HomeMy WebLinkAbout91-97 RESOLUTION RESOLUTION NO. 91-97
�J��i ►. •. � '1LV
A RESOLUTION AWARDING BID NO. 97-53 IN THE AMOUNT
OF $638,384.70 TO MARINONI CONSTRUCTION COMPANY,
INC.; APPROVING A CONSTRUCTION CONTRACT IN SAID
AMOUNT,APPROVAL OF FEDERAL GRANT ALP NO. 24 FOR
THE RELOCATION OF THE DRAINAGE DITCH AT THE
FAYETTEVILLE MUNICIPAL AIRPORT, AND APPROVING
BUDGET ADJUSTMENT IN THE AMOUNT OF $58,043.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 97-53 in the amount of
$638,384.70 to Marinoni Construction Company, Inc., authorizes the Mayor and City Clerk to
execute a construction contract in said amount. A copy of the contract is attached hereto marked
Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves the Federal Grant AIP No. 24 for the
relocation of the drainage ditch at the Fayetteville Municipal Airport. A copy of the grant is attached
hereto marked Exhibit "B" and made a part hereof.
Section The City Council hereby approves a budget adjustment in the amount of
$58,043 increasing Federal Grant Matches, Acct. No. 5550 3960 7820 23, Project No. 97053 by
decreasing Use of Fund Balance,Acct. No. 5550 0955 4999 99. A copy of the budget adjustment
is attached hereto marked Exhibit "C" and made a part hereof.
PASSED AND APPROVED this 16th day of September , 1997.
r '' + ` •
• ''Y APPROVED:
By:
s .: • red Hanna, Mayor
f
ATTEST:
By: (142,O_,&: %l
Traci Paul, City Clerk
_ _
'11 A'4-"i
,
EXHIBIT A
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into on the /6744 day of
Sep-1emher , 1997, by and between John P. Marinoni Construction
Company, Inc. , Springdale, Arkansas herein called the Contractor,
and the City of Fayetteville, hereinafter called the Owner:
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set
out, hereby agrees with the Owner as follows :
1 . That the Contractor shall furnish all the materials, and
perform all of the work in manner and form as provided by
the following enumerated Drawings, Specifications, and
Documents, which are attached hereto and made a part
hereof, as if fully contained herein and are entitled ed
Runway 34 Extended Safety Area and Drainage Improvements,
dated July, 1997, including:
Advertisements for Bids; Instructions to Bidders; General
Provisions; Special Provisions; Performance and Payment
Bonds; Specifications; the Proposal and acceptance
thereof; and the Drawings .
Sheets 1 through 8
2 . That the Contractor shall commence the work to be
performed under this Agreement on a date to be specified
in a written order of the Owner and shall fully complete
all work hereunder in 180 calendar days .
3 . That the Owner hereby agrees to pay to the Contractor for
the faithful performance of this Agreement, subject to
additions and deductions as provided in the
Specifications or Proposal, in lawful money of the United
States, the amount of : Six Hundred and Thirty Eight
Thousand Three Hundred and Eighty Four Dollars and
Seventy Cents ($ 638 , 384 . 70) , based on the Total Bid
Price contained herein.
4 . That within 30 days of receipt of an approved payment
request, the Owner shall make partial payments to the
Section 00500 - 1
,
,
Contractor on the basis of a duly certified and approved
estimate of work performed during the preceding calendar
month by the Contractor, LESS the retainage provided in
the General Provisions, which is to be withheld by the
Owner until all work within a particular part has been
performed strictly in accordance with this Agreement and
until such work has been accepted by the Owner.
5 . That upon submission by the Contractor of evidence
satisfactory to the Owner that all payrolls, material
bills, and other costs incurred by the Contractor in
connection with the construction of the work have been
paid in full, final payment on account of this Agreement
shall be made within 60 days after the completion by the
Contractor of all work covered by this Agreement and the
acceptance of such work by the Owner.
6 . Liquidated Damages : Owner and Contractor recognize that
time is of the essence of this Agreement and the Owner
will suffer financial loss if the Work is not completed
within the times specified in above, plus any extensions
thereof allowed in accordance with the General
Provisions . They also recognize the delays, expense, and
difficulties involved in proving the actual loss suffered
by Owner if the Work is not completed on time .
Accordingly, instead of requiring any such proof, Owner
and Contractor agree that as liquidated damages for delay
(but not as a penalty) Contractor shall pay Owner Three
Hundred and fifty dollars ($350 . 00) for each day that
expires after the time specified in paragraph 2 for
Completion.
7 . It is further mutually agreed between the parties hereto
that if, at any time after the execution of this
Agreement and the Surety Bond hereto attached for its
faithful performance and payment, the Owner shall deem
the Surety or Sureties upon such bond to be
unsatisfactory or if, for any reason such bond ceases to
be adequate to cover the performance of the work, the
Contractor shall, at his expense, within 5 days after the
receipt of notice from the Owner, furnish an additional
bond or bonds in such form and amount and with such
Surety or Sureties as shall be satisfactory to the Owner.
In such event, no further payment to the Contractor shall
be deemed to be due under this Agreement until such new
or additional security for the faithful performance of
the work shall be furnished in manner and form
satisfactory to the Owner.
Section 00500 - 2
I
8 . No additional work or extras shall be done unless the
same shall be duly authorized by appropriate action by
the Owner in writing.
The Contractor agrees that only domestic steel and manufactured
products will be used by the Contractor, subcontractors,
materialmen, and suppliers in the performance of this contract, as
defined in (a) below.
(a) The following terms apply to this clause :
1. Steel and manufactured products . As used in this
clause, steel and manufactured products include (1)
those produced in the United States, if the cost of
its components mined, produced or manufactured in
the United States exceeds 60 percent of the cost of
all its components and final assembly has taken
place in the United States .
2 . Components . As used in this clause, components
means those articles, materials, and supplies
incorporated directly into steel and manufactured
products .
3 . Cost of Components . This means the costs for
production of the components, exclusive of final
assembly labor costs .
This Contract shall be binding upon the heirs, representatives,
successors, or assigns of the parties hereto, including the surety.
Section 00500 - 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and date first above written, in four (4)
counterparts, each of which shall, without proof or accounting for
the other counterpart be deemed an original Contract .
John P. Marinoni Construction Co. , Inc.
Contractor
WITNESSES :
Title
ATTEST:
City of Fayetteville
// Owner
-‘hc-r. /7 By 1/
Depu74�,'iy
Mayor
;.YE f/ Title
% e 3
t -
Sy Y s 4 ,.f
Section 00500 - 4
Dt. `�tNf-L.
EXHIBIT B
GRANT AGREEMENT
U.S. Department
of Transportation
FOR DEVELOPMENT PROJECT
Federal Aviation
Administration
PART I-OFFER
Date of Offer: September 23, 1997 Project No. 3-05-0020-2497
Airport: Fayetteville Municipal Airport Contract No. 97 SW-8040
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 19, 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:
Extend Runway 34 Safety Area
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$$631,379.
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 Fomi 5100-37(10-89)Development or Noise Program Page 2 of 5 Pages
11. 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 Number FY 972137(Bid No. 97-53).
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. edderman,Manager
AR Air ort 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 026-711, day of S'e/o7lPmZe,- , 19 9 7 .
or T e 'f. City of Fayetteville, AR
(Name of Sponsor)
(Spons s eslg ate fficial Representative)
Title: /'Yh Vo r
Attest: 46-44.i
Title: C 1 .�/ GA CH(
FAA Form 5100-37(10-89)Development or Noise Program Page 4 of 5 Pages
CERTIFICATE OF SPONSOR'S ATTORNEY
I, JEgel E . ?050.. 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 fig O 5R-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.
Tk
Dated at F at., e f,i',1 L H-12_ this o2e.O —day of .S e .p 4-e t,, e rz ,19 91 .
_ " 14 ,
2-
(S nature of Sp,nsor's Attorney)
FAA Form 5100-37(10-89)Development or Noise Program Page 5 of 5 Pages
APPLICATION FOR OMB Approval No.0348-0043
FEDERAL ASSISTANCE 2.DATE SUBMITTEDApplicane Identifier
9-19-97
I. TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE
Application Preapplication State Application Identifier
Cit Construction 0 Construction
4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
0 Non-Construction 0 Non-Construction _ 9-2.2- 99 3-Os- ocaO-,24 9 7
S. APPLICANT INFORMATION
Legal Name: Organizational Unit:
City of Fayetteville City of Fayetteville
Address(give city,county,state,and zip code): Name and tale
Airport Department this application p(give arone ea crode�he person to be contacted on matters involving
4500 S. School .Ave., Suite F Dale Frederick
I Fayetteville, AR 72701 (501) 521-4750
S. EMPLOYER IDENTIFICATION NUMBER(EIN): 7. TYPE OF APPLICANT:(enter appropriate letter in box) El
7 1 _ I 6 I 0 I 1 18 14 16 12 I A. State H.Independent School Dist.
B. County I. State Controlled Institution of Higher Learning
a. TYPE OF APPLICATION: C. Municipal J. Private University
D. Township K. Indian Tribe
tti New 0 Continuation O Revision E. Interstate L. Individual
F. Intermunicipal M Profit Organization
If Revision,enter appropriate letter(s)in box(es): ❑ ❑
G.Special District N.Other(Specify):
A.Increase Award B.Decrease Award C.Increase Duration
D.Decrease Duration Other(specify):
S. NAME OF FEDERAL AGENCY:
11 DOT FAA SW Region, Fort Worth, TX
10. CATALOG CE NUMBOF ER DOMESTIC I 2 0 1aI 1 I 6 11, DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
TITLE: I I Provide Safety Area Improvements
Airport Improvement Program
12. AREAS AFFECTED BY PROJECT(cities.counties,states,etc.):
Washington County, Arkansas
13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF:
Start Date Ending Date a Applicant b.Project
10-1-97 3-22-98 Third
Third
15.ESTIMATED FUNDING: te.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
a. Federal $ .00 a. YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE
631,379. STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
b. Applicant $ 00 July 3, 1997
40,077. DATE
c.State $ 00
35,077. b NO. O PROGRAM IS NOT COVERED BY E.O. 12372
d.Local $ .00
0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e Other $ .00
f. Program Income $ .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
.O Yes • If'Yes.'attach an explanation. ® No
g TOTAL $ .00
706,533.
18.TO THE BEST OF MY KNOWLEDGE AND BELIEF.ALL DATA IN THIS APPLICAT1ON/PREAPPLICATION ARE TRUE AND CORRECT.THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
a.Typed Name of Authorized Representative I b.Title
Fred Hanna c.Telephone number
Mayor (501) 575—R33f)d.Signature of Author' pre tative
e Date Signed
Previous-Editions Not b e
- ? 9
Standard Forml�424 iREV 4.88)-
Prescnbed by OMB Omuta, 4.102
Authorized for Local Reproduction
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rt-r`,:r;.,r_t•I :1F I ttE.N)NOk rATION - FEDERAL AVIATION ADMINISTRATION
PART III - BUDGET INFORMATION = CONSTRUCTION .
- -- - ------ - SECTION A_ GENERAL -_ - -------=-
i 1. Fe,eral Domestic Assistance Catalog No 20.106
2. Functional or Other Breakout
_AIP
------SECT-ION-B-- CALCULATION OF FEDERAL GRANT
Use only for'.visions
Total
Cost Classification
Amount
Leftist Approval Adjustment
R.yVir.d
Amount I of (-)
1. M . ration expense ---♦S S $
1000.00
2. Prel::.,I:.ary expense
3. Lamm_tructures, right-of-way
4. Arctulectl,ral engineering basic fees
67,147.00
5. Other architectural engineering fees
6. Project Inspection fees
7. Land development
8. Relocation Expenses
9. relocation payments to Individuals ana businesses •
10. Demolition and removal
11. Construction and project improvement
638,385.00
12. Equipment
13. Miscellaneous
14. Total(Lines 1 through 13) 706,532.00
15. Estimated Income(if applicable)
16. Net Project Amount (Line 14 minus 15) 706,532.00
17. Less: Ineligible Exclusions Third Pasty Insurance (5,000.00)
18. Add: Contingencies
19. Total Project Amt.(Excluding Rehabilitation Grants) _ 701,532.00
20. Federal Share requested of Line 19 631,379.00
21. Add Rehabilitation Grants Requested(100 Percent)
22. Total Federal grant requested(Lines 20&-21) 631,379.00
23. Grantee share Includes Third Pa=tv
24. Other shares 35,077.00
25. Total project(I ines 22r 23&24) S S S 706,533.00
FAA Font, 5100.100 (6 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Pop
4
DEPARTMENT OF TRANSPORTATION• FEDERAL AVIATION ADMINISTRATION O..e r.c •3•R:,,.
SECTION C - EXCLUSIONS •
Clessil ice,ion Ineligible for Excluded from Participation Cent ing.ency Provision
26 (1)
121
• Third Party Insurance S 5000.00 $
•
c
d.
e.
Torols S 5000.00
•
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share S 40,077.00
a. Securities
b.Mortgages
•
c. Appropriations(By Applicant)
•
d. Bonds
e. Tax Levies
f. Non Cash
Q. Other(Explain)
•
h. TOTAL—Grantee share 40,077.00
28. Other Shares
a. State 35,077.00
b. Other
•
c.Total Other Shares
29. TOTAL S 75,154.00 •
SECTION E — REMARKS
Standard DOT Part V Assurances and Title VI Assurances
•
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Form 51100.)00 (1-771 SUPERSEDES FAA FORM 5100-10 PAGES 1 TNRU 7 PO9t 5
DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATIO
N
PART II OMA NO. B0•R01g4
•
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other priority roting? Name of Governing Body
Priority Rating i_ "—`---
Yes X No
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances? Name of Agency;pr
Board
•
__Yes X No (Attach Documenlat,oh)
Item 3.
•
Does this assistance request require clearinghouse review (Attach Comment's)
in accordance with OMB Circular .A-95?
X Yes _____ No
Item 4.
Does this assistance request require State, local,
regional or other planning approval? Name of Approving Agency
Date
Yes_X_ No
Item 5.
Is the proposed project covered by on approved
comprehensive plan? Check one: State r—
Local t�
Regional [_
Yes X No Location of plan
Item 6.
Will the assistance requested serve a Federal
installation? Name of Federal Installation
____Yes, X No Federal Population benefiting from Project Item 7.
Will the assistance requested be on Federal land
or installation? Name of Federal Installation
Location of Federal Land
Yes X No Percent of Project
Item 8.
Will the assistance requested have an impact or effect
on the environment? See instruction for additional information to be
provided.
Yes X No
Item 9.
Will the assistance requested cause the displacement of Number Individuals
individuals families, businesses, or farms? Families
Businesses
-----_
Item 10. ----Yes � No Farms
Is there other related Federal assistance on this
See instructions for additional information to be
project previous, pending, or anticipated?
provided.
Yes XNo
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES f THRU 7
n
DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION AOUINISTRATION OMs O.oa.aoioa
PART fI •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 Linked Stoll or any agency of the United States Govern.
meat relative to the development,operation,or maintenance of any airport,except as stated herewith:
t. Possible Disabilities.—There ere no facts or circumstances (including the existence of effective or proposed leases, use
a reements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedin�t p)
which in reasonable probability might make it impossible for the Sponsor to carry oat and complete the Project or carry out the
provisions of Part V of this Application,either by limiting its legal or financial ability or otherwise,except as follows:
•
4, Land.-(a) The Sponsor holds the following property interest in the following areas of land* which ate to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests,
alt 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. Ian
Land and easements were acquired under AIP 3-0020-05-11 and is includec'easements,
Tracts C, D, F, J, G, and K; fee simple Tract D, E, and H.
'State character of property interest in each area and list end identify for each all exceptions,encumbrances,and adverse interest,
of every kind and nature, including liens, easements, !cares, eta. The separate areas of lend need only be identified hero by the
are*numbers shown on the property map.
FAA Form 5100-100 WIC Pape 3.
•
•
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
i; OM8 NO.04•R0209
PART H - SECTION C (Continue )
c
The Sponsor further ccrtifie, that the alone i, based on a title examination by a1 qualified attorney or title compam and that
such attorneN or title cornpan ha,determined that the Spomnr boll, the above profiert interests.
(bthe Pro he Sponsor fullo�in�ilprc,lquir int bin ainetlu rfolle tune. but in anc event priori to the ;tart of anc on<truction unrk under
ing area, onr all of which area,are identified on the aforementioned prol,ert� map Iesi,mral,d a'l( ritll construction Hurl i- to he performed
None
•
(c) The Sponsor will acquire within a reasonable time. and if feasible prior to the completion of all construction work under
the Project, the following properly interest in the following area, of land* which are to be developed or used as part of or in
connection with the Airport as it will hr 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 activity at any airport owned
or controlled by the sponsor except as follows:
None
•
*State character of property interest in each area and list and identify for each all exceptions, encumbrances.and adverse interests
of every kind and nature. including liens, easements. leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
•
FAA Form 5100-100 (4-76)
Page 3b
PART IV
PROGRAM NARRATIVE STATEMENT
PROPOSED IMPROVEMENTS TO
DRAKE FIELD
FAYETTEVILLE, ARKANSAS
The proposed improvement is located at Drake Field, Fayetteville Municipal Airport,
Fayetteville, Arkansas. The objective of this improvement is to provide an extended Runway
Safety Area.
The extended Safety area for Runway 34 is short and has a Waiver of Standards. This
project will fill in the ditch that traverses the Safety Area and will relocate it further to the
south outside the Safety Area. Also the Safety area will be graded to longitudinal and
transverse slope criteria. This improvement will improve the safety of an aircraft overrun
into the Safety Area.
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.
8. 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 ford®and'effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise cpmpatibility program project,or throughout
the useful life of the project items installed within a facility under a noise
pompailbitity program project,but in any event not
to exceed twenty(20)years from the date of acceptance of a grant offer qf Federal funds for the project. However,there
shall be no limit on the duration of the assurance against exclusive rights Dr the terms,conditions and assurances with
respect to real property acquired with Federal funds. Furthermore,the duration df the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by S Private Sponsor. The preceding paragraph 1
also applies to a private sponsor except that the useful life of project item .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),stet sea.1
c. Federal Fair Labor Standards Act-29 U.S.C.201,et spq,
d, Hatch Act-5 U.S.C. 1501,et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,
et seo.1 2
f. National Historic Preservation Act of 1966-Section 106-16 U.S.C.470(f).1
0. 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
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.6101,21.22g.
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,pt 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-FloodPiain Management
Executive Order 12372-intergovernmental Review of Federal Programs. '
Airport Assurances(06/02/97) V- I
Executive Order 12699-Seismic Safety of Federal and Federally'Assisted New Building Construction)
Executive Order 12898-Environmental Justice
Federal Regulations
a. 14 CFR Part 13-Investigative and Enforcement Proceaures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
C. 14 CFR Part 150-Airport noise compatibility planning;
d. 29 CFR Part 1 -Procedures for predetermination of wipe rates.1
e. 29 CFR Part 3-Contractors and subcontractors on public building or public work financed in whole or
part by loans or grants from the United States.1 I'
f 29 CFR Part 5-Labor standards provisions applicable'to contracts covering federally financed and
assisted construction(also labor standards provisions iSpplicitble to honconstruction contracts subject
to the Contract Work Hours and Safety Standards Act1.11
g. 41 CFR Part 60-Office of Federal Contract Complianr s Programs,Equal Employment Opportunity,
Department of Labor(Federal and federally assisted cbntrac(ing requirements).1
h. 49 CFR Part 18-Uniforrn administrative requirements for grants and cooperative agreements to state
and local governments.
49 CFR Part 20-New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in federally-assist programs Of the Department of Transportation
-effectuation of Title VI of the Civil Rights Act of 1964'
k. 49 CFR Part 23-Participation by minority business enferpriSe in Department of Transportation
programs.
1. 49 CFR Part 24-Uniform relocation assistance and r *l property aGquisitlon for Federal and federally
assisted programs.1 2 1, era lY
m. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or
benefitting from Federal financial assistance.1
n. 49 CFR Part 29-Governmentwide debarment and suspension(non-procurement)and governmentwide
requirements for drug-free workplace(grants).
o. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that
deny procurement market access to U.S.contractors.
p. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building
construction.1
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-128-Audits of State and Local Governments.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance under
Title 49,United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,regulations or circulars are
incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:It has legal authority to apply for the grant,and to finance and carry out the
proposed project;that a resolution,motion or similar action has been duly adopted or passed as an
official act of the applicant's governing body authorizing the filing of the application,including all
understandings and assurances contained therein,and directing and authorizing the person identified
as the official representative of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor:It has legal authority to apply for the grant and to finance and carry out the proposed
project and comply with all terms,conditions,and assurances of this grant agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file this
application,including all understandings and assurances contained therein;to act in connection with
this application;and to provide such additional information as may be required.
3 Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control,
4. Good Title.
a. It holds good title,satisfactory to the Secretary,to the landing area of the airport or site thereof,or will
give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good
title satisfactory to the Secretary to that portion of the property upon which Federal funds will be
expended or will give assurance to the Secretary that good title will be obtained.
Airport Assurances(06/02/97) V-2
6. 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 proriptly to acquire,extinguish or modify any
outstanding rights or claims of right of others which Wuld interfere with such performance by the
sponsor.This shall be done in a manner acceptable tiO the Secretary.
b. It will not sell,lease,encumber,or otherwise transfer*dispose of any part of its title or other interests
in the property shown on Exhibit A to this application kir,for a noise compatibility program project,that
portion of the property upon which Federal funds havai 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 49j 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 docurnent 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 gr pt to undertake the noise compatibility program
project. That agreement and changes thereto must b ,,satisfactory to the Secretary. It will take steps
to enforce this agreement against the local govemmeiit if there is substantial non-compliance with the
terms of the agreement.
d. For noise compatibility program projects to be carried but on privately owned property,it will enter into
an agreement with the owner of that property which indludes,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 ih 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 maintain0 in accordance Title 49, United States Code,
the regulations and the terms,conditions and assuran4 s 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 iproject 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 usir0 the airport at which project is proposed.
I
9. Public Hearings. In projects involving the location of an airport,an airport dunway,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
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined
in Title 49,it has,on the date of submittal of the project grant application,all the safety equipment required for certification
of such airport under section 44706 of Title 49,United States Code,and allithe 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 and deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the
recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is
given or used,and the amount or nature of that portiorilof the cost of the project supplied by other
sources,and such other financial records pertinent to he project. The accounts and records shall be
kept in accordance with an accounting system that wil facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Compltioiler 3eneraf of the United States,or any of their
duly authorized representatives,for the purpose of audit and;examirlation,any books,documents,
papers,and records of the recipient that are pertinent to the grant. the Secretary may require that an
appropriate audit be conducted by a recipient. In anyse in which.an independent audit is made of
the accounts of a sponsor relating to the disposition of;the proceeds of a grant or relating to the project
in connection with which the grant was given or used,if shallifile a certified copy of such audit with the
Comptroller General of the United States not later tha .six(6)months following the close of the fiscal
year for which the audit was made. •
14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on an
agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined cts funded
i edbygrant
the Secretary of
Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C.2t6a-276a-5),which contractors shall pay to skilled
and unskilled labor,and such minimum rates shall be stated in the invitatioh for bids and shall be included in proposals or
bids for the work.
•
•
15. Veteran's Preference. It shall include in all contracts for work on any
involve labor,such provisions as are necessary to insure that, in the empl*ment of labor(except in executive,nt which
administrative,and supervisory positions),preference shall be given to Veterans Of the Vietnam era and disabled veterans
as defined in Section 47112 of Title 49,United States Code.However,this'preference shall apply only where the individuals
are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications, and schedules
approved by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to
commencement of site preparation,construction,or other performance under this grant agreement,and, upon approval of
the Secretary,shall be incorporated into this grant agreement. Any modification to the approved plans,specifications,and
schedules shall also be subject to approval of the Secretary,and incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction
site throughout the project to assure that the work conforms to the plans,specifications,and schedules approved by the
Secretary for the project. It shall subject the construction work on any project contained in an approved project application
to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary.Such regulations and procedures shall require such cost and progress reporting by the
sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. it will execute the project in accordance with the approved program narrative contained in the project
application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports ail required pertaining to the planning project and
planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the
material was prepared under a grant provided by the United States.
d. 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.
e. It will give the Secretary unrestricted authority to publish,disclose,distribute,and otherwise use any of
the material prepared in connection with this grant.
f. It will grant 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.
g. 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.
h. It understands and agrees that the Secretary's approval:of this project grant or the Secretary's approval
of any planning material developed as part of this grant does not constitute or imply any assurance or
commitment on the part of the Secretary to approve anyi pending or future application for a Federal
airport grant.
•
Airport Assurances(06/02/97) V-4
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,shill be operated at all times in a safe and
serviceable condition and in accordance with the minpimum standards as may be required or prescribed
by applicable Federal,state and local agencies for r>,pintenance and operation. It will not cause or
permit any pse for airport purposes. It will
suitably operate y ndrmaintain action hthe airport and all faci'it es thereoereon which would int rfere with in or connected therewith,with due
regard to climatic and flood conditions. Any propose l 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 ikhenever 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 limatid conditions interfere with such operation
and maintenance. Further,nothing herein shall be c hnstrued as requiring the maintenance,repair,
restoration,or replacement of any structure or facilit Which is substantially damaged or destroyed due
to an act of God or other condition or circumstance yond'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 torminal airspace as is required to
t
protect instrument and visual operations to the airport(including established minimum eight altitudes)will be adequately
cleared and protected by removing,lowering, relocating,marking,or light ng or Otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport hazards. i.
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 airy to activities and purposes compatible with
normal airport operations,including landing and takeoff of aircraft. In add tion, if the project is for noise compatibility
program implementation,it will not cause or permit any change in land us ,within its jurisdiction,that will reduce its
compatibility,with respect to the airport,of the noise compatibility progra measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination. ;,
a. It will make its airport available as an airport for pubii '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 arrangemint 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
I
(2) charge reasonable,and not unjustly discriminato rices for each unit or service,provided that the
contractor may be allowed to make reasonable and*discriminatory discounts,rebates, or other
similar types of price reductions to volume purchasergi
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 tp 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.
i
Airport Assurances(06/02/97) V-5
The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such
action is necessary for the safe operation of the airport;or necessary to serve the civil aviation needs of
the public. ;
23. Exclusive Rights. It will permit no exclusive right for the use of the airporld by any person providing,or intending to provide,
aeronautical services to the public. For purposes of this paragraph,the providing of the services at an airport by a single
fixed-based operator shall not be construed as an exclusive right if both ofl the following apply:
a. It would be unreasonably costly,burdensome,or impracticet for More than one fixed-based operator to
provide such services,and I I
b. 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 sihgle fired-based operator and such airport.
It further agrees that it will not,either directly or indirectly,grant or permit any person,firth,or corporation,the exclusive
right at the airport to conduct any aeronautical activities,including,but notj limited to charter flights,pilot training, aircraft
rental and sightseeing, aerial photography,crop dusting,aerial advertising and surveying,air carrier operations,aircraft
sales and services,sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical
activity,repair and maintenance of aircraft,sale of aircraft parts,and any other activities which because of their direct
relationship to the operation of aircraft can be regarded as an aeronautica;activity,and that it will terminate any exclusive
right to conduct an aeronautical activity now existing at such an airport be'ore the grant of any assistance under Title 49,
United States Code. I+
III
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities arid services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account
such factors as the volume of traffic and economy of collection. No part oil the Federal share of an airport development,
airport planning or noise compatibility project for which a grant is made wilier Title 49,United States Code, the Airport and
Airway Improvement Act of 1982,the Federal Airport Act or the Airport anci Airway Development Act of 1970 shall be
included in the rate basis in establishing fees,rates,and charges for users of that airport.
25. Airport Revenues. I
a. All revenues generated by the airport and any local taxes 0,aviation fuel established after December 30,
1987,will be expended by it for the capital or operating cosSit of the airport;the local airport system;or other
local facilities which are owned or operated by the owner o operator of the airport and which are directly and
substantially related to the actual air transportation of passengers or property;or for noise mitigation
purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations issued
before September 3, 1982,by the owner or operator of the;airport,or provisions enacted before September
3, 1982,in governing statutes controlling the owner or operator's financing,provide for the use of the
revenues from any of the airport owner or operator's facilities,including the airport,to support not only the
airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation
on the use of all revenues generated by the airport(and,in'the case of a public airport,local taxes on
aviation fuel)shall not apply.
b. As part of the annual audit required under the Single Audit lAct of 1984,the sponsor will direct that the audit
will review,and the resulting audit report will provide an opinion concerning,the use of airport revenue and
taxes in paragraph(a),and indicating whether funds paid qr transferred to the owner or operator are paid or
transferred in a manner consistent with Title 49,United States Code and any other applicable provision of
law,including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the
provisions of Section 47107 of Title 49,United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial arid operations reports as the Secretary may
reasonably request and make such reports available to the public;make available to the public at reasonable
times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects,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;
C. for noise compatibility program projects,make records and documents relating to the project and continued
compliance with the terms,conditions,and assurances of the grant agreement including deeds, leases,
agreements,regulations,and other instruments,available for inspection by any duly authorized agent of the
Secretary upon reasonable request;and
d. in a format and time prescribed by the Secretary,provide to the Secretary and make available to the public
following each of its fiscal years, an annual report listing in detail:
(i)all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made;and
(ii)all services and property provided by the airport to other units of government and the amount of
compensation received for provision of each such service and property.
Airport Assurances(06/02/97) V-6
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 y Government aircraft Is substantial,charge may
be made for a reasonable share,proportional to such use,for the cost ofi perating and maintaining the facilities used.
Unless otherwise determined by the Secretary,or otherwise agreed to byl the sponsor and the using agency,substantial use
of an airport by Government aircraft will be considered to exist when ope;<atlons,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 0 movement)of Government aircraft Is 300
or more,or the gross accumulative weight of Govern(nent aircraft using the airport(the total movement
of Government aircraft multiplied by gross weights ohiuch aircraft)is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Goternmjbnt 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 on facilities for strch 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. j
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plate of the airport showing(1)boundaries of the
airport and all proposed additions thereto,together with the¢oundafies of all offsite areas owned or
controlled by the sponsor for airport purposes and prdposedjadditions thereto;(2)the location and
nature of all existing and proposed airport facilities and structures Ouch as runways,taxiways,aprons,
terminal buildings, hangars and roads),including all pi posed extensions and reductions of existing
airport facilities;and(3)the location of all existing and ropoised nofaviation areas and of all existing
improvements thereon. Such airport layout plans and itach 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 a`eratidns in the airport or any of its facilities which
are not in conformity with the airport layout plan as ap�roved by thejSecretary and which might,in the
opinion of the Secretary,adversely affect the safety, ttlity or efficiency of the airport.
b. If a change or alteration in the airport or the facilities i 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(lli)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 restorf erg 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 partici ating.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
(2)Land shall be considered to be needed for airport purposes under this assurance if(a)it may be
needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land,
and(b)the revenue from interim uses of such land co ributes to the financial self-sufficiency of the
airport. Further,land purchased with a grant receivediby an airport operator or owner before December
31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency
making such grant before December 31, 1987,was n lined by the operator or owner of the uses of
such land,did not object to such use,and the land co 4inues to be used for that purpose,such use
having commenced no later than December 15,1989.1
c. Disposition of such land under(a)or(b)will be subjectito the retention or reservation of any interest or
right therein necessary to ensure that such land wilt oily be used for purposes which are compatible
with noise levels associated with operation of the airybl it.
32. Engineering and Design Services, it will award each contract,or sub-c4ftract for program management,construction
management,planning studies,feasibility studies,architectural services, limir1ary engineering,design,engineering,
surveying,mapping or related services with respect to the project in the s e manner a(;a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property a Adrtrinistralive Services Act of 1949 or an
equivalent qualifications-based requirement prescribed for or by the spons, r of the airport.
I�'
33. Foreign Market Restrictions. It will not allow funds provided under this glint to,, used to fund any project which uses
any product or service of a foreign country during the period in which such'orelgn country is listed by the United States
Trade Representative as denying fair and equitable market opportunities f4;'products and suppliers of the United States in
procurement and construction.
I;
34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and
specifications approved by the Secretary including but not limited to the adhisory'circulars listed in the Current FAA
Advisory Circulars for AIP projects,dated May 1.1995 and included in thl&grant,and in accordance with applicable state
policies,standards,and specifications approved by the Secretary. ,
35. Relocation and Real Property Acquisition. (1)It will be guided in acquirig real property,to the greatest extent
practicable under State law,by the land acquisition policies in Subpart B of 149 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2)It wfl provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24. (3)it will mak 'available within a reasonable period of time
prior to displacement,comparable replacement dwellings to displaced per ,ns in accordance with Subpart E of 49 CFR
Part 24. ,
36. Access By Intercity Buses, The airport owner or operator will permit,to the maximum extent practicable,intercity buses
or other modes of transportation to have access to the airport,however,it taas no obligation to fund special facilities for
intercity buses or for other modes of transportation.
Airport Assurances(06/02/97) V-8 }
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated On: May 1,1995
NUMBER SUBJECT
70/7460-1H,CHG 1&2
Obstruction Marking and Lighting
150/5000-13 Announcement of Avallibility RTCA 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
150/5210-5B Painting,Marking and Lighting of Vehicles Used ofd an Airport
150/5210-78 Aircraft Fire and Rescue Communications •
150/5210-14 Airport Fire and Rescue Personnel Protective Clotting
150/5210-15 Airport Rescue and Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personr?el
150/5220-4B Water Supply Systems for Aircraft Fire and Rescue,Protection
150/5220-10A Guide Specification for Water/Foam Type Aircraft Rescue and Firetighing Vehicles
150/5220-138 Runway Surface Condition Sensor Specification Giiide
150/5220-14A Airport Fire and Rescue Vehicle Specification Guide
150/5220-16A Automated Weather Observing Systems for NonFtideral Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting+�rfaining Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport now 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 r#i 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 kid Resistant Airport Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes I.
150/5325.4A,CHG 1 Runway Length Requirements for Airport Design
150/5340-1G Standards for Airport Marking
150/5340-4C,CHG 1 &2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-58,CHG 1 Segmented Circle Airport Marker System
150/5340-14B,CHG 1 &2 Economy Approach Lighting Aids
150/5340-178 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
150/5340-23B 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
150/5345.3D 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
150/5345-26B,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
150/5345-398,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
150/5345-43O 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
150/5370-68 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
•
AC tap/SIOO_ISA
Appendix 2
Appendix 2 010/69
•
•
STANDARD DOT TITLE Vi ASSURANCES
City of Fayetteville (hereinafter referred to as the SpOitior)hereby agrees that as a
condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will
comply with Title Vi or the Civil Rights Act of 1964 (42 U.S.C. 2000d of seq.)/and air requirements imposed
by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the i epartittent Of Transportation
— Effectuation of Title VI of the Civil Rights Act of 1964(hereinafter referred!to as the l"Iteeulatlotq")to
the end that•no person in the United States shall, on the ground of rice, vol* or natlottal origin, be ex-
eluded from participation in, be denied the benefits of,or be otherwise subjected!to diircrimjnation under any
program or activity for which the applicant receives Federal financial assistance and will intritediaedy take
any measures necessary to effectuate this agreement. Without limiting the jbbve generel assurance, the
Sponsor agrees concerning this grant'that:
1. Each "program" and "facility"
y (as defined in Sections 21.23(6) and 21.21(b)) Wii) be conducted or taper.
stud in compliance with all requirements of the Regulations.
_. it will insert the clauses of Attachment I of this assurance in every contrIct,subject to the Act and the
Regulations,
S. Where Federal financial assistance is received to construct a facility,or pa4 of a facility, the assurance
shell extend to the entire facility and facilities operated in connection therewith. I
4, Where Federal financial assistance is in the form or for the acquisition of teal property or an interest in
sal property. the assurance shall extend to rights to spice on.over,or under such property.
f. It will include the appropriate clauses set forth in Attachment 2 of this assurienoe,as a covenant running
with the land, in any future deeds,leases, permits, licensee,and similar agreements entered into by the Sport.
.far with other parties:
(a) for the subsequent transfer of real propertyacquired or improved with Federal financial assistanceunder 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 nonmetal 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:
(al 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
(N 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, subcontraetors, 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.
•
t;. It agrees that the United States has a right to seek judicial enforcement with regard to Uny matter aris-
ing under the Act, the Regulations, and this assurance.
2 •
•
•' erorn �- AC 111/01S101)-1 1A
Opgrwrillit
.THIS ASSURANCE is given in consideration of'and for the purpose of obtaining Federal financial assist-
ance for this Project and is binding on Ott contractors,the sponsor,**contractors; transferees.successor in
interest and other panieipants In the Project. The person or per ipni whose sign*tures appear below are
asthoriaed to sign this assurance on behalf of the Sponsor.
DATED:
i;
City of fi ettevilie(,� Arkansas HflST
{SipizaW/
�#athOrf:ed VM1eW)
•
Fted• Myorand .
•
•
•
•
•
•
•
}
i
AC,-;5015 tOo-•t5A • • ..
Appendix 2 -- ., . 0/0/69
•
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
•
During the performance of this contract, the contractor, for itself, its assigUees find successors in interest
• (hereinafter referred to as the "contractor")agrees as follows:
I. Compliance with Regulations. The contractor shall comply with the)Regdlatioris relative to nondis-
crimination in federally assisted programs of the Department of Trsnsportntion (hereinafter, "DOT-) Title
49, Code of Federal Regulations. Part 21, as they may be amended from time tittle(hereinafter,referred to
as the Regulations), which are herein incorporated by reference and made a Fiat of this contract.
•
• •• 2. Nondiscrimination. The contractor, with regard to the work perfoTned iby it during the contract,
shall not discriminate on the grounds of race, color,or national origin in the,selebtian sits retention of sub-
contractors, including procurements of materials and leases of equipment. 1!a cDntractor shall not partici •
-
pate either directly or indirectly in the discrimination prohibited by section;21.5 of the:Regulations, includ-
ing employment practices when the contract coven a program set forth in ppendix 8 of the Regulations.
3. Solicitations for Subeontreeta, including Procurements of Materials mind $quipment. In ail solicita-
tions either by competitive bidding or negotiation made by the contractor fed:wolrlt to be performed under a
subcontract,.including procurements of materials or'leases of equipment, feach'potential subcontractor or
supplier shah be notified by the contractor of the contractor's obligations uT der this contract and the Rep-
lations relative to nvndiscriminition•ott the grounds of race,color,or radon l origin.
4. information and Repetti. The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall permit aecessj f o its books, records, accounts.
•
Other sources of information. and its facilities as may be determined by the'Spor'aor or the Federal Aviation
•
; , Administration (FAA) to be pertinent to ascertain compliance with such:Regulations, orders, and intro*-
dons. Where any information required of a contractor is in the exclusive possession of another who fails or
tefhses to tarobh this information, the contractor.shall so certify to the sponiior or the FAA, as appropriate,
and shall set firth what eflotts it has made to obtain the Information.
• S. Sanctions for Noncompliance.. In the event of the contractor's nvntiompliance with the nondiscrim-
ination provisions of this contract, the sponsor shall impose such contract$nctions as it or the FAA may
determine to be appropriate,including, but not limited to:
•
R. Withholding of payments to the contractor under the contract Until the contractor complies,
and/or
b. Cancellation, termination,or suspension of the contract,in whale of,in part.
6. Incorporation of Prorisiona. The contractor shall include the provisions of paragraphs I through 5
in every subcontract. including procurements of materials end 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 contrac-
tor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addi-
tion, the contractor may request the United States to enter into such litigation to protect the interests of the
United States.
•
4 •
f II r' 010/On _ ( • ( Appendix 2
_
V
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, p ibnits, or similar instruments entered into
by the Sponsor pursuant to the provisions of Assurances 3(a)and Scb), ' ,
•
1. The (grantee, licensee, lessee, permitee, etc., as appropriate) 1* himself, his heirs, personal repre.
sentatives, successors in interest, and assigns,ass part of the consic ratio n hereof, does hereby covenant and
agree (in the case of deeds and leases add "as a covenant running with the land") thin in the event facilities
are constructed, maintained, or otherwise operated on the said {tfope y described; in this (deed, license,
lease, permit, etc.) for a purpose for which a DOT program or a vity� is extended!r for another purpose
involving the provision of similar services or benefits, the (grane, licensee. iess{eb, permitee, etc.) shall
maintain and operate such facilities and services in compliance with all ether eequir tents imposed pursuant
to 49 CFR Part 21, Nondiscrimination in Federally Assisted Prog 'fns of the Departtent of Transportation,
and as said Regulations may be amended,
;i •
2. The (grantee, licensee, lessee, permitee, etc., as appropria te) for himself, his personal representa-
tives,s, successors•in interest, and assigns, as a part of the eonsideiiotienl hereof, does hereby covenant and
agree (in the ease of deeds and leases add "as a covenant running ieiith ithe land") that:(1) no person on the
grounds of race, color, or national origin shall be excluded from #artiCipatioit in, denied the benefits of, or
be otherwise subjected to dis<.riminatIon in the use of said fscilitie4, (2) that in the construction of any im-
provansents on,over,or ender such land and the furnishing of seer ices thereon,no person on the grounds of
nee,color, or nations!origin shall be excluded from participation,denied the benefits of; or otherwise be
subjected to discrimination, (3) that the.(grantee, licensee. lessee,I pertnitee, etc.) shall use the premises in
compliance with all other requirements imposed by or pursuant ( 49'CFR Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation„elnd as said Regulations may be amended.
.'i
i
1
•
•
5 (and 6)
•
FAYETTE VI L L E
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
CONSIDERATION OF INTEREST OF NEARBY'COMMUNITIES
The improvements proposed in this application are consistent witl�l:the Current Drake Field Master
Plan Update. Representatives of Fayetteville invited surrounding Communities and the public,
through public advertisement, to participate in the Master Plan Update.; No objections relating to
these improvements were received at that time nor have any been received since.
I
I;
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
FAYETTEVILLE , .
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
September 17, 1997
Mr. Don Harris
Airports Division
AS W-630
Federal Aviation Administration
Fort Worth, TX 76193-0630
Re: Applications for Federal Assistance
Drake Field, Fayetteville, Arkansas
Dear Mr. Harris:
This letter is to confirm the fact that the City of Fayetteville has consulted with all of the air
carriers and fixed base operators at Drake Field Airport, Fayetteville, Arkansas, concerning the
City's application for Federal Assistance for the proposed improvements to the Runway 34 Safety
Area. This has been discussed in meetings with representatives of the carriers and fixed base
operators and they have also been informed in writing.
We trust this will meet with your approval. If you have any questions, please feel free to contact
me.
Sincerel ,
01414441
Fred Hanna
Mayor
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
FAYETTEVILLE, , ,
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
TO: Air Carriers and FBO Representatives
FROM: Dale Frederick, Airport Manager
DATE: September 8, 1997
SUBJECT: PROPOSED IMPROVEMENTS FOR DRAKE FIELD
Please consider this memo written documentation of previously discussed improvements for
Drake Field. These items have been discussed at previous planning meetings and at previous
routine monthly meetings.
These improvements will be requested as grant projects through the Airport Improvement
Program funded by passenger ticket taxes. To re-cap,these proposed projects include:
Purchase of Aircraft Rescue and Firefighting Vehicle
Relocation of South End Ditch to Improve Safety Overrun Area.
We are hopeful that the Federal Aviation Administration will concur with this funding request.
If you would like to discuss these items further, please do not hesitate to come by or bring the
issue up at our next tenant meeting.
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
ExA,', , I- G
City of Fayetteville,Arkansas
Budget Adjustment Form
Budget Year Department: General Government Date Requested Adjustment#
1997 Division: Airport 09/15/97
Program:Capital
Project or Item Requested: Project or Item Deleted:
Additional funding is requested for the safety area extension project. None.Use of fund balance is proposed for this adjustment.
Justification of this Increase: Justification of this Decrease:
The additional funding requested will provide a project contingency Sufficient funds exist in cash&investments to fund this request and comply
of approximately 10%. with City policies for Proprietary Funds.
Increase i:. ~, „r'
Account Name Amount Account Number Project Number
Federal Grant Matches F47.,"W -- : 58,043 5550 3960 . `-7820 23 '' ."4.. u
Decrease ' .: .
Account Name Amount Account Number Project Number
Use of Fund Balance 58,043 5550 0955 4999 99 -
Approval Signatures Budget Office Use Only ° ;:- t'%3 #,.,
R este Type: A B C D O F ` r' -'+
6y
cl — /C
udget oordinator Date of Approval
Department Director Posted to General Ledger
Admin.S ices Direc r Entered in Category Log
/IlMayo
1 9//7/ 7
C:\APP\97BUD\97WORK\SAFETYEX.WK3 Budget Office Copy
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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%)a construction project to extend the Runway 34 Safety Area. On September 16, 1997
the City Council awarded the contract to John P. Marinoni Const. 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.o the Ai ort.
3 �2 en to le s
COST TO CITY:
$ 631.379.00 (revenue) $ 900.000.00 Federal Grant Matches(revenue)
Cost of this Request Category/Project Budget Category/Project Name
5550-0955-6820.24 $ 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
CONTRAC /GRANT/LEASE REVIEW: GRANTING AGENCY:
A • anager Date A4 Coo m /Date
i Qtto ey Date ternal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends Approval
/Qa/t 44-.444( I-2 Y-Y 7
Division Head Date Cross Reference
Dep-� ► e r t irector to New Item: Yes No
7 Prey Ord/Res#:
A ist j-ti e 'ces Director to
�k61 7 Orig Cont. Date:
Ma or Date
FAYETTEVILLE. . ,
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
TO: Fred Hanna, Mayor
FROM: Dale Frederick, Airport Manager pf h, ►,.4
DATE: September 24, 1997
SUBJECT: Review and approval of a grant agreement with the Federal Aviation
Administration for the Runway 34 Safety Area Project.
A grant offer has been received from the FAA which will partially fund(90%) a construction project
to extend the Runway 34 Safety Area. On September 16, 1997 the City Council awarded the
contract to John P. Marinoni Construction 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(3 lcp;o,)
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
r
U.S.Department Southwest Region Fort Worth,Texas 76193-0000
of Transportation Arkansas, Louisiana,
Federal AviationNew Mexico,Oklahoma,
Administration Texas
September 23, 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. 3-05-0020-2497 at Fayetteville Municipal Airport, Fayetteville, AR, to extend Runway
34 Safety Area.
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.
Sincerely,
Faye S. dderman
Manager, Arkansas/Louisiana Airport
Development Office
Enclosure
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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 of Application for Federal Assistance for a construction project providing improvements of
the Runway 34 safety area at the Fayetteville Municipal Airport. Total project cost will be$706,533. Cost to City:anticipated$40,077
(maximum of$75,154 if State Grant is not received). $5,000 is included in the City's share due to third party insurance that is not
eligible for federal assistance. Please have the Mayor sign all documents flagged with notes. After review and signature,please return
the documents to the Airport. In order for the contractor to take advantage of good construction weather this application needs to be
forwarded to the Fort Worth FAA office by Friday morning September 19, 1997. A Thurs. afternoon overnight mailing will be
necessary.
COST TO CITY:
$ 706.533.00 $ 1.000.000.00 Federal Grant Matches
Cost of this Request Category/Project Budget Category/Project Name
5550 3960 7820.24 $ 355.645.00 Capital
Account Number Funds used to date Program Name
97053.0001 S 644.355 Airport
Project Number Remaining Balance Fund
`l GEX VIEW:_Budgeted Item X Budget Adjustment Attached
Budget Coordinator Administrative Services Director
LC,ONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager Date _ _ DA Coor in or Date
Ci ttorney Date I ernal Auditor Date =
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends approval.
jaigati4L2
Division Head Date Cross Reference
Dep - Director D to . New Item: Yes No
' I/11117 Prey Ord/Res#:
Ad 'str. 'v i e ices Director D
to_ Orig Cont. Date:
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STAFF REVIEW FORM Page 2
Description Approval of an Application for Federal Assistance AIP #24
Meeting Date N/A
Comments:
Budget Coordinator Reference Comments:
Accounting Manager Reference Comments:
/,,:tt-eAry,/ �' ti✓:G'iyCE // /:)Lc:L!:rt.Z le Y1(�1�1
5/1414- 1 '
City Attorney Reference Comments:
Purchasing Officer Reference Comments:
ADA Coordinator Reference Comments:
Internal Auditor Reference Comments:
FAYETTEVILLE,
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
September 17, 1997
Mr. Don Harris
Airports Division
AS W-630
Federal Aviation Administration
Fort Worth, TX 76193-0630
Re: Application for Federal Assistance
Drake Field, Fayetteville, Arkansas
Dear Mr. Harris:
Please find enclosed three sets of the above referenced documents:
Standard Form 424, Page 1
FAA Form 5100-100, Page 2 through 5
Program Narrative Statement
Part V Assurances (Pages 1-9)
Part VI Assurances (4 pages)
Letter Reporting Consultation with Affected Parties
Statement of Consideration of Interest of Nearby Communities
Sponsor Certification for Equipment/Construction Contracts
Certification Regarding Drug Free Workplace Requirements
Certification for Contracts, Grants, Loans and Cooperative Agreements
Bid Tabulation Sheet
Clearinghouse letters are enclosed for your review. If any additional information is needed, please
advise.
Sincerely,
4,1444
F ed Hanna
Mayor
Enclosure: Application(3 copies)
cc: Mr. Dale Frederick, Airport Manager
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
APPLICATION FOR OMB Approval No.0348-0043
2.DATE SUBMITTED Applicant Identifier
FEDERAL ASSISTANCE 9-19-97
1. TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE '
Application Preaoplication State Application Identifier
($ Construction 0 Construction
4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
0 Non-Construction 0 Non-Construction
S. APPLICANT INFORMATION
Legal Name: Organizational Unit:
City of Fayetteville City of Fayetteville
Address(give city,county,state,and zip code): Name and telephone number of the
Airport Department this application (give area code) to be contacted on matters involving
4500 S. School.Ave., Suite F Dale Frederick
Fayetteville, AR 72701 (501) 521-4750
S. EMPLOYER IDENTIFICATION NUMBER IEINf: 7. TYPE OF APPLICANT:(enter appropriate letter in box)
7 1 ,... 16 I 0 I 1 18 14 16
12 I A. State H.Independent School Dist.
B. County I. State Controlled Institution of Higher Learning
0. TYPE OF APPLICATION: C. Municipal J. Private University
D. Township K. Indian Tribe
th New 0 Continuation 0 Revision E. Interstate L Individual
F. Intermunicipal M.Profit Organization
If Revision,enter appropriate letter(s)in box(es): ❑ ❑
G.Special District N.Other(Specify):
A.Increase Award B.Decrease Award C.Increase Duration
D.Decrease Duration Other(specify):
S. NAME OF FEDERAL AGENCY:
DOT FAA SW Region, Fort Worth, TX
10. CATALOG OF FEDERAL DOMESTIC I 2 I 0 la` 1 ` 0 I 6 II. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
ASSISTANCE NUMBER: f I
Provide Safety Area Improvements
TITLE Airport Improvement Program
12. AREAS AFFECTED BY PROJECT(cities,counties.states.etc.):
Washington County, Arkansas
,13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF:
Start Date Ending Date a.Applicant b.Project
10-1-97 3-22-98 Third Third
1S.ESTIMATED FUNDING: 1a.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
a Federal S .()p a. YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE
631,379. STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
b. Applicant 40,077. DATE July 3, 1
c.State = te
35,077. b NO. 0 PROGRAM IS NOT COVERED BY E.O. 12372
d.Local t .00
0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e.Other $ .00
I. Program Income S ,00 I7. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g TOTAL $ .❑ Yes • If'Yes.'attach an explanation. ® No
.00
706,533.
10.TO THE BEST OF MY KNOWLEDGE AND BELIEF.AU.DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT.THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
a.Typed Name of Authorized Representative
I b.Title c.Telephone number
Fred Hanna Mayor (50]) 574-8140
d.Signature of Author RepresWttative e.Date Signed
atk. g--(q" 7
Previous-Editions Not Usable
Standard Form 424 IREV 4.88)
Prescribed by OMB Circular A-102
Authorized for Local Reproduction
r't.t',%".,-4_I•I •1F I' 4N)NOR 1ATION• FEDERAL AVIATION ADMINISTRATION • oust ./,, rn•a„ts,
PART III — BUDGET INFORMATION — CONSTRUCTION •
SECTION A — GENERAL
1. Feaeral Domestic Assistance Catalog No 20.106
2. Functional or Other Breakout ___AIP
SECTION B — CALCULATION OF FEDERAL GRANT
Us*only for t.visions
Total
Cost Classification Amount
Latest Approved Adjustment Requwad
Amount , Of(_)
1. A14 . ration expense S S S
err• se
2. Prel: .I::a;y expense
3. Lanuj.tructures, right-of-way
4. Architectidal engineering basic fees
IIIII 67 147.00
5. Other architectural engineering fees
6. Project inspection fees
7. Land development
8. Relocation.Expenses
9. Selocation payments to Individuals any Businesses
10. Demolition and removal
11. Construction and project improvement 638.385.00
12. Equipment
•
13. Miscellaneous
14. Total(Lines 1 through 13) 706,532.00
15. Estimated Income(if applicable)
16. Net Project Amount (Line 14 minus 15) 706,532.00
17. Less: Ineligible Exclusions Third Pa t Insurance (5,000.00)
18. Add: Contingencies
•
19. Total Project Amt.(Excluding Rehabilitation Grants) 701,532.00
20. Federal Share requested of Line 19 631,379.00
21. Add Rehabilitation Grants Requested(100 Percent)
22. Total Federal grant requested(Lines 20 8.21) •
23. Grantee Share In ludes Third _ _ • - A • • ••
24. Other shares 35,077.00
25. Total project(I urns 22, 23&24) S S S 706,533.00
FAA Fonn 5100-100 (6 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Pop.4
DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION OMe AC 63•i:1,.
SECTION C — EXCLUSIONS
Classification Ineligible (or Excluded bolo 26 Participation Contingency Pro.iiten
l≥Z (21
e• Third Party Insurance s 5000.00 $
b
c
d_
°' Toter 5000.00 1 S
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share S 40,077.00
a.Securities
b.Mortgages
•
c.Appropriations(By Applicant)
•
d. Bonds
e. Tax Levies
f. Non Cash
g. Other(Explain)
•
h. TOTAL—Grantee share 40,077.00
28. Other Shares
a.State
35,077.00
b.Other •
•
c. Total Other Shares
29. TOTAL
S 75,154.00
SECTION E - REMARKS
Standard DOT Part V Assurances and Title VI Assurances
•
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Newt 5100.100 (E-77I SUPERSEDES FAA FORM °100-10 PAGES I TNNU 7
Poe. 5
DEPARTMENT OF TRANSPORTATION . FEDERAL AVIATION ADMINISTRATIO
N
PART II on,e NO, eo.pal114
PROJECT APPROVAL INFORMA:TION
SECTION A
Item I.
Does this assistance request require State, local,
regional, or other priority rating? Name of Governing Body
Priority ----�_
---_ Rating
Yes
X No
Item 2.
Does this assistance request require State, or local gency'or advisory, educational or health clearances? Name of A
Board I
No (Attach Documenjahoh)
Item 3.
Does this assistance request require clearinghouse revrew
•
in accordance with OMB Circular .A-95? (Attoch Comments)
X
--�_ Yes No
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
Name of Approving Agency
Dote
Yes }� No
Item S.
Is the proposed project covered by an approved
comprehensive plan? Check one: State r--
Local r�
Yes X Regional 17No Location of plan
Item 6.
Will the assistance requested serve a Federal
installation? Name of Federal Installation
Yes XNo Federal Population benefiting from Proiect Item 7.
Will the assistance requested be on Federal land
or installation? Name of Federal Installation
Location of Federal Land
Yes X No Percent of Project
Item 8.
Will the assistance requested hove an impact or effect on the environment? See instruction for additional information to be
provided.
Yes X No
Item 9.
umber of:
Will the assistance requested cause the displacement of N Individual s
individuals families, businesses, or farms?
Families
Businesses
Item i0. ---=—Yes Na Forms
•
Is there other related Federal assistance on this
See instructions for additional information to be
project previous, pending, or anticipated?
provided.
---_Yes XNo
5100.10 PAGES TNRU 7
FAA Form 5100-T00 (6-73) SUPERSEDES FAA FORM
•
•
DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION AOMiMISTRATION OMe NO.044110201
•
PART II •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, 1989 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.
went relative to the development,operation,or maintenance of any airport,except as stated herewith:
•
S. 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 proceedin r)
which in reasonable probability might make it impossible for the Sponsor to carry oat and complete the Project or carry out the
provisions of Part V of this Application,either by limiting its legal or financial ability or otherwise.except as follows:
•
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. aft
Land and easements were acquired under AIP 3-0020-05-11 and is includeeieasements,
Tracts C, D, F, J, G, and K; fee simple Tract D, E, and H.
'Stale character of property interest in each area and lint end identify for each all exceptions,encumbrances.and adverse interest,
of every kind an nature, including liens, easement,, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property neap.
FAA Form 5100-100 ts•re1 •
P.Ot 3a
•
•
•
•
•
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04•R0209
PART II - SECTION C (Continued)
The Sponsor further ccrtifie., that the aho%e is leased on a title examination by aiqualified attorney or title company and that
such attorney or title compam ha-determined that the Spon-or Irohl tin Amy property interests.
(h) The Sponsor "ill acquire within a rea-onahle time. hut in any e.ent priori to the start of an. con4truction work und.r
the Project. the following propertY intere-t in the ((Mom ing areas of land' on %%Inch such construction wort, i- to be performed
all of.,Inch area-are identified on the aforementioned property map designated a- l.Jhil.it
•
None
•
•
•
•
(c) The ;4punsor will acquire within a reasonable time. and if feasible prior to the completion of all construction work under
the Project. the following property interest in the following areas of land* which are to be developed or used as part of or in
connection with the Airport as it will 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 is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the 'ponsor except as follows:
None
*State character of property interest in each area and list and identify for each all exceptions. encumbrances.and adverse interests
of every kind and nature, including liens, easements. leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 (4.76) Page 3b
PART IV
PROGRAM NARRATIVE STATEMENT
PROPOSED IMPROVEMENTS TO
DRAKE FIELD
FAYETTEVILLE, ARKANSAS
The proposed improvement is located at Drake Field,Fayetteville Municipal Airport,
Fayetteville, Arkansas. The objective of this improvement is to provide an extended Runway
Safety Area.
The extended Safety area for Runway 34 is short and has a Waiver of Standards. This
project will fill in the ditch that traverses the Safety Area and will relocate it further to the
south outside the Safety Area. Also the Safety area will be graded to longitudinal and
transverse slope criteria. This improvement will improve the safety of an aircraft overrun
into the Safety Area.
•
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 bye Private Sponsor. The preceding paragraph 1
also applies to a private sponsor except that the useful life of project item*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 jaws,regulations,executive orders,policies.
guidelines,and requirements as they relate to the application,acceptance end 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),Mimi
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 Acgyisition Policies Act of 1970 Title 42 U.S.C.4601,
f. National Historic Preservation Act of 1966-Section 106-16 U.S.C.470(f).1
9. Archeological and Historic Preservation Act of 1974-16 U.S4.469'through 469c.1
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,elms'.
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,flog.
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,pt 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-I
Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction)
Executive Order 12898-Environmental Justice
Federal Regulations
a. 14 CFR Part 13-Investigative and Enforcement Procedures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
C. 14 CFR Part 150-Airport noise compatibility planning,
d. 29 CFR Part 1 -Procedures for predetermination of wage rates.1
e. 29 CFR Part 3-Contractors and subcontractors on pudic building or public work financed in whole or
part by loans or grants from the United States.1
f. 29 CFR Part 5-Labor standards provisions applicableto contracts covering federally financed and
assisted construction(also labor standards provisions applicable to nonconstruction contracts subject
to the Contract Work Hours and Safety Standards Act).
g. 41 CFR Part 60-Office of Federal Contract ComplianC8 Programs,Equal Employment Opportunity,
Department of Labor(Federal and federally assisted contracting requirements).)
h. 49 CFR Part 18-Uniform administrative requirements:for grants and cooperative agreements to state
and local govemments.3
49 CFR Part 20-New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs Of the Department of Transportation
-effectuation of Title VI of the Civil Rights Act of 19641. •
k. 49 CFR Part 23-Participation by minority business enterprise in Department of Transportation
programs.
I. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs.) 2
m. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or
benefiting from Federal financial assistance.) •
n. 49 CFR Part 29-Govemmentwlde debarment and suspension(non-procurement)and governmentwide
requirements for drug-free workplace(grants).
o. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that
deny procurement market access to U.S.contractors.
p. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building
construction.1
Office of Management and Budget Circulars
a. A47-Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-128-Audits of State and Local Governments.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance under
Title 49,United States Code.
Specific assurances required to be included in grant agreements by any of the above laws,regulations or circulars are
incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:It has legal authority to apply for the grant,and to finance and carry out the
proposed project that a resolution,motion or similar action has been duly adopted or passed as an
official act of the applicant's governing body authorizing the filing of the application,including all
understandings and assurances contained therein,and directing and authorizing the person identified
as the official representative of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor.It has legal authority to apply for the grant and to finance and carry out the proposed
project and comply with all terms,conditions,and assurances of this grant agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file this
application,including all understandings and assurances contained therein;to act in connection with
this application;and to provide such additional information as may be required.
3 Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
a. It holds good title,satisfactory to the Secretary,to the lending area of the airport or site thereof.or will
give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good
title satisfactory to the Secretary to that portion of the property upon which Federal funds will be
expended or will give assurance to the Secretary that good title will be obtained.
I' ,
•
Airport Assurances(06/02/97) V-2
6. 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 alt 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!pr 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 49j United States Code,to assume the obligations of
the grant agreement and to have the power,authorityt,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 ail 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 FM for a greet 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 but on:privateiy owned property,it will enter into
an agreement with the owner of that property which inbludes!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. I;
f. If an arrangement is made for management and opereltion 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.i
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 thejproject 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 goats 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 end 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
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined
in Title 49,it has,on the date of submittal of the project grant application,all the safety equipment required for certification
of such airport under section 44706 of Title 49,United States Code,and allthe 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 and deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the
recipient of the proceeds of the grant,the total cost of De project in connection with which the grant is
given or used,and the amount or nature of that portioniof the cost of the project supplied by other
sources,and such other financial records pertinent to the project. The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984. ,
b. It shall make available to the Secretary and the Comp(roller General of the United States,or any of their
duly authorized representatives,for the purpose of audit and!examination,any books,documents,
papers,and records of the recipient that are pertinent to the grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any ease in which:an independent audit is made of
the accounts of a sponsor relating to the disposition of;the proceeds of a grant or relating to the project
in connection with which the grant was given or used,it shall!file a certified copy of such audit with the
Comptroller General of the United States not later tharj.six(6)months following the close of the fiscal
year for which the audit was made.
•
14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on any projects funded under the grant
agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of
Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C.276a-276a-5),which contractors shall pay to skilled
and unskilled labor,and such minimum rates shall be stated in the invitatioh for bids and shall be included in proposals or
bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which
involve labor,such provisions as are necessary to insure that,in the employmentof 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 47112 of Title 49,United States Code.However,this;preference shall apply only where the individuals
are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications,and schedules
approved by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to
commencement of site preparation,construction,or other performance under this grant agreement,and,upon approval of
the Secretary,shall be Incorporated into this grant agreement. Any modification to the approved plans,specifications,and
schedules shall also be subject to approval of the Secretary,and incorporated into the grant agreement.
17. Construction inspection and Approval. It will provide and maintain competent technical supervision at the construction
site throughout the project to assure that the work conforms to the plans,specifications,and schedules approved by the
Secretary for the project. It shall subject the construction work on any project contained in an approved project application
to inspection and approval by the Secretary and such work shalt be in accordance with regulations and procedures
prescribed by the Secretary.Such regulations and procedures shall require*such cost and progress reporting by the
sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project
application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and
planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the
material was prepared under a grant provided by the United States.
d. 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.
e. It will give the Secretary unrestricted authority to publish,disclose,distribute,and otherwise use any of
the material prepared in connection with this grant.
f. It will grant 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.
g. 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.
h. It understands and agrees that the Secretary's approval:of this project grant or the Secretary's approval
of any planning material developed as part of this grant does not constitute or imply any assurance or
commitment on the part of the Secretary to approve any pending or future application for a Federal
airport grant.
•
•
Airport Assurances(06/02/97) V-4
•
•
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 Stators,shall be operated at all times in a safe and
serviceable condition and in accordance with the mieimum 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 interferewith 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 proposll to temporarily close the airport for
nonaeronauticai purposes must first be approved by1lhe Secretary.
In furtherance of this assurance,the sponsor will ha*e in effect arrangements for-
(1)Operating the airport's aeronautical facilities whenever required;
(2)Promptly marking and lighting hazardslresulting from airport conditions,including
temporary conditions;and
(3)Promptly notifying airmen of any conditibn affecting aeronautical use of the airport.
Nothing contained herein shall be construed to requite 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 censtnaed as requiring the maintenance,repair,
restoration,or replacement of any structure or fadlit which is substantially damaged or destroyed due
to an act of God or other condition or circumstance deyond:the coritrol 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 mirlimum 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.l
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 us ,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. I'
a. It will make its airport available as an airport for publik'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 pr 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) fumish said services on a reasonable,and not unjSrsty discriminatory,basis to all users thereof,
and i!
(2) charge reasonable,and not unjustly discriminator;prices for each unit or service,provided that the
contractor may be allowed to make reasonable and npndiscriminatory discounts,rebates,or other
similar types of price reductions to volume purchase*
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
i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such
action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of
the public.
ii
23. Exclusive Rights. It will permit no exclusive right for the use of the airpr4i by any person providing,or intending to provide,
aeronautical services to the public. For purposes of this paragraph,the pr{dviding of the services at an airport by a single
fixed-based operator shall not be construed as an exclusive right if both oil the following apply:
a. It would be unreasonably costly,burdensome,or impractical, for more than one fixed-based operator to
provide such services,and
b. If allowing more than one fixed-based operator to provide 9rjch services would require the reduction of space
leased pursuant to an existing agreement between such single fixed-based operator and such airport.
It further agrees that it will not,either directly or indirectly,grant or permit any person,firm,or corporation,the exclusive
right at the airport to conduct any aeronautical activities,including,but not,limited to charter flights,pilot training,aircraft
rental and sightseeing,aerial photography,crop dusting,aerial advertising and surveying,air carrier operations,aircraft
sales and services,sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical
activity,repair and maintenance of aircraft,sale of aircraft parts,and any+her activities which because of their direct
relationship to the operation of aircraft can be regarded as an aeronautica`;activity,and that it will terminate any exclusive
right to conduct an aeronautical activity now existing at such an airport before the grant.of any assistance under Title 49,
United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances e$isting at the particular airport,taking into account
such factors as the volume of traffic and economy of collection. No part cr the Federal"share of an airport development,
airport planning or noise compatibility project for which a grant is made u der Title 49.United States Code, the Airport and
Airway Improvement Act of 1982,the Federal Airport Act or the Airport an, Airway Development Act of 1970 shall be
included In the rate basis in establishing fees,rates,and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30,
1987,will be expended by it for the capital or operating cots of the airport;the local airport system:or other
local facilities which are owned or operated by the owner of operator of the airport and which are directly and
substantially related to the actual air transportation of passengers or property:or for noise mitigation
purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations issued
before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September
3, 1982,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 fadlitles,including the airport,to support not only the
airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation
on the use of all revenues generated by the airport(and,in;the case of a public airport,local taxes on
aviation fuel)shall not apply.
b. As part of the annual audit required under the Single AuditAct of 1984,the sponsor will direct that the audit
will review,and the resulting audit report will provide an opinion concerning,the use of airport revenue and
taxes in paragraph(a),and indicating whether funds paid ar transferred to the owner or operator are paid or
transferred in a manner consistent with Title 49,United States Code and any other applicable provision of
law,including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the
provisions of Section 47107 of Title 49,United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may
reasonably request and make such reports available to the public;make available to the public at reasonable
times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects,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;
C. for noise compatibility program projects,make records and documents relating to the project and continued
compliance with the terms,conditions,and assurances of the grant agreement including deeds,leases,
agreements.regulations,and other instruments,available for inspection by any duly authorized agent of the
Secretary upon reasonable request;and
d. in a format and time prescribed by the Secretary,provide to the Secretary and make available to the public
following each of its fiscal years, an annual report listing in detail:
(i)all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made;and
(II)all services and property provided by the airport to other units of government and the amount of
compensation received for provision of each such service and property.
•
Airport Assurances(06/02/97) V-6
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial
assistance and ail 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 ofiOperating 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
t.
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 ofiluch aircraft)-is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Goiiernment for use in connection with any air traffic
control or air navigation activities,or weather-reporting and communicatioe 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 on 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 praposed.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 non aviation 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 atteratians in the airport or any of its facilities which
are not in conformity with the airport layout plan as apiiroved by the!Secretary and which might,In the
opinion of the Secretary,adversely affect the safety,pt)lity or efficiency of the airport.
b. If a change or alteration in the airport or the facilities le;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*out plan as approved by the Secretary,the
owner or operator will,if requested,by the Secretary(iii)eliminate such adverse effect in a manner
approved by the Secretary;or(2)bear all costs of relo4atingsuch 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 particiating.in any activity conducted with or benefiting
from funds received from this grant. This assurance obligates the sponsor or 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
(2)Land shall be considered to be needed for airport purposes under this assurance if(a)it may be
needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land,
and(b)the revenue from interim uses of such land contributes to the financial self-sufficiency of the
airport. Further,land purchased with a grant receivediby an airport operator or owner before December
31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency
making such grant before December 31, 1987,was notified by the operator or owner of the uses of
such land,did not object to such use,and the land co tinues to be used for that purpose,such use
having commenced no later than December 15,1989.1
c. Disposition of such land under(a)or(b)will be subjectito the retention or reservation of any interest or
right therein necessary to ensure that such land will wily be used for purposes which are compatible
with noise levels associated with operation of the airpdf t.
I.
32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction
management,planning studies,feasibility studies,architectural services,plrjetiminary engineering,design,engineering,
surveying,mapping or related services with respect to the project in the s ire manner a;a contract for architectural and
Iengineering services is negotiated under Title IX of the Federal Property a Administrative Services Act of 1949 or an
equivalent qualifications-based requirement prescribed for or by the spons, r of the airport.
II
33. Foreign Market Restrictions. It will not allow funds provided under this grant tobe used to fund any project which uses
any product or service of a foreign country during the period in which suchjforeign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and
specifications approved by the Secretary including but not limited to the acl4isory circulars listed in the Current FAA
Advisory Circulars for AIP projects,dated May 1.1995 and included in this grant,and in accordance with applicable state
policies,standards,and specifications approved by the Secretary.
I!
35. Relocation and Real Property Acquisition. (1)It will be guided in acqui hg real property,to the greatest extent
practicable under State law,by the land acquisition policies in Subpart B o(149 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2)It 4,4l1 provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocotion payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24. (3)It will mak (available within a reasonable period of time
prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR
Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable,intercity buses
or other modes of transportation to have access to the airport,however,it has no obligation to fund special facilities for
intercity buses or for other modes of transportation.
.
•
•
ii
•
V-8 I
Airport Assurances(06/02/97)
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 Availibility RTCA 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 oh an Airport
150/5210-7B Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clotting
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 rrainIng Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport show 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 et Airport Grant Projects
150/5320-5B 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 '
150/5340-16 Standards for Airport Marking
150/5340.40,CHG 1 &2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-58,CHG 1 Segmented Circle Airport Marker System
150/5340-148.CHG 1 &2 Economy Approach Lighting Aids
150/5340-178 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
150/5345-3D Specification for 1-821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-70,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
150/5345-26B.CHG 1 &2 Specifications for 1-823 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 FM Specification 1-853,Runway and Taxiway Centerline Retrofiective Markers
150/5345-42C,CHG 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories
150/5345-430 Specification for Obstruction Lighting Equipment
150/5345-44F,CHG 1 Specification for Taxiway and Runway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-48A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification 1-854,Radio Control Equipment
15W5345-50,CHG 1 Spedficatlon for Portable Runway Lights
150/5345-51,CHG 1 Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Gliidesiope 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
150/5370-68 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 '
AC IS0/Slot-15A
Appendix 20/0169
•
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 Tt!insportation (POT). it will
comply with Title Vi of the Civil Rights Aci of 1964(42 U.S.C. 2000d et seq.)Stud all requirements imposed
by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the tolepariinent of Transportation
— Effectuation of Title VI of the Civil Rights Act of 1964(hereinafter referred'to in the "Regulations")to
the end that no person in the United States shall, on the ground of rice, volt,, or:national origin. be ex-
cluded from participation in, be denied the benefits of,or W otherwise subjected'lo discrimination under any
program or activity for which the applicant receives Federal financial assistance and will intenediately take
any measures necessary to effectuate this agreement. Without limiting the shove general assurance, the
Sponsor agrees concerning this grant.that:
f. 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.
!. it will insert the clauses of Attachment I 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. i
4. Where Federal financial assistance is in the form or for the acquisition of rail property or an interest in
real property. the assurance shall extend to rights to space on,over,or under such property.
•
IL 1t will include the appropriate clauses set forth in Attachment 2 of this assartaroa.as a covenant limning
with the land. in any fbture deeds,leases, permits, licensee,and similar agreements entered into by the Sport-
.sax 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.
•
f. 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:
(al 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 reasneable guarantee that it.
other sponsors. subgrsntees. 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. •
a. It agrees lint 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
•
010/1111t AC Ison100-1SA •
.�_ toWits
•
•
,THIS ASSURANCE h given in consideration of and for the purpose of obtaining Federal financial assist-
ance for this Project and is binding on its contractors,the sponsor,sObcorrtrsctorsi transfereek sneoessors in
interest and other participants in the Project. The person or pennons whose signatures appear below are
authorised to sign this assursneeon behalf of the Sponsor.
r:
DATED:
City of fiquttevilleLl Arkansas
(SpMo►i r .
•
/44,iL:pe•Y tit/Zik,vit
•
elp,t etf el Aotihtrrlited OMtWl
Fred Rangy ji:.
• Mayor •
•
•
•
•
•
•
•
.
•
•
•
9
Ac4so/s too-•ss0► • oioiss
Appendix 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
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: i;
1. Compliance with Regulations. The contractor shill comply with the Regulations relative to nondis-
crimination in federally assisted programs of the Department of Transportatlpn (hereinafter. "DOT') Title
49, Code of Federal Regulations. Part 21, as they may be amended from time 4o time(hereinafter,referred to
as the Regulations), which are herein incorporated by reference and made a 'pert o(this contract. .
2. Nondiscrimination. The contractor, with regard to• the work perfoi'ined by it during the contract,
shall not discriminate on the grounds of race,color,or national origin in thet selection aw retention of sub-
contractors, including procurements of materials and leases of equipment. 'ir'he contractor shall not partici- .
pate either directly or indirectly in the discrimination prohibited by section i21.3 21.3 of the:Regulations. includ-
ing employment practices when the contract coven a program set forth in ,►ppendix H of the Regulations.
•
3. Solicitations for Subcontracts, Including Procurements of Materials I' :. d Equipment. In all solicits-
'Ili either by competitive bidding or negotiation made by the contractor fdr,work to be performed under a
• ' subcontract...including procurements of materials or'leases of equipment, dch'potential subcontractor or
supplier shalt be notified by the contractor of the contractor's obligations ander this contract and the Regu- .
lations relative to nondbcritninatiott'on the grounds of race,color,or national origin.
•
4. Information and Raporte. The Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shell permit access1 to its books, records, accounts, .
Other sources of information. and'its facilities as may be determined by the;Sponsot or the Federal Aviation •_ •
-
Administration (FAA) to be pertinent to ascertain compliance with such:regulations, orders, and instruc-
tions. Where any information required of a contractor is in the exclusive poesession of another who fails or
re1bsea to(Webb this Information, the eontractor.shall so certify to the sponsor or the FAA, as appropriate.
and shall set forth what efibrts it has made to obtain the information.
• S. Suctions for Noncompliance.. •In the event of the contractor's noncompliance with the nondiacrint-
ination provisions of this contract, the sponsor shall impose such contract Unctions as it or the FAA may
determine to be appropriate,including,but not limited to: I.
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 whale or.in part.
6. ineorpo atlenr of Pratislvns. The contractor shall include the provisions of paragraphs I through S
in every subcontract. including procurements of materials and leases of equipment. unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the event a contractor t.ct.:mes involved
in,or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contrac-
tor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in adds.
Lion, the contractor may request the United States to enter into such litigation to protect the interests of the
United States. .
4
r
OfO/!9 ( ( Append's 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 Sponsor pursuant to the provisions of Assurances 5(a)and 5(6),
I. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself. his heirs. personal repre.
tentative:, 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 or acitivityi is extended for for another purpose
involving the provision of similar services or benefits, the (grane. licensee. less e, permitee, etc.) shall
maintain and operate such facilities and services in compliance with all Other requirerirents imposed pursuant
to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Departe tent of Transportation,
and as said Regulations may be amended.
2. The (grantee, licensee, lessee, pennitee, etc., as appropril e) ror himself. his personal s+eprr senta-
tives, successors:in interest. and assigns, as a part of the consideration hereof, does hereby covenant and
agree (in the case of Seeds and leases add "as a covenant running}►iththe land")that:(1) no person on the
' grounds of race, color, or national origin shall be excluded from ?artictpatiott in, denied the benefits of, or
be otherwise subjected to discrimination in the use of said facilitieq, (2) that in the construction of any im-
provements on,over,or under such land and the furnishing of ser iloes thereon,no person on the grounds of
race.color,or national origin shall be excluded from participation:0%.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 t4 49 CFR Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation,land as said Regulations may be amended.
I?
•
•
•
•
•
•
(and 6)
FAME TTEVILLE ,
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
CONSIDERATION OF INTEREST OF NEARBY COMMUNITIES
The improvements proposed in this application are consistent with the current Drake Field Master
Plan Update. Representatives of Fayetteville invited surrounding communities and the public,
through public advertisement, to participate in the Master Plan Update., No objections relating to
these improvements were received at that time nor have any been received since.
•
4500 SOUTH SCHOOL AVENUE, SUITE F . AIRPORT TERMINAL BUILDING . FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521.1735
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) 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:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling,rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) 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(a);
(d) Notifying the employee in the statement required by paragraph(a)that,Eis a condition of employment under the grant,
the employee will-
(1) Abide by the terms of the statement;and
(2) 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 calendar days after such conviction:
(e) Notifying the agency in writing,within ten calendar days after receiving notice under paragraph(d)(2)from an
employee or otherwise receiving actual notice of such conviction. Employers bf 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;
(f) Taking one of the following actions,within 30 calendar days of receiving notice under paragraph(d)(2),with respect to
any employee who Is so convicted-
(1) 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
(2) 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;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b),
(c), (d), (e), end(t),
9. 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)
Fayetteville MunAripal Airport
4500 S. School Ave, Suite F
Fayetteville. AR 7?7r11_
Check if there are workplaces on file that are not identified here.
1 C
Signed: ro(10.19.(\j_ Dated: I lei 697
Dale Frederic*, Airport Manar1Pr
Typed Name and Title of Sponsor Representative
FAYETTEVILL'E
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
September 17, 1997
Mr. Don Harris
Airports Division
ASW-630
Federal Aviation Administration
Fort Worth, TX 76193-0630
Re: Applications for Federal Assistance
Drake Field, Fayetteville, Arkansas
Dear Mr. Harris:
This letter is to confirm the fact that the City of Fayetteville has consulted with all of the air
carriers and fixed base operators at Drake Field Airport, Fayetteville, Arkansas, concerning the
City's application for Federal Assistance for the proposed improvements to the Runway 34 Safety
Area. This has been discussed in meetings with representatives of the carriers and fixed base
operators and they have also been informed in writing.
We trust this will meet with your approval. If you have any questions, please feel free to contact
me.
Sincerel ,
//4;411441
Fred Hanna
Mayor
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
FAYETTEVILLE ,
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
TO: Air Carriers and FBO Representatives
FROM: Dale Frederick, Airport Manager
DATE: September 8, 1997
SUBJECT: PROPOSED IMPROVEMENTS FOR DRAKE FIELD
Please consider this memo written documentation of previously discussed improvements for
Drake Field. These items have been discussed at previous planning meetings and at previous
routine monthly meetings.
These improvements will be requested as grant projects through the Airport Improvement
Program funded by passenger ticket taxes. To re-cap,these proposed projects include:
Purchase of Aircraft Rescue and Firefighting Vehicle
Relocation of South End Ditch to Improve Safety Overrun Area.
We are hopeful that the Federal Aviation Administration will concur with this funding request.
If you would like to discuss these items further,please do not hesitate to come by or bring the
issue up at our next tenant meeting.
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
SPONSOR CERTIFICATION FOR EQUIPMENT/CONSTRUCTION CONTRACTS
Sponsor's Name: City of Fayetteville
Airport: Fayetteville Municipal Airport
Project Number: 3-05-0020-24
Project Description: Safety Area Tmprovementa Ri4nwav 34
Contractor: John P. Marinoni Const. Inc.
Section 509(d) of the Airport and Airway Improvement Act of 1982; as amended
(herein called the Act), authorizes the Secretary to require certification from sponsors
that they will comply with statutory and administrative requirements. The following
list of certified items includes major requirements for this aspect of project
implementation. However, the list is not comprehensive, nor does it relieve sponsors
from fully complying with all applicable statutory and administrative standards. Every
certified item must be marked. Each certified item with a "no" response must be fully
explained in an attachment to this certification. If the item is not applicable to this
project, mark the item "N/A." Standards for advertising and awarding equipment and
construction contracts within Federal grant programs are described in 49 CFR 18.36.
Sponsors may use their procurement procedures reflecting State and local laws or
regulations provided procurements conform to specific standards in 49 CFR 18 and
Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16.
1. A code or standard of conduct is in effect governing the performance of the
sponsor's officers, employees, or agents in soliciting and awarding procurement
Contracts.
Yes x No N/A
2. Qualified personnel are engaged to perform contract administration, engineering
supervision, and construction inspection and testing.
Yes x No N/A
3. The procurement was publicly advertised using the competitive sealed bid
method of procurement.
Yes x No N/A
4. The request for bids clearly and accurately describes all administrative and other
requirements of the equipment and/or services to be provided.
Yes x No N/A Page 1 of 3
5. Concurrence was obtained from FAA prior to contract award under any of the
following circumstances:
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest responsive and
responsible bidder,
c. Life cycle costing is a factor in selecting the lowest responsive bidder,
and
d. Proposed contract prices are more than 10 percent over the sponsor's
cost estimate.
Yes x No N/A
6. All contracts exceeding $100,000, require a bid guarantee of 5 percent, a
performance bond of 100 percent, and a payment bond of 100 percent.
Yes x No N/A
7. Contracts exceeding $100,000 contain provisions Or conditions specifying
administrative, contractual, and legal remedies, including Contract termination, for
those instances in which contractors violate or breach contract terms. They also
contain provisions requiring compliance with applicable standards and requirements
issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the
Clean Water Act (33 USC 1368), Executive Order 11738, and environmental
protection regulations (40 CFR Part 15).
Yes x No N/A
8. All construction contracts involving labor contain provisions insuring that in the
employment of labor honorably discharged Vietnam era veterans and disabled
veterans will be given preference.
Yes x No N/A
9. All construction contracts exceeding $2,000 contain provisions requiring
compliance with the Davis-Bacon Act and bid solicitations contain a copy of the
current Federal wage rate determination. Provisions requiring compliance with
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
USC 327-330) and the Copeland "Anti-Kick Back" Act are included.
Yes x No N/A
10. All construction contracts exceeding $10,000 contain appropriate clauses from
41 CFR Part 60 for compliance with Equal Employment Opportunity Executive Order
11246.
Yes x No N/A Page 2 of 3
11. All contracts and subcontracts contain clauses required from Title VI Civil
Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprises.
Yes x No N/A
12. Appropriate checks have been made to assure thap contracts or subcontracts
are not awarded to those individuals or firms suspended, debarred, or voluntarily
excluded from doing business with any DOT element andappearing on the DOT
Unified List.
Yes x No N/A
I certify that, for the project identified herein, the responses to the foregoing items are
correct as marked, and that the attachments, if any, are cc#rrect and complete.
Date: 5• _� _ / et 1
Signature of Sponsor's Authorized Representative -�--
Dale Frederick. Airport Manager
Typed Name and Title of Sponsor's Representative
Page 3 of 3
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' ACTION ID NO. 12804 i', :•\. ..•b• ;Pa-.-�.�
:-...-•' City of Fayetteville .. . 4/•!,r •S . '• ...,•cam:-'�"1` +
--- FILL IN CHANNEL , '••• •�.: ,
Ward Slough ;`•. . ) i SCALE 1:24000 `
SHEET 1 OF 2 ' ' jt °• ` Ns
---...-
�v r,o `1 j�}` -• 'l5 Request review of ditch work
n ���� Isl:III il
s �1 t south end of the airport/Fayetteville
0 Si:,
• FAYETTEVILLE, ARK. 1 °' -1-7-7:-3-r.
—T---1 Municipal Airport 7/3/97
.6.......-.-r, • .ez-\---..;it' ..cr),..
N3600—W9407.517.5 i �. \—•''^
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•
es Form 3800. Anr0 1ooa iq,,,,,
- • .
FAYETTEVILLE
AIRPORT DEPARTMENT
THE CITY OF FAYETTEVILLE,ARKANSAS
July 3, 1997
Joyce Perser,Project Manager
United States Corp of Engineers
Little Rock District
P.O. Box 867
Little Rock,AR 72203
Dear Mrs. Perser:
The City of Fayetteville is proposing to apply for an Airport Improvement Program(AIP)Grant from the
Federal Aviation Administration for a project at the Fayetteville Municipal Airport. This project has not been
through the required review process and is outlined as follows:
The extended Safety Area for Runway 34 is short and has a Wavier of Standards. This project will
fill in the existing 40 ft.wide channel,which traverses the Safety Arca. The ditch will be rerouted
approx.600 feet to the south and re-connected with the existing channel to the east of the Runway
Safety Area(see attached map). This will allow the runway safety area to be extended from 400 ft..
to 1000 ft. This area will also be graded to Longitudinal and Transverse Slope criteria. This
improvement will improve the safety of an aircraft overrun into the Safety Area and provide a way
for emergency equipment to access this area should they ever be needed.
These improvements arc normally determined to be environmental categorical exclusions.
Please find enclosed for your use a copy of a quadrangle map locating the airport;the proposed project area.
In order to determine the environmental significance of this project,we are soliciting views of resource
agencies for impacts to threatened and endangered species,wetlands,and cultural resources. Your review of
this project and its potential impact(if any)on the resource under your purview would be greatly appreciated.
We request that you review this project as it effects you,and respond within 30 days of receipt of this letter.
If no response is received after this time period,we will assume you have no concerns with the
proposed project.
Should you have any questions,or require additional information,please feel free to contact me.
Sincerely,
COlAitoj
C c>
Dale Frederick
Airport Manager
Enclosures:per letter
DF:MM:mm
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
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RECEIVED JUL 2 2 19E
FAYETTEVILLE ,
AIRPORT DEPARTMENT 3 / 3 / t /9/9
THE CITY OF FAYETTEVILLE,ARKANSAS U
July 3, 1997
Cathy Buford Slater
State Historic Preservation Office el&
1500 Tower Building OJ,
323 Center 99O1
Little Rock,AR 72201
Dear Ms. Slater:
The City of Fayetteville is proposing to apply for an Airport Improvement Program(AIP)Grant from the
Federal Aviation Administration for a project at the Fayetteville Municipal Airport. This project has not been
through the required review process and is outlined as follows:
The extended Safety Area for Runway 34 is short and has a Wavier of Standards. This project will
fill in the existing 40 ft.wide channel,which traverses the Safety Area. The ditch will be rerouted
approx.600 feet to the south and re-connected with the existing channel to the east of the Runway
Safety Area(see attached map). This will allow the runway safety area to be extended from 400 ft.
to 1000 ft. This area will also be graded to Longitudinal and Transverse Slope criteria. This
improvement will improve the safety of an aircraft overrun into the Safety Area and provide a way
for emergency equipment to access this area should they ever be needed.
These improvements are normally determined to be environmental categorical exclusions.
Please find enclosed for your use a copy of a quadrangle map locating the airport,the proposed project area.
In order to determine the environmental significance of this project,we are soliciting views of resource
agencies for impacts to threatened and endangered species,wetlands,and cultural resources. Your review of
this project and its potential impact(if any)on the resource under your purview would be greatly appreciated.
We request that you review this project as it effects you,and respond within 30 days of receipt of this letter.
If no response is received after this time period,we will assume you have no concerns with the
proposed project.
Should you have any questions,or require additional information,please feel free to contact me.
Sincerely,
C �����; .....�t culit' •t esouc•s.
Dale Frederick •'. . • ' r
Airport Manager
Enclosures:per letter
DF:MM:mm
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 • FAX 501-521-1735
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• ACTION ID NO. 12804 ' 1•\� ; •• :mei ' {/ •,•• '�
.'�•• City of Fayetteville • ` ` '
-- . TILL rN CSANNNL ~ _ !• '�''�' ( k '\.:* .
` Ward Slough , 4 • `;' ..; SCALE 1;24000 `� '
88$$T l 08' 2 '•+ • n e _ •
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I72) � •..."'.2.31..... Request review of ditch work
in. f a -■ I south end of the airport/Fayetteville .
, •• FAYETTEVILLE, ARK. I --T>---i Municipal Airport 7/3/97
00
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N3soo—WP407.5/7.5 •, -
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• ACTION ID NO. 12804 • , ; ri M •� . /+� ry ,�
�•� City of tayettoville •
�' r,',/ :`. •. ��a ''` !''
?ILL IN CRANIUM ' r' ,..2;
\ .•• ` !
` ward Slough ;' ' 1 `�'A• • ,•
BREST 1 OF 2 \.' • ; i' ' :,t• 1:24 `�
••..�3 •..... -`' ;' ......:ate, 6
I„..t...
l� �\'^ i 1 I • ••••'•:'�l•••• Request review of ditch work
•• (A. .71 i south end of the sirport/Fayetteville .
'- FAYETTEVILL.E, ARK. ,) ---r---i Municipal Airport 7/3/97
p560-w9407.5 1 7.5 `••••';7 .
RECEIVED JUL 1 4 1997
FAYETTEVILLE
AIRPORT DEPARTMENT 3gIaTT
THE CITY OF FAYETTEVIU2,ARKANSAS
July 3, 1997 JUL 7 1997
Allan J. Mueller U.S. FISH & WILDLIFE SERVICE
United States Department of tlYAlitgWritO• MS
Fish and Wildlife Service
900 Clay Street,Room 235
Vicksburg,Mississippi 39180
Dear Mr.Mueller:
The City of Fayetteville is proposing to apply for an Airport Improvement Program(AIP)Grant from the
Federal Aviation Administration for a project at the Fayetteville Municipal Airport. This project has not been
through the required review process and is outlined as follows:
The extended Safety Area for Runway 34 is short and has a Wavier of Standards. This project will
fill in the existing 40 ft.wide channel,which traverses the Safety Area. The ditch will be rerouted
approx.600 feet to the south and re-connected with the existing channel to the east of the Runway
Safety Area(see attached map). This will allow the runway safety area to be extended from 400 ft.
to 1000 ft. This area will also be graded to Longitudinal and Transverse Slope criteria. This
improvement will improve the safety of an aircraft overrun into the Safety Area and provide a way
for emergency equipment to access this area should they ever be needed.
These improvements are normally determined to be environmental categorical exclusions.
Please find enclosed for your use a copy of a quadrangle map locating the airport,•the proposed project area.
In order to determine the environmental significance of this project,we are soliciting views of resource
agencies for impacts to threatened and endangered species,wetlands,and cultural resources. Your review of
this project and its potential impact(if any)on the resource under your purview would be greatly appreciated.
We request that you review this project as it effects you,and respond within 30 days of receipt of this letter.
If no response is received after this time period,we will assume you have no concerns with the
proposed project.
Should you have any questions,or require additional information,please feel free to contact me.
Sincerely, No federally listed endangered,
g")32.0__Gj threatened or candidate species present
•
Dale Frederick
Airport Manager Env` ::i . -:t Coordinator
U.S 1:711:Yi ar'd Wildlife S.rviee
Enclosures:per letter ��1 �
LPL,#:
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Date,d9t (÷4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701
PHONE 501-521-4750 Ext. 6 1-521-1735
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NEEMCCLELLAND P.O. Box 1229
CONSUL T/NG Fayetteville,Arkansas 72702-1270
DESIGNED TO SERVE
INC.
I ENGINEERS 501'443 2377
FAX 501-443-9241
September 15, 1997 FY972137
P ^^--
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Mr. Dale Frederick
Airport Manager
Drake Field
4500 S. School Street Suite F
Fayetteville, AR 72701
RE: Recommendation for Award of Construction Contract
Runway 34 Safety Area Impro ements
Dear Mr. Frederick:
Enclosed is a tabulation of the five bi s received on Friday, September 12, 1997, for
the referenced project. As you can s e, the apparent low bidder, Basic Construction
Company, submitted a bid significantl below the other bidders. Because this
concerned me, and for the benefit of e project, I contacted Mr. Gary Combs (Owner of
Basic Construction Company) by tele hone shortly after the bids had been opened.
Mr. Combs had already been advised of the bidding results by his representative, Mr.
Gary Broyles, and offered that a mistake had been made in completing the bid form
Item No. 2, unclassified excavation. Specifically, he said that the unit cost should have
been $7.75, not $2.75. He implied that a mistake had been made in
reading/transferring the number from his worksheet to the formal bid form. Because he
was uncertain at that time as to what his reaction would be to Award of Contract, he
agreed to consider his alternatives and meet with me in our office at 4:30 p.m. that
day.
Subsequently, we met with Mr. Combs, Mr. Broyles, and Mr. Mike Mashburn (Attorney
for Basic Construction Co.). During a thorough discussion of the matter, Mr. Combs
alleged that comments made by one of MCE's representatives at a pre-bid meeting (on-
site) caused him to assume that less compactive effort than that specified in the
Contract Documents would be acceptable for this job. Therefore, his bid was lower
than it would have been if he thought that the specifications would be strictly enforced.
After some deliberation, Basic Construction Company indicated that they are willing to
step aside and allow the City to contract with the second-lowest bidder provided that
their Bid Bond is returned to them intact (i.e. they do not forfeit their Bid Bond).
Otherwise, they plan to contest the Award to others.
September 15, 1997 Page 2
Mr. Dale Frederick FY972137
Under these particular circumstances, I recommend that the City return Basic's Bid
Bond, intact, and award the contract to Marinoni Construction Company in an amount
of$638,384.70. My recommendation is based upon the following:
1. It is obvious to me that Basic's price is out-of-line with the other bidders.
Whether the error is bidder mistake or communication-induced, the effect
is the same. It does not appear to me to be reasonable to expect Basic to
do the job as required and as specified for their bid price.
2. Requiring Basic to forfeit their Bid Bond is likely to result in delay of
Contract Award. This is not advisable since a federal grant (in excess of
a half-million dollars) is at risk if award of the construction contract is
delayed. It seems unwise to jeopardize a grant this large because of a
Bid Bond valued at less than $18,000
3. Though I am unqualified to give legal advice, there seems to be some
precedence for returning a Bid Bond intact under these circumstances (52
ALR 2d 792).
4. The second-lowest Bidder, Marinoni Construction Company, has been
contacted, is qualified, and is ready to enter an agreement in a timely
fashion.
I am available to discuss this recommendation with you and/or others. Please notify me
promptly of action(s) you wish me to pursue.
Sincerely,
McCLELLAND CONSULTING ENGINEERS, INC.
Johnny C. Quinn, P.E.
President
JCQ/sr
Enclosure
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,AFoil I Z/'//99
STAFF REVIEW FORM
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
MICROFILMED
For the Fayetteville City Council meeting of N/A
FROM:
Dale Frederick Airport General Gvmt.
Name Division Department
ACTION REQUIRED: Request review,approval and the Mayor's signature for contract Change Order#1 with John P.Marinoni
Construction Co.,for the Runway 34 Extended Safety Area. This Change Order was necessary because of the extremely wet period during
the months of December 1997 through March 1998 which prevented the contractor from working on this project. This Change Order
extended the contract time by 120 days,which is the time lost to weather delay. This project was completed in November 1998.
COST TO CITY:
$ none $ 400i 4%i Runway 34 Safety Area
Cost of this Request Category/Project Budget Category/Project Name
5550-3960-7820.24 $ •3 i i RS C- Capital
Account Number Funds used to date Program Name
'(1 053 $ $9, i 3i Airport
Project Number Remaining Balance Fund
BU I GE I'REVIEW: )4 kge Ittovru_ Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Acco n a Date A oordin r i Date
Z-? - ."-- ‘22.- - ' %/
Atiomey Date ernal Auditor VC- Date
a3-99
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends approval of this change order.
C— Do..A__1—_
---' ,.„,. 21P$(-77
'vision Head Date Cross Reference
1 partrrr- t Iii ctor ee New Item: Yes No
• A. . ._ —_ — Prev. OrcURes#:
Admi •ji ativ, e ices Director Date Orig Cont. Date:
May• ate
STAFF REVIEW FORM Page 2
Description: Meeting Date: N/A
Change Order#1 for
John P. Marinoni Construction Co.Inc.
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
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO; FRED HANNA,MAYOR ``
FROM: DALE FREDERICK, AIRPORT MANAGE 'ire
DATE: JANUARY 28, 1999
SUBJECT: CHANGE ORDER#1 FROM JOHN P. MARINONI CONSTRUCTION CO. INC.
CHANGE ORDER#1 FOR THE RUNWAY 34 EXTENDED SAFETY AREA.
Request review, approval and the Mayor's signature for contract Change Order #1 with John P. Marinoni
Construction Co., for the Runway 34 Extended Safety Area. This Change Order was necessary because of the
extremely wet period during the months of December 1997 through March 1998 which prevented the contractor
from working on this project. This Change Order extended the contract time by 120 days, which is the time lost to
weather delay. This project was completed in November 1998.
DF/bjm
Attachments: Contract Review Form
Five originals of Change Order#1.
►
CHANGE ORDER No. 1
Date: March 27, 1998
ENGINEER'S PROJECT NO. FY972137
PROJECT: Runway 34 Extended Safety Area
CONTRACTOR: John P. Marinoni Construction Co.. Inc.
Contract for Grading & Drainage Improvements Contract Date: September 16. 1997
TO: John P. Marinoni Construction Co.. Inc.
Contractor
You are directed to make the changes noted below in the subject Contract:
Nature of the Changes:
1. Increase in the Contract time to complete the Project.
Justification:
The project site has been extremely wet during the time from December 1997 through March
1998 which prevented the Contractor from proceeding with the work. The next several months
should provide more favorable weather conditions for work to proceed.
These changes result in the following adjustment of Contract Price and Contract Time:
CONTRACT PRICE prior to this Change Order: $ 638.384.70
Estimated Increase Resulting from this Change Order: $ 0.00
Estimated CONTRACT PRICE Including this Change Order: $ 638.384.70
Completion Time Prior to This Change Order: 180 Calendar days
Final Completion Time Prior to This Change Order: 180 Calendar days
FY972137:CO1:3/98:sr -1
Net Time Change Resulting From This Change Order:
a. Final Completion: 120 Calendar days
Current Contract Completion Dates Including This Change Order:
a. Final Completion: 300 Calendar days
The Foregoing Changes Are Recommended:
McCLELLAND CONSULTING E GINEERS, INC.
By: W
Cq�
Date: / ` r 71 , 1999
The Foregoing Changes Are Accepted:
John P. Marinoni Construction Co.. Inc.
By: C/ -, /2 Y� ,.
Date: /- Z — , 1999
The Foregoing Changes Are Approved:
City of Fayetteville
By:
Date: T , 1999
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dale Frederick, Airport
From: Heather Woodruff, City Clerk
Date: February 24, 1999
Attached is a copy of the completed staff review form and change order number one for the
contract with Marinoni for the Runway 34 Improvement Project. I am also returning four
original change orders for you to distribute.
The original will be microfilmed and filed with the City Clerk.
cc. Internal Auditor
File
2e5 9/-97
''1 /7)A1^)NOkv/ <o
STAFF REVIEW FOkM At p' I')D
'IP CEIV ,. III3 ill
AGENDA REQUEST C
xx_ CONTRACT REVIEW MICROFILMED
GRANT REVIEW 1* 1 4
1999
For the Fayetteville City Council meeting of N/A
FROM: O
Dale Frederick Airport General Gvmt. ^�R
Name Division Department
ACTION REQUIRED: Request review, approval and the Mayor' s signature for a deductive
contract change order with John P. Marinoni Construction Co. , Inc. for the Runway 34
Extended Safety Area. The final contract quantities reflect increases in some items
and decreases or elimination of others. The one design change in the project was a
gate located at the low water bridge. The original 12-foot gate was replaced with a
double 8-foot barbed wire unit. The design change of the gate allows vehicles to
break through the gates with little or no damage to the vehicle or gate. This change
order results in a net deduction of $23, 026.01 in the total approved contract costs.
COST TO CITY:
$ (23, 026 . 01) $ 698, 526. 00 Runway 34 Safety Area
Cost of this Request Category/Project Budget Category/Project Name
M4,0- %2.o.)9L
5550-0955'1820.24 $ 629, 956 .27 Capital
Account Number Funds used to date Program Name
97053 . 0001 $ 68, 569 .73 Airport
Project Number Remaining Balance Fund
BU ET IEW: X Budgeted Items C— dget Adjustment Attached
B get Coordinator Administr ve Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
!t ' i 'O1-C/' ///-C�7
Acc n ' Manager Date / •
A C ordinat Date C%�
C t e Date I ernal Auditor J_/ Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends approval of this change order.
1 ml
Division ead Date
Cross Reference
D art rect
or
1Date a��� New Item: Yes No
21p, / Prey Ord/Res#: '9I-57
Ai stt've Services Director Date
1 i11I �)/) L, Orig Cont. Date:
Mayor / Date
STAFF REVIEW FORM Page 2
Description: Change Order #2 for Meeting date: N/A
John P. Marinoni Construction Co.
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
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: FRED HANNA, MAYOR
FROM: DALE FREDERICK, AIRPORT MANAGE
DATE: JANUARY 6, 1999
SUBJECT: CHANGE ORDER NO.2 TO THE CONTRACT WITH MARINONI CONSTRUCTION CO. , INC.
FOR THE RUNWAY 34 EXTENDED SAFETY AREA IMPROVEMENTS.
The Airport requests review, approval and the Mayor' s signature for a deductive
contract change order with John P. Marinoni Construction Co. Inc. , for the Runway
34 Extended Safety Area. The final contract quantities reflect increases in some
items and decreases or elimination of others. The one design change in the project
was a gate located at the low water bridge. The original 12-foot gate was replaced
with a double 8-foot barbed wire unit. The design change of the gate allows
vehicles to break through the gates with little or no damage to the vehicle or gate.
This change order results in a net deduction of $23, 026 . 01 in the total approved
contract costs.
ATTACHMENTS: Contract Review Form
Change Order No. 2
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CHANGE ORDER No. 2
Date: November 18,1998
ENGINEER'S PROJECT NO. FY972137
PROJECT: Runway 34 Extended Safety Area
CONTRACTOR: John P. Marinoni Construction Co.. Inc.
Contract for Grading & Drainage Improvements Contract Date: September 16. 1997
TO: John P. Marinoni Construction Co.. Inc.
Contractor
You are directed to make the changes noted below in the subject Contract:
THE CITY OF FAYETTEVILLE
Owner
Nature of the Changes:
1. Change Bid Item No. 12, from a 12-foot gate to a double 8-foot gate. Increase the cost for the
gate from $500 to $1,335. ADD $835.00
2. Adjust the final contract quantities and cost according to the following scheduled items and cost.
ITEM UNIT
No. DESCRIPTION OF ITEM QTY UNIT PRICE AMOUNT
1 Miscellaneous demolition 1 LS $2,500.00 $2,500.00
2 Unclassified excavation 43000 CY $3.85 $165,550.00
3 Select borrow excavation 1000 CY $12.50 $12,500.00
4 Topsoil excavation and replacement 16500 CY $7.00 $115,500.00
5 Compacted embankment 35000 CY $3.93 $137,550.00
6 Undercut and embankment backfill 2.9 CY $7.50 $21.75
7 Straw bale barrier 0 LF $5.00 $0.00
8 Filter fabric barrier 0 LF $2.00 $0.00
9 Crushed aggregate base course 829 TN $23.11 $19,146.64
10 Remove existing fence 1280 LF $2.00 $2,560.00
11 7-foot barbed wire fence 2481 LF $10.06 $24,958.86
12 Double 8-foot barbed wire gate 1 EA $1,335.00 $1,335.00
13 Adjust ODALS bases and electrical 1 EA $9,000.00 $9,000.00
14 Replace ODALS cables and place in conduit 1 LS $14,350.00 $14,350.00
15 Replace ILS control cable and place in conduit 1 LS $22,350.00 $22,350.00
16 Creek stabilization 380 SY $28.50 $10,830.00
17 Trench and excavation safety system 1 LS $21,500.00 $21,500.00
18 Seeding,fertilizing, and mulching 23.8 AC $300.00 $7,140.00
19 Sodding 350 SY $18.60 $6,510.00
G:\CHG-ORD\97\972137\CO-NUM2.WPD:sr
•
I
ITEM UNIT
No. DESCRIPTION OF ITEM QTY UNIT PRICE AMOUNT
20 Ditch structure crossing 1 LS $30,000.00 $30,000.00
21 Rip-rap removal and reuse 754.7 SY $9.35 $7,056.44
22 Third party insurance coverage(rider amount) 1 LS $5,000.00 $5,000.00
REVISED CONTRACT AMOUNT $615,358.69
These changes result in the following adjustment of Contract Price and Contract Time:
CONTRACT PRICE prior to this Change Order: $ 638,384.70
Decrease Resulting from this Change Order: -$23,026.01
CONTRACT PRICE Including this Change Order: $615.358.69
Completion Time Prior to This Change Order: 300 Calendar days
Current Contract Completion Dates Including This Change Order: 300 Calendar days
The Foregoing Changes Are Recommended:
McCLELLAND CONSULTING ENGI RS, INC.
By:
Date: d k z d , 1998
The Foregoing Changes Are Accepted:
John P. Marinoni Construction Co.. Inc.
By: /72-
Date:
d ✓ 7ia , 1998
The Foregoing Changes Are Approved:
The City of Fayetteville
By: p/4pfrr4..._
Date: //.3/f h , 1998
G:\CHG-ORD\97\972137\CO-NUM2.WPD:sr
� y
FAYETTEVILLE'
THE CITY OF FAYETTEVILLE.ARKANSAS
DEPARTMENTAL CORRESPONDENCE
January 19, 1999
To: Dale Frederick, Airport
From: Heather Woodruff, City Clerk
RE: Change order for Marinoni Construction for the Runway 34 Extended Safety Area.
Dale, I have attached a copy of the completed staff review form and second change order with
Marinoni Construction Co. for the Runway 34 Extended Safety Area for your records. I am also
returning four signed change orders for you to distribute to the appropriate people.
As a reminder of our conversation earlier today, my records and the Internal Auditor's records
are missing the first change order for this contract. It is my understanding that the content of the
first change order was to allow the contractor more time to complete the project. Please forward
the staff review form and change order to my office as soon as possible.
Thank you for your assistance.
cc. File
Internal Auditor