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HomeMy WebLinkAboutResolution - 1221 - Grant Agreement - FAA - Phase II Expanded Terminal Ramp, LIA - 09/23/1982JMS/mck RFgnT.TTTTf1N RESOLUTION 1221 - 9/23/82 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 $835,959.00 for Phase II of expanded terminal ramp, a copy of which Grant Agreement, attached herewith, shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of -'-q �Pm h P. rA 1982. BILL McALIS R, MAYOR ATTEST: F I�Evelyn Gaffga, City Secr APPROVED.AS TO CONTENT: 2& e �f� —0—OZ2 (-2= � Marvin Coffee, Di or of Aviation APPROVED AS TO FORM: o n M. Sherwin, Assistant City Attorney RESOLTUION 1221 - 9/23/82 �-- Page a Y -TREASURER i o� ����s 'DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer 2 3 SEP 1982 Lubbock International Airport/Planning Area Project No. 3-48-0138-01 Contract No. DOT-PA82SW-8709 TO: The City of Lubbock, Texas (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 31, 1981 , for a grant of Federal funds for a project at the Lubbock International Airport/Planning Area together With plans and specifications for such development project, or the planning work definition for such Planning Project, which Project - Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Phase II of: Expand terminal ramp. all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (8-82) t Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," and in consideration of (a) the Sponsorts'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, 90 percentum. This Offer is made on and subject to the following terms and conditions: Standard Conditions 1. The maximum obligation of the United States payable under this offer shall be $ 835,959 which is comprised of:. $ for planning 835,959 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 which are attached to and become a part of this offer. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1982 or such subsequent date as may be prescribed in writing by the FAA. FAA Form 5100-37 PG 2 (8-82) Page 3 of 4 Pages Special Conditions 7. The Sponsor hereby covenants and agrees that it will not advertise for bids, award any contract, or commence any of the construction to be accomplished under this project until it has submitted final plans and specifications and such plans and specifications have been approved by the FAA, and it is further understood that the United States will not make nor be obligated to make any payment for such item of airport development under this Grant Agreement until the Sponsor has submitted such plans and specifications and they have been approved, as herein provided. The Sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before 90 days from the date of this Agreement. 8. The property map, Exhibit "A", dated February 1981, attached herewith, identifies the airport property to which this Grant Offer applies and is hereby incorporated herein: 9. The plans and specifications referred to on Page 1 of this Grant Agreement are the preliminary plans and specifications submitted to the FAA on July 27, 1981, all of which are made a part hereof and incorporated herein by reference. FAA Form 5100-37 PG 3 (8-82) Page 4 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Improvement Act of 1982, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF r2DMIICSTRATIO FEDERAL AV A ION ....... .. (Title) Manager, Albuquerque Airports District Office Part II --Acceptance 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 23rd (SEAL) . Attest: .. sees. City Clerk Title: ........................... day of September , 19 82• The City of Lubbock Texas ............ .. sees . 0 0 0 00 00 0. Of o r r By. '. �..0 .see .0.00000 Mayor Title ............................... CERTIFICATE OF SPONSOR'S ATTORNEY it Joan Sherwin , 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 .Lubbock, Texas this 23rc0ay o Sep ember 1982 • sees. :{n . . .. .............. Titl ��• City At �orney������������ FAA Form 5100-37 ',Last PG (8-82) • Cve F:_ nisi f+c 7-F0:)b e N:uC:lr 13. STATE `e %JMBER FEDERAL ASSISTANCE ' `'`'' o r A►PLICA. TX00402004 T - 1` CANT'SI- TION 1 1. TrPE PREAPPLICATIDN APFLI• !. DATE b. DATE Fear month dov tar sneReh FIE1iT1• IACTION APPLICATION04 CATION )9) 4 FIER ASSIGNED 1980 06 10 (stere! ap. ❑ KOTIFICATION OF IhMST (Opt) proal oprsate :) [:] REPvRT CF FEDf.R,1L ACTION Blank t. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. Nana : City of Lubbock 75-6000590 6• 2 0 • 1110 2 a. Applicant b Orgeaisstion `:nit : Lubbock International Airport C. Straft/P.O. Sas - : Route 3, Box 389 a, NUMBER PRO- GRAM b. TITLE e. city =Lubbock • � ^ Lubbock Wro' 1 I. Stats : Texas c. ZIP Cods: 79401 Fedrra: AIP It, contact Parsan wernr Marvin We Coffee I catalog) a & telephone No.) : 806,/76? -392_R"_ 7. TITLE AND DESCRIPTION OF AFPLICAHT'S PROJECT 18. TYPE OF APPLICANT/RECIPIENT Relocate county road; expand, mark and light A_Stote H -Community Action Agency ian Educational Institution )~-1 higher FStemlat terminal ramp; construct, mark and light ubmto O-co�'a 6-OtAir (S""!r)t connecting taxiway; relocate hangar. [-City 1 F -School District G -Soma Purpoo•E pKti,a Enter appropriate letter lett S. TYPE OF ASSISTANCE A-11asit grant lWasurana "upplementat grant E -Other Enter aynro - AM C -Lan priate hater!.) 10. AREA OF PROJECT IMPACT t..N amrs o1 cities, counties, ESTIMATED NUM. BER OF PERSONS 12. TYPE OF APPLICATION A_Nar C -Revision' E-Augmenution Ill. S.Ctee, etc.) BENEFITING 8-Renwrat pmol Ration Eats; appropriate letter D Lubbock County 250.000 17. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF. 1S. TYPE OF`CHANGE (For Jae or Jar) lA-lacrease Dollars F-Otbtr (Specifr): a. FEDERAL 1 10 _12 1 4T6— W; •• APPLICANT Is. PROJECT "ecrrae Dollars e C -Increase Duration 19 D-Deve,se Duration .. APPIICArrr 24 604•"^ 1 7 E-Cenceliation e STATE r QD ; 16. PROJECT START 17. PROJECT EnterspP+o' DATE )sar+nontA dor DURATION nriate letter(rJ 15 18 JKoneA. d. LOCAL i .001 19 .0-9--l— DA Sear wwath day 19. EXISTING FEDERAL IDENTIFICATION NUMBER St. ESTIMATED ,00 a. OTHER .00 TOO BEU@ n 81 07 31 6-48-0138- f. T07JU Z 11 246 040-m FEDERAL AGENCY► 21. REMARKS ADDED 20. FEDERAL AGENCY TO RECEIVE REQUEST (Name, City, stats, IIP eodt) A DOT/FAA ABQ ADO Albuquerque, NM 87106 p Yes ® No 22• a. To the lest of trey knowledge and belief, b. 11 rs%irod b7 OMB Circular A-95 this sial, licsiea was submitted, pursuant to In. Novo. Ruywwoe •Itarin=houand all realities" m attacked: aporia st1=1 ses data In this prsa)p!rest;ei/spNiat-o" art structures therein. to Wroprists I THE slue and correct. the document list bear. Q D IAPPLICANT duly outhotised by the governing body of (1) South Plains Association of CERTIFIES the cppliant and the sPr!rant ""'eorr.p400 the attached sesurancas It ths etial- w Governments (previously submitted). THAT 10- with Q 0 dna Is approved. t3) ` Z3, a. TYPED NAME AND TITLE b. i1L1tATURf s. DATE SIGNED Year mowth day CERTIFYING ��J REPRE• Marvin W. Coffee Ove 19R► C"1� 31 SENTATIVE Director of Aviation 25. APPLICA- Year mon1A day 24. AGENCY NAME TION RECEIVED 19 2b ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE IL pE E F CATION ATION i0 FEDERAL GRANT 29. ADDRESS IDENTIFICATION u• FUNDING Year s uts9k day 34. Year w+oatA dal 3Z ACTION TAKEN STARTING 0 a. AWARDED a. FEDERAL S .00 33. ACTION DATE ► 29 DATE 19 day JIL CONTACT FOR ADDITIONAL INFORMA• 35. Year aesU O t RFJECTEp b APPLICANT.00 TION (News sad Nleg+Aans number) ENDING 13C. ItMRNED FOR a. STATE J90 DATE It 87. REMARKS ADDED ANEXDMENT d, LOCAL AO D! DEFE" D e. OTHER � - Yss flNo 136, WMDRAw1I00 . 3 I. Tasu s 3L s. on labag above setiea, asp sowments seabed from tarogbouees vera oeR. b. FEDERAL AGENCY A -9S OFFICIAL Is don tadtr p+ripeai na at Mt 1, pat/ C•rselar &46. (Nos" and taleJrAeae se.) adored. It aser+aT rmporoa FEDERAL AGENCY R to Mea car s bring Dada "s wcnaN STANDARD FORM 424 PACE 1 00-75) 424-301 o_.. m d b. Carl. sed.rrJ aree"sono ss Circular yrs DEPARTK ENT OF FEDERAL AVIATION ADM; NISTRA7ION ` PART 11 PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require Stole, regional, or other priority rating? Yes No local, Nome of Governing Body Priority Rating Item 2. Does this assistance request require State, or local Nome of Agency or advisory, educational or health clearances? " Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A•95? No adverse comments. _. X Yes No Item 4. Does this assistance request require State, regional or other planning approval? Yes X No local, Nome of Approving Agency Dote Item 5. Is the proposed project covered by an approved Check one: State comprehensive plan? Local g Regional ^- X Yes No Location of plan Lubbock, Texas Item 6. Will the assistance requested serve a Federal Nome of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Nome of Federal Installation or installation? Location of Federal Land Yes X No Percent of Project Item B. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? . provided. Yea 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 5100 -IDD 16-731 SUPERSEDES r44 roRM 9100.10 PAGES 1 THRU 7 Pas V. DEPAR-r#AENT C2 TRANSPORTATION — FIDERA. AvrATIDN ADI+INISTAATIDN PART 11 • SECTION C 1 • t The Spol,-or hereto% rrpre:,entr• and rertifir, a> folluw,•' ,-. 1, G&mpatihle Land Ubr.-The Spun�r ha, taken the full,/wing actwn> to a�•urr co u•agr'of land •djwrill t1, 1.r n1 the vitinfi of thr airport. �.f Adopted Airport Hazard Zoning Ordinance Adopted Airport Master Plan ,1. I lefault•. 'I hr p�In-lir is not in drfaUll oU am ohllkati,rl tri thr United Stitt,— 1►r am agrrlc% of thr I'nllyd n1rn1 ►rlYtl�"r'tl+ thr drvelupmrrN. HF►rretlUna /►r Ilia+111rllall/ r l/(.81)) •irl►l►rl. eicrpt a• %fated herrwlth: None - 1 1.•J•.•. triltr t. l,.._ihlr I►l.aI►IIIIIr-.- 7 h1•r.• arc ol, L11•t• Ili 1'Ir' 11111•td111r• tllll'I Ullln� the el<1*endin of eflPon n Ili pRlrgil 1r„1 ,•_,1111 •1 agrern►rnt- ur Ilth-'r Ir�el rn•trun►rnt- affrl-tln. u -r /►f t1` \Irp1►rt ur thr enl�trnre u( pending litigation nr other I. 1 which in rra-►1nal►Ir prl►1/ah ltllni►Iti mtrit{rrtl 1�►mitito­il!ril•►f tht. Iry;at 1 r fins Iii I al►aiht�ri r utherM�iut and mPe except alete th efo�lllMar /arra 1/11t t11� Ilnnl.iorl• of Part \ of lhl p1 None a. Land. -4e) 7h/ �l►Iln�lr hold- the f//111,Min� prollrrl� iulrrerl iu thr fu111►wink arra• of lallll wlllCll err t.• I/1 �I11.1111^'1 ,r wed a- part of +►r in t'onnrct/lm wltll th•• AIrIN►rl. all of which area. are itlrntifird un thr af►►rrm1•ntmnrl 11r/►1/1•rt� n1r11 ie-ttnatrd a• Lahil-it "1": exception, tion, encturlhrance, or out - (1) Fee simile title free and clear of ail} F standing interest which would interfere with use of the land's lfaceror thedaforpa-e above it for (A) airport or air navigation purposes, or, such poses, for (B) any other purpose, use or disposition authorized or required by. im Attac-inent N to CmB Circular A-102, to See Attached Exhibit A • �( 2) Easements to : Identify FY e+f� and NUMEER a$ srx)6 : ZTl r_7m1i7iL f1 • ltib additional reference to W'tlbit "A" needed - FAA Fbrm s100-100 (4-776) ASi! M (Jan/79 ) if o9none", so stat Page 3a OMB NO. Od.0 OFPARTMENT OF TRANSPOPTA71U.. — FEDERAL AVIATION ADMINISTRATION PART 11 - SECTION (: (Continued) - lln `pnnror furlbrr ct rtifie- that the aho\e i- ha-, d un a title examination I,% a quahfird attorney or title compan% and t al .oeh .horse\ or title culnl,:►m Int- deternlilled that the Spowl t/r hold• the ahure pruperh interesh:. t of any construction work er (ro '1tht llflill. \.ill a,•quire i ithin a,re`he fullowiillv i-, ae. rra:' j,fut ill jlaii(I un whicht� Itheconrlructinn work i, to be performed. I Project, the fall„\, In_ l,h tln rt\ Illlt rt AI In d a- f xhd ut "A": all of %iiieh area- arc identified on the aforementioned prol,c rt% n►ap de.i,�tate (1) Fee simple title free and clear of any exception, enc=brance, 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 QMB Circular A-102, to * No construction will commence on relocation of the county road until the Sponsor. has acquired Parcel No. 14 as shown on the Exhibit "A". (2) Easemnts to * - None. (c) The Sponsor will acquire within a reasonable tiuu•.:Ind if feasible prior to the-completionich are to of all construction work under. the Project, the billowing prol,crh interest in the followm� arra- of lan�ll of Iwluch areas are identified oed or n the afosed as rementioned sedart of or . connection with the .Airl„/rt a, it will be upon completion of the Project. property map designated as Exhil,it "A": (1) Fee simple title free and clear of any exception, encumbrance, or out- standing interest which would interfere with useor, when sno Monger neededsurface or the for above it for (A) airport or af th ir navigation purposes, such purposes, for (B) any other purpose► use or disposition authorized or requires by Att;„ rhment N to 01 -IB Circular A-102, to N/A (2) Easements to * None. Vii. Exdu.ice Hight- There i• no rrnt of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: 11 3 esti by TR L'T P • NURBER in Exhibit ,A•,. If 'none", so state No additional reference to DdL bit "A" needed. FAA Farm 5100-100 (4-76) _ Page 3b'' ASWW (Jan/79) iii:- ��'•. T R'J- SECTICI: A - Gct:Er^,AL _ • 20. 1. Fedder. o! Domestic Assistance Catalog No............ . -102 AIP [. Fun--iion=: o• Other $•eckout .................. . SECTION E - CALCULATION OF FEDERAL GRANT Usc only to. revisions Tool 1 Cost elass+{+co++on. Lo+esc d AcIV S'n+VW .tl CulL t � i.�1oLn• o. t_: 1 t S S 12,000 S ' 1. Acmmistration expense -0- 2. Preiirninary expense I I -0 3. Lang s'iuct:aes, right of 1~ay 500,360 4. Architectural engineetinb basic fees _ -0- Othe; archite.tura' engineering fees 420 000• I- G. Project inspe;.tion fees _ I -0- 7. Land development -0- S. Re:oca ran Expenses -0- o �iei,c�;ren paym.nts to Incrvicuals ant- 5eslnesses -0- t 10. Denneli!ton and iemova4 $, 459,340 l 11. a-ld p*lect improvement I -0- - 12. E�-ji;l.,.en' -0- 13. 9,391,700 • 1 � t f Lt.,e, j thr..�r 13! -0- i5. Esu,.,ate4Income (it applicable) j 9 391,700 lo. tie. Prolect Amount (Line 14 rr:inra 15) I -o- i 17. Less: Ineil ible ExclUsiOnS 1854 340 18. Add Contingencies 246 040 15. Total Project A-d. (Excluding Rehabilitation Grata) I 10,12143E 2r, Fed-2t;e Sha:e re;:_es:es of Line 15 21. Add Rehabilitation Grants Requested (100 Percent) 10,121,43( 22. Total Federal grant requested (Lines 20 8 21) 1 124 60, Z3. Gtaa:ee s`zre ' r I _ _ 0 24. Oiler shores 3 S 11.246.04 i 25. Tota' project (Lines27-23 fs 24) S PC ALJ► Fom 5100.100 16 737 SUPERSEDES FAA FDRM f100-10 PAGES I THRU 7 DEc,A='HENT OF TFAKSPOF.71.TIO,� • FEDERAL AVIATION ADV'WSTRATION SECTION C — EXCLUSIONS a Ineligible for Eacluded from Classification Participation Contingency Fro. %,o- r 2; None. s s Totals S 's 4 SECTION D : PROPOSED METHOD OF FINANCING NON-FEDERAL�SHARE 27. Grantee Share S a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds 1, 124, 6 04 e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL —Grantee share 1,124,604 2F. Other Shares a. State b. other -0- c. Total Other Shares 29. TOTAL S 1-124,604 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach — See (nStrUC1 FNA Foran 5100-100 ifs -731 SUPERSEDE'_ FAA FORM. 5100-10 PAGES 1 T04RU 7 — --- ---- Page PART V ASSURANCES These assurances are to be attached to and become a part of this grant agreement. For airport 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. For planning projects, only assurances no. 1 (as marked), 2, 3, 4, 16, 25, 26, 30, 31,.and 32 appply,.unless otherwise specified in the grant agreement. The sponsor hereby assures and certifies, with respect to this grant 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 a 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 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. * FAA Form 5100-100 (8-82) Page 6 b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. ! c. 49 CFR Part 27 - Non -Discrimination on the Basis of Handicap in Programs and Activities Receiving -or Benefitting 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). s . e. 14 CFR Part 150 - Airport Noise Compatibility Planning. e Office of Management and Budget Circulars a. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects. e b. A-102 - Uniform Requirements for Assistance to State and Local Governments. e c. FMC -74-4 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. e Executive Orders a. 11246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting. e b. 11593 - Historic Preservation. c. 11288 - Prevention, Control and Abatement of Water Pollution. d. 11926 - Evaluation of Flood Hazards. Specific assurances required to be included in grant agreements by any of the above are incorporated by reference in this grant agreement. Items marked with (s) apply to both development and planning•grants. 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. FAA Form 5100-100 (8-82) Page 7 k. 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 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 Airport. 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. $. 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. 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 FAA Form.5100-100 (8-82) Page 8 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 -based operator at any airport 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 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 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 same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. 10. Exclusive Rights. It will permit no exclusive right for the use of The airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: (1) It would be unreasonably costly, burdensome, FAA Form 5100-100 (8-82) Page 9 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. 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. 12. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 13. Compatible Land Use. It will take appropriate action, including the. adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate .vicinity of the airport to activities and purposes compatible with normal airport operations,- including perations,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 FAA Form 5100-100 (8-82) Page 10 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 water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four 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 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, except that no part of the Federal share of an airport development or airport planning project for which a grant is made under this title or under the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges.for users of that airport. 18.. Reports and Inspections. It will submit to the Secretary such annual or special airport financial and operations 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 it is a public airport, for the capital or operating costs of the airport, the local airport system, or other local facilities which are owned or 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 operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all other revenues generated by the airport shall not apply. FAA Form 5100-100 (8-82) Page 11 20. Consultation with Users. In making a decision to undertake any airport development project under this title, it shall 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 shall subject the construction work on any project for airport development contained in an approved. project grant application to inspection and approval by the Secretary before the project is advertised 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. 23. Minimum Mage 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 shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 24. Veterans Preference. It shall include, in all contracts for work under project -grants for airport development which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(e)(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 shall 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 FAA Form 5100-100 (8-82) Page 12 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 records of the recipient that are pertinent to grants received under this title. The Secretary may require that an appropriate audit be conducted by a recipient. 26. Audit Reports. In any case in which an independent audit is made of the accounts of a sponsor 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 shall file a certified copy of such audit with the Comptroller General of the United States not later than six 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 benefitting from funds received from this grant. 26. 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 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 piaci 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. 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 interefere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. FAA Form 5100-100 (6-82) Page 13 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. 31. Planning ProJecta. In carrying out planning projects, that: a. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning . work activities. b. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a planning grant provided by the Secretary. c. It will make such.material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. d. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material, prepared in connection with this grant. e. It will grant the the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. f. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. g. It understands and agrees that the Secretary approval of this project grant or the Secretary approval of any planning material developed as part of this grant does not constitute or imply any assurance or committment on the part of the Secretary to approve any pending or future application for Federal airport grant. FAA Form 5100-100 (8-82) Page 14 • r 0 .The following special assurances are added to Part V Assurances attached to this Offer: 32. 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 July.31, 1981 , 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." Page 15 ADDENDUM TO PART V ASSURANCES The following text is added to the assurances as numbered: Add to Assurance 1. General Federal Requirements, under Federal Legislation: "p. Powerplant and Industrial Fuel Use Act of 1978 - Section 403." Add to Assurance 9. Economic Nondiscrimination: "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 pro- hibit 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." Add to Assurance 10. Exclusive Rights: "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 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 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 ter- minate 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..Aet."_ Add to Assurance 11. Airport Operation and Maintenance: "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 maintenance and operation, the airport and all facilities which are necessary to serve the aeronautical users of the airport other than facilities owned and contrplled 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 FAA Form 5100-100 (8-82) Page 16 aeronautical uses 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 circumstance beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in effect at all times arrangements for- a. Operating the airport's aeronautical facilities whenever required; b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and c. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Add to Assurance 29. Preserving Airport Rights and Powers. "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 insure that the airport will be operated and maintained in accordance with the Act, the regulations and these covenants. Delete from Assurance 22. Construction Inspection and Approval. a ... before the project is advertised ... FAA Form 5100-100 (8-82) Page 17 SECTION 1`7 IN. Ku D I t > ypirNEA COR[l7l.r fL'Ct1`0lI 43,4. ROCR A I i i + I I 1 r[RCN [ I SECTION a 1 ' rlr3CR O�i BLOCK O e I I I I X I G w w A ------------------------ xtLOGI Oe-__-- - OYLN_13A[20 - - X.:.MOCN r ♦♦ CENT[Plini OF CR AI'Ig ATIIt3XT 1 n wAT[RI [Ra[J<Ni'u,' r rot 1 `11`41 is tta.07 —� III sw3Yov• iw-- t so -ss oT I I Xi 1 KGTWM o I 1[I3 KDQ O'. I al 03 I N I 1 I I i a[C� Z :Seth ON O 3 KCT101! 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Rr3+ar n lArtt[[ATt �.', Nis so' Noll Tt I'I ,&^ NOWOCT'W X*,T'Y Nf•]t'gfFw L+lalu'1 'RII'x['QO`W Rn4'lfr I n s4T.06 R rsais"w 30037' ^�ii.rs \ �aor a I�NOW. x I 3gwTN 3+41 I 1`I -Rym X/ij N iN.N L ' NVID 36 f V111 10R I al q[r+s re a x1 so .rjVri['[ IOXtO NUWN 30� �_wqN _ �LL tl7Y4+WV R]A3Y NY3l41a'W���JtOLAC��. r+ErT O.Or N T+313C i K 10a PL ASIMI- M---- [___=r__ �_.._.._________________ >7r[X7[Od'W f7ti INTLRaI+t[ IX , :rWtRTX - .T _ WrHwy 'Iwi+ �TO 1Wr60 ON nEXTW Wtt + KCTIOR» K'crNwsX ; KETONn + net*" r LUBBOCK INTERN I r40ER A ;LDEk l , BLOC{ A , rlOCa 41 EXHIBIT 4 soa s}O .404 fA «KNHiu.—AI L irocaSM Fi GRAPHIC SCALE 2 3 SEP 1982 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION The Honorable Bill McAlister Mayor, City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Mayor McAlister: 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 offer must be accepted on or before September 30, 1982. Sincerely, BILL J. HOWARD Manager, Airports District Office Enclosure /L_C U /.2 -: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 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 Nod 3-48-0138-01 (hereinafter roferred 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 (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. S. 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. Attachments 1 and 2 The City of Lubbock, Texas sor ) r ' By ✓ (Signature of Authorized Official) Page 2 CONTRACTOR CONTRACTUAL RE4UIREMENTS ATTACHMENT 1 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 subcon- tractors, 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 nego- tiation 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 con- tractor's obligations 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 informa- tion 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. S. 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 -- Page 1 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 pro- curements 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 subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter Into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Attachment 1, Page 2 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 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") 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.