HomeMy WebLinkAboutResolution - 071174E - Acceptance Of Grant Offer - FAA - Albuquerque Airports District Office - 07_11_1974RES GLUT I Ord
ACCEPTIAG GRAIXT OFFER
AND APPROVI3G APED ENTERING IUTO GRANT AGREENE► T
BE IT RESOLVED by the Mayor and City Council of the City of
Lubbock, Texas. (hereinafter termed "city):
SECTIO i 1. That the City, acting through its Mayor and
City Council. hereby accepts the Grant Offer as made by the
Chief, Albuquerque Airports District Office, Southwest Region,
JUL I 1974
Federal Aviation Administration, under date of ,
for the purposes there-irs set out; that said City hereby accepts
all of the t€m.s, conditions, and obligations therein and thereby
Imposed, and by acceptance of same cues ratify the Project
Application, and acknowledge such instruments as constituting a
solemn and binding agreement with the United States Government
for the purposes of obtaining Federal aid in the development of
the Lubbock Regional. Airport, and that a copy of such agreement
Is attached hereto, incorporated herein by reference. and made
part hereof as though set forth at length herein.
SECTIO`! 2. That the Mayor of the said City is hereby
authorized and directed to evidence the City's agreement by
affixing his signature to such agreement, which is hereby
executed in sextupiieate, and the City Secretary -Treasurer
-
is hereby authorized to attest said execution.
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SECTION 3. For the preservation of the public peace, health
and safety, an w.ergency is hereby declared to exist by reason
whereof this Resolution shall to in full force from and after its
passage and approval.
PASSED, APPROVED, AND ADOPTED by a majority vote of the
City Council of the said City and approved by me this 1
day of .JULY 1!7 4 .
OR
ATTEST:
7.�. CSC
Fred o. SenterJr., Gity At ney
A"W
CITY EC —
CERTIFICATE
I, the duly qualified and acting
city ,Secre sry- reasurer of the City of Lubbock, Texas, do hereby
certify that the preceding Resolution is an extract fron the minutes
of the meeting of the City Council of said City of
Lubbock, Texas, held on , 19 , and is a true
and correct copy of the original minutes of said ieeting on file and
of record insofar as said original alnutes relate to the matters set
forth in said attached extract; and I do further certify that a copy
of the Resolution appearing in said attached extract is a true and
correct copy of such Resolution adopted at said meeting and on file
and of retard in ray office.
In testimony whereof, I have scribed nrI signature for the
City of Lubbock, Texas, this day of 19�.
CITY S CRET RY:U UREA
(SEAL)
pa(;c l of 6 haves
FEDERAL AVIATION AL)"11HISTF ATIOfv
% i
r;
Part 1-f -fWer
Dater of Offer JUL 1 1974
Lubbock Regional Airport
Froject Nos-48-0138-06
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Contract No. DOT-FA75S'el-l036 (I
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TO: The City of Lubbock, Texas
(herei r . referred to as the "Sponsor',')
FROM: The United States of America (acting through the Federal Aviation Administration, liercui
referred to as the "FAA")
WHERE -AS, the Sponsor has submitted to the FAA a Project Application dated dune 4, 1974
for a grant of Federal funds for a project for develop -
Airport (herein called
the "Airport"), to-c1ther v✓ith plans and specificatio�n3 for sucai project, which Project r'�pplication;
as approved by the 14AA is hereby incorporated herein and made a part hereof; and
VVItENEAS, the .'AA has approved a project fbr developrnerat of the Airport (herein called the
"Project") consisting of the following -described airport development:
Strengthen and mark Runway 8-26, Taxiway K and N/S portion
of Taxiway J; construct and mark blast pad for Runway 26
(150' x 200'); install high intensity runway lights on
Runway 8-26; modify electrical vault; install an NDB and
VASI-4 for Runway 26; install security fencing for Runway 17R.
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�:i1 `5 T1 _c i,;ati r..,ir_; 3cribcd itZ. tine l�rota, zty Itl�i' and lllatts Mild s;aeci�xcat.c.trs incorporated in
the said Proje;: �1 �Iication;
FAA FORM Stoo-13 PG. 1 (1J-71) SUPERSLDLS FAA FORM iG32 PG. I
Val, pag
NOW Illl'Cllw.l: p}:.,:Il:.tll( t<<� 2iIltl f.)f tl1C I)url)OSO Uf C,(rrylml- oil' -!I,. ilt:#1': l?i.tili :'i1r�Vrt
WIG.1irwat".. De',C$0 MI.:ilt r C l.,i` f `);'Q,, ds amendcd (,49 T ..S..C, i 0,1 j, :i`li ;i.: t.'lrSl;;`+:it'ratSU'fl of {11}
the SpolhtioCs adoption and r;:'Jf1;:a1tiotl Of tllcrepr:;senuttiom; an J a,' Z;uFS;,CCS Cilntaiiled - 4i said
PiL? .:El: 1t., a:-_evlallk+e othis Uticr as ll retl !ej tills' 1, , ld (t)) ti-C belle fits
.
ilk a.":li.t tt:1 i i� ! Ri:li:i! Sfata:s :111d iila pLiblil: ir(:.11 [110 UC C)ll :)ll l.11l�'i;; ;;t 'ili l'rc) t`cl '`hill iflt
Opeialiikill .!Itd ll,d1ii!'Nl2_11CC Ltt the Airport :is herein pro%idcd, 'iisf_ 1'11:t)1X:,l:f`l. AVIATION At)-
11I 1.� R 1-l'10N) FOR tAND ON BEIIALi, OF T1It-' UNITED `;TPITS, 11.0",13Y OF. ERS Ai•!13
A(AZUES. to pa;, as thZ share of the allowable costs hncurrek' i:i alrulltplishirtg tlr
Project,.
75 per centuill t
This Offer is 1nade on and subject to the following terms and conditions -
I. The 11w im(lrl) ubiisation of the United States payable udder 1111's Offer shall be
3 2,839,738.
2. Tile Sponsor shall: .. :
(a) begin acconiplisliment of the Project within Sixty (GO) days ,
after a,,ceptance of this Offer or such longer time as imaly ue prescribed by the FAA,
w.itll failure to do so constituting just Cal1SC for termination of the obilptions of tide
United States hereunder by the FAA;
(b) curry -out and complete the Project without undue delay and ut accordance with the.
t S !7;
terms hereof, till. Airport and Ainmray Development- Aet c;! l .)7J, Bald Sectiu,ls-lu_.o l
115-2.6:3 'ot the Regulations of the Federal Aviation Admittistration (14 CFR 152) in
effect as of the date of acceptance of this Offer; wlhicll Regulations are llereinaftcr
referred to as Lite "Regulations";
(c) carry Out and complete .the Project in accofdance witil' the plaits and specifications
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA.
3. The ullowal,le costs of the project shall not include any, costs dofermiried by the FAA to
be ineligible for consideration as to allowability under Section .1�,-'.:li tl,) of the ltegula-
tions.
4..11ayinent of: the United States share of the a!lk) v'able project costs Mil be ;nadir pursuant '
to and irl accordance with die. provisions of Sections t52.65,-- 1552.l1 of the Regillatiul.1s.
Filial determiliadotl as to the altowability- of the casts of. tlle project wilt be made at the
thil' .ot' the filial grant Payment pursuant to Section 152.71 of' tho R `ill:itilhns. 1'ruvicIccl,
that, in the event a selpi-filhal grant payinciif is made -VWSW lit to*,SCCtiOrl .152.::1 ot' the
Re�,_ulalt.i_)l;s, filial determination as to the alluwability of tthosc costs to which such scilii-
filial 1)at'lrlent relates will be made at the time of such semi-filhal paynlellt.
AA F013M 5:;,,3�-13 Fes. (7-721' :i1r'E'rt5Ca7ES PREVIOUS EDITION
I'ctfrc _� of .6 Pages
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5. The Sponsor shall operate and maintain [lie :'Airport as ProViLlyd it) ttte Project :kp1lliCa-
tion incorporated herein and specificall}' covenants t[rtil LIIN_Ocs. in a1:C0Td,r1lrC 'Xilh its
1ss<<ranee d in Part III of said Pruject Appli�:a[iot(• that in its operatiott and [fie oper.t[ion
of all facilities thereof, neither it nor any person or organiia[ion occupying Space or facili-
ties thereon will discriminate against any person or class of persons bpi reason of ra(:C, color,
creed or national origin in the use of any of the facilities provided for the IMblic on [fie
airport. -
6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its
acceptance by the Sponsor.
E
7. This Offer shall expire and the. United States shall not be obligated to pay any part of the
costs of the Project miless this Offer leas been accepted by the Sponsor on or before
July 30, 1974 or, such subsequent date as may be prescribed in writing I
by (lie FAA. l
8. In addition the Sponsor shall:
(a). Incorporate or cause to be incorporated in each bid or proposal farm
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 F R 7804,
41 CFR Part 60-1).
(b) Comply with the provisions set forth in Appendix I, attached hereto.
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9. It is understood and agreed that the sponsor will provide for. -FAA
employees adequate parking acconuiiodations satisfactory to the Adminis-
trator 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) neces—
sary for -the maintenance and operation of the FAA facilities on the air- l
port. Such land shall be adjacent to the facilities served.
10. The sponsor will send a copy of.all invitations` for bids, advertised or
negotiated, for concessions or other businesses at the airport to the .
Office of Minority Business Enterprise (OMBE), Field Operations Division, `
Department of Commerce, Washington, D.C. 20230, or to the local affiliate
designated by the OMBE. The sponsor will disclose and make information
about the contracts, contracting procedures and requirements available
to O'ME or its designated affiliate and minority firms on the same basis
that such information is disclosed and made available to other organiza-
tions or firins. Responses by minority firms to invitations for bids
shall be treated in the same matuier as all other responses to the invi-
tatiOns for bids.
Compliance with the precc;ding pariigrlph will be dee.tled to coustitute,
compliance by the sponsor with the requirements of 49 CrR 71 Appendix
C(a) (1) (x), Regulations of the Office of ttie Secretary of Transportation.
FAA FORM 3100.13 PG. 3 (10.711 SuPER5EOG9 FAA FOVINT 1632 PG. 3 (SV7RO 5-1-11i). � PAGE 3
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Page 4 of 6 pages
11. It is further understood and agreed that FAA approval of the project
included in this Agreement is conditioned on the Sponsor's compliance
with the applicable air and water quality standards in accomplishing
project construction and in operating the airport; further, that
failure to so comply may result in suspension, cancellation, or
termination of Federal assistance under this Agreement.
}
12. Inorderto assure the efficient performance, accuracy of alignment,
and continued availability of the visual approach slope indicators
being installed under this project and in consideration of the
inclusion of such installation in this project, Sponsor covenants
and agrees that, unless otherwise approved by the Administrator, it
will operate and maintain such visual approach slope indicators in
accordance with the following:
(a) Operation
The visual approach slope indicators shall be kept continually
available for operation during all daylight hours and during
all nighttime hours when the runway lights are operating.
(b) Maintenance
Competent maintenance personnel will perform maintenance in
accordance with the standards prescribed in paragraph 10,
Federal Aviation Administration Advisory Circular, AC 150/5340-146,
Economy Approach Lighting Aids, dated June 1970. Dates of
-inspections, maintenance accomplished, and parts replaced will be
recorded in a system log book maintained separately for each
installation.
(c) mare Parts and Accessories
Sponsor will maintain a readily available supply of spare parts
and accessories adequate to assure the prompt replacement of any
parts that may become inoperative or unsatisfactory to reduce the
period of any outages to the shortest time feasible. The spare
pasts and accessories to be maintained will be in accordance with
a schedule to be mutually agreed upon by the Sponsor and the
Administrator.
(d) Notice to Airmen
In"the event of an outage or erratic performance of any component
of the visual approach slope indicators that is not immediately
corrected, the Sponsor's representative willimmediately advise
the nearest FAA Flight Service 'Station and arrange for- the
publication of an appropriate Notice to Airmen. Similar action
-rill be taken upon restoration of normal operation
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13. The Federal Government does tint now plan or conternplate the
construction of any structures .pursuant to Paragranh 11 of
Part III - Sponsor's Assurances of the Project Application
dated June 4, 1974, arid, .therefore, it is unders-tool 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 bq construed as altering or ctianginy the rights
of the Uni ted'States aiid/or obl,i gati ons of the Sponsor under
prior Grant Agreements .to furnish . rent-free . space for the
activities specified in such agreements.
14. It is understood and agreed that the Sponsor shall comply with
the revised administration requirements to Far Part 152 as set
forth in the May 31, 1974, issue of the Federal. Register, f
Volume 39, No. 106. It is further agreed that the Sponsor .
shall comply with the assurances contained in FAA Forms 5i00-100
(or 5100-101 as appropriate).
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Page Xh U1 G hakes
It )l? So l' ` a ?ce it I ,{'+. 1 it 1"1 +1 , 1f` . ' }
II S} it. 1 ,1r< t t 1 t this L t Ci uncl r�.t. t1;,itiun ...cl tt_u)ptio.) i f tht l tuttl.'t A} pllcatimi .
incorporates !lcrci't-shall be ovidt; heed by execution of till= Ins tfic "iIIollSur.:IS herenl-
atter provide t, and :said 0ITC r a i i d Acceptal)ce >h.tll comprise a GM111 ;'V21Cc'111(;Ilt.;Us provided by
the Airport arid. Airway Development Act of 1970, con3ti sting the oblir.aiions mud tit-,hts of the
United Siat�-<" ,alit the Sponsor with rCs}sect to -tlie ac:c"ollin islllucnt of the Project "and the operatii►n
and niaintellml:o of the Airi?Urt, Such Grant At,i•ceIlicltt shall bL'1:U1➢me effC lvc upon the Spunsur's
.11lci' of .this Utter alit shall remain ill, full force and'.eltect. throlighi)ll( the IiSefli# IItC UI ail.•
tacllilitj LIC%'elol)ed IiI)d r the Project bUt iIl any event not to cNcecd twenty ye:irs tlom the date
Of said acceptance. i
uI�ITEb STAI1. O ANVERICA
F1:;UERAL AVI T AD • NISTRAT1ON
i
BY•Chie, .A16uquerque .Air. its .District .Offi.c
(TITLL
l
Part 11-Acceptance
The City of Lubbock, Texas':flocs hereby r;itify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to ill the foregoing Offer and hoes hereby accept said, Offer and j
by such acceptance agrees to all of the terms and conditions thereof
Executed this............ . .....day of .. ..., .....: 19.
Ci,ty.gf; kubbpc Tex s ..
(Nance o � Sp lisor)
ley .............: . .__...........
(SEAL)
Title .Mayor. ..... ...
Attest:.....
Title:......,.... .............
CLKT11-ICATE OF SPO SO`l�t°S ATTOMEY
1, , ...... ....... .......... acting as Attorney for the Ci ty.:of..l-.14 9c,kx .Texias..
(herein referred, to as the "Sponsor') do liereby.certify;
. That I have examined the forebohig Grant Agreement and the proceedings taken by said
Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth-
orizcil dull that the e:tscutiolt thereof is in all respects title slid p per and in accord,i a with rile
laws of the State of. TlqXgs. .. . , .... and furtlic that, in my opirl' sii, said Grant ,
A(Ircenlelit constitutes a legal and binding obli€ation of the Spoliso in accordant: with the terms
tllereut.+ -
D,ited at ...... ...........this. .., clay Of ......... .......... , 19.. .
"I'itic , .. ......
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FAA FOKM 5100-1 ; PG 4110.711 SUVLii5E0ES FAA FOtIM IGJ.Z PG. - - -PAGE 41
Wage Y of 3 pages
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The Sponsor hereby agrees that it wild incorporate or cause to be incorporated
into any contract for constructiva work, o;: modificLtion thereof, as defined
in the regulations of the Secretnry of Lobar at 41 CFR Chatter 60, which is
paid for in, whole or in part with fucido obtained from the federal Goveronuerct
or borrowed on-Mie credit -of the federal Goverment purouaut Lo a grant,
contract, loan, iuL;uraace, or guarantee, or uudertakeii pursuant to any federal
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program involving such grant, contract, louts., insurance, or guarantee the .
following equal opportunity clause.
During the performance of this contracL, the contractor agrees as follows:
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(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 i
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 iticlude, but not be
limited to the following: Einployment, upgraditig, demotion, or }
transfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensaLiou; and
selection for training, includin. apprenticeahi . The contractor }
agrees to post in conspicuous places, available to employees and 1
applicants for employment, notices to be provided setting forth E
the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or.rdvertisements 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 wnich he tins a collective bargaining agreement t
j
or other contract or understanding, a notice to be provided
advising the caid labor union or workers' representatives of the
contractor's commitments under this section, and shall post copies
of the notice in conspicuousplaces available to employees and
J applicants for employment.
(4) The contractor gill 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.
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i Page 2 of 3 pages
(5) The contractor will furnish all information aatd reports
required by Exccut?.ve Oder 11246 of 24 September 1965,
and by rules, regulations, and orders of the Secretary
of L.ibor,'or, pursuant thereto, and will pertiait access to
his books, records, and .accounts by the administering
agency and the Secreta y of L2bor for purposes of itivesti
gation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the ccritractor's noncainplia:.ce with the
nondiscrimination clauueu 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
goverrunr;nt contracts or federally assisted construction
contracts in accordance with procedures authorized in
Executive Order 11.246 of 24 September 1965, cnd such other
sanctiaaas may be iinpos,!F-d and remedies invoked as provided
in Executive Order 11246 of 24 September 1965, or by rule,
reoul&tion, 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 Lulea, 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 noaaco,-npli--nce: Provided, however, that in
the event ca contractor beccines involved in, or is threatened
with., litigation with a_subcontrFactor or vendor as a result
of such direction by the administering agency, the contractor
may request the United Stute3 to enter into such litigation
to protect the interests of the United States.
The Sponsor further ng-ees that it will be bound by the above equal
opportunity clause with respect to its clan employment practices when
it participates in federally asc:_sted construction: work: Provided,
that if the Sponsor so participating is €a State or local government,
the above equal opportunity clause is not applicuble to any agency,
iu3trumentality or subdivision of ouch government which does not
participate in work on or under the contract.
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