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HomeMy WebLinkAboutResolution - 2136 - Grant Application - FAA - Development Project #3-48-0138-05, LIA - 09/12/1985MH:js RrCn1 IITTnKi Resolution #2136 September 12, 1985 Agenda Item #29 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 an acceptance of a Grant offer by and between the City of Lubbock and the Federal Aviation Administration in the amount of $1.579,036 for A.I.P. Project No. 3-48-0138-05, 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 12th day of SeptembU1985. ALAR HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: :�Z� Marvin Coffee, DX616ctor of Aviation APPROVED AS TO FORM: Michele art, ssistant City Attorney Q) U.S. Department of Transportation Federal Aviation Administration SEP 1985 The Honorable Alan Henry Mayor, City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Dear Mayor Henry: _) Z AIRPORTS DISTRICT OFFICE 2930 Yale, SE., Room 109A Albuquerque, NM 87106 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 September 30, 1985. Sincerely, t J. HOWAR er, Airports District Offic Enclosure cc:--w/page 1 of GO TAC. Resolution #2136 Page 1 of 4 pages fa4w GRANT AGREEMENT FOR DEVELOPMENT PROJECT US Department ofTronsportation Part 1 -Offer Administration Date of Offer: Airport: Lubbock International S-05 3W-8639 TO: The City of Lubbock, Texas yy (herein referred to as the "Spons r � 'U v� FROM: The United States of America ation Administration, herein referred to as the "FAA WHEREAS, the Sponsor has submittec cation ( also called an Application for Federal Assistance) da or a grant of Federal funds for a project for development of th+ Airport (he __—nether with plans and specifications for such project, which Al_.A-cuora-TAssistance, as approved by the FAA is hereby incorporated herein a -n -a '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: Construct and mark taxiway (approximately 50' x 2437'); construct and mark taxiway (approximately 35' x 5104'); construct access road (approximately 32' x 5951'); construct service road (approximately 24' x 2924'); install taxiway lighting system; install security fencing (approximately 6,100 L.F.); rehabilitate Taxiway D (approximately 17,530 S.Y.); reconstruct existing apron (approximately 6,042 S.Y.); construct drainage structures and channel. 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 (10-84) Development or Noise Program 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/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, Ninety percentum of all allowable project cost. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $ 1,579.036 . For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ for land acquisition $ 1,579.036 for airport development or noise program implementation.(other than 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 regulations and procedures as the Secretary shall prescribe. Unless otherwise stated in this grant agreement, any program income earned by the sponsor during the grant period shall be deducted from the total allowable project costs prior to making the final determination of the United States share. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. FAA Form 5100-37 (10-84) Development or Noise Program Page 3 of 4pages 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1985, or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records per- taining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement, and the sponsor shall hold the United States harmless from all claims arising from, or related to, completion of the project or the sponsor's continuing compliance with the terms, conditions, and assurances in this grant agreement. 9. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit A, incorporated in AIP Project No. 3-48-0138-04. 10. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications approved by the FAA on July 16, 1985. FAA Form 5100-37 (10-84) Development or Noise Program 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 this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. (Title) UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager, Albuquerque Airports District ice Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 12th day of By (SEAL) Tit Attest: Title: City Secretary September , 19 85 City of Lubbock, TeAs Name of Sponsor SID&( is Designated ficial Representative Mayor CERTIFICATE OF SPONSOR'S ATTORNEY I,acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at C U000C("e this 13 day of S E �� ( 19 � Signat,9 of Sponsor's Attorney 1 1 �- !!. x+ . . •• -- ` FEDERAL ASSISTANCE 2. APP. LIA 'TS 17. ACTION TAKEN 128• AP - 1 TYPE CATION OF OF INTENT(OPTIONAU C3 NOTICE IOENTI- SUBMISSION ❑ FIER Mdwk Y PREAPPUCATION c STATE "� ❑ APPLICATION BY APPLICANT TO boil O DEFERRED (ROK L TOTAL B1aaA a. NUM8ER 3. STATE A NUMBER APPI.I- CATION IDENTI- b. DATEFIER b. DATE Yeo, awed day Nors To Be ASSIGNED AS31ON .D 1985 08 2 A BY STATE OMG Aporovel No. 03A8-0006 Y.or aw.rh day l9 4. LEGAL APPLICANT/RECIPIENT I5. EMPL.UYI K IL-+NIIYK;AiJUN NUMUhM MIN) a.AOpbcantNatne City of Lubbock 75-6000590 b.Orpormbon UM .Lubbock International Airport 5. Q S&IOVP.O. Boa .Route 3, Box 389 G O- a. NUMBER ( 210 I 1 110 k 1 tsaly Lubbock a. County . Lubbock L slat. p ZIP coo. 79401 (Frena CFDA) MULTIPLE •Texas kContaefPwsort(Na~ Marvin W. Coffee b. TIME A relmha.. Na) _ 2 AIP 7. TITLE OF APPLICANT 5 PR ECT (Use wcaon IV of 7. tolrr m "16- a mrsu N d --Joon of IfM 8. TYPE OF APP UGAN7/RECIPIENT projaell Phase II o general aviation area development in- eluding approximately 7,500 L.F. of 35' and 50' taxiways ��;�,T�, W approximately 8,900 L.F. of 24' and 41' roads, pavement o...tsvavyt rehabilitation, lighting, security fencing, drainage and - �0"' Easw eppftrr"te kit" 0 other related items of work. 9. AREA OF PROJECT IMPACT (Nara alam cowAnes :rates etaJ 10. ESTIMATED NUMBER it_ TYPE OF ASSI37ANCE OF PERSONS BENEF(TiNG s -.sass r.r owX II Lubbock County 250,000'"W`""'''( A -112- PROPOSED FUNDING 13. CONGRESSIONAL DISTRICTS OF: 14. TYPE OF APPLICATION Amb. 0 P1 E ORAL sl, 5 79,036 .00 ' ` APPUCANT b. PROJECT •-A---r ,. APOLICANT 175,448 .00 19 19 17. � rfv IF 0 A STATE 00 15. PROJECT START 18 DURRA ON C ` -- moa...' DATE rear wr.wtA day a LOCAL .00 to 85 09 01 10 A.or+tlfs •. OTHER � � 18. DATE DUE TO Year MDMA day 1. Toe,, i1, 7 5 4, 4 8 4 .00 FEDERAL AGENCY 1985 08 21. 19. FEDERAL AGENCY TO FIECEIVE REOUEST DOT/ Federal Aviation Administration a. OAGANtZATIONAL UNIT (IF APPROPRIATE) b. AOMINISTRAVVE CONTACT (IF KNOWN Airports District Office Bill Howard c AOORESS 2930 Yale, S.E., Room 109A Albuquerque, New Mexico 87106 22* To"best of my Ittw.As" ane bettef, a. YES. THIS NOTICE OF INTENT/PREAPPLICATION/APPO TME data in V" preappreabon/applicaWM EXECUTNE ORDER 12372 PROCESS FOR REVIEW ON: e 11W aw+ nd Col. VW docur t Rall DATE _ -- - -- S APP nFtENST atbeen d%*y a awmee by SM wverr" �aOr.�sr 1ar.Jar. a TIHATt- bogy of V» wobeanl and 9- aOpwsM wa co 1100 VMM V» aftad+ad ss"antxa b. NO. PROGRAM IS NOT CCV'Ac ED BY E.O. 12372 9 e» asa scarce is approved. OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ 23. a. TYPED NAME ANO TITLE tL SIGNATURE G CERTIFYING Marvin W. Coffee �jJ W REPRE- -� AA V` . SENTATTVE I Director of Aviation 24. TAS CA- Ywr •wood day _ 25. FEDERAL. APPLICATION IDENTIFICATION NUMBER 126. FEDERAL GRAI RECEIVED 19 17. ACTION TAKEN 128• O a. AWARDED a FEDERAL a b. REJECTED a c RETURNED FOR d APPLICANT AMENDMENT O ti RETURNED FOR E.O. 12372 SUBMISSION c STATE tL LOCAL BY APPLICANT TO STATE O DEFERRED OTHER L TOTAL 01. WITHDRAWN SN 7840 -01 -ow -8162 :t --A JS EDITION NOT USABLE prra urwga) 20. EXISTING FEDERAL GRANT IDENTIFICATION NUMBER 3-48-0138-05 21. REMARKS ADDED Year swath day �S�.T'ARTiNG Y.er +weal 19 DATE 19 _ .00 31. CONTACT FOR ADDITIONAL INF( .110 T10N (N4~ and teleph..e awaber) 00 .00 .00 S .00 424-103 Y.ar awatA dors 19 33. REMARKS ADDED Yea M No iTANDARD FORM 424 PAGE 1 (Rev. 4-64' Prewribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION UIS H 1.'0 8G-1+�:I� 4 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes X No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? Yes X No Item 4. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date _Yes X_ No Item 5. Is the proposed project covered by an approved Check one: State comprehensive plan? Local X Regional X Yes No Location of plan Lubbock, Texas Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. -- Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes X No Percent of Project _ Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes. X No Iterr. 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes X No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Form 5100-100 16-73? SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.04•RO209 PART II.= SECTION C The Sponsor hereby represents and certifies as folloivs: . Compatible Land Use.—'rhe Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Adopted Airport Hazard Zoning Ordinance Adopted Airport Master Plan 2. Defaults. -The Sponsor is not in default on any obligation tr: the United States or any agency of the United States (:ovrrn- ment relative to the development, operation, or maintenance of any airport, except as stated herewith: None Possible Disabilities._ There are no farts or circumstances (including: the. existence of effective or proposed leases. use agreements or other Ieval instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability midst make it impossible for the `ponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 1. Land -4a) 'rhe Sponsor holds the following; property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport. 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 OMB Circular A-102, to * See Attached Exhibit A (2) Easements to * * Identify by TRACT PARCEL LOT, and NUMBER as shown in Exhibit "A". If "none", 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 OMB NO. 04-RO209 PART II • SECTION C (Continued) The sponsor further certifies that the above i:. based on a title examination by a qualified attorney or title company and that such attornev or title company has determined that the Sponsor hold., the above property interests. (b) Thr Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to he performed, all of which areas arc identified on the aforementioned property map designated as l,xhibil "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 OMB Circular A-102, to * None (2) Easements to * None (c) The Sponsor will acquire within a reasonable time. and if feasible prior to the completion of all construction work under the Project. the following propert} interest in the followin;,areas of land which are to Ire developed or used as part of or in connection with the ;%irport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated ai� E'.xhibit "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 OMB Circular A-102, to * N/A (2) Easements to * None S. b xclusive Kights.—'I'Itcre is nobrant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as f<rllows: * Identify by TRACT PARCEL L0T, and NUMBER as shown in Exhibit "A". If "none", so state. No additional reference to Exhibit "A" needed. FAA Form 5100-100 (4-76) Page 3b ASWRO (Jan/79) SM73Ca A5StaANCE TO kCCCZ—_. JN PROJECT APYLICIATION I:ATED August 21, 1985 FCR A GP.) T OF FLP ,S yOR THE DEVELOFI-E •`T CR. "h? OF THE Lubbock International AIRPORT G-ocration of Lirbts Iaatalled u_ -.der Federal IT-cocis ted PrOST 's of the Ff.A. In order to furnish the tssurances required by Fart 152 of the Federal Aviation Eegulations as trended, the Citynf Lubbock, Texas (hereinrfter called the "Spoaaor") hereby covenants and agrees with the United StAtes (hereinafter call ed -the _"Government") as follows: Lubbock The Sponsor in the operation and use of the — International Airport, ackno5:ledgcs its sureness of the cost of operating and maintaining airport lighting and agrees to operate the airport lighting installed (or to be installed under this project) throughout each night of the year. Noncompliance `rith the above assurances shall constitute a material breach, and in the event of such nonccc=pliance the Goverment nay take appropriate action to enforce cocspliance, ciay terminate the Grant Agreement to which this covenant relates, or saak.judiciAl enforceQent. City of Lubbock, Texas (tiame of Sponsor) By �! (Date) CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 to STANDARD DOT TITLE VI ASSURANCES The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by pursuant to the provisions of Assurances 6 (a) and 6 (b). 1. The (grantee, licensee, lessee, permitee, 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 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 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, 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) CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 TO STANDARD DOT TITLE VI ASSURANCE During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. 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 contractors obliga- tions under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. . 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) 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 FAA, 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 nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA 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 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 sub- contractor 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. (11-82) 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 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 Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the Sponsor retains ownership or possession of the property. B. 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 ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED September 9, 1985 Attachments 1 and 2 City of Lubbock, Texas (Sponsor) By (Signature of Authoriz fficial) Page 2 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. 3-48-0138-05 (hereinafter referred to as the Project) that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) 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 02 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 be discriminated 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 :i 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. Where 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 26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development and airport planning projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise program implementation projects, it will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 27. Use of Governement Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that -- a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of government aircraft is 300 or more, or the 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. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and purposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities other than in conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might adversely affect the safety, utility, or efficiency of the airport. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. 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 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. FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 11 (1) To furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. 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 rules, regulations, conditions, rates, fees, rentals, and other charges 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. 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. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. 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 -based 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 -based operator to provide such services, and (2) If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation 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 of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurances 22 and 23, for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under the Airport and Airway Improvement Act of 1982, 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 airport. 25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities which are owned or operated by the owner or operator of the airport and directly related to the actual transportation of passengers or property. Provided, however, that if convenants 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 revenues generated by the airport shall not apply. FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 10 15. Veterans Preference. It shall include, in all contracts for work on any projects funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, admininstrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Deleted. 19. Operation and Maintenance. a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for -- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. 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. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise program implementation items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will 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. 21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise program implementation, it will not cause or permit any change in land use, within its jurisdication, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimation. a. 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. b. 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 provision requiring the contractor -- FAA Form 5100-100•(10-84) Development or Noise Program - Public Sponsor Page 9 d. For noise program implementation projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement. e. Deleted. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the state in which the project is located to plan for the development of the area surrounding the airport. For noise program implementation projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports the project and the project is reasonably consistent with the agency's plans regarding the property. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 19829 it has undertaken reasonable consultations with affected parties using the airport at which the project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with the goals and objectives of such planning as has been carried out by the community. It shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Deleted. 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport by passengers enplaning or deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the U.S. General Accounting Office publication entitled Guidelines for Financial and Compliance Audits of Federally Assisted Programs. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 8 c. 49 CFR Part 25 - Relocation Assistance and Land Acquisition for Federal and Federally Assisted Programs. d. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates. e. 29 CFA Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S. f. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. g. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. h. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements). 1. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Management and Budget Circulars. a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-102 - Uniform Requirements for Assistance to State and Local Governments. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. For noise program implementation projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal Funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise program implementation project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise program implementation projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise program implementation project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial noncompliance with the terms of the agreement. FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 7 PART V ASSURANCES (Public Agency Sponsors of Development or Noise Program Projects) A. GENERAL. 1. These assurances shall be complied with in the performance of the following grant agreements: Airport development and noise program implementation grants to airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement Act of 1982 or the Aviation Safety and Noise Abatement Act of 1979. This set of assurances includes only those assurances which are applicable to a sponsor who is a public agency with control of a public -use airport. 3. Deleted. 4. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. DURATION AND APPLICABILITY. Airport Development or Noise Program Implementation Projects undertaken by a public agency (airport sponsor). The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise program implementation project, or throughout the useful life of the project items installed within a facility under a noise program implementation project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. C. SPONSOR CERTIFICATION. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal Y funds for this project including but not limited to the following: Federal Legislation a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, at sec. b. Hatch Act - 15 U.S.C. 1501, et seg. c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sec. d. Davis -Bacon Act - 40 U.S.C. 276(a), at seq. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III, 42 U.S.C. 4621-4655. f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1961 - 16 U.S.C. 461, et seq. h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4001, note. i. Rehabilitation Act of 1973 - 29 U.S.C. 794. J. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d, et sec. k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seg. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et see. m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et see. n. Airport and Airway Improvement Act of 1982 - 49 U.S.C. 2201, at seq. o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 1742 U.S.C. 8373. p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sec. q. Copeland Kickback Act - 18 U.S.C. 874. r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. s. Endangered Species Act - 16 U.S.C. 668(a), et se. Executive Orders. Executive Order 123729 Intergovernmental Review of Federal Programs, Federal Regulations. a. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 6 pus Nce 8L DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ApUINISTRATION SECTION C — EXCLUSIONS FAA Form $100-100 I6-73' SUPERSEDES : AS FOpM SICU -10 PACES I THRU 7 PAA AC 75-0232 Classification Ineligible for Participation � E.cluded from Contingency Provision 21 26 a> b I c d e. f. 1 orols C I c 9- SECTION D — PROPOSED METHOD OF. -FINANCING NON -FEDERAL -SHARE 27. Grantee Share S Securities {a. b, litvrtgages c. Appropriations (By Applicant) d. Bonds 175,448 e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL — Grantee share 22. Othe! Shares a. State b. Other c. T otai Other Shares 29. TOTAL S 175 448 I i SECTION E — REMARKS PART IV PROGRAk'1 NARRATIVE (Attach — See Instructions) 0 FAA Form $100-100 I6-73' SUPERSEDES : AS FOpM SICU -10 PACES I THRU 7 PAA AC 75-0232 i DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 20.106 1. Federal Domestic Assistance Catalog No........... . AIP 2. Functional or Other Breakout ............ ....... . SECTION B — CALCULATION OF FEDERAL GRANT Use only For revisions Cost Classification Adjustment Latest Approved 1 Amount t or H 1. Administration expense S 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals an Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines I through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions r20.Federal dd: Contingencies tal Proyect Amt. (Excluding Rehabilitation Grants) Share requested of Line 19 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 23. Grantee share 24. Other shares 25. Total project (Lines 22, 23 & 24) S FAA Form 5100-100 (6 73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 S S OMB No. 80-RO184 Total Amount Required 91,422 44,437 38,348 —0- -0- -0- -0- 1,553,343 —0- 25,912 .1,754,484 —0- 1,754,484 —0- -0- 1,754,484 1,579,036 —0- 1,579,036 175,448 —0— S S 1,754,484 Page