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HomeMy WebLinkAbout49-76 RESOLUTIONa RESOLUTION NO. zjii#74- A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT A GRANT OFFER FROM THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, IN THE AMOUNT OF $269,858.00 FOR IMPROVE- MENTS TO DRAKE FIELD. WHEREAS, an application for federal assistance dated August 27, 1976 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal partici- pation in the cost of certain improvements at Drake Field; and WHEREAS, the FAA has issued a grant offer which, if duly accepted, provides a commitment of $269,858.00 in federal funds for development specified therein; and WHEREAS, it is determined to be in the best interests of the City of Fayetteville (termed "Sponsor" herein) to accept this grant offer. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FYAETTEVILLE, ARKANSAS: That Sponsor does hereby accept the provisions of said grant offer, a copy of which is attached hereto and incorporated herein for all purposes, and, to evidence this acceptance, the Mayor and City Clerk are hereby authorized and directed to execute the grant offer on behalf of Sponsor. PASSED AND APPROVED THIS cP4k4DAY OF , 1976. APPROVED: 1241444-4-4 , Y0 -1 Sr ATTEST: cittia-bw. LCUL,..LY-EuLtak CITY CLERK Oydr • • • COPY OF RESOLUTION BY (Name of Sponsor's Governing Body) ACCEPTING A GRANT OFFER vom • WHEREAS, an Application for Federal Assistance dated has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal participation in the cost of cer- tain improvements at Airport; WHEREAS, the FAA has issued a Grant Offer which, if duly accepted, pro- vides a commitment of $ in federal funds for develop- ment specified therein; and WHEREAS, it is determined to be in the interest of (termed "Sponsor" herein) to accept this Grant Offer; NOW, THEREFORE, BE 1T RESOLVED that Sponsor does hereby accept the pro- visions of said Grant Offer, a copy of which is attached hereto and in- corporated herein for all purposes,and, to evidence this acceptance, the (Title) is hereby authorized and directed to execute the Grant Offer on behalf of Sponsor. PASSED, ADOPTED, AND EFFECTIVE THIS day of 1 197 CERTIFICATION I do hereby certify that the foregoing is a true and correct copy of a resolution duly passed and adopted by Sponsor's Governing Body. (Date of Certificate) (Std. GO Reso-ASWRO-23 Dec.74) (Signature) (Printed/Typed Name and Title • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part l -Offer Date of Offer Page 1 of 4 pages SEP 23 1976 Drake Field Airport Project No. 6-05-0020-05 Contract No. DOT FA 76 SW -8045 TO: City of Fayetteville, Arkansas (herein referred to as the "Sponsor") FROM: The United States of America (actin;' through the Federal Aviation Administration, herein referred to as the "FAA") WIIEREAS, the Sponsor has submitted to the FAA i Project Application dated August 27, 1976 , frit a grant of Federal funds for a project for develop- ment of the Drake Field Airport (herein called the "Airport"), together woli plans and specifications fur such project, which Project Application, AS approved by the FAA is hereby ineorpor,,ted liercin and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (hercin called the "Prilject") consisting of the follilwing-descriherl airport development: Extend north parallel taxiway (40' x 1200'); construct midpoint taxiway (50' x 300'); extend terminal apron (approx. 3,430 S.Y.); and install NTRI. on runway 16/34 (approx. 6,000 L.F.). .1P as more pirticularly r! • bed ttL. 7,-.!.1i) and specificationi incorporated in the said Proje:t Atanii:ati•• FAA FORM 5100 13 PG 1 110 711 SUPPRSEDES FA n ;017M ::.37 PAGE 1 • • Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), 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 the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percent of allowable project costa. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $ 269,858 2. The Sponsor shall: (a) begin accomplishment of the Project within. . .ninety (90) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (1)) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM SI00-13 PG. 2 (7-721 SUPERSEDES PREVIOUS EDITION • PAGE 2 • Page 3 of 4 pages 5. The Sponsor shall operate and maintain the Airport as provided in the Application for Federal Assistance incorporated herein and specifically covenants and agrees, in accordance with its Assurance 20 in Part V of said Application for Federal Assistance that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be pay any part of the costs of the Project unless this Offer accepted by the Sponsor on or before September 30, 1976, or such subsequent date as may be prescribed in writing by obligated to has been the FAA. 8. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operation of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 9. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the Airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identifieL by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms cn the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CFR 21 Appen- dix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. 10. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance". SUPPLEMENT - FAA Form 5100-13 - Page 3 (ASWRO 3-19-75) • 1 • z Page 3a of 4 pages 11. The Airport development in this project will be that hereinabove set out and will be carried out as more particularly described on the property map attached to the project application dated September 2, 1971 for project 8-05-0020-01 and in plans and specifications which shall be submitted to FAA for approval as per Condition 18 herein. 12. It is further understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and in accomplishing any construction hereunder; further, that failure to so comply may result in suspension, cancellation or termination of Federal assistance under the Agreement. 13. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) and 60-1.8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 14. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 27, of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. 15. Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using ruch airport shall be subject to nondiscriminatory and substantially comparable rater, fees, rentals, and other charges and nondiscriminatory SUPPLEMENT - FAA Form 5100-13 - Page 3a (AWE° 8-19-76) •Il • • • • Page 3b of 4 pages conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable clas- sifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (g) each fixed base operator using a general aviation air- port shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities. Provision (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision (B) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 16. It is understood and agreed that no part of the Federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. 17. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, (a) The sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. (b) The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities. SUPPLEMENT - FAA Form 5100-13 - Page 3b (ASWRO 8-19-76) • • • Page 3c of4 pages (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d). 18. The Sponsor hereby covenants and agrees that it will not advertise for bids, award any contract, or commence construction for theitems of airport development to be accomplished under this project until it has submitted final plans and specifications satisfactory to the administra- tor and such plans and specifications have been approved. And it is further understood that the United States will not make nor be obliga- ted to make any payment for such items of airport development under this Grant Agreement until the Sponsor has submitted such plans and specifications and they have been approved as herein provided. The sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before 90 days from the date of this Grant Agreement. SUPPLEMENT - FAA Form 5100-13 - Page 3c (AWR° 8-19-76) • Page 4 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By (TITLE) Part II -Acceptance The City of Fayetteville, Arkansas does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of September By (SEAL,) , 19 76 . City of Fayetteville, Arkansas (Name of Sponsor) Title Attest• Title: CERTIFICATE OE SPONSOR'S ATTORNEY I, acting as Attorney for (herein referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws Of the State of . Arkansas and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of September FAA FORM 5100-13 PG 4110-111 SUPERSEDES FAA FORM 1632 PG 4 , 19.. Title City Attorney PAGE PAGE 4 • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part I -Offer Date of Offer Page I of 4 pages SEP 23 1976 Drake Field Airport Project No. 6-05-0020-05 Contract No. DOT FA 76 SW -43045 TO: City of Fayetteville, Arkansas (herein referred to as the "Sponsor") FROM: The United State; of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor Iris submitted to the FAA 't Project Application dated August 27, 1976 , r a grant of Federal funds for a project for develop- ment of the Drake Field Airport (herein called the "Airport"), 1m -e11 ier with plans and specifications fin Sllch project, which Project Application, as opproved by the EAA is hereby incorpmtth! ;ler :a 111:1 matIc a pint hereof; and UREAS, the FAA b.:s approved a project for developmeat of the Airport (hercin called the "Pr;)ject") consisting of the. following-desci died airport development. Extend north parallel taxiway (40' x 1200'); construct midpoint taxiway (50' x 300'); extend terminal apron (approx. 3,430 S.Y.); and install MIRL on runway 16/34 (approx. 6,000 L.F.). all as more particularly de-:;:ibet1 proper y nup and plans and specifications incorporated in the said Projet Appb:a FAA FORM 5100 13 PC 1 (10 71) 5UPERSEDES CAA is0;iM 1032 PG 1 PAGE 1 Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), 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 the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percent of allowable project costs. This Offer is made on and subject to the following terms and conditions: I. The maximum obligation of the United States payable under this Offer shall be $ 269,858 2. The Sponsor shall: (a) begin accomplishment of the Project within. . .ninety (90) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152 65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided that, in the event a setni-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 5100-13 PG. 2 (7.-72) SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 4 pages 5. The Sponsor shall operate and maintain the Airport as provided in the Application for Federal Assistance incorporated herein and specifically covenants and agrees, in accordance with its Assurance 20 in Part V of said Application for Federal Assistance that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be pay any part of the costs of the Project unless this Offer accepted by the Sponsor on or before September 30, 1976, or such subsequent date as may be prescribed in writing by obligated to has been the FAA. 8. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operation of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 9. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the Airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identified by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CFR 21 Appen- dix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. 10. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance". SUPPLEMENT - FAA Form 5100-13 - Page 3 (ASWRO 3-19-75) • • Page 3a of 4 pages 11. The Airport development in this project will be that hereinabove set out and will be carried out as more particularly described on the property map attached to the project application dated September 2, 1971 for project 8-05-0020-01 and in plans and specifications which shall be submitted to FAA for approval as per Condition 18 herein. 12. It is further understood and agreed that'FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and in accomplishing any construction hereunder; further, that failure to so comply may result in suspension, cancellation or termination of Federal assistance under the Agreement. 13. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) • and 60-1.8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1), (b) Comply with the provisions set forth in Appendix I, attached hereto. 14. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 27, of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. 15. Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory SUPPLEMENT - FAA Form 5100-13 - Page 3a (ASWN0 8-19-76) • Page 3b of 4 pages conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable clas- sifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed base operator using a general aviation air- port shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities. Provision (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision (8) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 16. It is understood and agreed that no part of the Federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. 17. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, (a) The sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. (b) The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities. SUPPLEMENT - FAA Form 5100-13 - Page 3b (ASWRO 8-19-76) La. • • • • • Page 3c of4 pages (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d). 18. The Sponsor hereby covenants and agrees that it will not advertise for bids, award any contract, or commence construction for theitems of airport development to be accomplished under this project until it has submitted final plans and specifications satisfactory to the administra- tor and such plans and specifications have been approved. And it is further understood that the United States will not make nor be obliga- ted to make any payment for such items of airport development under this Grant Agreement until the Sponsor has submitted such plans and specifications and they have been approved as herein provided. The sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before 90 days from the date of this Grant Agreement. SUPPLEMENT - FAA Form 5100-13 - Page 3c (ASWRO 8-19-76) • a • Page 4 of 4 pages the Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By (TITLE) Part ll -Acceptance The City of Fayetteville, Arkansas does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of September , 19 76 . City of Fayetteville, Arkansas (SEAL) Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY By (Name of Sponsor) Title I, , acting as Attorney for (herein referred to as the "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Arkansas and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of September FAA FORM 5100-13 PG 4110-71) SUPERSEDES FAA FORM 1632 PG 4 , 19.. 7§. Title City Attorney PAGE 4 • •• • • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 -Offer Date of Offer TO City of Fayetteville, Arkansas (herein referred to as tIi 'Sponsor") Page 1 of 4 pages SEP 28 1976 Drake Field Airport Project N. 6-05-0020-05 Contract No. DOT FA 76 SW -8045 FROM: The United States of Americ: (ac inn through the Federal Aviation Administration, herein referred to as the "FAA") WIIFREAS, the Sponsor hrs. [AC -omitted ro the FAA a Project Application dated August 27, 1976 , fru a grant of Feckral funds for a project for develop- ment of the Drake Field Airport (herein called the "Airport"). together L. kj . I i pfins and specifications frit such project, which Project Application, as :;proved by ff.? FAA is hereby incomorricil I: err:in nyl. uncls: part li reof.; and ?.11IITEAS, the FAA lics .irproved :• jrcHect for rlevelopireit J1. thc Airport fhercin called the "Project") consisting of the following-ilfsci Vicrl c L: trot J Jlevelopmcm Extend north parallel taxiway (40' x 1200'); construct midpoint taxiway (50' x 300'); extend terminal apron (approx. 3,430 S.Y.); and install MIL on runway 16/34 (approx. 6,000 L.F.). all as more particularly described in tlo. property ',Lip id pfins and specifications incorporated in the said Project Application; FAA FORM 5100 13 PG 1 (1011) SUPERSEDES r A A vonro 101' rC.:." 1 PAGE 1 s. Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), 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 the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percent of allowable project costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be S 269,858 2. The Sponsor shall: (a) begin accomplishment of the Project within. . .ninety (90) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 00 of the Regula- tions. 4 Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 5100-13 PG. 2 (7-72) SUPERSEDES PREVIOUS EDITION PAGE 2 • • • Page 3 of 4 pages 5. The Sponsor shall operate and maintain the Airport as provided in the Application for Federal Assistance incorporated herein and specifically covenants and agrees, in accordance with its Assurance 20 in Part V of said Application for Federal Assistance that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the Airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. 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, 1976, or such subsequent date as may be prescribed in writing by the FAA. 8. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operation of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 9. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the Airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identifiec by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CFR 21 Appen- dix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. 10. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specffications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance". SUPPLEMENT - FAA Form 5100-13 - Page 3 (ASWRO 3-19-75) • Page 3a of 4 pages 11. The Airport development in this project will be that hereinabove set out and will be carried out as more particularly described on the property map attached to the project application dated September 2, 1971 for project 8-05-0020-01 and in plans and specifications which shall be submitted to FAA for approval as per Condition 18 herein. 12. It is further understood and agreed that -FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and in accomplishing any construction hereunder; further, that failure to so comply may result in suspension, cancellation or termination of Federal assistance under the Agreement. 13. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) and 60-1.8(6) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 14. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 27, of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. 15. Assurance Number 18 of Part V of the project application incorpoiated herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rater, fees, rentals, and other charges and nondiscriminatory SUPPLEMENT - FAA Form 5100-13 - Page 3a (ASWE0 8-19-76)