HomeMy WebLinkAbout89-97 RESOLUTION SCANNED
RESOLUTION NO. 8 9-9 7
A RESOLUTION AWARDING BID NO. 97-48 FOR A BASE BID
AMOUNT, WITH ADJUSTMENTS, OF $286,377 TO
EMERGENCY ONE, INC. FOR THE PURCHASE OF A
AIRCRAFT RESCUE AND FIREFIGHTING VEHICLE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. The City Council hereby awards Bid No. 97-48 for a base bid amount, with
adjustments, of $286,377 to Emergency One, Inc., for the purchase of a aircraft rescue and
firefighting vehicle; and authorizes the Mayor and City Clerk to execute a contract for said amount.
A copy of the contract and bid tabulation is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this 16th day of September , 1997.
• , '- Ti
/� . • t•\� , ! APPROVED:
`
,%/414-e.---
s " .': I , j` ' ; red Hanna, Mayor
ATT
By:
Traci Paul, City Clerk
5
,44
SEP-04-97 THU 03:53 PM FAYETTEVILLE MUNC AIRPRT FAX NO. 5015211735 P. 02
EXHIBIT A
BID#97-48
AIRCRAFT RESCUE AND FIRE FICHTINC VEHICLE
FAYETTEVXLLE MUNICIPAL AIRPORT
This agreement made the S ay of 1O__ _,1997, by and between Emergency One Inc.
hereinafter called "Contractor"and the City of Fayetteville,Arkansas,hereinafter called the"City" shall
be utilized to provide the following services:
The Contractor hereby agrees to provide all necessary equipment, materials and incidental items,
and all labor required to accomplish every detail in the purchase of one(1)Aircraft Rescue and Fire
Fighting Vehicle for the Fayetteville Municipal Airport in accordance with the bid documents and
specifications and attachments(Bid#97-48), attached hereto and made a part hereof in their entirety.
For this work, at total amount"not to exceed"S 286_377.0o was bid. This project is to be considered a
"turn key"job and shall include all items as provisions set forth in the bid specifications and
attachments.
DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in
default of his/her contract and such default will be considered as cause for the CITY to terminate the
contract for any of the following reasons if the Contractor:
a. Fails to begin the work under the contract within the time specified in the"Notice to
Proceed," or
b. Fails to perform the work or fails to provide sufficient workers,equipment or materials to
assure completion of work in accordance with the terms of the contract,or
c. Performs the work unsuitable or
d. Discontinues the prosecution of the project, or
e. Becomes insolvent or is declared bankrupt,or commits any act of bankruptcy or
SEP-04-97 THU X3:54 PM FAYETTEVILLE MUNC AIRPRT FAX NO. 5015211735 P. 03
insolvency,or
f. Allows any final judgment to stand against him unsatisfied for a period of 10 days,or
g. Makes an assignment for the benefit of creditors,or
h. For any other cause whatsoever,fails to carry out the delivery of equipment in an
acceptable manner.
Should the City consider the Contractor in default of the contract for any reason hereinbefore, he
shall immediately give written notice to the Contractor in default and the owner's intentions to terminate
the contract.
If the Contractor(or surety),within a period of 10 days after such notice,does not proceed in
accordance therewith,then the owner will,upon written notification from the City of the facts of such
delay,neglect,or default and the Contractor's failure to comply with such notice,have full power and
authority without violating the contract,to take the prosecution of the work out of the hands of the
Contractor. The owner may appropriate or use Any or all materials and equipment that have been
mobilized for use in the work and are acceptable and may enter into an agreement for the completion of
said contract according to the terms and provisions thereof, or use such other methods as in the opinion
of the City will be required for the completion of said contract in an acceptable manner.
All costs and charges incurred by the City,together with the cost of completing the work under
contract,will be deducted from any monies due or which may become due to the Contractor. If such
expense exceeds the sum which would have been payable under the contract,then the Contractor and
(the surety if applicable) shall be liable and shall pay to the owner the amount of such excess.
TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or
portion thereof by written notice when the Contractor is prevented from proceeding with the contract as
a direct result of an Executive Order of the President with respect to the prosecution of war or in the
SEP-04-97 THU 03:55 PM FAYETTEVILLE MUNC AIRPRT FAX NO. 5015211735 P. 04
•
interest of national defense.
When the contract,or any portion thereof,is terminated before completion of all items of work in
the contract,payment will be made for the actual number of units or items of work completed at the
contract price or.lfi mriLunlly ngrr ti for ROOM of work partiolly tnmpletwd or not parted. When
purchase of equipment is involved,no payment shall be due the contractor unless the equipment which
was bid is delivered and accepted by the City. No payment for incomplete or equipment not delivered
and accepted shall be made. No claims or loss of anticipated profits shall be considered.
Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her
responsibilities for the completed work nor shall it relieve his/her surety(if applicable)of its obligation for
and concerning any Just claim arising out of the work performed.
The delivery date shall coincide with the number of days stated in the bid documents( 180 days)
which were submitted as a part of the bid.
A fully executed performance/payment bond will be furnished by contractor guaranteeing the
performance of the work and the payment of all legal debts that may be incurred by reason of the
contractor's performance of Me work.
Upon delivery and acceptance of the equipment,a single lump sum payment will be made to the
contractor by the City for the total amount of the contract within 45 days of equipment acceptance.
Emergency ONe, Inc.
CONTR ACTOR:
ATTEST: James J. Weigle Jr. .
I pR F. AYE LE: M g a r
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STAFF REVIEW FORM
AGENDA REQUEST
CONTRACT REVIEW
X GRANT REVIEW
For the Fayetteville City Council meeting of N/A
FROM:
Dale Frederick Airport General Gvmt,
Name Division Department
ACTION REQUIRED: Request review and approval of a grant offer from the Federal Aviation Administration
which will partially fund(90%)the purchase of an Aircraft Rescue and Firefighting Vehicle. On September 16, 1997
the City Council awarded the contract to Emergency-One and gave the mayor authorization to accept the grant upon
its arrival. This grant must be signed by the Mayor and City Attorney as soon as possible in order to meet the FAA's
deadline of September 30, 1997. Please insure that the date of the city attorney's signature does not precede the date
of the Mayor's signature. Please return the original to the Airport.
COST TO CITY:
$ 259.539.00 (revenue) $ 900.000.00 Federal Grant Matches(revenue)
Cost of this Request Category/Project Budget Category/Project Name
5550-0955-6820,23 $ 13.133.00 Capital
Account Number Funds used to date Program Name
97053.0001 $ 886.867.00 Airport
Project Number Remaining Balance Fund
BUDGET REVIEW: X Budgeted Item _ Budget Adjustment Attached
Budget Coordinator Administrative Services Director
, CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
anager pate Coor inator ,Date
IDate I ernal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends Approval
by
Division Head Date Cross Reference
Department Director Date New Item: Yes No
Prey Ord/Res#:
Ad .str 'v Services Director D to.
Orig Cont. Date:
M or Date
STAFF REVIEW FORM Page 2
Description Review and approval of a grant offer from the FAA
Meeting Date N/A
Comments:
Budget Coordinator Reference Comments:
Accounting Manager Reference Comments:
City Attorney Reference Comments:
Purchasing Officer Reference Comments:
ADA Coordinator Reference Comments:
Internal Auditor Reference Comments:
FAYETTEVILLE .
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
TO: Fred Hanna, Mayor
FROM: Dale Frederick, Airport Manager f.�,a„wjulG-yz
�I
DATE: September 22, 1997
SUBJECT: Review and approval of a grant agreement with the Federal Aviation
Administration for the purchase of an Aircraft Rescue and Firefighting Vehicle.
A grant offer has been received from the FAA which will partially fund(90%) the purchase of an
Aircraft Rescue and Firefighting Vehicle. On September 16, 1997 the City Council awarded the
contract to Emergency-One and gave the mayor authorization to accept the grant upon its arrival.
This grant must be accepted by the Mayor and City Attorney as soon as possible in order to meet the
FAA's deadline of September 30, 1997. Please insure that the date of the city attorney's signature
does not precede the date of the Mayor's signature.
Please return the original to the Airport.
Staff recommends approval.
Attachment: Staff review form
Grant offer
Resolution 89-97
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
RESOLUTION NO. 89-9 7
A RESOLUTION AWARDING BID NO. 97-48 FOR A BASE BID
AMOUNT, WITH ADJUSTMENTS, OF $286,377 TO
EMERGENCY ONE, INC. FOR THE PURCHASE OF A
AIRCRAFT RESCUE AND FIREFIGHTING VEHICLE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. The City Council hereby awards Bid No. 97-48 for a base bid amount, with
adjustments, of $286,377 to Emergency One, Inc., for the purchase of a aircraft rescue and
firefighting vehicle; and authorizes the Mayor and City Clerk to execute a contract for said amount.
A copy of the contract and bid tabulation is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this 16th day of September , 1997.
APPROVED:
By:
l.Li'44 2Le.-_,
red Hanna, Mayor
ATTEST:By: C��� . VL'
Traci Paul, City Clerk
1
•
U.S.Department Southwest Region Fort Worth,Texas 76193-0000
of Transportation Arkansas. Louisiana
New Mexico. Oklahoma,
Federal Aviation Texas
Administration
September 16, 1997
The Honorable Fred Hanna, Mayor
City of Fayetteville
Fayetteville, AR. 72701
Dear Mayor Hanna:
Enclosed are the original and two copies of the Grant Offer for AIP Project
No. 3-05-0020-2397 at Fayetteville Municipal Airport, Fayetteville, AR.
After the Grant Offer has been accepted and executed, please return the original via overnight
mail to 2601 Meacham Boulevard, Fort Worth, TX 76137-4298. The copy is for your files.
Please insure that the date of the attorney's signature does not precede the date of acceptance
of the grant. Please note Condition 6 on page 2 which requires acceptance of the Grant Offer
on or before September 30, 1997.
The current Sponsor's Assurances are incorporated in this Grant Agreement. We direct your
attention to Assurance No. 25, "Airport Revenue." By acceptance of this grant offer, you are
assuring the Federal Government that all airport revenues are being used only for airport
purposes or other transportation purposes identified in this assurance. This applies to
aeronautical lease revenue as well as non aviation uses of airport property, such as industrial,
recreational, or agricultural.
If you have any questions about the applicability of this provision, please contact your
Arkansas/Louisiana ADO program manager.
Sinc rely,
Fay S. Nedderman
Manager, Arkansas/Louisiana Airport
Development Office
Enclosures
•
ea) GRANT AGREEMENT
U.S. Department
of Transportation
FOR DEVELOPMENT PROJECT
Federal Aviation
Administration
PART I-OFFER
Date of Offer: September 15, 1997 Project No. 3-05-0020-2397
Airport: Fayetteville Municipal Airport Contract No. 97 SW-8006
TO: City of Fayetteville,AR
(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 September 9, 1997, for a grant of Federal funds for a project for development of
the Fayetteville Municipal Airport Airport (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby
incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project")
consisting of the following-described airport development:
Acquire 1500-Gallon Aircraft Rescue & Firefighting Vehicle
all as more particularly described in the property map and plans and specifications incorporated in the said
Application for Federal Assistance.
FAA Form 5100-37(10-89)Development or Noise Program Page 1 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United
States Code, herein called "Title 49 U.S.C.," and in consideration of(a) the Sponsor's adoption and
ratification of the representations and assurances contained in said Project Application and its acceptance of
this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be$$259,539.
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 Title 49 U.S.C.
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 carry out and complete the Project without undue delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe,and agrees to comply with the assurances which were made part of the
project application.
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, 1997, or such subsequent date as may be prescribed in writing by
the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or
in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been
expended. For the purposes of this grant agreement, the term "Federal funds" means funds; however, used or disbursed by the
sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share,
including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be
incident to,compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
10. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the
Application for Federal Assistance attached hereto.
FAA Form 5100-37(10-89)Development or Noise Program Page 2 of 5 Pages
1 1. It is mutually understood and agreed that if,during the life of the project,the FAA determines that the grant amount
exceeds the expected needs of the sponsor by$5,000 or five(5%)percent,whichever is greater,the grant amount can be
unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible
project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%)percent
limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters,the
maximum obligation of the United States is adjusted to the amount specified.
12. If a letter of credit is to be used,the sponsor agrees to request cash drawdowns on the authorized letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to
adhere to this provision may cause the letter of credit to be revoked.
13. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as
Sponsor Project No. 97053.0001; Account No. 5550 3960 7820.23;Bid No. 97-48.
FAA Form 5100-37(10-89)Development or Noise Program Page 3 of 5 Pages
PART II - ACCEPTANCE
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the
contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of
the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement
shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Faye S. e derman, Manager
AR Airport Development Office
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Project Application.
Executed this 2-3 k' - day of SEpTEM 13Ec' , 19 c 7 .
City of Fayetteville, AR
(Name of Sponsor)
By:
(SEAL) (Sponsor's Designated Official Representative)
Title: MA\/OW
Attest: ,/(j itft-2,0
Title: CI TV Gl i=
FAA Form 5100-37(10-89)Development or Noise Program Page 4 of 5 Pages
CERTIFICATE OF SPONSOR'S ATTORNEY
I, La Ca,/ L a y , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of A(2 K/41 1-' S . Further, I have examined the foregoing Grant
Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by
said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is
in all respects due and proper and in accordance with the laws of the said State and Title 49 U.S.C. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no
legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said
Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
•
Dated at G • 7 this ?--) day of �-Cr � ,19 � .
r
(Signatu �o Sponsoor ey)
FAA Fonn 5100-37(10-89)Development or Noise Program Page 5 of 5 Pages
APPLICATION FOR QUOA�revelMo,Q3y-0Ga3
7.DATE SUBMITTED ADpllcenl identifier
FEDERAL ASSISTANCE
•
I. ME OP SUBMISSION? S.DATE RECEIVED IT STAR
Application Prsapplication StateAppllcsti0n Idgn1rlisr
0 Construction O Construction
`C
a,DATE RECEIVED IV FEDERAL ADEN'Y poop*wimp's., ___'
0 Non-Qanatruetten O Non-0onatruetlon C. -/ • ''7
S. APPLICANT INFORMATION 1 ' 21- >Legal Name: ___„
city of Fayetteville, Arkansas PrciAtriutcSALl°t1'
Address(pies ciN,roomy,slats,and rip coos,: Name and telephone numb*,of the person to be contacted on matters involving
Fayetteville Municipal Airport ths■pprioati0n Solve Wee code)
4500 South School Avenue, Suite F Dale Frederick
r Fayetteville, AR 72701 Airport Manager
(501) 521-4750
S, EMPLOYER IDENTIFICATION NUMBER(FIN): 1. TYPE OP APPUCAN:(*mar aporomrie►s h►ar in bor) U
7 ' 1 "' 6 I 0 I 1 18 14 16 n A, State H.Ind•D.n0en1 Scheel Ohm
• pry I. Stele Controlled Matilv Ien Of Higher Learning
I. TYPE OP APPLICATION? C. Mtmlclpsl J. Prime Unhmeiry
D. Township K. Indian Tnbe
$x New [3 Continuation O Revision E. hxeretel* L. Individual
F. Inlermunielpel M.Profit Organization
R Revielen,enter ep0reprlete letter(1)ift Ordeal: 0 0 G.Special Distriet N.Open(SCACIII)!
A.InUenae Award 8.DeerSIsa Award C.Inereeae Duration
D.Dact•sea DUr•tlwn Other ITpetrry/; a. NAM!OF fEDIRAL AGENCY,
ARK/LA ADO
Federal Aviation Administration
pp��//EOS��M r OMFt. Worth, TX 76193-0630
IL pA�CATAL O 0 P DBSTIC 2 0 .� 1 10 6 It_ DEICRIrtry!TTR!Or APPUCAITTo PNWEDr; ��—~
Fayetteville Municipal Airport
TITLE: Acquisition of' Aircraft Rescue and
i Firefighting Vehicle at Fayetteville
IL AREAS AP►ECIIO BY PROJECT(cities,counties.states.•fc.):
Municipal Airport.
l!. PROPOo6D_QI0J!Cri II. 00ilariengtrio DISTRICTS or:
Mot Den Ending Dale a Applicant b.Project
9/16/97 3/16/98 Third
II.IlTIMATFD Room ItIII A►POC_CATION SUBJECT TO*MEN IV STATE DECVRY!OADEN 1!!rs ►ROCISST
a. Fades? I .00 • YES THIS PRIAPPLICATIONFAPPL.ICATION WAS MAIN AVAIt,JlIL6 TO THE
259,539 STATE EXECUTIVE ORDER 17]17 PROCESS FOR REVIEW ON'
,
I Applicant e 0o
14,419 DATE
e.Stale $ 14,419 .00
b NO ] PROGRAM IS NOT COVERED IT 1,0, 12372
d.Loco, 1 .00
OR PROGRAM HAS NOT MIEN SELECTEE,BY STATE FOR REVIEW
• Other I ,00
V. Program Mooing 1 .00 II. IS TN!APPLICANT OEUNotonr ON ANY MURAL WWI
g TOTAL M .❑ Yes T II'Yes.'amen en aerlenerkn. ti Na
288,377
Ie,Tome my ow an RNOWLIeoe AND PIMP.ALL DATA IN THIS APPLICAfioNsI!5aPPLNIAflON AN!TROP AND CORRECT.TILE DOCUMENT NAB mem cute
AVTwortt1D IT THE OOVSRNINO SOOT OF TOE APPLICANT AND TN!APPLICANT WILL COMPLY wrist TNI ATTACHED mlSURAJICES Ir THE ASSISTANCE IS AWARDED
U.Neon Name of Authorised RearWnpNlve b.Title be
t,ra uanry� Mayor 501-5i5-8i30
d.Signature of A the.Ca�/�(�lPresw Ihre
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DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
Onto NO. eo-Rare.
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, Nome of Governing Body
regional, or other priority rating? Priority Rating __
Yes X No
•
Item 2.
Does this assistance request require State, or local Name of Agency or
advisory, educational or health clearances? Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
Yes X No
Item 4.
Does this assistance request require State, local, Nome of Approving Agency
regional or other planning approval? Date
Yes X No
Item 5.
Is the proposed project covered by an approved Check one: State r^
comprehensive plan? Local
Regional E
Yes X No Location of plan
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Yes X No Federal Population benefiting from Project
Item 7.
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
Yes X No Percent of Project
Item 8.
Will the assistance requested have on 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 Fora 5100-100 (5-73) SUPERSEDES FAA FORM 5100.10 PAGES I TNRU 7 Prrnr 7
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION AoMINISTRAT1ON orvte NO.04-n0209
PART 1I -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:
The sponsor has adopted Drake Field Ordinance 2697 which regulates and restricts
all land use activities in the vicinity of .Drake Field. This ordinance was
adopted January 20, 1980 and as amended. -
2. Defaults.—The Sponsor is not in default on any obligation to 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:
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 proceedino4c)
which in reasonable probability might make it impossible for the Sponsor to cam- out and complete the Project or care' out the
provisions of Part V of this Application,either by limiting its legal or financial ability or otherwise,except as follows:
•
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
The sponsor holds fee simple title to Tract A and easements in Tract B. Title
for Tracts A and B were approved under previous projects. Status has not changed
since approval.
Land and easements were acquired under AIP 3-0020-05-11 and is include easements,
Tracts C, D, F, J, G, and K; fee simple Tract D, E, and H.
'State rharacter 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. 7'he separate areas of land need only be identified here by the
area numbers shown on the property mop.
•
FAA Form 5100-100 t•-is,
Page 3a
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 04-R0209
PART ❑ • SECTION C (Continued)
The Sponsor further certifies that the above i. based on a title examination lv a qualified attorney or title company and that
such attorrie or title company has determined that the ipomnr hold, tllr abosr property interests.
(b) 'I he 7.porisor %%ill acquire within a rea-unable time, hut in any elent prior to the start of any comirurtuun wnrl, under
the Project. the following. property interest in the following areas of land` on which such construction work i- to be performed.
all of which areas are identified on the aforementioned property map designated a= Exhibit ".A"•
None
(e) The :.•:punsor will acquire within a reasonable time. and if feasible prior to the completion of all construction Mork under
the Project, the following property interest in the following area. of land' which are to he des eloped or used as part of or in
connection with the Airport as it will lie upon completion of the Project. all of which areas are identified on the aforementioned
property map designated as Exhibit —A.':
None
5. Exclusive Rights.—There i= no grant of an exclusive right for the conduct of any aeronautical activit% at am airport oww,!
or controlled by the sponsor except as follow.:
None
*State character of properly interest in each area and list and identify for each all exceptions, encumbrances.and adverse interent,
of every kind and nature, includinti liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers-shown on the property mop.
FAA Form 5100-100 (4.76)
Page 3b
FAYETTEVILLE .
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
PART IV
PROGRAM NARRATIVE STATEMENT
PROPOSED IMPROVEMENTS TO
DRAKE FIELD
FAYETTEVILLE, ARKANSAS
The proposed equipment to be purchased will be utilized at Drake Field, Fayetteville Municipal
Airport, Fayetteville, Arkansas. The objective of this purchase is to provide a safe, efficient, and
reliable Aircraft Rescue and Firefighting(ARFF) vehicle.
Currently the Airport utilizes an Oshkosh P-19 ARFF Apparatus. This vehicle is over
eleven years old and as been subject to various maintenance problems over the past years.
These problems seem to have gotten worse as the truck gets older. In the event of a
major maintenance problem, that would take the truck out of service, the airport would
have to be closed to commercial service until repairs could be made.
After consultation with the Airport's Part 139 Certification Inspector, it was
recommended by her that the truck be replaced. In addition, a 1500 gallon tank would be
specified due to the fact that 1000 gallon tank vehicles would require a special order and
would cost more then a 1500 gallon tank.
The acquisition of a new ARFF truck will provide a vehicle that is safe, efficient, and
reliable. It will also provide a vehicle that Airport Firefighters will trust and be willing to
use without hesitation.
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
AC 1St)/S1O0-ISA .
Appendix 2 ------ - - -- ---— 0/0/19
STANDARD DOT TITLE VI ASSURANCES
City of Fayetteville (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 ex-
cluded 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 this grant that:
I. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) Will be conducted or oper-
ated in compliance with all requirements of the Regulations.
2. it will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the
Regulations.
3. 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.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in
areal property. the assurance shall extend to rights to space on,over,or under such property.
S. 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, leases, permits, licenses, and similar agreements entered into by the Spon-
sor 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 im-
proved with Federal financial assistance under this Project.
4, 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 assur-
ance 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.
7. 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 partici-
pants of Federal financial assistance under such program will comply with all requirements imposed or pur-
suant to the Act, the Regulations, and this assurance.
S. it agrees that the United States has a right to seek judicial enforcement with regard to any matter aris-
ing under the Act. the Regulations, and this assurance.
2
I1C swum •
Ilivnsllvo-11
•
COlkopendig
. THIS ASSURANCE is given in consideration of and for the purpose or obtaining Federal financial assist-
ance for this Project and is binding on its contractors,the sponsor, subcontractors, transferees,Wccxssors in
interest and other panicipants in the Project. The person or persons whose signatures appear below ere
authorized to sips this assurance on behalf or the Sponsor.
DATED:
City of Fityetteville . Arkansas
(Sparser)
by /1-e
(Signature of Authorized Official)
Fred Manna
Mayor
•
•
- 0/O/S9
Appendix
0:51Uo- t5A
Appendix
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
the performance of this contract, the contractor, for itself. Its assignees and successors in interest
During P� as follows:
(hereinafter referred to as the "contractor")agrees relative to nondis-
1. Compliance with Regulations. The contractor shall comply with the Regulations Title
crimination in federally assisted programs of the Department of Transportation the
reinafter, "DOT')
s 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.the contract,
2. Nondiscrimination, The contractor, with regard to the work performed by it dtiring
•
shall not discriminate on the grounds of race, color, or national origin in the selection anr1 retention of sub-
pate ct either
including procurements of materials and leases of equipment. The contractor 'shall not partici-
set forth in Appendix B of the Regulations.
to either directly or indirectly in the discrimination prohibited by section,21.5 of the Regulations, includ-
ing
employment practices when the contract coven program In ell solicita-
tions Solicitations for Subcontracts, including Procurements of Materials'and Equipment.perfon *11 under '
lions either by competitive bidding or negotiation made by the contractor f pr each kto potential subcontractor a
r
• • subcontract.-.Including procurements of materials or leases of equipment,
supplier shah be notified by the contractor of the contractor's obligations under this contract and the Regu-
lations relative to nondiscrimination on the grounds of race,color,or national origin.
The contractor shall provide all information and reports required by the
4. Information and Reports• avcounb. ,
Regulations or directives issued pursuant thereto and shall permit access; to its , records, Aviation
other sources of information, and its facilities as may be determined by the Spon
• Administration (FAA) to be pertinent to ascertain compliance with such Regulations,another
and iTt t c-
or
lions. Where any information required of a contractor is in the exclusive possession of
FAA, as appropriate,certify to rett:_ses to fucab twihat efforts it has ma information, the de octor obtainathe information. �nsor or '
and shall set forth _
S. Sanctions for Noncompliance. In the event of the contractor's h ract sanctions t nCe it tor the FAA may
nondiscrim-
ination provisions of this contract, the sponsor shall impose
determine to be appropriate, including, but not limited to:
it. Withholding of payments to the contractor under the contract until the contractor complies,
and/or
b. Cancellation, termination, of suspension of the contract, in whole or in part. hs 1 through 5 •
6. Incorporation of Provisions. The contractor shall include the provisions of tparagraphs
tinges phs1texempt by the
in every subcontract, including procurements of materials and leases of equipment, ct to any Regulations or directives issued pursuant thereto. The contractor shall take such action with respect
toiflprovisions as a means of subcontract or procurement ss the sponsor oe h wevers that iny tthe a eat a contractorng such becomes involved
including sanctions for noncompliance. Provided, as a result of such direction, the contrac-
in, or is threatened with, litigation with a subcontractor or supplier i she, in tor may request the Sponsor to enter into such litigation to protect the interests of the sponsor
addi-
tion, the contractor may request the United States to enter into such litigation to protect the interests of the
United States.
4 -
t ( Appenotx z
e owes _ -
CLAUSES FOR DEEDS, LICENSES, LEASE , PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into
by the Sponsor pursuant to the provisions of Assurances 5(a)and 5(b).
1. The (grantee, licensee, lessee, permitee. etc., as appropriate) for himself, his heirs. personal repre-
sentatives, 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 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 of activity is extended'or for another purpose
involving the provision of similar services or benefits, the (grantee, licensee, lessije, permitee. etc.) shall
maintain and operate such facilities and services in compliance with all other requireritents imposed pursuant
to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Departinent of Transportation,
and as said Regulations may be amended.
2. The (grantee, licensee, lessee, pennitee, etc., as appropriate) for himself, his personal represents-
dyes, successors in interest. and assigns, as a part of the consideration hereof, does hereby covenant and
the
agree (in the case of deeds and leases add "as a covenant running with.the land") that:(I) no person
grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination in the use of said facilities, (2) that in the constucti an to gro of unds o-
provements on,over, or under such land and the furnishing of services thereon, no person
f
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 imposen o Transportation, and as said Regulations maby or pursuant in
yo 49 CFR Part V, amended.
Federally Assisted Programs of the Department
5 (and 6)
PART V
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,
and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the
provisions of Title 49,U.S.C.,subtitle VII,as amended. As used herein,the term"public agency sponsor"means a public
agency with control of a public-use airport;the term"private sponsor"means a private owner of a public-use airport;and the
term"sponsor"includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant
agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,
conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise compatibility program project,or throughout
the useful life of the project items installed within a facility under a noise compatibility program project,but in any event not
to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However,there
shall be no limit on the duration of the assurance against exclusive rights or the terms,conditions and assurances with
respect to real property acquired with Federal funds. Furthermore,the duration of the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1
also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no
less than ten(10)years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2,3,
5,6, 13, 18,30,32,33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant
agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,executive orders,policies,
guidelines,and requirements as they relate to the application,acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Legislation
a. Title 49,U.S.C.,subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(a),et seq.1
c. Federal Fair Labor Standards Act-29 U.S.C.201,et sea.
d. Hatch Act-5 U.S.C. 1501,et sea.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,
et seal 2
f. National Historic Preservation Act of 1966-Section 106-16 U.S.C.470(0.1
g. Archeological and Historic Preservation Act of 1974-16 U.S.C.469 through 469c.1
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et seq.
Clean Air Act,P.L.90-148,as amended.
j. Coastal Zone Management Act,P.L.93-205,as amended.
k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C.4012a.1
I. Title 49,U.S.C.,Section 303,(formerly known as Section 4(f))
m. Rehabilitation Act of 1973-29 U.S.C.794.
n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4.
o. Age Discrimination Act of 1975-42 U.S.C.6101,et seq.
p. American Indian Religious Freedom Act,P.L.95-341,as amended.
q Architectural Barriers Act of 1968-42 U.S.C.4151,et sea.1
r. Powerplant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.8373.1
s. Contract Work Hours and Safety Standards Act-40 U.S.C.327,et sea.1
t. Copeland Antikickback Act-18 U.S.C.874.1
u. National Environmental Policy Act of 1969-42 U.S.C.4321,et sea,1
v. Wild and Scenic Rivers Act,P.L.90-542,as amended.
w. Single Audit Act of 1984-31 U.S.C.7501,et sea.2
x. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Executive Orders
Executive Order 11246-Equal Employment Opportunity)
Executive Order 11990-Protection of Wetlands
Executive Order 11998-FloodPlain Management
Executive Order 12372-Intergovernmental Review of Federal Programs.
Airport Assurances(06/02/97) V- 1
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms,conditions, and assurances in the grant agreement without
the written approval of the Secretary,and will act promptly to acquire,extinguish or modify any
outstanding rights or claims of right of others which would interfere with such performance by the
sponsor.This shall be done in a manner acceptable to the Secretary.
b. It will not sell,lease,encumber,or otherwise transfer or dispose of any part of its title or other interests
in the property shown on Exhibit A to this application or,for a noise compatibility program project,that
portion of the property upon which Federal funds have been expended,for the duration of the terms,
conditions,and assurances in the grant agreement without approval by the Secretary. If the transferee
is found by the Secretary to be eligible under Title 49, United States Code,to assume the obligations of
the grant agreement and to have the power,authority,and financial resources to carry out all such
obligations,the sponsor shall insert in the contract or document transferring or disposing of the
sponsor's interest,and make binding upon the transferee all of the terms,conditions,and assurances
contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor,it will enter
into an agreement with that government. Except as otherwise specified by the Secretary,that
agreement shall obligate that government to the same terms,conditions,and assurances that would be
applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program
project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps
to enforce this agreement against the local government if there is substantial non-compliance with the
terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will enter into
an agreement with the owner of that property which includes provisions specified by the Secretary. It
will take steps to enforce this agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public-use airport in accordance with these assurances for the
duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other
than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority
to insure that the airport will be operated and maintained in accordance Title 49, United States Code,
the regulations and the terms,conditions and assurances in the grant agreement and shall insure that
such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this
application)of public agencies that are authorized by the State in which the project is located to plan for the development of
the area surrounding the airport. For noise compatibility program projects,other than land acquisition,to be carried out on
property not owned by the airport and over which property another agency has land use control or authority,the sponsor
shall obtain from each such agency a written declaration that such agency supports that project and the project is
reasonably consistent with the agency's plans regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project
may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States
Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension,it has
afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects
of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by
the community and it shall,when requested by the Secretary,submit a copy of the transcript of such hearings to the
Secretary. Further,for such projects, it has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to petition the Secretary concerning a
proposed project.
10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it
will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project
will be located,designed,constructed,and operated so as to comply with applicable air and water quality standards. In any
case where such standards have not been approved and where applicable air and water quality standards have been
promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such
Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has
been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or
reconstruction of pavement at the airport,it assures or certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such program for the useful life of any pavement
constructed,reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary determines may be useful.
Airport Assurances(06/02/97) V-3
•
19. Operation and Maintenance. •
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other
than facilities owned or controlled by the United States,shall be operated at all times in a safe and
serviceable condition and in accordance with the minimum standards as may be required or prescribed
by applicable Federal,state and local agencies for maintenance and operation. It will not cause or
permit any activity or action thereon which would interfere with its use for airport purposes. It will
suitably operate and maintain the airport and all facilities thereon or connected therewith,with due
regard to climatic and flood conditions. Any proposal to temporarily close the airport for
nonaeronautical purposes must first be approved by the Secretary.
In furtherance of this assurance,the sponsor will have in effect arrangements for-
(1)Operating the airport's aeronautical facilities whenever required;
(2)Promptly marking and lighting hazards resulting from airport conditions,including
temporary conditions;and
(3)Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use
during temporary periods when snow,flood or other climatic conditions interfere with such operation
and maintenance. Further,nothing herein shall be construed as requiring the maintenance,repair,
restoration,or replacement of any structure or facility which is substantially damaged or destroyed due
to an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon
which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport(including established minimum flight altitudes)will be adequately
cleared and protected by removing,lowering,relocating,marking,or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action,including the adoption of zoning laws,to the extent reasonable,to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation,it will not cause or permit any change in land use,within its jurisdiction,that will reduce its
compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use on reasonable terms and without unjust
discrimination,to any person,firm,or corporation to conduct or to engage in any aeronautical activity
for furnishing services to the public at the airport.
b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is
granted to any person,firm,or corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring
the contractor to-
(1) furnish said services on a reasonable,and not unjustly discriminatory,basis to all users thereof,
and
(2) charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the
contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other
similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the 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 and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,nontenant,or subtenant of another air carrier
tenant)shall be subject to such nondiscriminatory and substantially comparable rules,regulations,
conditions,rates,fees,rentals,and other charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all such air carriers which make similar use of
such airport and utilize similar facilities,subject to reasonable classifications such as tenants or
nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or
signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,firm,or
corporation operating aircraft on the airport;from performing any services on its own aircraft with its
own employees(including,but not limited to maintenance, repair,and fueling)that it may choose to
perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,
the services involved will be provided on the same conditions as would apply to the furnishing of such
services by commercial aeronautical service providers authorized by the sponsor under these
provisions.
h. The sponsor may establish such reasonable,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.
Airport Assurances(06/02/97) V-5
•
27. 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 movement
of Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities,or weather-reporting and communication activities related to air traffic control,any areas
of land or water,or estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction,operation,and maintenance at Federal expense of space or facilities for such purposes. Such areas or any
portion thereof will be made available as provided herein within four months after receipt of a written request from the
Secretary.
29. Airport Layout Plan.
a. 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 plans 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 any of its facilities which
are not in conformity with the airport layout plan as approved by the Secretary and which might, in the
opinion of the Secretary,adversely affect the safety,utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety,utility,or efficiency of any federally owned,leased,or funded property on or off the
airport and which is not in conformity with the airport layout plan as approved by the Secretary,the
owner or operator will,if requested,by the Secretary(1)eliminate such adverse effect in a manner
approved by the Secretary;or(2)bear all costs of relocating such property(or replacement thereof)to a
site acceptable to the Secretary and all costs of restoring such property(or replacement thereof)to the
level of safety,utility,efficiency,and cost of operation existing before the unapproved change in the
airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,
creed,color,national origin,sex,age,or handicap be excluded from participating in any activity conducted with or benefiting
from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial
assistance is extended to the program,except where 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.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,
when the land is no longer needed for such purposes,at fair market value,at the earliest practicable
time. That portion of the proceeds of such disposition which is proportionate to the United States'share
of acquisition of such land will,at the discretion of the Secretary, 1)be paid to the Secretary for deposit
in the Trust Fund,or 2)be reinvested in an approved noise compatibility project as prescribed by the
Secretary.
b. (1)For land purchased under a grant for airport development purposes(other than noise compatibility),
it will,when the land is no longer needed for airport purposes,dispose of such land at fair market value
or make available to the Secretary an amount equal to the United States'proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which is proportionate to the
United States'share of the cost of acquisition of such land will,(a)upon application to the Secretary,be
reinvested in another eligible airport improvement project or projects approved by the Secretary at that
airport or within the national airport system,or(b)be paid to the Secretary for deposit in the Trust Fund
if no eligible project exists.
Airport Assurances(06/02/97) V-7
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated On: May 1,1995
NUMBER SUBJECT
70/7460-1 H,CHG 1 &2 Obstruction Marking and Lighting
150/5000-13 Announcement of Availability RICA Inc.,Document RTCA-221,Guidance and Recommended
Requirements for Airport Surface Movement Sensors
150/5100-14C Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects
150/5210-58 Painting,Marking and Lighting of Vehicles Used on an Airport
150/5210-7B Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue and Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A Guide Specification for Water/Foam Type Aircraft Rescue and Firefighing Vehicles
150/5220-138 Runway Surface Condition Sensor Specification Guide
150/5220-14A Airport Fire and Rescue Vehicle Specification Guide
150/5220-16A Automated Weather Observing Systems for NonFederal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-19 Guide Specification for Small,Dual-Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20,CHG 1 Airport Snow and Ice Control Equipment
150/5220-21,CHG 1 Guide Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments
150/5300-13,CHG 1,2,3,&4 Airport Design
150/5300-14 Design of Aircraft Deicing Facilities
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-58 Airport Drainage
150/5320-6C,CHG 1 &2 Airport Pavement Design and Evaluation
150/5320-12B Measurement,Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5325-4A,CHG 1 Runway Length Requirements for Airport Design
150/5340-1 G Standards for Airport Marking
150/5340-4C,CHG 1 &2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B,CHG 1 Segmented Circle Airport Marker System
150/5340-14B,CHG 1 &2 Economy Approach Lighting Aids
150/5340-17B Standby Power for NonFAA Airport Lighting Systems
150/5340-18C,CHG 1 Standards for Airport Sign Systems
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-238 Supplemental Wind Cones
150/5340-24,CHG 1 Runway and Taxiway Edge Lighting System
150/5340-27A Air-To-Ground Radio Control of Airport Lighting Systems
150/5345-30 Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-7D,CHG 1 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
150/5345-266,CHG 1 &2 Specifications for L-823 Plug and Receptacle,Cable Connectors
150/5345-27C Specification for Wind Cones Assemblies
150/5345-28D,CHG 1 Precision Approach Path Indicator(PAPI)Systems
150/5345-39B,CHG 1 FAA Specification L-853,Runway and Taxiway Centerline Retroflective Markers
150/5345-42C,CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories
150/5345-43D Specification for Obstruction Lighting Equipment
150/5345-44F,CHG 1 Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L-854,Radio Control Equipment
150/5345-50,CHG 1 Specification for Portable Runway Lights
150/5345-51,CHG 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators(GVGI)
150/5345-53 Airport Lighing Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A Airport Signing and Graphics
150/5360-13,CHG 1 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C Operational Safety on Airports During Construction
150/5370-6B Construction Progress and Inspection Report-Airport Grant Program
150/5370-10A,CHG 1,2,3,4,5,6,7,&8 Standards for Specifying Construction of Airports
150/5370-11,CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5390-2A Heliport Design
150/5390-3 Vertiport Design
V-9
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing,
possession,or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition.
2. Establishing an ongoing drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph 1 above.
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under
the grant,the employee will:
a. Abide by the terms of the statement;and
b. Notify the employer, in writing,of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five(5)calendar days after such conviction.
5. Notifying the agency, in writing,within ten(10)calendar days after receiving notice under paragraph 4b from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees
must provide notice, including position title,to every grant officer or other designee on whose grant activity
the convicted employee was working, unless the Federal agency has designated a central point for the
receipt of such notices. Notices shall include the identification number(s)of each affected grant.
6. Taking one of the following actions,within 30 calendar days of receiving notice under paragraph 4b,with
respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended;or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs 1,2, 3,4, 5,and 6.
B. The grantee may insert in the space provided below the site(s)for the performance of work done in connection with
the specific grant:
Place of Performance(street address, city, county, state,zip code)
Check if there are workplaces on file that are not identified here.
Signed: Dated:
Typed Name and Title of Sponsor Representative
ICROFILM
EDSAFECO INSURANCEC�OMPANVOF AMERICAGEN AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
SAFECO® HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
Bond 5913420
PERFORMANCE BOND
KNOW ALL BY THESE PRESENTS, That we, EMERGENCY ONE,INC. , 3611 SW 20TH STREET,
OCALA, FLORIDA 34474
(hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation
duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly
bound unto CITY OF FAYETTEVILLE - MUNICIPAL AIRPORT, 4500 S. SCHOOL ST. , SUITE F,
FAYETTEVILLE, AR 72701 , (hereinafter called the Obligee),
in the sum of TWO HUNDRED EIGHTY-SIX THOUSAND, THREE HUNDRED SEVENTY-SEVEN AND NO/100
DOLLARS ($ 286,377.00 ) Dollars, for the payment of which sum well and truly
to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 24TH day of SEPTEMBER , 19 97
WHEREAS, said Principal has entered into a Contract with said Obligee, dated SEPTEMBER 19, 1997
for ONE (1) EMERGENCY ONE FIRE APPARATUS - ARFF VEHICLE
in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully
set forth herein;
NOW, THEREFORE, THE CONDITION OP TI-IIS OBLIGATION IS SUCH, That if the above bounden Principal shall well
and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and
specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall
pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by
reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall
remain in full force and effect.
NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be
commenced within two (2) years following date on which Principal ceased work on said Contract.
EMERGENCY ONE, INC.
Principal
COUNTER SIGNED: /�
By (. � '�CZ /Q/yabet
" • eettig t , SAFEC INSURANC COMPANY OF AMERICA
CK F. COWELL •
L DA HANSON _Attorney-in.-Fact
()Registered trademark of SAFECO Corporation.
S-757/EP 7/93 PRINTED IN U.S.A.
tiTiolir1051,
State of Illinois
County of Cook I SS:
On this 24th day of September in the year one thousand nine hundred and ninety-
seven, before me, Deborah A. Steven, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn, personally appeared Linda
Hanson known to me to be the duly authorized Attorney-in-fact of the Safeco
Insurance Company of America and the same person whose name is subscribed to
the within instrument as the Attorney-in-fact of said Company, and the said Linda
Hanson duly acknowledged to me that she subscribed the name of the Safeco
Insurance Company of America thereto as Surety and her own name as Attorney-in-
< fact.
re IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
co day and year in this Certificate first above written.
My Commission Expires ,C����/,,,__ /I/
08/22/00 Notary Public in and for Deborah A. Steven
County, State of DuPage, Illinois
"OFFICIAL SEAL"
DEBORAH A. STEVEN
Notary Public,State of Illinois
My Commission Expires 08/22/00
a
POWER SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
0 . .. OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SArGCV® SEATTLE, WASHINGTON 98185
• ' No. 9266
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation, does each hereby appoint
"*R. J. C0WELL; DARRIN J. WEBER; JOHN A. CALHOUN; LINDA HANSON; DEBORAH A. STEVEN; Schaumburg,
IIIInoIs***********************ill***************************************************************
its true and lawful attorney(s)—in—fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this 6th day of December , 19 96 .
w ' 1 , 'i _ t • /r ....,.... •' . 1.-. . . ." ,
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys—in—fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and
of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of
Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 24TH day of SEPTEMBER t9 97
, , n, O
I •+ I r I • .. " ••'•,,,7-7-4—..
. k ,:, :, . , . ,,, „,..,...„_..,,ivrI:,,,-- . /
5-974/EP 1193
Registered trademark of SAFECO Corporation.