Secretary may reasonably request. For airport development projects, it will also make
the airport and all airport records and documents affecting the airport, including deeds. leases, operation and
use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request. For noise program implementation projects, it will also make records and
documents relating to the project and continued compliance with the terms. conditions, and assurances of the
grant agreement including deeds, leases, agreements, regulations, and other instruments. available for
inspection by any duly authorized agent of the Secretary upon reasonable request.
27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with
Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for
use by Government aircraft in common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft
will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the
Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that --
a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of government aircraft is 300
or more, or the groes accumulative weight of government aircraft using the airport (the total movements of
government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities, or weather -reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings
of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at
Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made
available as provided herein within four months after receipt of a written request from the Secretary.
29. 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 plan and each amendment, revision, or modification thereof, shall be subject to the approval
of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or
alterations in the airport or in any of its facilities which are not in conformity with the airport layout plan
as approved by the Secretary and which might, in the opinion of the Secretary. adversely affect the safety,
utility, or efficiency of the airport.
b. If a change or alteration in the airport or its facilities is made which the Secretary determines
adversely affects the safety, utility. or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the
owner or operator will, if requested by the Secretary (1) eliminate such adverse effect in a manner approved by
the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable
to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety,
utility, efficiency, and cost of operation existing before the unapproved change in the airport or its
facilities.
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. Thin assurance obligates the sponsor
for the period during which Federal financial assistance is extended to t'he program, except where Federal
financial assistance is to provide, or is in the form of personal property or real property or interest therein
FAA Form 5100-100 (2-88) Development or Noise Program - Public Sponsor Page 11
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 grant before, on, after December 30, 1987 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. For land purchased for airport purposes (other than noise compatibility) under grant before, on, or
after December 30, 1987, it will, when the land is no longer needed for airport purposes, dispose of such land
at fair market value. 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 be paid to the Secretary for deposit in the Trust
Fund.
c. Disposition of such land under a. and b. above will be subject to the retention or reservation on
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 the operation of the airport. .
32. Engineering and Design Services. It will award each contract, or subcontract for program management,
construction management, planning Studies, feasibility studies, architectural services, preliminary engineering,
design. engineering, surveying, mapping, or related services with respect to the project in the same manner as a
contract for architectural and engineering services is negotiated under Title IR 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 below, and in accordance with applicable state policies, standards, and specifications approved by the
Secretary.
Number Subject
70/7460-1
Obstruction Marking and Lighting
150/5100-14
Architectural, Engineering and Planning Consultant Services for Airport Grant
Projects
150/5200-31
Airport Winter Safety and Operations
150/5210-5
Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7
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
150/5220-4
Water Supply Systema for Aircraft Fire and Rescue Protection
150/5220-10
Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks
150/5220-11
Airport Snowblower Specification Guide
150/5220-12
Airport Snoveweeper Specification Guide
150/5220-13
Runway Surface Condition Sensor --Specification Guide
150/5220-14
Airport Fire and Rescue Vehicle Specification Guide
150/5220-15
Buildings For Storage and Maintenance of Airport Snow Removal and Ice Control
Equipment: A Guide
150/5220-16
Automated Weather Observing Systems (AWOS) for Non -Federal Applications
150/5300-4
Utility Airports --Air Access to National Transportation
150/5300-12
Airport Design Standards --Transport Airports
150/5320-5
Airport Drainage
150/5320-6
150/5320-12
Airport Pavement Design and Evaluation
Methods for the Design, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-14
Airport Landecaping for Noise Control Purposes
150/5325-4
Runway Length Requirements for Airport Design
150/5340-1
150/5340-4
Marking of Paved Areas on Airports .
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5
Segmented Circle Airport Marker System
150/5340-14
Economy Approach Lighting Aids
150/5340-17
Standby Power for Non -FAA Airport Lighting Systems
FAA Form 5100-100 (2-88) Development or Noise Program - Public Sponsor Page 12
Humber Subject
150/5340-18
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting Systems
150/5340-21
Airport Miscellaneous Lighting Visual Aida
150/5340-23
Supplemental Wind Cones
150/5340-24
Runway and Taxiway Edge Lighting System
150/5340-27
Air -to -Ground Radio Control of Airport Lighting Systema
150/5345-3
Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5
Circuit Selector Switch
150/5345-7
Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10
Specification for Constant Current Regulators and Regulator Monitors
150/5345-12
Specification for Airport and Heliport Beacon
150/5345-13
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26
Specification for L-823 Plug and Receptacle, Cable Connectors
150/5345-27
Specification for Wind Cone Assemblies
150/5345-28
Precision Approach Path Indicator (PAPS) Systems
150/5345-39
FAA Specification L-853, Runway and Taxiway Centerline Retroflective Markers
150/5345-42
FAA Specification L-857, Airport Light Bases, Transformer Houses, and Junction Boxes
150/5345-43
Specification for Obstruction Lighting Equipment
150/5345-44
Specification for Taxiway and Runway Signs
150/5345-45
Lightweight Approach Light Structure
150/5345-46
Specification for Runway and Taxiway Light Fixtures
150/5345-47
Isolation Transformers for Airport Lighting Systems
150/5345-49
Specification L-854. Radio Control Equipment
150/5345-50
Specification for Portable Runway Lights
150/5345-51
Specification for Discharge -Type Flasher Equipment
150/5370-6
Construction Progress and Inspection Report--Federal-Aid Airport Program
150/5370-10
Standards for Specifying Construction of Airports
150/5370-11
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5390-1
Heliport Design Guide
FAA Form 5100-100 (2-88) Development or Noise Program - Public Sponsor Page 13
SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION DATED
FOR A GRANT OF FUNDS FOR THE DEVELOPMENT OR IMPROVEMENT OF THE
Lubbock International AIRPORT
Operation of Lights Installed Under Federally Assisted Programs
of the FAA. In order to furnish the assurances required by Part 152
of the Federal Aviation Regulations as amended, the City of Lubbock,
Texas (hereinafter called the "Sponsor")
hereby covenants and agrees with the United States (hereinafter called
the "Government") as follows:
The Sponsor in the operation and use of the Lubbock International
Airport, acknowledges its awareness of the cost
of operating and maintaining airport lighting and agrees to operate
the airport lighting installed (or to be installed under this project)
throughout each night of the year.
Noncompliance with the above assurance shall constitute a
material breach, and in the event of such noncompliance the Government
may take appropriate action to enforce compliance, may terminate the
Grant Agreement to which this covenant relates, or seek judicial
enforcement.
City of Lubbock, Texas
(Name of Sponsor)
2— — By
(Date)
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