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Resolution - 387 - Grant Agreement - FAA - Various Improvements, LIA - 01/10/1980
RESOLUTION #387 - 1/10/80 TaFCOT TTTTr)M 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 Agreement between the City of Lubbock and the United States of America, acting through the Federal Aviation Administration, attached 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 10th day of January ,1980. WEST, MAYOR ATTEST: Irvelyn -Ga—ftgga, ttty S cr to -Treasurer APPROVED AS TO'CONTENT: Mary n' Coffee, Dir or of Aviation APPROVED AS TO FORM: S an M. Tom, Asst. City Attorney ,. If RESOLUTION #387 - 1/10/80 Page 1 of 4 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 1 GRANT AGM EMNT Part _ 1-Offer Date of Offer DEC 18 1979 Lubbock International Airport Project No. 6-48-0138-14 Contract No. DDT-FABOSW-8163 TO: The City of Lubbock, Twms (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 dated December 3, 1979 , for a grant of Federal funds for a project for develop- ment of the Lubbock International Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Widen entrance road; construct .service road to area south of terminal parking; construct service road from west ramp to terminal apron; construct transformer vault; reroute airport lighting circuits and install new ISO KVA engine generator and install new rotating beacon. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PG. 2 410-711 SUPERSEDES FAA FORM 1632 PG. 1 PAGE : Page 2 of 4 pages. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport,.. and Airway Development Act of 1970, as amended (49 U.S.C. 1701), 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 the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, 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, 80 percentum 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 $1,025,813. 2. The. Sponsor shall: (a) begin accomplishment of the Project within one hundred twenty (120) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as -of the 'date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final ' grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 5100-13 PG. 2 (7-72) I SUPERSEDES PREVIOUS EDITION PAGE 2 a Page 3a of 4 pages 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 ekpire 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 January 31, 1980, or such subsequent date as may prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operations of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 8. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the Airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identified by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations to bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CFR 21 Appendix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. The Sponsor agrees to effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to,participate in the performance of contracts financed in whole or in part with federal funds provided under this agreement. For the purposes of this provision, "minority business enterprise" means a business enterprise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include, but are not limited to, blacks not of Hispanic origin; persons of Hispanic origin; Asians or Pacific Islanders; American Indiana; and Alaskan natives. Sponsor further agrees to comply with such regulations as may be issued by the Federal Aviation Administration to implement Section 30 of the Act. FAA Form 5100-13 Sw SUP (12/21/76) Page 3b of 4 -pages 9. This project and all work -performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. .Accordingly, r (a) The sponsor hereby .stipulates -that any facility to " be utilized in performance under the grant or to benefit from the grant is not listed on the EPA (b) F n 'List of Violating Facilities. The sponsor agreestocomply with all the requirements' of -Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and* all regulations issued thereunder. The sponsor shall notify the FAA of the receipt of any communication from the. EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities.- The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d). 10. It is understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and in accomplishing any construction hereunder; further, that failure to so comply may result in suspension, cancellation or termination of -federal assistance under the Agreement. 11. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents constituting.a. part of this Agreement shall be deemed to mean the "Application for Federal Assistance". 12. The federal government does not now plan or contemplate*the construction of any structures pursuant to paragraph 27 of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the federal government under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior grant agreements to furnish rent-free space and/or cost-free areas for the activities specified in such agreements. FAA Form 5100=13 SW SUP (12/21/76) Page 3c of 4 pages 13. The airport development in this project will be that hereinabove set out and will be carried out as more particularly described on the property map attached and as shown in the plans and specifica- tions approved by FAA on October 31, 1979, all of which are made a part hereof and incorporated herein by reference. 14. The Sponsor shall: (e) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) and 60-1.8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 15. Assurance Number 18 of Part -V of the project application incorporated herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities. Provision (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision (B) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 16. It is understood and agreed that no part of the federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. FAA Form 5100-13 SW SUP (12/21/76) Page 4 of 4 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 herein. after provided, and said Offer . and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance, provided, however, that this time limitation shall not apply to real property acquired with federal assistance. UNITED STATES OF AMERICA IATION A INISTRATiON 0.&eR4 Chief,. 1erque,Airp, .. is .....Offic (TITLE) . Part 11 -Acceptance The Sponsor named immediately below does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the ter and conditions thereof. Executed this......,...... day of. .......... 1 146. (SEAL) ...... Gi . • _ . r(Name of Sponsor) Aitest: .. 13y t .................... Title:. City, Clerk ....................... Title Mayor ................................. . CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the -Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of this State, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Date is /O day o 19 City Attorney Title FAA Form 5100-13 (10-71) ASUIRO (Dec/78) Page -1 of 3 pages APPENDIX 1 The Sponsor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee the following equal opportunity clause. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action { to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex or national origin. Such action shall include, but not be i limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of 24 September 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Page one Page 2 of 3 pages (5) The contractor will furnish all information and reports required by Executive Order 11246 of 24 September 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to. his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investi- gation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of .the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or -federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of 24 September 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of 24 September 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section -204 -of Executive Order 11246 of 24 September 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,'that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Sponsor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. Page two t • 1 Page 3 -of 3 pages The Sponsor agrees that it will. assist and cooperate actively with . the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal.opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency with the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Sponsor further agrees that it will refrain from entering into any.. contract or contract modification, subject to Executive Order 11246 of 24 September 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to.the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant contract, loan, insurance, or guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the Sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. Page three FEDERAL ASSISTANCE 1. TYPE 4.J PP.EAPPLICATION ACTION APPLICATION JU&rati ❑ NOTIFICATION OF INTENT (Opt) ❑ REPORT OF FEDERAL ACTION 4. LEGAL APPLICANT/RECIPIENT 2. APPLI- CANT.S APPLI- CATION Leaoa Blank a. NUMBER 3. STATE LIA-80-01 APPLICA. h. DATE TION Year month day IDENT!- t9 70 11) n� FIER OMS Approval No. 29-Ra218 a. NUMBER SAI TX 90502006 e. DATE ASSIGNED rear month day 19 79 6 19 424101 . . STANDARD FORM 424 PAGE 1 (10-75) Pi werihd by GSA. Federal A+amwoment Circular 14-7 a FEDERAL EMPLOYER IDENTIFICATION NO. a. Applicant Name :City of Lubbock 75-6000590 - b. OrtanisatimUnit :Lubbock International Airport RECEIVED 19 a. str"Mo. Box : Route 3 - B.cx 389 L PRO. a. NUMBER 12 10 1•k b2J 28. FEDERAL APPLICATION B. aty -Lubbock a. county s Lubbock GRAM 6. TITLE L But$ :Texas S. ZIP Code: 79457 Fmn Fedd" ADAP Ill. Contact Parcae (Name -Catalog) telephone No.) :Marvin W". Coffee 806) 762-3929 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT 29. ADDRESS 9, TYPE OF APPLICANT/RECIPIENT Widen entrance road; construct service road to area A -State H -Community Action Agency B -Interstate south of terminal parking; construct service road E- Hither Educational Institution C-Substate }-Indian Tribe from west ramp to terminal apron; construct trans- It-other (Specify): -County CDiY"b former vault; reroute airport lighting circuits & E -tarty i -School District install new 150. KVA engine -generator and install c - District Purpose _ DistExttr aPp►.Vriats Isttcr new rotating beacon. 9. TYPE OF ASSISTANCE AMENDMEIIT A -Basic Grant D -Insurance B-Sapplemental Grant E -Other Enter ornro- Q d. DEFERRED C-1can prints latpr(a1I 10. AREA OF PROJECT IMPACT (Names of cities, Counties. 11. -ESTIMATED NUM- 12. TYPE OF APPLICATION 38. Stat", eta.) BER OF PERSONS BENEFITING A_N„r C -Revision E -Augmentation it has base or Is being made. (Name and talaphons go.) Lubbock County 214 000 II -Renewal O-Cuntinuation Er.ter appropriate raterEl 13.PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (F'or etc or its) a. FEDERAL Sp0 s. APPLICANT t1. PROJECT A -Increase Dollars F -Other (Specify): B-0acrosm Dollars °' APet.1cm •00 19 ' 19 D nerrmasa ouii� on NIA a. STATE ,00 16. PROJECT START 17. PROJECT E-Caaallation DATE Year month day 19 DURATION lfunthe Enter ap} ►o. T priate hiller(.) 0TD f. LOCAL . 00 a. OTHER ,00 18. ESTIMATED DATE TO Year month day BE SUBMITTED TO 19. EXISTING FEDERAL IDENT1FICATION NUMBER f. TOTAL S O0 FEDERAL AGENCY ► 19 79 12 03 ADAP Project #6-48-0138-14 20. FEDERAL AGENCY TO RECEIVE REQUEST (Name. City. State. ZIP Cods) 21. REMARKS ADDED FAA, P.O. Box 9253, Albu uerque, New Mexico 87119 ❑ Yea ® No 22. a. To the east of my knowledge and belief, b. If required by OMB Circular A-95 this 8polic3lton was submitted, pirsuent to in. No re- Response recd data In this preapplication/application an atons therein. to appropriate clearinghouses and all responses are attached: aooau attacked THE true and correct, the document has base APPLICANT duty authorized by the gowroing body of CERTIFIES the applicant and the appuaat will comply (1) South Plains Association of Governments ❑ THAT 10. with the attached asmances It the assist- (l) ❑ ❑ is - artce approved. t3) 0- 23. a. TYPED NAME AND TITLE L SIGNATURE a DATE SIGN! 0 CERTIFYING CEPRE- )NG REPRE Marvin W. Coffee. Year month day SENTATIVE Director of Aviation -,70. .1979 12 03 24. AGENCY NAME 424101 . . STANDARD FORM 424 PAGE 1 (10-75) Pi werihd by GSA. Federal A+amwoment Circular 14-7 25. APPLICA• Year month day TION RECEIVED 19 26. ORGANIZATIONAL UNIT F7,,BMiNISTRATIVE OFFICE 28. FEDERAL APPLICATION IDENTIFICATION 29. ADDRESS S0. FEDERAL GRANT IDENTIFICATION 31. ACTION TAKEN 32. FUNDING Year month day U. Yew month da y month19 a. AWARDED a. FEDERAL $ .00 33. ACTION DATE 19 DATET1/tG 6 13 b. REJECTED P. APPLICANT ,00 35. CONTACT FOR ADDITIONAL INFORMA- 34 Y~ onoxth day (] a. RETURNED FOR TION (Name and triephops %umber) ENDING a STATE .00 AMENDMEIIT DATE 19 d. LOCAL ,00 37. REMARKS ADDED Q d. DEFERRED a. OTHER ,00 ❑ a. WITHDRAWN L TOTAL S 00 ❑ yea, ON* 38. a. Is laking "taw action, any ammeMt received from dentin sshouses were con- Is. FEDERAL AGENCY "S OFFICIAL sidsrod. 11 agency response Is due under prwislons of Pan A. 098 Circular A-95, FEDERAL AGENCY it has base or Is being made. (Name and talaphons go.) A -9S ACTION 424101 . . STANDARD FORM 424 PAGE 1 (10-75) Pi werihd by GSA. Federal A+amwoment Circular 14-7 Item 5. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION Check one: State r] - PART OMB HO. •GRA 11 E. PROJECT APPROVAL INFORMATION SECTION A Item 1. Location of plan Lubbock, Texas Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority' Rating Yeses No Federal Population benefiting from Project 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? South Plains Association of Governments X reply attached Yes No Item 4. Does this assistance request require State, local, Name of Approving Agency - SPAG regional or other planning approval? Date June 19, 1979 X Yes. No Item 5. Is the proposed project covered by an approved Check one: State r] comprehensive plan? Local, j] X Yes Regional nn No Location of plan Lubbock, Texas Item & Will the assistance requested serve a Federal Nome 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 X 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 ossi stance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes X No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM '5100-t0 PAGES t THRU 7 Page 2 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION _ OVIB 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: adopted airport hazard zoning ordinance adopted airport toaster plan 2. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United State: 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 circum:;tanres: (including the existence of effective or proposed lease u�#• agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proeerdin,•) which'in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or Barr% 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 devrloped or used as part of or in connection with the Airport, all of which areas are identified on the aforementioned property map designated as Exhibit "A": (1) Fee simple title free and clear of any exception, encumbrance, or out- standing 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 Cid Circular A-102, to See attached Exhibit A (2) Basements to * Identify by TRACT/PARCEL/1M_, and NCHEIER as shown in Ext it "A" . If "rune", so state. NO additional reference to Exhibit "A" needed. FAA Form 5100-100 (4-76) Page 3a ASW'(Jan/79) DEPARYMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION PART 11- SECTION C (Continued) OVIS NO.04•RO209 The .Sponsor further certifies that the ahove is !awed 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 alove property interer-ts. (b) The Sponsor will acquire within a reasonahle time. but in any event prior to the start of ane construction work under the Pm'ect, the following pro rorty interest in the following areas of land (in ns n which such rotruction work is to be. performed. all of otich areas are identifir►� on the aforementioned property ural) designated as Exhihit "A": (1) Fee simple title free and clear of any exception, encumbrance, or cut - standing 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 CHB Circular A-102, to N/A (2) Easements to * (c) The Sponsor will acquire within a reaw►nahle 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 he 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": (1) Fee simple title free and clear of any exception, encumbrance, or out- standing 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 Qin Circular A-102, to (2) N/A Easements to 3. 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 identify by TRACT/PARCEVWT, and WH3M as shown in Exhibit "A'. I 'none", so state. No additional reference to Exhibit ";A" needed. FAA Form 5100-100 (4-76) Page 3b ASWRO (JarV79 ) DEPARTMENT OF T TATION - FEDERAL AVIATION ADMINISTRATI PART III — BUDGET INFORMATION — CONSTRUCTION CMD NO.:a-Ra ....,.-.i . I -W Page SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No ............. 20.102 2. Functional or Other Breakout ................... , A DA P SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amoum Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ S $ 5,694 2. Preliminary expense —0- 3.. Land*structures, right-of-way —0- 4. Architectural engineering basic fees 80,277 5. Laboratory Testing 17,000 6. Project inspection fees 44,000 7. Land development —0- 8. 'Relocation Expenses —0- 9. Relocation payments to Individuals and Businesses -0- 10. Demolition and removal —0- 11. Construction and project improvement 1, 032, 087 12. Equipment —0- 13. Miscellaneous —0— I4. Total (Lines l through 13) 1,179, 058 15. Estimated Income (if applicable) —0- 16. Net Project Amount (Line 14 minus 15) 1,179,058 17. Less: Ineligible Exclusions —0- 18. Add: Contingencies 103,208 19. Total Project Amt. (Excluding Rehabilitation Grants) 1,282,266 20. Federal Share requested of Line 19 1,025,813- ,025,81321. 21.Add Rehabilitation Grants Requested (100 Percent) _0- 22. Total Federal grant requested (Lines 20 & 21) 1,025,813 23. Grantee share 256,453 24. Other shares —0- 125. Total project (Lines 22, 23 & 24) GL• t•--- etnn .nn .-- --'-------- -- - - -- -- - -.-- __ - - - s $ f 1,282,266 ....,.-.i . I -W Page DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMS NO. SO-Ro SECTION C — EXCLUSIONS Classification 26 Ineligible fa Participation 1 Excluded from Contingency Provision b_ e- d. e. g' Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S 256,453 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Hon Cash g. Other (Explain)— Airport h. TOTAL — Grantee share 28. Other Shares a. State b. Other C. Total Other Shares 29. TOTAL Reserve. Fund SECTION E REMARKS PART IV PROGRAM NARRATIVE Attach — See Ins FAA Form 5100 -loo 46-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 i 256,453 256,453 $ 256,453 PAA AC 75-0232 Page 5 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PART V ASSURANCES The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, including Office of Management and Budget Circulars Nos. A-87, A-95, and A-102, as they relate to the application, acceptance and use of Federal funds for this federally -assisted project. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolu. tion, 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 under- standings and assurances contained therein, and directing and authorizing the person identified as the official repre- sentative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Execu- tive Order 11288, relating to the prevention, control, and abatement of water pollution. 3. It will have sufficient funds available to meet the non. Federal share of the cost for construction projects. Suffi- cient funds will be available when construction is com- pleted to assure effective operation and maintenance of the facility for the purposes constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications be- fore the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior ap- proval changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant pro- gram(s) have been met. 5. It will provide. and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work con- forms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may require. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or pre- scribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller Gen- eral through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Build- ings and Facilities Accessible to, and Usable by, the Physi- cally Handicapped," Number A117.1-1961, as modified (41 CFR 101-17.703). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced with. in a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which- ever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of -race, color, or national origin, be excluded from participa- tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 1f any real property or structure thereon is pro- vided or improved with the aid of Federal financial assis- tance extended to the Applicant, this assurance shall obli- gate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or bene- fits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the ap- pearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. 1t will comply with the requirements of Title 11 and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons dis- placed as a result of Federal and federally assisted pro- grams. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative re- quirements approved in accordance with Office of Manage. ment and Budget Circular No. A-102. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution em- ployees of State and local governments. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM $100-10 PAGES 1 THRU 7 ?age 6 DEPARTMENT OF TRANSPORTATION - FEOERAL AVIATION, ADMINISTRATION SPONSOR ASSURANCES 17. These covenants shall become effective upon acceptance by the Sponsor of an offer of Federal aid for the Project or any portion thereof, made by the FAA and shall constitute a part of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under this Project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the Project. How- ever, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights or to real property acquired with Federal assistance. Any breach of these cove- nants on the part of the Sponsor may re- sult in the suspension or termination of, or refusal to grant Federal assistance un- der FAA -administered programs, or such other action which may be necessary to en- force the rights of the United States under this agreement. 18. The Sponsor will operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes. Provided; That the Sponsor may establish such fair, equal, and not unjustly discrimina- tory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Air- eort; And Provided Further, That the Sponsor may pro- hibit 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 avia- tion needs of the public. 19. The Sponsor— a. Will not grant or permit any exclusive right for- bidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the Airport, or at any other airport now owned or controlled by it; b. Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the Administra- tor. it will not, either directly or indirectly, grant or per- mit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or con- trolled by it, to conduct any aeronautical activities, in- cluding, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting. aerial advertising and surveying, air carrier op- erations, aircraft sales and services, sale of aviation petro- leum 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. c. Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and d. Agrees that it will terminate any other exclusive sight to conduct an aeronautical activity now'existing at :such an airport before the grant of any assistance under the Airport and Airway Development Act. 20. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable FAA Form 5100-100 (4-76) ASWRO (Dec/78) OM6 NO. 04-R020i terms, and without unjust discrimination. In furtherance of the covenant (but without limiting its general applicability and effect), the Sponsor specifically covenants and agrees: a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will ,discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of any of the facilities provided for the public on the Airport. b. That in any agreement, contract, lease, or other ar- rangement under which a right or privilege at the Airport is granted, to any person, firm. or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will in- sert and enforce provisions requiring the contractor: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) to charge fair, reasonable, and not unjustly dis- criminatory prices for each unit or service; Pro- vided, That the contractor may be allowed to make reasonable and nondiscriminatory discounts, re- bates, or other similar types of price reductions to volume purchasers. c. That it will not exercise or grant any right or priv- ilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from per- forming any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. d. In the event the Sponsor itself exercises any of the rights and privileges referred to in subsection b, the serv- ices involved will be provided on the same conditions as would apply to the furnishing of such services by con- tractors or concessionaires of the Sponsor under the pro- visions of such subsection b. 21. Nothing contained herein shall be construed to pro- hibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any serv- ice of a nonaeronautical nature or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport. 22. The Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for air- port hall be con. trued Provided, rr require that the nothing hat irportained herein be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such opera- tion and maintenance; And Provided Further. That nothing herein shall be construed as requiring the mairitenance. re- pair, 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 con- trol of the Sponsor. In furtherance of this covenant the Sponsor will have in effect at all times arrangements for: a. Operating the airport's aeronautical facilities when- ever required. b. Promptly marking and lighting hazards resulting from airport condition., including temporary conditions, and c. Promptly notifying airmen of any condition affecting aeronautical use of the Airport. Page 7 DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION 23. Insofar as it is within its power and reasonable, the Sponsor will, either bythe acquisition and retention of ease. ments or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regu- lations, prevent the -construction, erection,. alteration, or growth of any structure, tree, or other object in the ap- proach areas of the runways of the Airport. which would constitute an obstruction to air navigation according to .the criteria or standards prescribed in Section 77.23, as applied to Section 77.25. Part 77 of the Federal Aviation Regula- tions. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future de- velopment of. the Airport.. in .any portion of a runway. ap- proxrh area in - which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 24. Insofar as it is within its power and reasonable, the Sponsor will. either -by the acquisition and .retention of easements or other interests in orrights for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action 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 in- cluding landing and takeoff of aircraft, 25. The Sponsor will keep up to date at all times an airport layout plan of the Airport showing (1) the 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 fa- cilities 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 FAA, which approval shall be evidenced by the signature of a duly authorized representative of the FAA on the face of the airport layout plan. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than In conformity with the airport layout plan as so approved by the FAA, if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. 26. All facilities of the Airport developed with Federal aid and all those usable for the landing and taking off of air. craft. will be available to the United States at all times, with- out charge, for use by government aircraft in common with other aircraft, except that if the use by government aircraft is substantial. a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so used, may be charged. Unless otherwise determined by the FAA, 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 FAA, . would cmduly interfere with use of the landing area 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 land- ing as a movement and each takeoff as a movement) of government aircraft is 300 br more, or the gross accumu- lative weight of government aircraft using the Airport 0M9 NO. 04-R0200 (the total movements of government aircraft multiplied by gross certified weights of such aircraft) is in excess of five million pounds. 27. Whenever so requested by the FAA, the Sponsor will furnish without cost to the Federal Government, for con. struction, operation, and maintenance of facilities for air traffic control activities, or weather reporting activities. and communication activities related to air traffic control, such areas of land or water, or estate therein, or rights in build. ings of the Sponsor as the FAA may consider necessary or desirable for construction at Federal expense of space or fa- cilities for such purposes. The,approximate amounts of areas and the nature of the property interests and/or rights so required will be set forth in the Grant Agreement relating to the Project. Such areas or any portion thereof will be made available as .provided -herein within 4 months after receipt of written request from the FAA. 28. The airport operator or owner will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the Airport as self-sustain- ing as possible under the circumstances existing at the Air- port, taking into account such factors as the volume of traffic and economy of collection. 29. The Sponsor will furnish .the FAA with such annual or special airport financial and 'operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or may be submitted in such manner as the Sponsor elects so long as the -essential data are furnished. The Airport and all airport records and docu- ments affecting the Airport, including deeds, leases, operation and use agreements, regulations, and other instruments, will be made available for inspection and audit by the Secretary and the Comptroller General of the United States, or their duly ,authorized representatives. upon reasonable request. The Sponsor will furnish to the FAA or to the General Ac- counting Office, upon request, a true copy of - any such document. 30• All project accounts and records will be kept in ac- cordance with a standard system of accounting if so pre- scribed by the Secretary. 31. If at any time it is determined by the FAA that there I& any outstanding right or claim of right in or to the Airport property, other than those set forth in Part II, paragraphs 4(a),4 (b), and '4(c),the existence of which creates an un- due risk of interference with the operation of the Airport or the performance of -the the covenants of this Part. the Sponsor wily acquire, extinguish, or modify such right or claim of right in a manner acceptable to the FAA. 32• The Sponsor will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to .perform any or all of the covenants made herein, unless by such transaction' the obligation to perform all such covenants is assumed by another public agency found by the FAA to be eligible under the Act and Regulations to assume such obligations and having the power. authority, and financial resources to carry out all such obligations. If an arrangement is made for management or 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 Act. the Regulations, and these covenants. 33• Unless the context otherwise requires, all terms used in these covenants which are defined in the Act and the Regulations shall have the meanings assigned to them therein. . FAA Form S100-100 14-7111 (ASWRO 8/76) Page a CIVIL RIGHTS (Title VI) ASSURANCES' Regarding Compliance With DOT Regulations Part 21 The City of Lubbock, Texas (hereinafter referred to as either "Sponsor" or "Airport Owner/Operator") HEREBY AGREES THAT AS A CONDITION to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.0 2000d, 42 U.S.C. 2000d-4 (hereinafter referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code.of Federal Regulations, Department of:Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation --Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") and other pertinent directives, to the end that.in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be .excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the sponsor receives Federal financial assistance from the Department of Transportation including the Federal Aviation Administration and HEREBY GIVES ASSURANCE THAT it will'promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations, a copy of which is attached. More specifically and without limiting the above general assurance, the sponsor hereby gives the following specific assurances with respect to the ADAP Project (hereinafter referred'to as "the ADAP Project") covered by the Application to which this assurance is affixed. 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by or pursuant to the Regulations. 2. That the sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with the ADAP Project and, in adapted form in all proposals for negotiated agreements: The "Airport Owner/Operator," in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regula- tions, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation Page 1 of 6 (ASWRO--Oct/77) issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity . to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the sponsor shall insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. That where the sponsor receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. That where the sponsor receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real.property, the assurance shall extend to rights to space on, over, or under such property. 6. That the sponsor shall include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases,. permits, licenses, and.similar agreements entered into by the sponsor with other parties: (1) for the subsequent transfer of real property acquired or improved under the Airport Development Aid Program of the Federal Aviation Administration, and .(b) for the construction of use of or access to space on, over, or under real property acquired, or improved under the said Airport Development Aid Program. 7. That this assurance obligates the sponsor for the period during which Federal financial assistance is_extended to the program, except where the 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.the 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. B. The sponsor shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcon- tractors, transferees, successors in interest, and other participants Page 2 of'6 (ASWRO--Oct/77) .t t of Federal financial assistance under such program will comply with all requiFemepts imposed or pursuant to the Act, the Regulations, and this assurance. 9. The sponsor ,agrees that the United States has aright to seek Judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance.' THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property., discounts, or other Federal financial assistance extended after the. date hereof to the sponsor by the Department of Transportation under the Airport Development Aid Program of the Federal Aviation Adminis- tration and is binding on it, contractors, subcontractors, transferees, Successors in interest, and other participants in the ADAP Project. Formal submission of the Application for Federal Assistance to.which this assurance is.affixed shall constitute agreement to the terms hereof. ATTACHMENT 1 to Civil Rights (Title VI) Assurances During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of.Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts Including Procurements of ials and Equipment. In all solicitations either by competitive ng or negotiation made by the contractor for work to be performed Page 3 of 6 (ASWRO--Oct/77) t under a subcontract, including procurements of materials'or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor .of the contractor's obligations under this.contract and the Regulations relative,to nondiscrimination on -the grounds of race, color, or national.origin. 4. Information and Reports. The contractor shall provide all information and reports required,by the Regulations or directives issued pursuant thereto, and shall- permit access to its books, records, accounts, other sources.of information, and its facilities as may be ,determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. inhere any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the sponsor or the Federal Aviation Administration as appropriate, and shall set forth What efforts it has made -to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nodiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal .Aviation Administration may determine to be appropriate, including, but not limited to -- a. withholding of,payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the Provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or_directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncom- pliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ATTACHMENT 2 to Civil Rights (Title VI) Assurances The following clauses shall be included in all deeds, licenses, leases, Permits, or similar instruments entered into by the "Airport Owner/ Operator" pursuant to the provisions of Assurance 6(a). Page 4 of 6 (ASWRO--Oct/77) The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in . interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and -leases add "as a covenant running with the land") thatinthe event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance With all other requirements imposed pursuant to Title. 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1.964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in -the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (licenses, lease, permit, etc.) had never been made or issued. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to re-enter said lands and.faeilities thereon, and the above described lands and facilities shall thereupon revert to and -vest in and become the absolute property of "Airport Owner/Operator" and its assigns. The following -shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by "Airport Owner/Operator" pursuant to the provisions of Assurance 6(b). The (grantee, licensee, -leasee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that (1) no person on.the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on,, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other Page 5 of 6 (ASWRO--Oct/77) requirements imposed by or pursuant to Title 49, Code of Federal Regulations,:Department-of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil •Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of "Airport Owner/Operator" and its assigns. OReverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 6 of 6 (ASWRO--Oct/77) I b . . 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VZOINItltl 7� �g Tr ad. ►� i� V �^Ja• i SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION DATED 12-03-79 FOR A GRANT OF FUNDS FOR THE DEVELOPMENT OR IMPROVEMENT OF THE Lubbock International AIRPORT • Operation of Lights Installed under Federally-asaisted Prostrsms 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 assurances 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). PRESIDENT MEDLIN CARPENTER Mayor Pro Tem City of Plainview IST VICE PRESIDENT ALAN HENRY Mayor Pro Tem City of Lubbock 2ND VICE PRESIDENT HENRY HECK County Judge Hale County 3RD VICE PRESIDENT H.L. "BILL" YOUNG County Judge Dickens County 4TH VICE PRESIDENT PAUL CARMICKLE Mayor Pro Tem City of Littlefield SECRETARY JAMES M. "JIM" LANCASTER County Commissioner Lubbock County TREASURER T.C. WILLIAMS, JR. Mayor Pro Tem City of Brownfield EX -OFFICIO MEMBER GLENN W. THOMPSON County Judge Cochran County EXECUTIVE DIRECTOR TRUETT MAYES 1709 - 26th Street Lubbock, Texas 79411 806-762-8721 GA South Plains Association of Governments June 19, 1979 Marvin W. Coffee Director of Aviation Lubbock International Airport Route 3 - P. 0. Box 389 Lubbock, Tx 79457 SUBJECT: SAI TX 90502006 - Airport Improvements Dear Mr. Coffee: On Tuesday, June 19, 1979, the South Plains Association of Governments' Board of Directors reviewed and COMMENTED FAVORABLY on the above -referenced application. This project is consistent with the regional and local plans and there are no adverse environmental problems. You are to be commended on your application endeavors and a job well-done. If we may be of further assistance, do not hesitate to contact this office. Sorely James V. Crider Community Development Planner JVC/dmc xc: Federal Aviation Administration P. 0. Box 9253 Albuquerque, N. M. 87119 An Equal Opportunity Employer Through Affirmative Action II 3 R PARCEL c .ervrt '- E � ' i... _. .t ND ro t ze> a y ENTRANCE AND SERVICE ROAD CONSTRUCTION Mum RESOLUTION #387 - 1/10/80 ' Project #6 48-0138 in - COPY '_ COl`.TRACT Y on rao t `rpoaul nts C t . for City. of- L-ubbock', Texas "UBBOCRIN-TERNATIONAL AIRPORT ENTRANCE AND SERVICE ROAD CONSTRUCTION KLSULUIIUN ttjo/ - I/IU/OU Project #6 48 N-32,14 CONTRACT COPY Contract Documents for City of Lubbock, Texas LUBBOCK INTERNATIONAL AIRPORT TRANSFORMER VAULT & BEACON CONSTRUCTION ADAP PROJECT NO. 6-48-0138-14 CONTRACT NO. 1 SEPTEMBER 1878 Prepared By PARKHILL, SMITH & COOPER, INC. PSC EngineersArchitectsPlanners - Lubbock - El Paso Midland QUINTON T. COLWELL & ASSOCIATES , INC. Consulting Engineers Lubbock, Texas