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HomeMy WebLinkAbout88-81 RESOLUTION• RESOLUTION NO. ft A RESOLUTION AUTHORIZING THE FILING OF AN AMENDED GRANT APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE CONSTRUCTION OF IMPROVEMENTS AT DRAKE FIELD. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the amended Grant Application attached hereto marked Exhibit "A" and made a part hereof is hereby authorized for filing with the Federal Aviation Administration. PASSED AND APPROVED this jday of ,.`e� . ri''1ATTEST'ti>•-. -te '> sysik/W <K: CITY CIERK-- ', a ;r e C r1.},a+.. e `r :.r APPROVED: MAYOR , 1981. CEXalIFI Cj Yt off AtIcass 84272 <©!,,, I, Faietteville f Vrten ,. reoorLL "oet al vg J a for Cite t r Of crcertify that the City of F Srk and . PPS or in `h ann aye tevuk ffieib d e t n {fi n Y of,'7ce xe:t of' foa> to frets /� encs F, : and the same baIId_"'— ...Qtt peg. YS®e'9 t ou th Ke att.'? -.y WttnessMY astO'rt.ivcED Page 1 of: & pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 -Offer Date of Offer SEP 1 7 1881 Drake Field Project No. 6-05-0020-11 Contract No. DOT FA 81. SW -8350 TO: City of Fayetteville, Arkansas (herein referred to as the "Sponsor") Airport 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 (herein called an Application for Federal Assistance) dated September 1, 1981 , fora grant of Federal funds for a project for development of the Drake Field 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: Construct taxiway (approximately 40' x 1250') and aircraft parking apron (approximately 20,600 SY). all as more particularly described in the property map and plans and specifitatidi incor- porated in the said Application for Federal Assistance. '', FAA FORM 5100-37 PG. 1 (3.78) SUPERSEDES FAA FORM 5100-13 Page 2 of 5 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 et seq.),and in consideration of (a) the Sponsor's adoption and: ratification of the representations and assyrances contained in said Application for Federal Assistance, 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 ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percent of all allowable project coats. • 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 $ 349,934 2. The Sponsor shall: a. begin accomplishment of the Project within Ninety 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, as amended, and the Regulations of the FAA (14 CFR Part 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter refer- red to as the "Regulations"; c. carry out and complete the Projectin accordance with the plans and specifica- tions and property map, incorporated herein, as they may be revised or modified with the approval of the FAA; d. submit all financial reports on an accrual basis and if records are not maintain- ed on an accrual basis, reports may be based on analysis or records or best estimates as required by the Regulations; e. monitor performance under the Project to assure that time schedules are being met, projected work units by time periods are being accomplished, and that other performance goals are being achieved as established by the Regulations. FAA FORM 6100.37 PG. 2 13-78) SUPERSEDES FAA FORM 6100.13 • r n Page 3 of. pages 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 the Regulations. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of the Regulations. 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. The grant closeout requirements will be in accordance with the Regulations. 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, and Section 30 of the Airport and Airway Development Act, as emended, 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 by reason of race, color, creed, national origin or sex in the use 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 pey any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1981 8. The sponsor agrees to comply with the Part V, Assurances, attached to this offer which replaces the Part V, Assurances, that accompanied the Application for Federal Assistance. 9. It is agreed that the Sponsor'$ assurances pertaining to compliance with 49 CFR Part 21, and Title VI of the Civil -Rights Act of 1964, attached to the Application for Federal Assistance attached hereto are hereby made a part of this Grant Agreement. 10. The property map referred to on Page 1 of this Grant Agreement is the pro erty map attached to the Application for Federal Assistance (or project application) dated September 2, 1971 for Project No. ADAP 6-05-0020-01. 11. The plans and specifications referred to on Page 1 of this Grant Agreement are the preliminary plans submitted to the FAA od August 17, 1981. 12. It is understood and agreed that the sponsor shall not advertise for bide nor start construction until the final plane and specifications have been approved by the FAA. FAA Form 5100-37 Page 3 (8-81) Page 4 of 5• pages It ie further understood that the United States will not be obligated to make any payments for any item of work or development under this Grant Agreement until the sponsor has submitted such plans and specifications and they have been approved as herein provided. 13. Pursuant to paragraph 27 of Part V, Assurances, of the application dated September 1, 1981, the sponsor hereby covenants and agrees to furnish the Federal Government without coat, within four months after written request therefor, such estates or interests in such lands or rights in buildings as are deemed necessary by FAA for the construction and operation on the air- port of the structures or facilities set forth below, provided the respective areas of land and/or buildings deemed adequate by FAA for such purposes are available without the necessity for removing or relocating other facilities and are within the geographic boundaries of the airport at the time request therefor is made by the FAA; together with rights of ready access in and to such areas or buildings for construction, occupancy and use and the right to connect to existing utilities andto be furnished the utility services required to the extent of available capacity at no more than prevailing rates. The facilities or structures involved and the maximum area of land or rights in buildings, the sponsor ie obligated to furnish for each are as follows: Airport traffic control tower - approximately two acres However, it is agreed and understood that the rights of the United States to cost free areas obtained under unexpired grant agreements with the sponsor are extended for twenty years from the date of this grant agreement. Furthermore, the responsibility for paying the coat of relocating any facilities located in such cost free areas shall be made in accordance with Advisory Circular 150/5300-7B, FAA Policy on Facility Relocations Occasioned by Airport Improvement or Changes. • FAA Form 5100-37 Page 4 (8-81) • I • Page S of :5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Application for Federal Assistance incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, as amended, 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 accept- ance, provided, however, that this time limitation shall not apply to real property acquired with federal assistance. • UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By i2F C. c1 c (Title) Chief, Oklahoma City Airports District Office, FAA, Southwest Region Part II - Acceptance The City of Fayetteville, Arkansas does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Application for Federal Assistance and incorporated materials referred to in the foregoing Offer and does hereby accept said Offerand by such acceptance agrees to all of the terms and conditions thereof. Executed this (SEAL) Attest:....". iggF, J Title: City Clerk oj / day of ` .1,2' ei., 096 1 F�1 f: roycttn'ffk@F .?i1}@8Q or) By. Title..../ k1eY9T CERTIFICATE OF SPONSOR'S ATTORNEY submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. I, , acting as Attorney for the City of Fayetteville (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 authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Arkansas and the Regulations 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 Fayetteville, Arkansas this / day of h FAP FORM 510037 PG 513761 SUPERSEDES FAA FORM 510413 ills City Attorney i PART V • • ASSURANCES The applicant hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements including Office of Management and Budget Circulars No. A-95 (41 FR 2052), A-102 (42 FR 45828), and FMC 74-4 (39 FR 27133; as amended by 43 FR 50977), as they relate to the application, acceptance, and use of Federal funds for this Federally assisted project. Also, the applicant gives the assurance and certifies with respect to the grant that: 1. Authority of applicant. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings- and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. E.O. 11926 and E.O. 11288. It will comply with the provisions of: Executive Order 11296, relating to - evaluation of flood hazards, and Executive Order 11288, relating to the prevention, control, and abatement of water pollution. 3. Sufficiency of funds. It will have sufficient funds available to meet the non -Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purposes constructed. 4. Construction. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior approval changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant programs(s) have been met. 5. Supervision, inspection, and reporting. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may require. 6. Operation of facility. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance and operation of such facilities. T. Access to records. It will give the grantor agency and the Comptroller General, through any authorized repre- sentative, access to and the right to examine all records, books, papers, or documents related to the grant. .i 8. Access for handicapped. It will conduct its programs and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no quali- fied handicapped person shall, solely by reason of his or her handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any grant program or activity that receives funds or benefits from this grant. The sponsor further assures that its programs will be conducted and its facilities operated, in compliance with the requirements imposed by or pursuant to 49 CFR Part 27. 9. Commencement and completion. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. 10. Disposition of interest. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11. Civil Rights. It will comply with Title VI of the Civil Rights Aot of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this. agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. FAA Form 5100-100 (8-81) Page 6 • • 12. Private gain. It will establish eafeguarde to prohibitemployeesfrom ueing their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. Relocation assistance. It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. 14. OMB Circular A-102. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with Office of Management and Budget Circular No. A-102. 15. Hatch Act. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. Federal Fair Labor Standards Act. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 17. Effective date and duration. These covenants shall become effective upon acceptance by the Sponsor of an offer of Federal aid for the Project or any portion thereof, made by the FAA and shall constitute a part of of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under this Project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the Project. However, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights and real property acquired with Federal funds. Any breach of these covenants on the part of the sponsor may result in the suspension or termination of, or refusal to grant Federal assistance under, FAA administered programs, or such other action which may be necessary to enforce the rights of the United States under this agreement. 18. Conditions and limitations on airport use. It will operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes. Provided, that the Sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the Airport; And Provided Further, That the Sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 19. Exclusive right. It' a. Will not grant or permit any exclusive right forbidden by Section 306(a) of the Federal Aviation Act of 1958 (49 U S C Section 1349(a)) at the Airport, or at any other airport now owned or controlled by it; b. Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. c. Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Development Act. 20. Public use and benefit. It agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of the covenant (but -without limiting its general applicability and effect), the Sponsor specifically covenants and agrees; a. That in its operation and the operation of all facilities on the Airport, 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. FAA Form 5100-100 (8-81) Page 7 • • b. That in any agreement, contract, lease or other arrangement under which a right or privilege at the Airport 1s granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will insert and enforce provisions requiring the contractor -- (1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. That it will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. d. In the event the sponsor itself excercises any of the rights and privileges referred to in subsection b, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under the provisions of such subsection b. 21. Nonaviation activities. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical nature or to obligate the sponsor to furnish any particular nonaeronautical service at the airport. 22. Operation and maintenance of the airport. It will operate and maintain in a safe and serviceable condition the airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes; provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance; And Provided Further, That nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in effect at all times arrangements for -- a. Operating the airport's aeronautical facilities whenever required; b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and c. Promptly notifying airmen of any condition affecting aeronautical use of the airport. 23. Airport hazards. Insofar as it is within its power and reasonable, the sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the airport, which would constitute an airport hazard. In addition„ the sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the airport, in any portion of a runway approach area in which the sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 24. Use of adjacent land. Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interest in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action 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. 25. Airport layout plan. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and .(3) the location ofall existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each+amendment, revision, or modification thereof, shall be subject to the approval of the FAA, which approval shall be evidenced by the signature of a duly authorized representative of the FAA on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities other than in conformity with the airport layout plan as so approved by the FAA, if such changes or alterations might . adversely affect the safety, utility, or efficiency of the airport. • 26. Federal use of facilities. A11 facilities of the airport developed with Federal aid and all those usable for the landing and taking off of aircraft, will be available to the United States at all times, without charge, for use by government aircraft in common with other aircraft, except that if the use by government aircraft FAA Form 5100-100 (5-81) Page 8 • is substantial, a reasonable share, proportional to such use, of the Dost of operating and maintaining. facilities so used, may be charged. U,ilees otherwise determined by the FAA, 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 FAA, would unduly Interfere with use of the landing area by other authorized aircraft, or during any calendar month that -- a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement and each takeoff as a movement) of government aircraft is 300 or more, or the gross accumulative weight of government aircraft using the airport (the total movements of government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 27. Areas for FAA use. Whenever so requested by the FAA, the sponsor will furnish without cost to the Federal Government, for construction, operation, and maintenance of facilities for air traffic control activities, or weather reporting activities and communication activities related to air traffic control, such areas of land or water, or estate therein, or rights in buildings of the sponsor as the FAA may consider necessary or desirable for construction at Federal expense of space or facilities for such purposes. The approximate amounts of areas and the nature of the property interests and/or rights so required will be set forth in the • grant agreement relating to the project Such areae or any portion thereof will be made available as provided herein within 4 months after receipt of written requests from the FAA. 28. Fee and rental structure. The airport operator or owner will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at the airport, taking into account suoh factors as the volume of traffic and economy of collection. 29. Reports to FAA. It will furnish the FAA with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or may be submitted in such manner as the sponsor elects so long as the essential data are furnished. The airport and all airport records and documents affecting the airport, inoluding deeds, leases, operations and use agreements, regulations, and other instruments, will be made available for inspection and audit by the Secretary and the Comptroller General of the United States, or their duly authorized representatives, upon reasonable request. The sponsor will furnish to the FAA or to the General Accounting Office, upon request, a true oopy of any such dooument. 30. System of Accounting. A11 project accounts and records will be kept in accordance with a standard system of accounting if so prescribed by the Secretary. 31. Interfering right. If, at any time, it is determined by the FAA that there is any outstanding right or claim of right in or to the airport property, other than those set forth in Part II of the Application for Federal Assistance, the existence of which creates an undue risk of interference with the operation of the airport or the performance of the covenants of this Part, the sponsor will acquire, extinguish, or modify such right or claim of right in a manner acbeptable to the FAA. 32. Performance obligation. It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency found by the FAA to be eligible under the Act and regulations to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor" will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the . Act, the regulations and these covenants. 33. Meaning of terms. Unless the context otherwise requires, all terms used in these covenants which are defined in the Act and the regulations shall have the meanings assigned to them therein. 34. Audit. It will provide for audit of this grant project to be made in accordance with Attachment P of Office of Management and Budget Circular A-102. 35. Section 30. a. It will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. The sponsor assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. The sponsor assures that it will require that its covered organizations provide assurance to the sponsor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. FAA Form 5100-100 (8-81) Page 9 • • • b. It agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR Part 152, Subpart E, as part of the affirmative action.program or by any Federal, State, or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. The sponsor agrees that State or local affirmative action plans will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. The sponsor agrees to obtain a similar assurance from its covered organizations, and to cause them to require a similar assurance of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. 36. Minority Business Enterprise (MBE) a. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. b. The sponsor or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the sponsor or its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The sponsor and its contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. o. If, as a condition of assistance, the sponsor has submitted and the Department has approved a minority business enterprise affirmative action program which the sponsor agrees to carry out, this program is incorporated in this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the sponsor of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures which may affect the ability of the sponsor to obtain future DOT financial assistance. d. The sponsor agrees to advise such subreoipient, contractor, or subcontractor that failure to carry out the requirements in 49 CFR Part 23, paragraph 23.43(a), shall constitute a'breaoh of contract and, after notification of the Department, may result in termination of the agreement or contract by the sponsor or such remedy as the sponsor deems appropriate. e. Concerning lessees, the sponsor agrees that it shall not exclude MBEs from participation in business opportunities by entering into long-term, exclusive agreements with non -MBEs for the operation of major transportation -related activities or major activities for the provision of goods and services to the facility or to the public on the facility as set forth in 49 CFR Part 23• 37. Equal Opportunity Clause. a. It agrees that it will be bound by the equal opportunity clause of 41 CFR Part 60-1.4 with respect to its own employment practices when it participates in Federally assisted construction work: provided that if the applicant so participating is a state or local government, the equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such Government which does not participate in work on or under the contract. b. It agrees that it will assist and cooperate actively with the FAA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the FAA and the Secretary of Labor such information as may be required for the supervision of such compliance, and that it will otherwise assist the FAA in the discharge of the agency's primary responsibility for securing compliance. 0. It further agrees that it will refrain from entering into any oontraot or contract modification, subject to Executive Order 11246, of September 24, 1965, with a oontraotor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will oarry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and suboontraotora by the FAA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the sponsor agrees that if it fails or refuses to comply with these undertakings, the FAA may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insuranoe guarantee); refrain from extending any further assistance to the sponsor under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. FAA Form 5100-100 (841) Page 10 Ij Violating facilities. It will inaure that the facllitiea under its ownera„ip, lease, or auperrlelon whloh shall be utilized in the accomplishment are not listed on the Environmental Protection Agenoy'a (EPA) list of violating facilities and that It will notify the Federal grantor agency of the receipt of any oommunioation from the Director of the EPA Office of Federal aotivitlee indicating that a facility to be utilized in the project is under consideration for listing by the EPA. 39. Flood insurance. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Meister Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2. 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having apeoial.flood hazards. The phrase "Federal financial assistance^ includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 40. Historic preservation. It will assist the Federal grantoragencyin its compliande with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 41. Rates for Air Carriers and Fixed Base Operators.' It agrees 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 conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, Subject t0 reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (b) eadh fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities; provision (a) above, shall net require the reformation of any lease or other contract entered into by a sponsor befere July 12, 1976; provision (b) above, shall not require the reformation of any lease or other oontraot entered Into by a sponsor before July 1, 1975. 42. Computation of Rates. 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.0 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. FAA Porn 5100400 (8-81.) Page 11 OMD Aprrcvnl No. 29-R0218 424-101 Prewawl by GSA. Fa4fW Management Circle/sr 14-7 d • items. ity. FEDERAL ASSISTANCE APPLI• CANTS a. NUMBER 80-159 ]. 6TATE APPLICA. VIUNBER : - A 1 L TYPE OF -❑ PlIFJIPPLICITION ACTION ❑ APPLICATION APPLI. CATION b. DATE Year month dal,ID[NTI. 19 81 9 TION FIER D. DATE Year `rnontA day ASSIGNED 19 p(.Maarkatp. ❑ NOTIFICATION OF INTENT(Opts)Gave bo+) I REPORT OF FEDERAL ACTION Blank 4. LEGAL APPLICANT/RECIPIENT a. ApNlam ltame : City of Fayetteville 5. FEDERAL EMPLOYER IDENTIFICATION NO. bomnlsnron uaD : Same e. Street/P.O. Baa : P.O. Drawer F 6. PRO. e. HUMUS 1 21 0I. 111 01 21 d. Cy : Fayetteville a. county : I. State : Arkansas g. 21PCda: b. Contact Penn (Name Don Grimes, .City Manager C telephone No.) : (501) 521-7700 Washington 72701 r GRAM F.ee.�( Catalog) b. TITLE Airport Development A: 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT Drake Field Improvements. This project P P ] of construction of an aircraft parking ways for proposed T -hangers, a connecting'taxiwayy"y consists apron, taxi- 0. TYPE OF APPLICANT/RECIPIENT A sues ....mt., gbnEd Anon.Iion Institution B-latanuta I- Higher Educational Institution TrSubstata 1 -Indian (ENS Dlorkt K -01M (Specify): Spa to the existing east taxiway, and an access road. automobile o.°a1�" , District Enter appropriate lain ......LLL 9. TYPE OF ASSISTANCE A-Bnk Grant D-Intunnce E-0Other C -Supplemental Grant appro. C-lotn Rainer (pro. prints 1 A 10. AREA OF PROJECT IMPACT I.Ncmcs 0 cities, oourtise, States, etch) 11. ESTIMATED NUM- BER OF PERSONS BENEFITING • 12. TYPE OF APPLICATION A -New C-RnI,loo 6 -Augmentation S-Ranawat 0 -Continuation �--t Enter appropriate Utter'„ I 41 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For Ito or tee) ., y[p1RALe. $ 378 , 360 .00B APPLICANT D. PROJECT A-Incnoe" Delle F -Other (Spic fy) t Deuean Gollsra b. APPLICANT 32,040 3rd 3rd � u:no orality Revisions to work .00 a. STATE 10`000 16. PROJECT START 17. PROJECT E -Cancellation halalDATE Year day DURATION Enter °pare• d. LOCA. month 19 81 10 1 12 Montle Prieto tetter(t) FI .00 1. OTHER ,00 113. ESTIMATED DATE TO BE SUBMITTED TO Year month dap 19. EXISTING FEDERAL IDENTIFICATION NUMBER L mrAL $ 420.400 mR1 FEDERAL AGENCY to 19 9 2 80-6-05-0020 20. FEDERAL DOT/FAA AGENCY Oklahoma TO RECEIVE REQUEST (Noma. City. State. City, Airports District ZIP code) 73008 Office, Bethany OK 21. REMARKS ADDED fl Yoe ® No 22. THE APPLICANT CERTIFIES THAT► a. To On best of my knovAdge and ballet, data In this prapplication/oppilation are true end correct, the document he. been b. It required dtuctlons thtnln. Responses by OMB Mauls( A-9$ NY appliatlon was tubulated. pursuant to In. No re- - Response to appropriate cludnlhousa and all misnames an attached: names attached will be forwarded to FAA when received l 1 duty aathodad by the eonnln$ body of Ne applicant end the eppllcoM wen comply d an"eta-if M. 41311E with the athcb.au no 11 .ppwed. LwNorthwest (*Arkansas (3) LI Arkansas Regional Planning Comm Qsion 0 Department of Local Services 0 0 23. CERTIFYING REPREP SD1TATIVE a. TYPED NAME MD TITLE - Paul Noland;: Assistant Mayor SIGNANRE �J i �3 % ' /�%%0 //p _ • alt_( ,. ,/a -(, f.1/7Z . ll c. DATE SIGNED ]ear month day 19 i0, E14e�j❑ i❑ 24. AGENCY NAME 25. APPLICA• year month day TION RECEIVED 19 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 28. FEDERAL APPLICATION IDENTIFICATION >(9, ADDRESS 30. FEDERAL GRANT IDENTIFICATION 113. ACTION TAKEN 32. FUNDING Year - month day 34. Year month day ❑ a. AWARDED a. FEDERAL $ .00 33. ACTION DATED 19 STARTING DATE 19 b. RE)ECFFD b. APPLICANT .00 35. CONTACT FOR ADDITIONAL INFORM# TION tdepho.. 36. Year month day 0 Is MIMED FOR Y. STATE .00 (Name and number) ENDING DATE 19 AITERDRENT d. LOCAL 00 37. REMARKS ADDEO d. DEWED a OTHER .00 ❑ w wiTNORAWN 1. TOTAL 5 .00 0 You flNo 33. FEDERAL 4415 AGENCY ACTION 4. In taking abort actkae eny comments rerai,d nm darinahaum wore con. aldard. Il agency myons. Is duo under provisions of Pin 1, OMB Circular A-25, 1t au ban or N belay made. b. FEDERAL AGENCY A -9S OFFICIAL (Name and telephone ova) 424-101 Prewawl by GSA. Fa4fW Management Circle/sr 14-7 d • items. ity. 'DEPARTMENT OF TRANSPORTATION - FEDER0 'VIATION ADMINISTRATION DMe NO, ilO RO184 PART 11 PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Name of Governing Body Priority Rating Item 2. Does this assistance request require State, or local advisory, educotional or health clearances? • Name of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistonce request require clearinghouse review (Attach Comments) In accordance with OMB Circular A-95? Comments will be forwarded to FAA XYes No when received by City. Item 4. Does this assistance request require State, local, regional or other planning approval? Yes —1S__ No Nome of Approving Agency Dote Item 5. Is the proposed project covered by an approved Check one: State r� comprehensive plan? Local Regional [� Yes X No Location -of plan :Item 6. Will the assistance requested serve a Federal installation? Yes X Nome of Federal Installation No Federal Populotion benefiting from Project Item 7. Will the assistance requested be on Federal land or installation? Yes x Name of Federal Installation Location of Federal Land No Percent of Project 'Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be 'on the environment? provided. „ Yes X No Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or forms? Yes X No Number of: Individual s Families Businesses Farms • Item 10. Is there other related Federal assistance on this project previous, pending, or anticipoted? u Yes x No See instructions for additional information to be provided. FAA Form 5100.130 16731 SUPERSEOES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 QEPARTMENT'OF TRANSPORTATION— FEDERAL AVIATION ADMINISTRATION PART 11 : SECTION C OMB NO. 04.80209 The Spon.'or hereby represents and certifies as follows: I. 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 a Drake Field Zoning and restricts all land use activities in the ordinance was adopted November 20, 1961. Ordinance No. 1278 which regulates vicinity of Drake Field. This 2. Defaults,—The Sponsor is not in default on any obligation 16 the United States or any agency of the United States Govern. merit relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities.—There are no (acts or circumstances (including the existence of effective or proposed leases. use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the it provisions of Part V of this .application. either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land.—(a) The Sponsor holds the following property interest in the following areas of land which are to be developed or used as part of or in connection with the .Airport. all of which areas are identified on the aforementioned property' map designated as Exhibit "A": (1) Fee simple title free and clear of any exception, encumbrance, or out- standing interest which would interfere with use of the land's surface or the airspace above it for (A) airport or air navigation purposes, or, when no longer needed for such purposes, for (B)_any other purpose, use or disposition authorized or required by Attachment N to CMS Circular A-102, to * Tract No. 1: Sponsor owns fee simple title to Tract No. 1. This title was approved under FAAP Projects -701, -5902, and -6003. There has been no change in title since last legal review except for normal aeronautical leases.. Shown on Property Map, Exhibit "A", Project 6-05-0020-01. (2) Easements to * Tracts No. 2, 3, and 4: Easements for installation of NAVAIDS or other property interest satisfactory to the Administrator, being acquired under ADAP-01 Project. Shown on Property Map, Exhibit "A", Project 6-05-0020-0,. rldentify by TNACi'/PARCEL/IAT, and NUMBER as shown in Ebchibit "An. If "tone", so state No additional reference to EJdtibit "A" needed. FAA Form 5100-100 (4-76) Page 3a ASWIV (Jan/79) DEPARTMENT OF TRANSPORTATION — FEDERAL. AVIATION ADMINISTRATION PART 11 - SECTION C (Continued) OMB 140. O4.80209 The Sponsor further 'certifies that the above is based nn a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable lime, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": • (1) Fee simple title free and clear of any exception, encumbrance, or out- , standing ut,standing interest which would interfere with use of the land's surface or the airspace above it for (A) airport or air navigation purposes, or, when no longer needed for such purposes, for (B) any other purpose, use or disposition authorized or required by Attachment N to OMB Circular A-102, to * None (2) Easements to * 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 property interest in the following areas of land "which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project. all of which areas are identified on the aforementioned • property map designated as Exhibit "A": (1) Fee simple title free and clear of any exception, encumbrance, or out- standing interest which would interfere with use of the land's surface or the airspace 'above it for (A) airport or air navigation purposes, or, when no longer needed for ,such purposes, for (B) any other purpose, use or disposition authorized or required by Attachment N to OMB Circular A-102, to * None (2) Easements to * None 5. Exclusive Rights. -There is no "rant of are exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Jponsor except as follows: None * Identify by TRACT/PARCEL/LOT, and NUMBER as Shown in Exhibit "A". IT "none", s0 state No additional reference to Exhibit "A" needed. . FAA Form 5100-100 (4-76) Page 3b ASWIO (Jan/79) LEFART,MENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRAT IG • PART III - DGET INFORMATION - CONSTRUC 't•4 SECTION A - GENERAL - 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20.102 SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification use only for revisions Total Amount Required Latest Approved Amount. Adjustment ' + or (-) 1. Administration expense S S S 2. Preliminary expense 3. Land,structures, right-of-way 4. Architectural engineering basic fees 24.715 5. Other architectural engineering fees 6. Pioject inspection lees 13,310 7. Land development • 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 331,240 12.. Equipment 13. Miscellaneous Testing 1,500 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Eiclusions 18. Add: Contingencies 49,635 19. Total Project Amt. (Excluding Rehabilitation Grants) 420,400 .20. Federal Share requested of Line 19 378, 360 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 378,360 23. Grantee share 1 32,040 24. Other shares (State) 10,000 25. Total project (Lines 22, 23 & 24) S 3 5470 400 FAA Form 5100.100 16 731 SUPERSEDES FAA FORM 5100 •10 PAGES 1 THRU 7 REV. 9-1-81 Page 4 DEPAP.TMENT OF TRANSPORTATION. FEDERAlc 'ATION ADMINISTRATION • OOB NO fl Ote4 J SECTION C — EXCLUSIONS Cl assil ication 26 Ineligible for Participation (1) E.c hided from Contingency Provision (2) a. - S S c.. d. e. f. a. Totols E S SECTION D — PROPOSED METHOD.OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash ' g. Other (Explain) General Fund Reserves 32, 040.00 h. TOTAL — Grantee share 2R. Other Shares a.State Arkansas Divison of Aeronautics Grant* 10,000.00 b. Other 0 c. Total Other Shares 10.000.00 29. TOTAL s 42,040.00 *Contingent upon State grant application approval. See letter from .State previously submitted. SECTION E — REMARKS 1. Title VI Assurance, attached hereto is incorporated herein. 2. The Exhibit "A" for ADAP Project 8-05-0020-01 is incorporated herein by reference. 3. Plans and Specifications will be submitted to FAA for'approval, incorporated herein by reference. PART IV PROGRAM NARRATIVE (Attach — See Instructions) FAA 'Form 5100.100 46.731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Rev. 9-1-81 PAA AC 75-0232 Page 5 • • • • • DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION PART V ASSURANCES The applicant hereby assures and•certifies that hewill comply with the regulations, policies, guidelines and requirements, including Office of Management and Budget Circulars Nos. A-87, A-95, and A-102, as they relate to the application, acceptance and use of Federal funds for this federally -assisted project. Also, the applicant gives assurance and certifies with • respect to the grant that: 1. It possesses legal authority to apply for the grant, and to financeandconstruct the proposed facilities; that a resolu- tion, 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 under- standings and assurances contained therein, and directing and authorizing the person identified as the official repre- sentative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Execu- tive Order 11288, relating to the prevention, control, and abatement of water pollution. 3. It will have sufficient funds available to meet the non- federal share of the cost for construction projects. Suffi- cient funds will be available when construction is com- pleted to assure effective operation and maintenance of the facility for the purposes constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications be- fore the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior ap- proval changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant pro • - gram(s) have been met. 5. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work con- forms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may require. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or pre- scribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller Gen- eral through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Build- ings and Facilities Accessible to, and Usable by, the Physi- cally Handicapped," Number A117.1-1961, as modified (41 CFR 101.17.703). The applicant will be responsible for conducting inspections' to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced with- in a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. - 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which- ever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88.352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participa- tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which' the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is pro- vided or improved with the aid of Federal financial assis- tance extended to the Applicant, this assurance shall obli- gate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or bene- fits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the ap- pearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13, It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons dis- placed as a result of Federal and federally assisted pro- grams. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative re- quirements approved in accoluance with Office of Manage- ment and Budget Circular No. A-102. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution em- ployees of State and local governments. FAA Form 5100-100 16-731 SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 6 • i 'DEPARTMENT OF TRANSPORTATION - IEDERA. AVIATION £DMINISTRATIDM SPONSOR ASSURANCES 17. These covenants shall become effective upon acceptance by the Sponsor of an offer of Federal aid for the Project or any portion thereof, made by the FAA -and shall constitute • part of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under this Project. but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the Project. How- ever, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights or to real property acquired with Federal assistance. Any breach of these cove- nants on the part of the Sponsor may re- sult in the suspension or termination of, or refusal to grant Federal assistance un- der FAA -administered programs, or -such other action which may be necessary to en- force nforce the rights of the United States under this agreement. 18. The Sponsor -will operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the Airport open to all types. kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types. kinds, and elasses. Provided; That the Sponsor may establish such fair, equal. and not unjustly discrimina- tory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Air- port; And Provided Further, That the Sponsor may- pro- hibit or limit any given type, kind, or clans of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil avia- tion needs of the public. 19. The Sponsor— a. Will not grant or permit any exclusive right for- bidden by Section 308(a) of the Federal Aviation Act of 19S8 (13 U.S.C. 1349(a)) at the Airport, or at any other airport now owned or controlled by it; . b. Agrees that, in furtherance of the policy of the FAA under this Covenant, unless authorized by the Administra- tor, it will not. either directly or indirectly, grant or per- mit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or ton- • trolled by it, to conduct any aeronautical activities, in- •cluding. but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, serial advertising and surveying, air carrier op- erations. aircraft sales and services, sale of aviation petro- leum products whether or not conducted in conjunction with other aeronautical activity. repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. e. Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or o'1, or both, granted before July 17. 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now'existing at auch an airport before the grant of any assistance under the Airport and Airway Development Act. 20. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable FAA Form 5100-100 (4-76) ASNRO (Dec/78) ora WO. OA -MOM terms, and without unjust discrimination. In furtheranee of the Covenant (but without limiting its general applicability .and effect), the Sponsor specifically covenants and agrees: a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying span or facilities thereon will discriminate against any person or class of persons by reason of rare. color, creed, or national .origin in the use of any of the facilities provided for the public on the Airport. b. That in any agreement. Contract, lease, or other ar- rangement under which a right or privilege at the Airport is granted. to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsorwiil in-. sert and enforce provisions requiring the contractor: (1) to furnish maid service on a fair. equal, and not unjustly discriminatory basis to all users thereof, and ' (2) to chargefair, reasonable and not unjustly dis- criminatory- prices for each unit or service; Pro- vided. That the contractor may be allowed to make reasonable and nondiscriminatory discounts, n - bates, or other similar types of price reductions to volume purchasers. c. That It will not exercise or grant any right or priv- ilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from per- forming any services on its own aircraft with its own employees (including. but not limited to maintenance and repair) that It may choose to perform. • d. In the event the Sponsor itself exercises any of the rights and privileges referred to in subsection b, the serv- ices involved will be provided on the same conditions as would apply to the furnishing of such services by con- tractors or concessionaires of the Sponsor under the pro- visions of such subsection b. 21. Nothing contained herein shall be construed to pro- hibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any serv- ice of a nonaeronautical nature or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport. 22. The Sponsor will operate and maintain in a Rafe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for air- port purposes: Provided. That nothing contained herein shall be construed to require that the Airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such opera- tion and maintenance; And Provided Further. That nothing herein shall be construed as requiring the maintenance. re- pair, restoration or replacement of any structure or facility which is substantially damaged or destroyed due to an an of Cod or other condition or circumstance beyond the con- trol of the Sponsor. In furtherance of this covenant the Sponsor will have in effect at all times arrangements for: a. Op'rating the airport's aeronautical facilities when- ever required. b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions, and " e. Promptly notifying airmen of any condition affecting aeronautical use of the Airport. Pa9. 7