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HomeMy WebLinkAboutResolution - 1619 - Grant Agreement - FAA - Snow Removal Equipment, LIA - 03/22/1984MG:js 7�'�Il�IiitlT�l RESOLUTION 1619 - 3/22/84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement between the City of Lubbock and the United States of America, acting through the Federal Aviation Administration for a grant in the amount of $248,601.00 for the purchase of snow removal equipment (2 snow trucks), a copy of such Grant Agreement, attached herewith, 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 22nd day of March , 1984. - /-. Z-�3L TLAWHEINRY9 MAYO ATTEST: elyn Gaf a, City SJKcr -Treasurer APPROVED AS TO CONTENT: Marvin Coffee, for of Aviation APPROVED AS TO FORM: Mic ele Glisar, Assistant City Attorney 06), RESOLUTION: 1619 - 3/22/84 r,!Tv ,�CRFTARv-TREASURER Page 1 of 1 pages GRANT AGREEMENT s_ FOR DEVELOPMENT PROJECT U.S. Department otTmnsportabon Part 1 -Offer Fedefat Avkztion 6 6M W4 AdmlNstration Date of Offer: Airport: Lubbock International Project No. 3-48-0138-03 Contract No. DOT-FA84SW-8225 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 February 8, 1984 , for a grant of Federal funds for a project for development of the Lubbock International 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: Acquire snow removal equipment (2 snow trucks). 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 2 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 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 costs. 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 $ 248,601 which is comprised of: $ 248,601 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 regulations 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 shall 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 such regulations and.procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances of the Application for.Federal_Assistance whichis 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 6n or before May 1, 1984, 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 Map, Exhibit A, attached to the Grant Agreement for Project Ao. 1-48-0138-02, FAA Form 5100-37 (11-82) Development Page 3 of 3 Pages Special Conditions 8. The specifications referred to on Page 1 of this Grant Agreement are the specifications submitted to the FAA on October 25, 1983 The following special 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 February 8, 1984 , 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. Furthermore, the responsibility for paying the cost of relocating any facilities located in such cost free areas shall be made in accordance with Advisory Circular 150/5300-7B, "FAA Policy On Facility Relocations Occasioned by Airport Improvements or Changes." FAA Form 5100-37 (11-82) Development 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 19829 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 shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA TION (Title) Manager, Albuquerque Airpor Part II - Acceptance District Office The Sponsor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of MAR 2 21984 , 19 . ;.he. Cj tY. Q . �jupbAP ... �p�pP...... e of S nsor) ......0000.. (SEAL) Ma or itle 0 0 0 0 �..... sea* . 0 0 0 0 9 0 0 0 0 0 .. 0.. Attest: . ... 0000. City Clerk Title: ........................... CERTIFICATE OF SPONSOR'S ATTORNEY I, t -fl 1 f,le 6-11,50r- , acting as Attorney for the Sponsor do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly 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 yday 0000 sees 0009. CiyAttorney ........................... FAA Form 5100-37 (11-82) Development OMB Approval No. 29-R0218 • FEDERAL ASSISTANCE a a. NUMBER 3. STATE APPLICA- a. KUUBER CANTS APPLI- LIA-1983-1 TION IDENTI- 1. TYPE ❑ REAPPLICATION 6. DATE _ onthFIER m2 b. DATE Year month day ACTION APPLICATION CATION $day 1984 ASSIGNED 19 I.eaye (Afar ❑ NOTIFIWION OF INTEf3T (Opt.) boz) ❑ REPORT OF FEDERAL. ACTION Blank 4. LEGAL APPLICANT/RECIPIENT S. FEDERAL EMPLOYER IDENTIFICATION NO. a. ApplicantMrne : Cit, of L•ubbotk b. Organization Unit : Lubbock International Airport c. Stroet/P.O. Bu : Route 3, Box 389 PRD. a. NUMBER 12 0 e 1 0� b' Tt)LE d. city Lubbock ., �„nq, Lubbock GRAM f. State Texas g. ZIP Code: 79401 (From Federal 6. contact Person (Name Marvin Coffee catalog) AIP & telephone No.) 806 762-3695 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT L TYPE OF APPLICANT/RECIPIENT A -State H-Communib Action Agency Acquire snow removal equipment 8 -Intestate I- -= E ucetlonat Institution C-Substete I- be District K- tber (Specify) r D-oUnty (2 - snow trucks) E-City F-Schooi District G-SFF,cI I Purpxo DFetdct Enter appropriate ktter D 9. TYPE OF ASSISTANCE A -Basic Grant 04asurance B4upplerrental Grant E-0thcr Enter appro- C-Loan priate ktter(e) IMPACT 11. ESTIMATED NUM- 12. TYPE OF APPLICATION 10. AREA OF PROJECT (Na7ries of cities, counties. Stat", etc.) BER OF PERSONS A -New C -Revision E-Aulmentation BENEFITING . B -Renewal D-Continuatiost Sister appropriate letter E Lubbock County 250, 000 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For tic or Its) a. FEDERAL i 248.602 .00 a. APPLICA.YT b. PROJECT A -increase Dollars, F -Other (Specify) s B-Deuexse Dollars b. APPLICANT 27,622 o0 19 19 C -Increase Duration D-Drcrease Duration e STATE QO 36. PROJECT START DATE Year month day 17. PROJECT DURATION E -Cancellation Esxter9ILM FM d. LOCAL .00 19 84 2 15 1 Months priate ktterfe) a. OTHER ,00 18. ESTIMATED DATE TO Year month day 19. EXISTING FEDERAL IDENTIFICATION NUMBER BE SUBMITTED TO i FEDERAL AGENCY P- 19 84 2 10 3-48-0138-03-8 f. TOTAL i 276,224 .00 20. FEDERAL AGENCY TO RECEIVE REQUEST (Name. City, Stale, ZIP code) 1 21. REMARKS ADDED DOT FAA ABO ADO Albuquerque. New Mexico 87106 ® Yes 0 No 22. s. 7o the best of nay knowiedgo and 6e!tO. Is. If rroeqquired by OK.B Circular A-95 this application was submitted, pursuant to In- No re- Response therein, to and ail responses am attached: apoaae attached R data In this pra pplicetiee/apptiatlon aro struetions appropriate clearinghouses THE true and correct, the document has been aE APPLICANT duly authorized by the governing body of (x) NA 11 El CERTIFIES the applicant and the epplixnt will amply 00 THAT (lr ralth the attached assurances If the assist- once is apprared. CJ) 11 ❑ 23, a. TYPED N c AND TITLE b. SIGNATURE r- DATE SIGNED CERTIFYING Marvin W. Coffee Year month day REPRE- SENTATIVE Director of Aviation w 19 84 2 8 24. AGENCY NAME 25. APPLICA- Year month day TION RECEIVED 19 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 28. FEDERAL APPLICATION IDENTIFICATION 29. ADDRESS 30. FEDEIDENFL GRANT 31. ACTION TAKEN 32. FUNDING Year month day 34. Year month day s STARTING a. FEDERAL S .00 -s 0 a. AWARDED $3. ACTION DATE► 19 DATE 19 b. APPLitMtNT .00 35' OFOR ADDITIONAL INFORMA- TOT �m dp e 3& Year month dair ENDING 0 6. REJECTED c. STATE •00 13 s" RETURNED FOR DATE 19 d. LOCAL .00 37. REMARKS ADDED A.UENDidENT g 13 Q. DEFERRED it. OTHER .00 0 u. WITHDRAWN 0 Yes ONO f. TOTAL 5 .00 38, a. In taldag abom action,atpr comments maWod from clearinghouses aram con- b. FEDERAL AGENCY A-95 OFFICIAL sidamd. H ageneY raaponso k due under provisions of Fait 1. 0 Circular A-05. (Name and telephone so.) FEDERAL AGENCY it has been or Is being made. A-95 ACTION Proscribed by liSd. Fsdarat RZ%4VP DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 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 advisory, educational or health clearances? Name of Agency or 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 comprehensive plan? Yes X Check one: State Local Regional No Location of plan — n n 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 OMS NO. !D -Rote Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes X No Forms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. ' Yes X No FAA Form Sloo -loo (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page: DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.04-RO209 PART tI - SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Adopted Airport Hazard.Ordinance Adopted Airport: Master Plan 2. Defaults.—The Sponsor is not in default on *any obligation ter the United States or any agency of the United States Govern- ment relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and 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 fo�lows: NONE 4. Land.—(a) The 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, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Fee simple title free and clear of any exception, encumbrance, or outstanding 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 *State character of property interest in' each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land- need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 t4aey page 3a DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION Orme NO. 04-RO209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on .a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The 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 be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NA (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 property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NA 5. Exclusive Rights. There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests Of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers -shown on the property map. FAA Form 5100-100 (4-76) Page 3b DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION -- PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No ............. 20.106 2. Functional or Other Breakout .................... SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ S 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 and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 276,224 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 276,224 20. Federal Share requested of Line 19 248,602 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 248,602 23. Grantee share 27,622 24. Other shares 25. Total project (Lines 22, 23 & 24) S $ S 276,224 FAA Form 5100-100 W 73) SUPERSEDES FAA FORM $100-10 PAGES 1 THRU 7 Pool DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATIONADMINISTRATION SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation 1 Excluded from Contingency Provision 2 aO NONE $ $ b. c_ d- e. f. g, Totals $ $ SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) 27,622 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL —Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 27,622 SECTION E — REMARKS NONE PART IV PROGRAM NARRATIVE Attach — See Instructions FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page ! U •+ PART IV PROGRAM NARRATIVE The objective of this project is to acquire two large snow trucks with wide plow blades, underbody scraper blades and urea/sand spreader to provide snow/ice removal commensurate with the size of the airport in the most efficient means available. This equipment is planned to be incorporated into the Airport snow and ice removal operation to clear long expanses of run- ways, parallel taxiways, and aircraft parking ramps in a much more rapid time than the existing smaller units can provide. The positive impact of this equipment is a reduction in the amount of time the airfield surfaces are out of service for clearing and increasing their availability for aircraft operations. By providing a much faster means of removal, more time will be available for clearing snow rolls and intersections to increase the overall safety posture of the airfield. Ll Page 5(a) 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, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the project. 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 g. 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 Noise 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 Veterans 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 e. 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 of 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 6 official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 5. Good Title to Airvort. It holds 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. 8. 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 (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 facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any 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 shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -base operators making the same or similar uses. of such airport utilizing the same or similar facilities, 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 the airport to serve any air carrier at such airport, and (D) that in any agreement, contract, lease or other arrangement r 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, 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. (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 from performing any services on its own aircraft with its own employees (including, but not limited to maintenance 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 awe conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. Provided, that 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; 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 ao 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 FILL Form 5100-100 (11-62) Development Page 7 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. 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'a 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 restrictthe 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 Government 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. 15. Land for Federal Facilities. It will furnish without cost to the Federal Government for construction, operation and maintenance of facilities for, and uses 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 hater, or estate therein, or rights in buildings of the sponsor to 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 within 4 months after receipt of written requests from the Secretary. 16. Standard Accounting 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 whieb Vill 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, 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 1470 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. FAA Form 5100-100 (11-82) Development r Page B 18. Reports and Inspections. It will submit to the Secretary such annual or special airport financial and opera- tions reports as the Secretary may reasonably request and will 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. 19. Airport Revenue. It will expend all revenues generated by the airport, if 1t 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 operated 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 operat6r'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 has 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 Inspection 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 coat and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 23. Minimum Nage Rates. It will include, in all contracts in excess of $2,000 for work on projects for airport development approved under this title 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 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 in 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 relates. 25. Audits and Recordkeeping Requirements. It will keep such records as the Secretary may prescribe, including records which fully disclose the amount and the disposition by the recipient 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 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 recordar of the recipient that are pertinent to granth 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 relating to the disposition of the proceeds of a grant or relating to the plan or program in connection with which 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 was made. 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 excluded 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 tim®a 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 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 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 pian. 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. 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 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 contractor's 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) STANDARD DOT TITLE VI ASSURANCES The Citv 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 seq.) 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. 3-48-0138-03-84 (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 notifica%ion 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 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 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. S. 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 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. G. 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 thepurpose 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 2-8-84 Attachments 1 and 2 The City of Lubbock, Texas' (Sponsor) By (Sig ature of Authorized icial) Page 2 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS'OR SIMILAR INSTRUMENTS ATTACHMENT 2 to STANDARD DOT TITLE VI ASSUPANCES 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 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") thats (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) .Y. LIGINX3 IT JAW: