HomeMy WebLinkAboutResolution - 1456 - Grant Agreement - FAA - Terminal Ramp Expansion, LIA - 08_25_1983RESOLUTION 1456 8/25/83
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RESOLUTION
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LUBBOCK,
TEXAS TO EXECUTE A GRANT AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK AND
THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION.
WHEREAS, the United States of America Federal Aviation administration,
hereinafter referred to as "FAA," has approved Project No. 3-48-0138-02 for
development of the Lubbock International Airport consisting of Terminal
Ramp expansion, the installation of taxiway guidance signs and re -marking
of hold lines; and
WHEREAS, the FAA, for and on behalf of the United States of America,
has offered and agreed to pay ninety percent (90%) of the allowable costs
incurred in accomplishing said Project No. 3-48-0138-02; and
WHEREAS, the City Council of the City of Lubbock, Texas, finds that
the citizens of Lubbock will benefit from the acceptance of said offer and
the accomplishment of said Project; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT a Grant Agreement by and between the City of Lubbock, Texas, and
the FAA providing for the payment by the FAA of ninety percent (90%) of
allowable costs incurred in accomplishing Project No. 3-48-0138-02, up to a
maximum of $1,218,581.00, and ratifying and adopting all statements,
representations, warranties, covenants and agreements contained in the
Project Approval Application dated August 17, 1983, which Grant Agreement
attached herewith, shall be spread upon the minutes of this 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; and which Project
Approval Application, attached herewith, shall be filed in the office of
the City Secretary of the City of Lubbock and as so filed shall constitute
and be an official record of the City of Lubbock, Texas.
Passed by the City Council this 25th
day of August , 1983.
ALX 9HNRY.,MA-YOR
ATTEST:
elyn -Ga ga, City 3e6r
ry-Treasurer
APPROVED AS TO CONTENT:
1; Qt t,ui-
&M v- 0� -
Marvin Coffee irector of Aviation
APPROVED AS TO FORM:
9" -, �, -M - � �- -
n M. Sherwin, Assistant City Attorney
N
P C PARKHILL, SmiTH & COOPER, INC.
SENGINEERS . ARCHITECTS . PLANNERS
LUBBOCK ELPASO
August 15, 1983
Mr. Marvin W. Coffee
Director of Aviation
Lubbock International Airport
Route 3, Box 389
Lubbock, Texas 79401
Re: Lubbock International Airport
Terminal Apron Expansion
AIP Project No. 3-48-0138-01 & 02
ADAP Project No. 6-48-0138-16
Dear Mr. Coffee:
8n August 10, 1983, bids for construction of the referenced project were
received and opened. Eleven (11) bids were received. A copy of the Bid
Tabulation Summary is attached hereto. Copies of the detailed tabulation
of bids are being sent separately to you. Each of these tabulations
includes the Engineer's estimate. Proposal A is for the portion of work in
which FAA participates. Proposal B is for the portion of work in which FAA
does not particpate.
The low bidder on the project is Marecon, Inc., of Houston, Texas. Their
bid for Proposal A is $2,353,385.80 and for Proposal B is $12,830.00, for a
total bid of $2,366,215.80.
We have reviewed the information submitted with the Proposal from Marecon,
' Inc., including bid bond, financial statement, and experience record.. We
have also talked on the telephone with Mr. Lonnie Burrows of Marecon, Inc.
Marecon, Inc. is a wholly owned subsidiary of Spaw-Glass, Inc. and
Subsidiaries, of Houston, Texas. Marecon, Inc. was formed approximately
two years ago by the parent company for paving and other heavy type
construction work. They have constructed some paving projects both asphalt
and concrete. As Marecon, Inc. they have not constructed airport type
paving. Reportedly, their personnel have been involved with this type
construction.
We have not worked with Marecon, Inc. and do not have any first hand in-
formation available to us relating to their construction capabilities.
Based upon the low bid received, we recommend the contract for the
referenced project be awarded to Marecon, Inc.
4010 AVENUE R • LUBBOCK. TEXAS 29412 • PHONE 606-247.0161
ATCHESON, CARTWRIGHT & ASSOCIATES . MEMBERS A.I.A. . AFFILIATES
Mr. Marvin W. Coffee
Page 2
August 105, 1983
Estimated costs for the project are listed below based upon the prices of
the low bidder.
FAA
FAA
ELIGIBLE
NON -ELIGIBLE
Proposal A
Proposal
B
TOTAL
Construction Costs
$
2,353,386
$
12,830
$
2,366,216
Construction Contingencies
235,339
1,283
236,622
Total Estimated Const. Costs
$
2,588,725
$
14,113
$
2,602,838
Engineering Basic Costs
193,648
1,056
194,704
Testing Laboratory & Surveying
60,000
500
60,500
Resident Representatives
72,000
400
72,400
Additional Services
30,000
200
30,200
Administration
4,000
100
4,100
TOTAL ESTIMATED COSTS
$
2,948,373
$
16,369
$
2,964,.742
City Costs
$
294,837
$
16,369
$
311,206
FAA Costs (90% of Eligible)
$
2,653,536
-
$
2,653,536
Presently there are two FAA grants and one allocation for the project.
These are as follows:
Grants:
ADAP Project No. 6-48i0138-16 $ 953,146
AIP Project No. 3-48-0138-01 835,96-
Total Grants $1,789,69-k /oS
Allocation:
AIP Project No. 3-48-0138-02 1,218,581
Total Grants 6 Allocation $3,007,4,-L3- (o ?,6
L
Mr. Marvin W. Coffee
Page 3
August 15, 1983
The —02 grant will probably be written in the amount of $864,/ to bring
the total FAA funding to the amount of $2,653,536 for this project.
Sincerely,
PARKHILL, SMITH & COOPER, INC.
By
*17'B—.E. Wauer, 15.E.
BEW/dj
Enclosure
mc: Bill Howard
BID TABULATION SUMMARY
LUBBOCK INTERNATIONAL AIRPORT
CITY OF LUBBOCK, TEXAS
TERMINAL -APRON. EXPANSION
AIP PROJECT NO. 3-48-0138-01'&.02
ADAP PROJECT NO. 6-48-0138-16
BID DATE: 2:00 P.M., AUGUST 10, 1983
CONTRACTOR
PROPOSAL A
PROPOSAL B
TOTAL BID
Marecon, Inc.
P.O. Box 771029
$2,353,385.80
$ 12,830.00
$2,366,215.80
Houston Texas 77215
Eisenhour Const. Co., Inc.
P.O. Box 440135
$2,389,730.82
$ 18,789.00
$2,408,519.82
Aurora Colorado 80044
Texas Bitulithic Company
P.O. Box 10365
$2,529,393.25
$ 22,588.00
$2,551,981.25
Dallas Texas 75207
DePauw Construction
P.O. Box 3039
$2,741,394.39
$ 15,904.40
$2,757,298.79
Amarillo Texas 79106
E.E. Anderson & Co.
P.O. Box 3263
$2,739,082.00
$ 17,494.84
$2,756,576.84
Odessa Texas 79760
H.B. Zachry Company
P.O. Box 21130
$2,846,805.00
$ 25,300.00
$2,872,105.00
San Antonio Texas 78285
Gilvin-Terrill
Box 9027
$2,800,545.40
$ -26,982.00
$2,827,527.40
Amarillo Texas 79105
Silverton Const., Inc.
P.O. Box 12629
$2,933,813.59
$ 17,494.84
$2,951,308.43
E1 Paso Texas 79912
J.D. Abrams, Inc.
P.O. Box 10699
$2,946,805.90
$ 24,935.00
$2,971,740.90
El Paso Texas 79997
Borsberry Const. Co., Inc.
P.O. Box 4257
$3,235,824.70
$ 19,291.50
$3,255,116.20
El Paso Texas 79904
KNC, Inc.
P.O. Box 14627
$3,254,177.25
$ 29,808.00
$3,283,979.25
Albu eur ue AIM 87191-0627
Engineer's Estimate
$3,109,314.00
20,250.00
$3,129,564.00
MEMO 8-15-83
To: Jim Bertram, Asst. City Manager for Development Services
From: Marvin Coffee, Director of Aviation
Subject: Request for Council Action - Office Lease Space at the
Airport for the Hertz Corporation
The Hertz Corporation leases 578 square feet of space in the terminal
building for an office. This space is located on the upper level and
is a separate lease from their other rent a car facilities.
This lease is for a one year term commencing June 1, 1983, expiring
May 31, 1984. This is a short term lease in order to be flexible
pending the results and recommendations of a study on lease policies,
rates, and charges, and the fact that this area will be part of an
area which will be incorporated with terminal expansion. Hertz legal
delayed this because of various concerns they had with this lease.
The Airport Board has reviewed this and recommends this to City
Council.
Action Requested:
City Council consider authorizing the Mayor to execute' an office lease
contract with the Hertz Corporation.
MEMO 8-IS-83
To: Jim Bertram, Asst. City Manager for Development Services
From: Marvin Coffee, Director of Aviation
Subject: Request for Council Action - Consider Award of Bids on
Airport Expansion
The City received bids for Airport Apron Expansion on August 10,
1983. There were eleven bidders for this work. The low bid of
$2,366,215.80 was submitted by Marecon, Inc., of Houston, Texas.
Attached is a summary of bids and a letter from Parkhill, Smith
& Cooper, Inc., reference to the bids. This low bid was
$763,348.20 below the engineers estimate.
A review of the bid submitted by Marecon, Inc., has been reviewed
and everything seems to be in order. An investigation of their
financial statement and banking firm revealed adequate financing
and manner of doing business.
The Airport Board reviewed this at a special meeting held Monday,
August 15, 1983 and recommends this low bid to City Council.
Action Requested:
A. City'Council consider award of this bid to Marecon, Inc.,
subject to receipt of an FAA Grant and authorize the Mayor
to enter in a construction contract.
B. Also authorize the Mayor to execute on behalf of the City, a
Grant agreement with the FAA providing for the federal funding.
r
U.S. Department
of Transportation
Federal Aviation
Administration
18 AUG 1983
The Honorable Alan Henry
Mayor, City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79457
Dear Mayor Henry:
AIRPORTS DISTRICT OFFICE
2930 Yale, BE., Room 109A
Albuquerque, AM 87106
Z2AUG 191983
CITY SECRETARY
Enclosed are the original and a copy of a Grant Offer under which
the Federal Aviation Administration proposes to assist in specified
improvement at your airport. Please execute both, have your attorney
complete the certificate as shown, and return the original to us.
Please note that this Grant Offer must be accepted on or before
August 31, 1983.
Sincerely,
f
BILL J. HOW D
Manager, Airports District Of e
Enclosure
... .
P.=wltoo�A-
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
Part 1-Offer
Date of Offer:
Airport
Project No.
Page 1 of 4 pages
1sAUG W3
Lubbock International Airport
3-48-0138-02
Contract No. DOT-FA83SW-8966
TO: The City of Lubbock, Texas
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration,
herein referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called
an Application for Federal Assistance) dated August 179 1983 , for a grant of Federal
funds for a project for development of the Lubbock International Airport
Airport (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, as approved by
the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called
the "Project") consisting of the following -described airport development:
Complete: Terminal ramp expansion (approximately 42,447 S.Y.).
Install taxiway guidance signs and re -mark hold lines.
all as more particularly described in the property map and plans and specifications incor-
porated in the said. Application for Federal Assistance.
FAA FORM 5100-37 (11-82) Development
Page 2 of 4 Pages
NOW THEREFORE, pursuant to.and for the, purpose of carrying.out the provisions
of the Airport and 'Airway improvement ,Act of.1982, herein called the "Act,"
and in consideratioq• of ra) the Sponsor-` s adoption and' ratificatign of .the
representations and assurances contained in said Project Application and its
acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue
to the United States and the public from the accomplishment of the Project and
compliance with the assurances and conditions as herein provided,.THE FEDERAL
AVIATION ADMINISTRATION, FOR AND ON'BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay, as the United States share of the allowable costs incurred
in accomplishing the Project,
90.percentum.
This Offer is.made on and subject to the following terms and conditions:.
Standard Conditions
1. The maximum obligation of the United States payable under this offer
shall be $ 1,218,581 which is comprised of:
$ 1,218,581 for development other than land
$ for land acquisition
2. The allowable costs of the project shall not include any costs determined'
by the FAA to be ineligible for consideration as to allowability under the
Act.
3. Payment of the United States share of the allowable project costs will be
made pursuant to and in accordance with the provisions of such regulatiqns
and procedures as the Secretary shall prescribe. Final determination.of
the United States share will be based upon the final audit of the total
amount,of allowable project costs and settlement will be made for any
upward or.downward adjustments to the Federal share.of costs.
4 The sponsor.."thall comply with the Airport and Airway Improvement Act" of,
1982 and shall carry out and complete the Project without_undue delays and
in accordance with the terms hereof, and ouch regulations and.procedures
as the Secretary shall..prescribe and agrees to fully.comply with the Part
V Assurances of the Application for Federal Assistance which is attached
to and becomes a part of this offer.
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 August 31, 19839 -
or such subsequent date as may be prescribed in writing by the FAA.
7. The.property map referred`to on Page 1 of this Grant Agreement is the
Property Asap, Exhibit A . dated February 1981 andattached. hereto.
FAA Form 5100-37 (11-82) Development
Page 3 of 4 Pages
pecial Conditions
8. The plans and specifications referred to on Page 1 of this Grant
Agreement are the plans 'and -specifications approved to the FAA.
on June 13, 1983
The following special assurance is added to Part V Assurances attached to
this Offer:
31. The Federal Government does not plan or contemplate the construction
of any structures pursuant to paragraph 15 of Part V, Assurances,
of the application dated August 17, 1983 , and therefore, it
is understood and agreed that the sponsor is under no obligation to
furnish any new areas or new rights without cost to the Federal
Government under this Grant Agreement. However, it is agreed and
understood that the rights of the United States to cost free areas
obtained under unexpired Grant Agreements with the sponsor are
extended for twenty years from the date of - this Grant Agreement.
Fur�hermore, the responsibility for paying the cost of relocating
any facilities located in such cost free,areas shall be made in
accordance with Advisory Circular 150/5300-1B, "FAA Policy On
Facility Relocations Occasioned by Airport Improvements or Changes."
i
FAA Form 5100-37 (11-82) Development
M
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 hereinafter provided, and said Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Airport and
Airway 'Improvement Act of 1982, constituting the obligations and rights of the
United States and the.Sponsor with respect to the accomplishment of the Project
and compliance With the assurances and conditions as provided'herein. Such
Grant Agreement 'hall become effective upon the Sponsors acceptance of this
Offer.
UNITED STATES OF AMER A
FEDEBATA IA I AD ISTRATIO
(Title) Manager, A uquerque rpor District Offic
Part II - Acceptance.
The Sponsor does hereby ratify and adopt all statements, representations.
Warranties, covenants, and agreement' 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 eenditinns thereof
Executed this
day of
City of Lubbock, Texas.
....................... .........
f Spons
Byte .. .. goose •sego..
(SEAL) Mayor
Attest: .. . .... .. .. .
City Clerk i
Title: ...........................
CERTIFICATE OF SPONSOR'S ATTORNEY
acting as Attorney for the Sponsor do hereby certify:
That I have.examined the foregoing -Grant Agreement and the proceedings
takerr 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 the State
of Texas and the Act and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof..
Dated at this of . 9.
A
TitleN�'60City Attorney..........
FAA Form 5100-37 (11-821 Development
OMB Approval Na. 29-•RJ21a
FEDERAL. ASSISTANCE
L APPLI'
CANTS
a. NUMBER
LIA 1980-02
L srATE
APPLICA-
•- RU11EE8
APPLM
GTION
TION
IDENTI'
n m
L. DATE raw mawtA fay
AMIGNEO 19
J. TYPE 0 PREAPP=TMN
OF
ACTION APPLII�tT1ON
E. DATE u tar
19 .sr oew17
(Jtsrb sa. UOI1F1CATWN OF ItffW (Opl.)
roiriasa 0 REPORT OF fEAm =N I
Lase
imaeh
4. LEGAL APPL1CANTAMP1ENT
L FEDERAL EMPLOYER IDENTIFICATION NO,
a. APPIkW, RUN , City of Lubbock
75-6000590
L. arpaballa WA I Lubbock International Airport
s. SbutIPA en . , Route 3, Bog 389
d. CV , Lubbock a• cow t Lubbock
PaO•
GRAM
a. WMEA 12101• J1(016
L T=
t. now , Texas . nF cww 79401
L. Gmftd Pam Wiaw Marvin W. Coffee
dater
cat )
AIP
�a
I &WAeae Na.)
7. TITLE AND DESCRIPTION OF APPLICAMrs PROJECT
L TYPE OF APPLICANT/RECIPIENT
Complete: Terminal ramp expansion
(Approx. 42,447 S.Y.)
A -Stair Mdaremual Acdw AQnmq
e-aaarsi,ta �,a '„CLU,NAi lmnbM=
G-tub"s Tribe
Dlta+a (dvatty)t
CI-Coueb
Install taxiway guidance signs and remark HOLD
lines.
FStemt DI,trlet
D a1 rarpena Later avvreriata letter
L TYPE OF ASSISTANCE
A-Buia amat a-tAarao.
d•fap IMMUl anal 11-019ar iater� ayp�ro. AM
bdaa Priatir iretarto)
AS
10. AREA OF PROJECT IMPACT (IPaaw d e tie. aoawtU4
84:sr+. de.)
Lubbock County
IL ESTIMATED NUM-
6ER Q SONS
6
250,000
1L TYPE Of APPLICATION
A4W Catwltlaw 94WV aKw-
&4te`ral 0-CONUAWIM X"-.sarevr"" 1Rss A
13. PROPOSED FUNDING 14. CONGRESSIONAL 0ISTRICr3 OF,
IL TYPE OF GiANGE (For 194 or Ste)
•
A-Maaata Ddlaca F-OUW avevay) I
"308
a FEDERAL
1 218 581.ao
4. APPIACANr
►s4tE�r
IL APPLIGBT
135 398.ao
1
I=DDorm um
�a011
lfATE
oo
ALDAPR OJECT 2TART say
TA r.ar 09
17. PROJECT
OUItA 0 Mesas
d. LOC1J
.Oo
t OTM
oG
1L ESTIMATED DATE TO 'Ia w +womb fay
•E suBMtmp TO
FEDERAL AGENCY ► 19
19. octsTiNG FEDERAL IDENTIFICATION NUMBER
t. TO AL
.00
2L FEDERAL AGENCY TO RECEIVE REQUEST (NVOMW City. dtaty VP Dad,)
2L REMARKS ADDED
DOT FAA AEQ ADO Albutguergue, NM 87106
Yes O No
s?
THE
a. To tea Last 91 ad tAcrlcdC$ ad Wid.
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al;�tt,mt 1MrtiA, to iF/fmptlttl daarla=bautaa aAd ql rmpnam era sttte3tM: ,ne*,a attadLed
APPUEgT
CERTIFIES
THAT ♦
day utlwWW by W mad b* of
Stu tolmaat ad do spolkat will am*
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saw It 4ftmya L
South Plains Assoc. of Governments
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4 TYPED RALIE MO TITLE
L. 111911AT M
s. DATE SICKED
.
sFtvT tvE
Marvin W. Coffee
Director of Aviation
2�'
roar OWN& fay
83 08 17
24. AGENCY NAME
IL PLICAM iw mow" fay
TION
2L ORGANILITIONAL UNIT
V. ADMINISTRATIVE OFnce
2;. FEDERAL APPLICATION
IDENTIFICATION
29. ADDRESS
ia. FEDERAL GRANT 1 ,�
IDENnn ATION
" .
xL ACTION TANIEN
Q r. ATI<ARDED
SZ FUNDING
roar =*WA • fay
XL ACTION GATE 1► 19
ZJ3. rasr +aoatL . day
ON NG12
FEDERAL
m
L APPUC4NT
J)0
15• TION sACrM sod WDyds*a atcacb.rITIONAL l �
13 L. iiJLCrED
13 a. RETURM FOR
16• Year wexM day
DATEG 19
C. STATE
.�
d. LOCAL
.00
AYElIDIIIItT
27. REMARKS ADDED
L. CTM
AD
13
C TOTAL Is
001
a
Di
a. wrrAORWI
D Yn Na
FEDERAL AGENCY
m tWat above acttaa, M comments aetW &— datrlat*— wtra eaa•
"OIL t! anpeae Y dma made P,.W n ct M L Oslo Ckwla► A.es.
Raw! Mee at In N[ay eadt.
L. FCDERAL AGENCY A45 OFFICIAL
(Ncs+s swd trt,vAewe so.)
A-03 ACTION
•TANDARD FORM 424 PAGE 1 (10-75)
Prapamiliod 61, GSA, rederal DtandeowLeat Ccreater ss-r
DEPARTMENT OF TRANSPORTATION - FEDERAL AViATION ADMINISTRATION -
.;� oMe r+o. •o.wores
,r
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, Name of Governing Body
regional, or other priority rating? Priority Rating
Yes X No
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
No adverse comments
._...$r.. Yes No
Item t.
Does this assistance request require State, local; Name of Approving Agency
regional or other planning approval? Date
Yes No
Item 5.
Is the proposed project covered by an approved Check one: State r''•
comprehensive plan? Local'
RegionalX Yes No Location of plan Lubbock, Texas
Itern,6. _ ..
Will the assistance requested serve a Federal Name of Federal Installation
installation? Yes -No 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 i at'i C_t affect .
See WtVbttion for additional information to be
on the environment?
Yes ' X No
Item 9.
NAber-of:
Will the assistance requested cause the displacement aV
''Individuals ---
individuals families, businesses, or forms?
Families
Businesses ,
Yes No
Farms
Item 10.
Is thtre.other related Federal -assistance on this
See instructions for additional information to be
project previous, pending, or anticipated? -
provided.
Yes X No
FAA Fwm 5I0p.I00 t6-79) SUPERSEDES FAA FORM $100-10 PAGES 1 THRU 7 Page 2
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION CUB NO.0i•R0209
PART II : SECTION C .
The Spcinw►r hereby represents and certifies as follawe:
COMP21ible Land Uac.-The Sponsor has taken the fogowing actions to assure compatible usage of land adjacent to or in
the Vicinity of the airport:
` Adopted Airport hazard Zoning Ordinance
Adopted Airport Master plan
3. Defaults . -The cponsor is not in default on any oldiga&)n tei the United States or any agency of the United States Govem-
enrnt relative to thr.development, operation, or maintenance of any zirport. except as stated herewith:
None
:1. PerAmhle 06abilities.-There are no facts or circuntstane" (including the existence of effective or proposeel kays, use
aTrrrinent.- or other legal instruments affecting use of the Airpnrt eer the existence of pending litigation or other legal proce"Im �.. )
which in tYa,ionable probability might make it impxtsaible for the Spotts<x to arty out and complete the Pro'eet or tarry out
pmvisN)ns of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as fdlows:
None
4. Land. -{a) The Sponsor hdids the following pro"y,interest in the following areas of land which are to he developed
or uAed as part of or in connection with thr•Airport. di of which areas are identifird on thr aforementioncil property map
dt-ignated as Exhibit **A-:
(1) Fee siaple title free and clear of any exception, encumbrance, or out-
standing interest which would interfere with use of the l.and'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 CMB Circular A-102, to
See Attached Exhibit A -"-
(2) Easements to *
T-T NCiNl as Est it A r»ne' , so state.
No additional reference to Exhibit "A" needed..
FAA Form 5100-100 (4-76) page 3a
ASWRO (Jan/79)
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION oma No.04-R0209
PART II - SECTION C (Continued)
'rite Slioouor further vertifit-o that the above 6 ham-d on a title eXantituation by a qualified attontey or title company and that
fuclt attontsw or title compatey has determined that the Sperttror Iwhis Ilse above property interests.
(to) The +lionsor will acquire within a reamniable tinte, but in any event prior to the start of any construction work: under
the Project, the f silowinr pro -sty interest in the following areas of land on which such construction work is to be performed,
all of whu'h areas are islentified Asti the aforementioned property map el"il;ttated as Exhibit "A":
(1) Fee simple title free and clear of any exception, encmtrance, 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 CMB Circular A-102, to *
None
(2) Easements to
None
(e) The Sponstrr will acqpirr within a reasonable time. unil if [eagiblr. priers to the completion of all construction work tinder
the Project, the following; proix•rty interest in the following areas of land which are to be developed or used as part of or in
connection with the ptrrt 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 CMB Circular A-10;?,, to
NIA
(2) Easements to
- None
5. ExcltLAvc Rights. -There is no grant of an exclusive right [or the conduct of any aeronautical activity at any airport owned
or rontrolled by the aponwsr exrept as follows:
is o V'► e
IderitifyTWCT/FAKaavv1WT, and NL14MM as sha^mZnEdUbit A If 11n6ne", so state.
No additional reference to Exhibit *A"' needed.
FAA form 5100-100 -(4-76) Page 3b
ASM (JanZ/79 )
PART III - BUDGET INFOPP.ATICN -'CONSTRUCTION
SECTION A - GENBR4 - ---
1. Federal Domestic Assistance Catalog No...... .. 20.106
'2. Functional or Other Breakout .................... — AIP
SECTION B - CALCULATION OF FEDERAL GRANT
Cosy Classification
'
t
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjuste+ent
, a. (-)
1. Administration expense
S
S
S 2,803
Z. Preliminary expense
_0-
3. LwW structures, right-of-way
—0-
4. Architectural engineering basic fees
95,739
5. Other architectural engineering fees
34,569
6. Project inspection fees
47,455
7. Land development
8. Relocation Expenses
—0-
9. Relocation, payments -to Individuals and Businesses .
—0-
10.. Demolition and rgrlloval
—0-
11. Construction and project improvement
1,066, 738
12. Equipment
—0—
! 13. Miscellaneous
14. Total (Lines 1 through M
1,247,304 '
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
1,247,304
17. Less: Ineligible Exclusions
—0-u
18. Add: Contingencies-
106,675
19. Total Project Amt.-(Excluding Rehabilitation Grants)
1,353,979
20. Federal Share requested of Line 19
1,218,581
21. Add Rehabilitation Grants Requested (100 Percent)
—0-
22. Total Federal grant requested (Lines 20 & 21)
1,218,581
23. Grantee share
135,398
24. Other shares
—0=
25. Total project (Lines 2Z, 23 & 24)
s
S
s 1,353, 979
FAA Fora S1DOADO 16IM SUPERSEDES FAA FORM 5100.10 PAGES 1 TMRU7 Pape
DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION
SECTION C — EXCLUSIONS
Clessification
26
Ineligible for
Porticipotion
1
Eeclyded from
Contingency Provision
ov-%e,
S
S
6
c
d
e.
1_
g Totals
S
S
-- - SECTION D _ PROPOSED METHOD OF FINANCING NON -FEDERAL -SHARE - -
27. Grantee Share S
a. Se:antles
t. Mortgages
c. Appropriations (By Applicant)
d. Bonds 135,398
e. Tax Levies
f. Nan Cash
. Other (Explain)
h. TOTAL — Grantee share i
29. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL S 135,398
SECTION E — REMARKS
PART IV PROGRAM NARRATIVE- Attach See Instructions
FAA Form 5100.100 IS-79' SUPERSEDES FAA FORM 5100. 10 PAGES 1 TNRU 7 Page 5
VAA AC 75-0222
PART V
ASSURANCES
(For Development Projects) •'
These assurances shall remain in full force, and effect throughout the useful life of the facilities developed
under this project, rbut in any event not to exceed twenty (20) years from the date of said acceptance of an offer
of Federal aid for the project. However, these limitations on the duration of the covenants do not apply to the
covenant against exclusive rights and real property acquired with Federal funds.
The sponsor hereby assures and certifies, with respect to the grant applied for in this Application, that:
1. General Federal Requirements. It will comply with the following laws, regulations, policies, guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this project:
Federal Legislation
a. Federal Aviation Act of 1958
b. Hatch Act
c. Federal Fair Labor Standards Act
d. Davis -Bacon Act
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III
f. National Historic Preservation Act of 1966 - Section 106
S. Archeological and Historic Preservation Act of 1966
h. Flood Disaster Protection Act of 1973 - Section 102(a)
I. Rehabilitation Act of 1973 - Section 504, Section 503'
J. Civil Rights Act of 1964 - Title VI
k. Aviation Safety and N013e.Abatement Act of 1979
1. Age Discrimination Act of 1975
m. Architectural Barriers Act of 1968
n. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402
o. Airport and Airway Improvement Act of 1982
p. Powerplant and Industrial Fuel Use Act of 1978 - Section 403
Federal Regulation
a. 49 CFR Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964
b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs
C. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance
d. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity;.Department
of Labor (Federal and Federally Assisted Contracting Requirements, Including those Relating to Disabled
,Vet'erans and Veterans of.the Vietnam Era and Handicapped Workers)
e. 14'CFR Part 150 - Airport Noise Compatibility Planning
Office of Management and Budget Circulars
a. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects
b. A-102 - Uniform Requirements for Assistance to State and Local Governments
c. FMC-74-4 — Cost Principles Applicable to Grants and Contracts with State and Local Governments
Executive Orders
a. 11246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting
b. 11593 - Historic Preservation
c. .11288 - Prevention, Control, and Abatement of Water Pollution
d. 11926 - Evaluation of Flood Hazards
2. Consistency with Local Plans. -The project is reasonably consistent with plans (existing at the time of
approval of 'the project) of public agencies authorized by the state in which such airport is located to plan
for the -development Ofr the area surrounding the airport and will contribute to the accomplishment of the
purposes of the act.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are
not to be paid by the United States and sufficient funds to assure operation and maintenance of the facility
for the purposes constructed.
4. Authority of Sponsor: It has legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an
official act of the applicant's governing body, authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person identified as the
FAA Form 5100-100 (11-82) Development Page
5r ficlal representative of the applicant to act in connection with the application and to provide such
additional information as maybe required.
5. Cood Title to Airport. It ho1+e% good title, satisfactory to the Secretary, to the landing area of the
airport or site therefor, or will give assurance satisfactory to the Secretary that good title will be
acquired.
6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near
which the project may be located.
7. Public Hearings. In projects involving the location of an -airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with the goals and
objectives of such planning as has been carried out by the community and shall, when requested by the
Secretary, submit a copy of the transcript to the Secretary.
S. Air and Water ouality'Standards. In projects involving airport location, a major runway extension, or runway
location, it will provide for the Governor of the state in which the project is located to certify in writing
to the Secretary that the project will be located, designed, constructed, and operated so as to comply with
applicable air and water quality standards. In any case where such standards have not been approved and
where applicable air and water quality standards have been promulgated by the Administrator of the
Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty (60) days after the project application
has been received by the Secretary.
9. Economic Nondiscrimination. It will make its airport available as an airport for public use on fair and
reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical uses
including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant, or
subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially
comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable
rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such
airport and which utilize similar facilitiea, 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 airport provided an air carrier, assumes obligations
substantially similar to those already imposed on tenant air carriers, and (B) each fixed -base operator at
any airport sh911 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 uaes of -such airport utilizing the. -same or
similar facilities, and (C) each air carrier using such airport shall have the right to service itself or to
use any fixed -base operator that is authorized by the airport or permitted by theAirportto serve any air
carrier at such airport, and (D) that in any agreement, contract, lease or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor--
(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof,
add 4 -
(2) 'to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided,
that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
(E) that it will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport•lrom performing any services on its own aircraft with its own
employees (including, but not limited to maihienance and repair) that it may choose to perform, and (F) in
the event the sponsor itself exercises any of the rights and privileges referred to -in this assurance. the
services involved will be provided on the same conditions as would apply to the furnishing of such services
by contractors or concessiona-lres of the sponsor under these provisions.
Provided, that the sponsor mSy�establish such fair, equal, and not unjustly discriminatory conditions to. be
met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and
provided further, that the sponsor may prohibit or limit any given type, kind, or class of aeronautical use
of the airport or necessary to service the civil aviation needs of the public.
10. Exclusive, Rights. It• will permit no exclusive right for the use of the airport by any persons providing, or
intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of
services at an airport by a single fixed -base operator shall not be construed as an exclusive right if both
Of the following apply: (1) it would be unreasonably costly, burdensome, or impractical for more than one
fixed -base operator to provide such services; and (2) if allowing more than one fixed -base operator to
provide such services would require the reduction of space leased pursuant to an existing agreement between
such single fixed:base operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or
corporation the exclusive right at the airport, or at any other airport now owned, or controlled by it, to
conduct any aeronautical activities, including but not limited to charter flights, pilot training. aircraft
FAA Form 5100-100 (1142) Development Page
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of`avifitibn petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, -sale of aircraft parts, and
any other activities which because Tof their direct relationship to the operation of aircraft can be regarsed '
as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under the Airport and Airway
Improvement Act.
11. Airport Operation and Maintenance. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard .to climatic and flood conditions.
It will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards
as may be required or prescribed by the applicable Federal, state, and local agencies for the maintenance and
operation, the airport and all facilities which are necessary to serve the aeronautical users of the airport
other than facilities owned or controlled by the United States, and will not permit any activity thereon
which would interfere with its use for airport purposes; provided, that nothing contained herein shall be
construed to require that the airport be operated for aeronautical use during temporary periods when snow,
flood, or other climatic conditions interfere with such operation and maintenance; and provided further, that
nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement -of any
structure or facility which is substantially damaged or destroyed' due to an act of God or other condition or
circumstances beyond the control 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 whenever required;
b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions;
and
c. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
12. hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
13. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent
reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities
and purposes compatible with normal airport operations, including landing and takeoff of aircraft.
14. Use by Covernsent Aircraft. It will make available all of the facilities of the airport developed with
Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States
for use by Government aircraft in common with other aircraft at all times without charge, except, if the use
by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use,
for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exiat when operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft,
or during any calendar month that --
a. Five (5) or more Government aircraft -are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or
more, or the gross accumulative weight of Government aircraft using the airport (the total movements of
Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
15. Land for Federal Facilities. It will furnish without cost to the Federal Government for construction,
operation and maintenance of facilities for, anMes ik-connection with; any air traffic control or air
navigation activities, or weather reporting and communication activities related to air traffic control, any
areas of labd or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers
necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such
areas or any portion thereof will be made available as provided herein witfiin 4 months after receipt of
written requests from the Secretary.
16. Standard Acccunting Systems. It will keep all project accounts and records in accordance with a standard
system of accounting prescribed by the Secretary.
17. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services being
provided the airport users which will make the atrport as self-sustaining as possible under the circumstances
existing at that particular airport, taking into account such factors ras the volume of traffic and econocy of
collection, except that no part of the Federal share of an airport development or airport planning project
for which a grant is made under this title or under the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate base in establishing, fees, rates, and charges for users
of that airpert.
FAA Form 5100-100 (11-62) Development Page 8
r
le. Reports and inspections. It will submit to the Secretary such annual' or special airport
Lions reports as the Stcretary may reasonably requint bnd"wfll make tt�p airport and all
documents affecting the airport, including deeds, lcascs, operation siQ use agreements,
instruments, available for inspection by any duly authorized agent of the Secretary upon
financial and opera -
airport 'records and
regulations and other
reasonable request.
19• Airport Revenue. It will expend all revenues generated by the airport, if it is a public airport, for the
capital or operating costs of the airport, the local airport system, or other local facilities Which are
owned or optrated by the owner or operator of the airport and directly related to the actual transportation
of passengers or property: Provided, however, that if covenants or assurances in debt obligations -previously
Issued by the owner or operator of the airport, or provisions in governing statutes controlling the owner or
operator's financing, provide for the use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities,, then this limitation on the use of all.other revenues generated
by the airport shall not apply.
20. Consultation with Users. In making a decision to undertake any airport development project under this title,
it will undertake reasonable consultations with affected parties using the airport at which the project is
proposed.
21. Terminal Development Prerequisites. For projects which include terminal development, it has, on the date of
submittal of the project grant application, all the safety equipment required for certification of such
airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule
or regulation, and rhas provided for access to the passenger enplaning and deplaning area of such airport to
passengers enplaning or deplaning from aircraft other than air carrier aircraft.
22. Construction inapection and Approval. It will subject the, construction work on any project for airport .
development contained in an approved project grant application to inspection and approval by the Secretary,
and such work will be in accordance with regulations and procedures prescribed by the Secretary. Such
regulations and procedures will require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
23. Minimum Wage Rates. It will include, 1n all contracts in excess of $2,000 for work ,on projects for airport
development approved under this title which involve labor, provisions establishing rsinimum rates of wages,
to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as' amended
(40 U.S.C. 276a--2763-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates
will be .stated in the invitation for bids and will be included in -proposals -or bids for the Work.
24. Veterans Preference. It will include, in all contracts for work under project -grants for airport development
which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference will be given to veterans of the Vietnam
era and disabled veterans as defined 1n Section 515(c)(1) and (2) of the act, However, this preference shall
apply only where the individuals are available and qualified to perform the work to which the employment
re later.
25• Audits and Recordkeeping Requlremenis. It will keep such-recorda as: the-, Secretary may prescribe. -including
records which -fully disclose the amount and the disposi�tI r'by the•rectpent of the proceeds of the grant,
the total cost of the plan or program in connection with which the grant is given'or used, and the amount and
nature of that portion of the -cost of the plan or program supplied by other sources, and such other records
as will facilitate an effective audit and it shall crake available to the Secretary and the Comptroller
Genem l of the United States, or any of their duly authorized representatives, for the purpose of audit and
examination. any books, documents, papers, and records of the recipient that are pertinent to grants received
under this title. The Secretary may require that an appropriate audit be conducted by a recipient.
26. Audit Reports. In any case in which an independent *audit is made of its accounts rotating to the disposition
of the proceeds of a grant or relating to the plan or -program 1n.connection-w•jth riiiah the -grant was given or
used, it will file a certified copy of such -audit with the Comptroller General of the United States not later
than 6 months following the close of the fiscal year for which the audit e.
27. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the
grounds of race, creed, color, national origin, sex, age, or handicap be.'e'xcluded.from:participating in any
activity conducted with or benefiting from funds received from this grant.
28. Airport layout Plan. It will keep up to date at all times an airport layout plan of the airport showing
(1) boundaries of the airport and all proposed. additions thereto, together with the boundaries of ^11 offaite
areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and structures (such as runways,
taxiways, -aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of
existing airport facilities; and (3) the location of all existing and proposed nonaviaiion areas and of all
existing improvements thereon. Such airport layout plan and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature
of a duly authorised representative of the Secretary on the face 'of'the airport layout plan. The sponsor
will not make or permit any changes or alterations in the airport or in any of its facilities other than in
conformity with the airport layout plan as ao approved by the Secretary if such changes or alterations might
adversely affect the safety, utility, or efficiency of the airport.
FAA Form 5100-100 (11-82) Development Page 9
29. Preserving Airport Rights and Powers. It 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 assurances herein without the
written approval of the Secretary, and will act to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the sponsor. This shall be done in
a manner acceptable to the Secretary.
It will not dispose of or encumber its title or other interests in the site and facilities during the period
of Federal interest or while the Government holds bonds, whichever is the -longer. The obligation to perform
all such covenants may be assumed by another public agency found by the Secretary to be eligible under the
act 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 ensure that the airport will be operated and maintained in accordance with the act, the
regulations, and these covenants.
30. Construction Accomplishment. It will* execute the project in accordance with plans, specifications, and
schedules as approved by the Secretary, and incorporated herein, or with modifications similarly approved,
-
and will provide and maintain competent technical supervision at the construction site to assure that
completed work conforms with the approved plans and specifications.
FAA Form 5100-100 (11-82) Development
Page 10
STANDARD DOT TITLE VI ASSURANCES
The City of Lubbock, -Texas (hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT), it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seg.) and all
requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the
end that no person in the United States shall, on the ground 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 applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement.
Without limiting the above general assurance, the Sponsor agrees concerning
Project No. 3-48-0138-02 (hereinafter referred to as the Project) that:
1. Each "program" and,"facility" (as defined in Sections 21.23(el and
21.23(b) will be conducted or operated in compliance with all requirements of
the Regulations.
2. It will insert the following notification in all solicitations for bids
issued in connection with the Project and in adapted form in all proposals for
negotiated agreements:
The City of Lubbock, Texas , in accordance with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of -the
Department of Transportation, hereby notifies all bidders that it will
affirmatively assure that minority business enterprises are afforded
_full opportunity to submit bids in response to this invitation and will
not tie distriminated against on the -grounds of race, color., or national
origin in consideration for an award.
3. It will insert the clauses of Attachment 1 of this assurance in every
contract subject to the Act and the Regulations.
4. Where Federal financial assistance is received to construct a facility,
or part of a facility, the assurance shall extend to the entire facility and
facilities operated in connection therewith.
5.._,Oere Federal financial assistance is 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. It will include the appropriate clauses set forth in Attachment 2
of this assurance, -as a covenant running with -the land, in any future deeds,
Page 1
r
a
leases, permits, licenses, -and similar agreements entered into by the Sponsor.
With other parties: (a) for the subsequent transfer of real property acquired
or improved with Federal financial assistance under this Project and (b) for
the construction or use of or access to space on,.over# or under real property
acquired or improved With Federal financial assistance under this Project.
7. This assurance obligates the Sponsor for the period during which
Federal fin4ncial 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 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.
8. It will 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,, subcontractors, transferees, successors
in interest, and other participants of Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance.
9. It agrees that the.United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURMCE is given. -in consideration of and for the purpose of obtaining -
Federal financial assistance for -this Project and is binding on its. contractors,
the se.mnsor-„•subcontractors, transferees, successors in interest and other
participants In the Project. The person or persons whose signatures iappear
below are. -authorized to sign this assurance on behalf of the Sponsor.
DATED August 17, 1983
Attachments Land 2
The City of Lubbock, Texas
(Sponsor)
Gweiz-
By
(Signature of Autho i ed Official)
Page 2
COI:;r.AC7UR CONTRACTUAL - _uii+ MENTS
y'
•S
ATTACW HT 1 TO STANZARD DOT TITLE VI ASSUNANCE
:,wring the perf x-.,nct of this contract, the contractor, for itself, its assignees and-uccessors in interest
;!,ereinafter referred to as the "contractor") agrees as follows:
1. Cor..plian.e with P.evulations. The contractor shall comply with the Regulations relative to nondiscr!Zin:
Lion in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49. Code of
eoeral Regulations. Part 21, as they may be amended from time to time (hereinafter referred to as the
-:_ulations), 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, stall
:got discriminate on the grounds of race, color, or national origin in the selection and retention of suD-
ccntractors, including procurements of materials and leases of equipment. The contractor shall not partici;ate
wither directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
_-;1Oy%*nt practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Xaterials and Ecuipment. In all solicitations
either by competitive bidding or negotation made by the contractor for work to be performed 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.
0. Information and Reports. The contractor shall provide all information and reports required by the
" gulations or directives issued pursuant thereto and shall permit access to its books. records, accounts, ether
sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation
;.dministration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
::here any intonation required of a contractor is in the exclusive possession of another who fails or retusts to
:urn13h this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall se
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination
provisions of ..this contnct,_the sponsor shall impose. such contract sanctions as it or the FAA may determine to b
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.Regulat:ons
or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or
procurement as the sponsor or the FAA -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 supplier as a result of such direction, the contractor may request the sr:nsor
to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may revues
the United States to enter into such litigation to protect the interests of the United States.
CLAUSES FOR DEEDS, LICE24SES, LEASES, PERMITS OR SIMILAR INSTRU-I.DITS
ATTAC;NEWT 2 to STANDARD DOT TITLE VI ASSURANCES
The following clauses shall be included in deeds,' licenses, leases, permits,
or similar instruments entered into by the City of Lubbock. Texas
pursuant to the provisions of Assurances 6 (a) and 6 (b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for hirr:self, 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
was a covenant running with the land") that in the 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 DOT program or activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in compliance
with all other requirements imposed. pursuant to.49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, 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 par-
ticipation in, denied the benefits of, or be otherwise subjected
-to discrimination in the use of said,facilities, (2) that in the
constrU-Ction 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, permitee, etc.) shall.use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be'amended.
.(11-82)
i
SPON-A Oa ASSURA 14CE TO ACCCEOTANY FROJECT APFLICATI:ON MTM AUGUST 17, 1983
.iOR A GTJJT OF FLMMS FOR THE DMLOF4-2-MT CIR. lMnOJL?r'NT OF TFM
LUBBOCK•INTERNATIONAL A LEPORT
Operation of Liebts Instilled under Federal l?-resisted FroKr =n
of the FILA. In order to furnish the a.ssurAnces required by Tart 152
of the Tederal Aviation Regulations as t= ended, the
the. City of Lubbock, Texas (hereinafter called the
"Sponsor") hereby covenants and agrees with the United StRtes
(hereinafter called -the _!'Gover=ent'!) as follows:
The Sponsor in the operation and use of the Lubbock
International Airport, acknowledges its a araaess of the cost
of operating and maintaining airport lighting and agrees to operate
the airport lighting installed (or to be installed under this project)
throtighout each night of the year.
Noncompliance with the above assurances shall constitute a
material breach, and in the event of such noncocpliance the Governmer.:
may take appropriate action to enforce coapliance, may terminat-e the
Grant agreement to vhieh this covenant relates, or seek judicial
enforeeaent.
August 17, 1983
(Date)
The City of Lubbock, Texas
(Name of §pvi sor)
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RESOLUTION