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HomeMy WebLinkAboutResolution - 102678B - Grant Agreement - Federal Aviation Admin - Improvements To LBK International AP - 10_26_1978KJ:hw rg, RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock 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 26tbday of October 1978. ATTEST:. E e yn Gaffga, City Sec tary-Treasurer APPROVED AS TO FORM: C— JZRh �--� C. Ross , Jr. , it At orney AiA �tDEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORTS DISTRICT OFFICE �i P . 0. Box 9253 Albuquerque, New Mexico 87119 OCT 1.1. 1978 ,a 0 /At- Honorable Dirk West Mayor, City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Mayor West: Enclosed —is the original and a copy of a Grant Offer under which the agency proposes to assist in specified improvement at the Lubbock International Airport. Please execute both, have your attorney complete the certificate as shown, and return the original to us. Please note that this offer must be accepted on or before November 30, 1978. pSincely,orts Dis -ict Office Enclosure cc: Mr. Marvin, Coffee, Airport Manager (w/o. enclosure) Page I of 4 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part I -Offer Date of Offer OCT 1 1. 1978 Lubbock International Airport Project No. 6-48-4138-13 Contract No. DOT-FA79'SW-8941 TO: The City of Lubbock, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 15, 1976 , 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 PIHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Land reimbursement, parcels 1, 3,'5, 7, 14 and 15 as shown on the property map, Exhibit A (fee -simple title or other property interests satisfactory to the Administrator). all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; i FAA FORM 5100-13 PG. 1 110-711 SUPERSEDES FAA FORM 1632 PG. 1 - PAGE 1 i 3 l 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 $ 380,456. 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (90) 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 $100-13 PG. 2 47-7211 SUPERSEDES PREVIOUS EDITION PAGE 2 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 expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before November 30, 1978, or such subsequent date as may be 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 (goverrmeent 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 Indians; 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, (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 List of Violating Facilities. (b) The sponsor agrees to comply 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. (c) 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 j from the grant is under consideration to be listed on the EPA list of Violating Facilities. (d) 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. 14. The Sponsor shall: (a) 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 emended (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 3d of 4 pages 17. Any other clause herein to the contrary notwithstanding, it is specifically understood and agreed that any land interests acquired in whole or in part with Federal funds shall be used or disposed of only in accordance with Attachment N to Office of Management and Budget (CMB) Circular A-102 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. UNIT OSAEWF AMERICA FEDON ADMINISTRATION Acting �' gy Chief, ...strict; ice . , (TITLE) . Part II -Acceptance The City of Lubbock, Texas 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 terms and conditions thereof. Executed this.....o? .. ....day of .. �........................ . 19.! 9 . The, City, of Lubbock, ,Texas_ . _ ...... . (Name of Sponsor) + (SEAL) By ................. ... ... ..... . Title . Mayor .. .............. Attest:.. ....... ... .. .. . Title%. Cit;X....... ........... 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 .City. of . Lubbock,. Texas..., (herein referred to as the "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 auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of.. . . Texas ..... ........ and further that, in my opinion, said Grant Agreement constitutesa legal and binding obligation of the Sponsor in accordance with the terms thereof. ` Dated at . .......... `1r�1�T:' ` his./may of ............. ...... . , 19�. ........ .. Title ..City, Attorney... ................. FAA FOR04 5100-13 PG 4110-711 SUPERSEDES FAA FORM 1632 PG 4 PAGE 4 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 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 (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 Sponsoz 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 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 r 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 __ _____ . • -• Oi/E Ap rtva1 Fia ASS1S TAt�iCE z a Y.l1a[LLR 08 TX �c a fs:'utLJ; :-cL C"Ir/IrrLs r�rrs TX 31001134 71ON i. DATE � 7 = a"Tf 3'... .a4arA � 0 P►_l.PPUCJIilDI( APPL - r�tnoN taum- �'� i��ION m-•UUITION 'TT 19 t5 uslcr� 1s 73 09 1, L.e,. •r Un(Ji)FjCATi0X Of .trx (Opt) ;f�*��,•.•: 0 6Z,0RT OF FIIlrma ACTIOK . d_ - L tIMAL ApPWGN(T1RFJCJP1ENT S FMERAL E-UPLOYER IDElMnClno" HO. City of Lubbock 75-6000590 s � ,sr-- * s, L -, r;� uzn - Lubbock Regional Airport C- Rt. 3, Box 201 PRO.- �Q 2 101, 1 0 � ' 4. r : Lubbock ; � : Lubbock g 1. - Texas >~ IIPCieSt 79457 F d wm2 ADAP Marvin W. 'C'offee 806-762-3929) t; 2.'TTTLE AtW CESLRJPnON OF Apruc urs PRwr= ,L TYPE OF APPLICANT/RECIPIENT A:Sats /diml,��e7 See attached work description. erg s t:�at Id" J.-I �14-4 Dr . cSvr=al t'�T�e D=t-kg ruler -rsri.a tdid L S- TYPE: OF A !STANCE A -Ll-.2a G-Wd G-I cx=rssee Ca -A E•-O-'-w roar airs_ C sea rricu Sts�*faj 3d / rTA OF PROJECT IMPACT ( of -UZ , aot:tia., 21' �' TYPE OF APrWCATION BER• OF P£iLSO S A-Kaar G•ixis3aa E-�is+ HEAIEFITING Lubbock County L.•Eirc.•aI DL^-llsan-'� ra:.r �9r;as: 2c!ler II. rROFOSEO FUNDING 3L CONGRESSIONAL DISTRICTS OF. IS. TYPE OF cl•iANGE (For Its er AU) Don '�` (S�`�'}' .. Max t 10,166 784 Ao •_ ArrLJcAa i. rRaff-a -.19 19 o V. FTCLJ"AT izq, 643 .00 f-0� m . MITE .00 16. PROJEI:'T START 17. PROJECT DATE r n.catl do DURATION rsl-- 677re- IL Ur- t .00 19 ? 10 1; 18 16leasla r*+da leu-re) a QiI�R .pp ]�' ESTIIdATED DATE TO Year a.oatl< Tar 19. EXGSTINII FEDERAL IDENTIFICATION NUMBER FEDE►AL A EENCYb- i9 76 09 13 6-48-0138-08 t. Tvrtt s 11 2 6 427 .00 TA FFD£JtAL AQ£t 5' -M V.=Z;VE REQUEST (T1e..y My. Sw s. ZlP oode) I]. RFJLARMS ADDED FAA, ADO, P. O. Box 9253, Albuquerque, New Mexico 87119 UYes L7 tto 2Z a. Ta tSa &md of as L-�di a►d W10. L. K raaaind br OKt Grestar A-95 tila apoic.tka w-ma aut"InmC, µe Kl to to- JVare- R.rP.aa bits la 111a "VpZk*1.t/ap*I1aIJm are is ap,cvoriata ei.arias►*"+ &" &U raapuwea &m &=".Pd. or-w C THE trw "4 oorr-d to 4acw--%4 1.4 I.rrf ArPUCANT defy arMartud if MO `'— 1"s 1..ey of South Plains Association of Governments ❑ cDmnEs t%.a •.ak••t &" be A ollaat w1u �1' Q3 THAT a arttk tug s"-sci &e wwno.a If a.Jd- �❑ a., a�x...l. w I � TYJ',!:D A."U y[D TITLE i. t11QKATURE t. MITE i1QKW czpcnmkr. lh�4T'vr�✓ ��f% C'©/=F6� yor76 ><� /� I9 ��S Y a[xTATtYE /� / /c t7 r St A XNCY NJU.t[ ' zs. AF3'UG4 z...r ..eati for TION REMEW23) It 7dG. ORGANMATIONAL UNIT 2T. ADMIN=RATIVE OMCE 2E. fIMMAL "-.-LICATICH � rorxn F,uYlor( 3>s.. t..3aRLlt >�S. O tDCJiE71FlC�.TIR iL A CnDN TAJcrN u- i1JNDlkO 3...r ..n.a,l A&V K 3.a w+sl Aar L3 a �J u. ACTION DATE 0- 1S ETA;MNC DATE 1s • rmc,Iu I : .W (] L tSJLcrt2a Aml wcT .Da s st b K �� s o DMvruL i o) tue�a s eL z... a...ri aC.s � VATE l,o p •, tzTs�s M ENDI dG Ci.TE if VATIE t tDm m Sl. tEJtAxxs /WDFD _ X%M=r= L TOTIi ! Q Yes -DK• tt. a. Fa MAUL c>• . ec'_ss. anp a....- % r.�..I�t L�.a �.d-=r-•..a w.a as. i fTDrJtY ittJctY A-i! OfTI�JIL de..r.t. U ee--V r..rw is 4-6 ,�tr pr,.1a .r �' Pert 1r CX t � J.-+�L [X a.�� ..•.L t2.yl+.v ,.�I Ti�';� A•+�•"��wi -{1 Jt.C'TIOPi i i.a ►...a ar !ta ,'�+tt e�L LUBBOCK REGIONAL AIRPORT APPLICATION FOR FEDERAL ASSISTANCE WORK DESCRIPTION Items► 1. Overlay and mark Runway 17R/35L; adjust runway lights; overlay and mark Taxiway A; adjust taxiway lights. Item 2. Extend, mark and light Runway 17R/35L; extend, mark and light Taxiway M; relocate ILS and ALS. Item 3. Extend, mark and light Taxiway J. Item 4. Acquire fee simple title to Parcels 1, 2, 3, 4, 5, 6, 7, 14, and 15. Item S. Install emergency power for airport lighting and wind cone. .,,P0kTAT10t4 - Ft. AAL AVIATION ACMINISTRATION -. CwE t. G. krr �C•11 PART 11 PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? x Priority Rating Yes _No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Yes No (Attach Documentation) ' Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? �'�=f---s j' �4Y� cX Yes No Item 4.a�R Does this assistance request require State, local, Name of Approving Adenq� 9 Z6--�iiw'S2lie it G a 1573 regional or other planning approval. � Cote Yes No Item 5. is the proposed project covered by an approved Check one: State hg1 comprehensive plan? Local I Regional Yes No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes No Federal Population benefiting from Project Item 7. Will the ossistonce requested be on Federal land or installation? I Yes Name of Federal Installation Location of Federal Land_.. .No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? h provided. Will No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families X Businesses Yes _ No Forms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes No FAR Form 51':0.130 f6-731 SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 2 „cNT of TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB No, 04-RO202 PART II - SECTION C J 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: Acoptad sffport hsrard caning ordloaace. . 2. Defaults. —The Sponsor is not in default on any obligation to, the United States or an), agency of the United States Govern- ment relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Passible Disabilities. —There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instrumenLs affecting use of the Airport or the existence of pending litigation or other legal proceedings) which -in reasonable probability might make it impossible for the Sponsor to carry out and con►plete the Pro'ect or carry out le provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: %�aat3 • �r 4. Land. —{a) The Sponsor holds the Yellowing property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which arras are identified on the aforementioned property map desio ►atcd as Exhibit "A”: V e 0 &1rpart rropert; rap F:=%Ibit "A« dated Cc.:1b_-r reVsed 1,'uZust 31, 15760 *State rharartcr of property interest in each area and list and idenlif)- fur each all exc•eplians, encumbranres, and adverse interests of every Find and nature, including liens, easements, leases, etc. The sefwrate arras of land need only be identified here by the area numbers shou-n on the property map. FAA Form 5100-100 (4-76) Page 3a „TµENT OF, TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 01A6 NO.O PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company an such attorney or title company has determined that the Sponsor holds the above property interests, (b) The Sponsor will acquire Nvithin a reasonable time, but in any event prior to the start of any construction work the Project, the following property interest in the following areas of land* on which such construction work is to be perfo: all of which areas are identified on the aforementioned property map designated as Exhibit "A”: i.. ar. Y r (c) The Sponsoi will acquire within a reasonable time, and if feasible prior to the completion of all construction work unc' the Project, the fallowing property interest in the following areas of land' which are to be developed or used as part of or connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementionr property map designated as Exhibit "A": a s • 5. Exclusive Rights. There is no rant of an exclusive right for the conduct of any aeronautical activity at any airport oKne or controlled by the §ponsor except as follows: ti o^3 *hate chararter of property interest in each area and list and identify for each all exreptions, encunebrances, and adverse interes. of every land and nature. including liens, easements, leases, etc. The separate areas of land need only be identified here by ti area numbers Arou n on the property rnop. FAA'Form 5100-100 t4-76I Page 31 ,.,riON. FEr•—RAL AVIATION ADMINISTRATION PART Ill - BUDGET INFORMATION - CONSTRUCTION oµe No. eo-s:'vt SECTION A - GENERAL n__s�+:� llcc:etnrv� ('ntelee Ne- - - - - - - - - - - - - - '~,11:2 F2.Functional or Other Breakout ................... . SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification - Use only ror revisions Total Amount Required Latest Approved Amount Adjustment 4 or (-) 1. Administration expense S S S. 27, 0"- 2. Preliminary expense — - 3. Land strucluies, tight-ot-way 327 4. Architectural engineering basic fees 5. Other architectural engineering fees 6- Project inspection fees.• 7. Land development . �►• 8. Relocation Expenses —0�0 9. Relocation payments to Individuals and Businesses •3. 10. Demolition and removal -3- 11. Construction and project improvement 8, Cl?'-,* 9F 12. Equipment - �7- 13. Miscellaneous ��• 14. Total (Lines 1 through 13) i3, 544. Z9� 15. Estimated Income (it applicable) -t3- 16. Net Project Amount (Line 14 minus 15) lot 5d9, 293 17. Less: Ineligible Exclusions 18. Add: Contingencies . 747* 137 19. Total Project Amt. (Excluding Rehabilitation Grants) 20. Federal Share requested of Line 19 10,1E SS, 7" 21. Add Rehabilitation Grants Requested (100 Percent) 22.•'Total Federal grant requested (Lines 20 8 21) l x1f�5, 754 23. Grantee share 24. Other shares "y• 25. Total project (Lines ?Z, 23 814) - S Stle 2966 427 FAA Form 5100-IUD is 73, SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU T A... fs r —ATION- FtOEP,AL AVIATION ADMINISTRATION ONO e''O SECTION C.— EXCLUSIONS Classification 126 Ineligible for Participation i Excluded from Contingency Proviso 2 b. e. d_ e. L q. Totals S S SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S a. Securities b. Modgages c. Appropriations (By Applicant) d. Bonds 1. 12?9 I;-13 e. Tax Levies L Non Cash g. Other (Explain) h. TOTAL —Grantee share 28. Other Shares a. State I b.Other c. Total Other Shares 29. TOTAL S 1, 121 6,t J SECTION E — REMARKS PART IV PROGRAM NARRATIVE Attach — See Instructions FAA Form 5103-10 t5-73) SUPERSEDES FAA FORM 5s; 0 10 PAGES 1 TNRU 7 Page 5 FAA AC :5-0232 41, CIVIL RIGHTS (Title VI) ASSURANCES Regarding Compliance With DOT Regulations Part 21 The (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.C. 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.• u. 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 p.ossession 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 _ 1 (ASWRo--acti77) of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 9. The sponsor agrees that thr Ut;.'ted States has a right 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 prograin set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials acid Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed Page 3 of b (ASWRO--Oct/77) 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. u. 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. Where 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). i Page u of 6 (ASHRO--Oct/77) C*a►t 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 kr constructed, maintained, or otherwise r>perated 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 F' 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 (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 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. 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 bo 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-assistedprograms 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.. *Reverter clauseandrelated 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) t S�UTt! A14S ASSnC!1.T10N dF G 0 V '17 0 0,*y'.,, ::s0` 0 914 L N B BUILDING LUBBOCK, TEXAS 79401 PHONE 806 762.8721 September 26, 1973 Mr. Marvin W. Coffee -Director of Aviation Route 3 Box 201 Lubbock, Texas 79401 Dear Mr. Coffee: The South Plains Association of Governments' Board of Directors has reviewed the environmental impact on the improvements proposed at the Lubbock Regional Airport. The South Plains Association of Governments' Board of Directors concurs with the negative declaration concerning the environmental impact that the completion of the proposed project will in no way adversely affect the airport impact upon the environment beyond that now existing. Safer movement and handling of aircraft will be facilitated by construction of this project. Strengthening of the runways and taxiways will prevent failure of the pavement caused by the heavier aircraft now.in use. Thank you for the opportunity to review this application. Sincerely, Truett Mayes Regional Services Officer TM:pg Enclosure i 1 CERTIFICATION AND ASSURANCE CONCEYNING LAND ACQUISITICN AND REWCATION POLICIES UNDER THE - UNIFOM REIOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 {URARpAPA} The Cit of Lubbock, Texas (hereinafter `ram referriil to as 'Sponsor") hereby assures and certifies that it will ccnply =_ with the following when acquiring or taking possession of any interest in land included in or used for the ADAP Project covered or to be covered by the Preapplication (or Application) -for Federal Assistance to.which this certification is affixed. 1(A) Pursuant to Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 (PL 91-646); Part 25, Regulations of the Secretary of Transportation, "Relocation Assistance and Land acquisition under Federal and Federally Assisted Programs" (49 CF R Part 25, 40 Fed. Reg.41040); the Regulations: and other applicable provisions of law --the terms used in this paragraph to have the meanings -assigned to them under such Act and regulations: 1. Sponsor will provide fair and reasonable relocation pay- ments to displaced persons as required by Subparts E, F, and G of said Part 25; 2. Sponsor will provide relocation assistance programs for displaced persons offering the services described irl Subpart D of said Part 25; ' 3. Sponsor will adequately inform the public of the relocation payments and services which will be available under Subparts D, E, F, and G of said Part 25;, 4. Comparable replacement dwellings will be available, or provided if necessary, within a reasonable period of time before any person is displaced; 5.. Sponsor will fully comply with Subpart I of said Part 25; 6. Sponsor will adequately inform the public of the acquisi- tion policies, requirements, and payments which will apply to the project with respect to any acquisition of real property to which said Part 25 and this agreement apply; 7. When approval of the FAA is required before Sponsor may proceed with any phase of the Project and that phase will causes the displacement of any person Sponsor will prior to proceeding with that phase provide the FAA with written assurances satisfactory to the FAA that: Page 1 of 2 (P.S%-.-R0--Oct/77) 2 (a) Based on a current survey and analysis of available replacement housing and in consideration. of competing demands for that housing, comparable replacement dwellings will be available.within a reasonable period of time prior to displacement, equal in number to the displaced persons who require them; and (b) The•Sponsor's relocation program is realistic and is adequate to provide orderly, timely, and efficient relocation of.. displaced individuals and families to decent, safe, and sanitary hous- ing available to persons without regard to race, color, religion, or national origin with minimum hardship to those affected. (B) With respect to every person who was displaced or -from -whom real property was acquired after l January I971 and who would have been entitled to any payments or relocation assistance pursuant to the assurances ih this agreement bad this agreement been in effect at the time of such displacement or acquisition, Sponsor represents and under" takes as the case may be:- (1) that such person has received or will receive all the payments and has' timely been or will be timely afforded all the assistance and advantages that would have accrued tb him under the provisions of this paragraph had he been displaced br the real property acquired or his entitlements as such tenant accrued subsequent to the date of this agreement; and (2) that Sponsor has timely performed or will timely perform all acts that would have been or would still be required of the sponsor had the assurances of this paragraph been appli- table at the,times identified in this paragraph. (C) Until and including i July 1972, the provisions of this paragraph, other than subparagraph l(A)(4), shall be applicable only to the extent that Sponsor is able_to comply with them under applicable State law; after 1 July 1972, such provisions shall be applicable in their entirety regardless of the extent to which Sponsor is able to comply with them under applicable State law. Subparagraph I(A)(4,1 shall be.applicable to all times under this agreement. . (D) T'he`.obligation of.the United States under this agreement to share in the allowable costs incurred by Sponsor under this paragraph shall be subject to all the pertinent and applicable provisions, limi- tations, and conditions contained in the laws and regulations referred .to in this paragraph. Formal submission of the Preapplication (or Application) for _;Fe�3eral s Assiance to %nihich this is affixed shall constitute Sponsor•s.agretent to the terns hereof.