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HomeMy WebLinkAbout76-83 RESOLUTIONRF.SOTJTT.T(1N-NQ, '7b-23 i1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH IMPROVE- MENTS TO THE FAYETTEVILLE MUNICIPAL AIRPORT UNDER FEDERAL AVIATION ADMINISTRATION GRANT"AGREEMENT FOR PROJECT NO. AIP3-05-0020-04 CONSISTING OF AIRCRAFT PARKING APRONS, CONNECTING TAXIWAY, AND AREA LIGHTING. BE IT..RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: /- That the Mayor and City Clerk are hereby authorized and directed to -execute a contract with McClelland Consulting Engineers, Inc. for engineering services connection with improvements to the Fayetteville Municipal Airport under Federal Aviation Administration Grant Agreement for Project No. AIP3-05-0020-04 consisting of aircraft parking apronsc;con- necting taxiway, and area lighting. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of a APPROVED: By: June , 1983. , AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this 21st day by and between CITY OF FAYETTEVILLE, ARKANSAS, OWNER, and McCLELLAND CONSULTING ENGINEERS, hereinafter referred to as the ENGINEER. of June hereinafter referred INC., Fayetteville, , 1983, to as the Arkansas, The OWNER desires to construct aircraft parking apron extensions and certain related lighting improvements at the Fayetteville Municipal Airport, known as Drake Field, situated in the City of Fayetteville, Washington County, State of Arkansas, and the ENGINEER agrees to perform the professional engineering services, required for same. This work is to be performed in conjunction with the Federal Aviation Administration Grant Agreement for Project No. AIP 3-05-0020-04. WITNESSETH: That for and in consideration of the mutual covenants and agreements between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1. .Arranging and coordinating meetings with the Federal Aviation Administration to facilitate execution, review, and approval of the work. 2. Providing topographic mapping of the immediate planning area, to include: A. A map of the vicinity topography, at an appropriate scale, with 1' contour intervals, corrected for distortion. B. Cross-sections at approximately 50 -foot stations. 3. Mapping all known existing underground utilities, structures, etc., in the immediate area. 4. Designing and specifying earthwork, paving, site drainage, and related work required to construct the following improvements: A. An aircraft parking apron on the East side, approximately 26,500 square yards in area; EXHIBIT A .. i • k B. An aircraft parking apron on the West side, approximately 4,400 square yards in area, plus a connecting taxiway; and Apron lighting for the East side apron, discussed in Section A.4.A., immediately hereinbefore. 5. Formulating construction cost estimates for all proposed developments associated with the work, said estimates being related to the proposed schedule of development and based upon forecasted construction costs. The ENGINEER has no control over prices of labor, equipment and supplies, or of the Contractor's method of determining prices, and therefore does not guarantee any cost estimate provided to the OWNER. Said estimates will be based upon experience, judgment and latest prices bid for similar work. 6. Prior to the advertisement for bids, the ENGINEER will provide no more than seven (7) copies of detailed plans, specifications, and contract documents for approval and use by the OWNER and the Federal Aviation Administration. The cost of no more than seven (7) copies of such plans, specifications, and contract documents shall be included in the. basic compensation paid to the ENGINEER. Additional sets will be furnished at the cost of reproduction, in the event they are requested. 7. The ENGINEER swill ;furnish additional copies of plans, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties but may charge for the actual cost of such copies. Original documents tracings, and .the,tlike, except those previously owned,by 'the ENGINEER; are and shall remain the property of the OWNER. 8. The plans prepared by the ENGINEER under the provisions of Section A shall be •in sufficient detail to permit the actual location of the proposed improvements on the ground, and shall be sufficient for the bidders to formulate intelligent bids for construction of every detail of the project. 9. The ENGINEER will commence the work within ten (10) days from execution of this contract and its approval by the Federal Aviation Administration, and will have Plans and Specifications completed, ready for advertising for bids within eighty four (84) calendar days therefrom. It is mutually understood that this completion period is based on obtaining OWNER and Federal Aviation Administration approval of the Plans and Specifications for proposed improvements within fourteen (14) days of submittal for review to those entities. It is therefore agreed that in the event that circumstances beyond the control of the ENGINEER result in the delay of said approval, this completion period will be extended by the length of such delay. 10. The ENGINEER further agrees to obtain and maintain at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from negligent performance by the ENGINEER or by the ENGINEER'S employees, of the ENGINEER'S functions and services required under' this Agreement, such insurance being that normally covered by General -Liability and .Public Liability/Property Damage Insurance. 1 `• 11. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an., analysis. of, the bids, and make recommendations for awarding, contracts for .'contruction. 12. The ENGINEER will check and approve any necessary shop and working drawings.furnished.by contractor. �. 1 13. The ENGINEER will interpret the intent of the plans and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractor. The ENGINEER will not, however, guarantee the performance by any contractor. 14. The ENGINEER will provide horizontal and vertical control in the form of bench marks or reference points to be used by the contractor in performing the construction. 15. The ENGINEER will review and approve estimates for progress and final payments. 16. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 17. The ENGINEER will provide the OWNER and the Federal Aviation Administration with three (3) sets and two (2) sets respectively, of "AS -BUILT" prints at no additional cost to the OWNER. 18. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unforeseen project operating difficulties for a period of one year after the date of final inspection and acceptance of the facility by the OWNER, said services being subject to the provisions of Section C of this Contract as applicable. 19. The ENGINEER will perform construction observation on a periodic basis as dictated by major construction events or at • • the request of the OWNER or by the Contractor. The performance hereunder and .the';compensation set forth in Section B, Paragraph 1.C. is based on the construction period not exceeding one hundred sixty eight (168) calendar days. In the event that the construction phase=of the project exceeds this stated period, the ENGINEER shall 'be` due, extra compensation from the OWNER based on actual man-hours expended and the hourly rates set forth in Section C, plus applicable direct costs, if any. 20. The ENGINEER will perform soils investigations as deemed necessary for proper detailed design. 21. In order to maintain control during the construction phase, the ENGINEER will perform such laboratory and/or field tests as deemed necessary. The extent of such testing will be determined by conference with the OWNER and/or representatives of the Federal Aviation Administration. SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: 1. PRELIMINARY AND DETAILED PLANNING, DESIGN AND CONSTRUCTION OBSERVATION: For the performance of services in Section A, Paragraphs 1 through 19, the sum of forty thousand dollars ($40,000). Compensation for services performed under Section A, Paragraphs 1 through 19 shall be according to the following schedule: A. The sum of twenty-five thousand, seven hundred fifty dollars ($25,750) shall be due and payable in two equal payments; the first, 42 calendar days following execution of the Contract; and the last, upon completion of the detailed plans and specifications and approval of same by the OWNER and the Federal Aviation Administration. B. The sum of three thousand, one hundred dollars ($3,100) shall be due and payable upon issuance by the OWNER of the Notice to Proceed on the construction contract. C. The sum of eleven thousand, one hundred fifty dollars ($11,150) shall be due and payable in monthly inssto ments, based upon the monthly estimates prepared to pay the construction contractor, the final incremental amount to be payable upon completion and final acceptance of the construction work. • 2. SOILS INVESTIGATIONS: For the performance of services in Section A, Paragraph 20, the following schedule will apply: Mobilization Soil Excavations Atterberg Limits Unconfined Compression Test Moisture Content Unit Weight Gradation, Dry Sieve Gradation, Wet Sieve California Bearing Ratio Letter Summary of Data $100.00/lump sum $ 50.00/pit $ 35.00/each $ 35.00/each $ 5.00/each $ 5.00/each $ 5.00/sieve $ 15.00/sieve $250.00/each $300.00/lump sum The estimated fee for the services in Section A, Paragraph 20 is two thousand, three hundred dollars ($2,300), and it is agreed that this fee will not be exceeded without the prior written approval of the OWNER. Compensation for the services in Section A, Paragraph 20, shall be due and payable upon completion of the Letter Summary of Data and approval of same by the OWNER. CONSTRUCTION MATERIALS TESTING: For the performance of services in Section A, Paragraph 21, the following schedule _will apply: Concrete Compressive Testing, per cylinder Air Entrainment Test Proctor Curve, Modified Proctor Curve,' Standard Density Testing, In Place Gradation, Dry Sieve Gradation, Wet Sieve; Asphalt Tests, including: 3 - Marshall Speciman 3 - Unit Weight 3 - Stability 1 - Asphalt Content 1 - Gradation Concrete Beam Testing $'10.00/each $ 5.00/each $ 90.00/each $ 70.00/each $ 13.50/each $ 5.00/sieve { i$ 15.00/sieve $250.00/sample (total) $ 17.00/beam The estimated fee for the construction materials testing is three thousand, three hundred dollars ($3,300) and it is agreed that this fee will not be exceeded without the prior written f approval of the OWNER. It is also agreed that the costs for all tests which fail to meet the construction specification requirements shall be borne by the Contractor, and the construction specifications will so state. Compensation for the construction materials testing work shall be due and payable on a monthly basis, after submission of reports of testing performed during each month. SECTION C - ADDITIONAL ENGINEERING SERVICES The OWNER may wish to increase the engineering services herein to include those needed for additional construction work, additional surveys, legal descriptions, time related to, litigation (court appearances, depositions, transcriptions, investigations, etc.), overtime engineering, work re -done, not as a result of the ENGINEER'S omissions or commissions, or any services not specifically included in the scope of this contract. - In such' event, it is mutually agreed that compensation for such services shall be determined by the following hourly schedule: • ENGINEERING Principal Engineer • - Project Coordinator, Project Engineer Assistant Project Engineer Construction Observor FIELD PERSONNEL Three-man party (Surveying) Two-man party DRAFTSMAN Senior Draftsman Junior Draftsman OFFICE PERSONNEL Secretarial/Clerical r- 14.10 .,, SECTION D - OWNER'S REPRESENTATIVE $74.00/hour $53.50/hour $41.50/hour $30.00/hour $37.50/hour $65.00/hour $50.00/hour $28.00/hour $20.00/hour $18.00/hour The OWNER agrees to designate one person to act as his representative during this project and to be responsible for coordinating the work with the ENGINEER. 6 ei 1 SECTION - ACCESS TO RECORDS,. 4 • It is further agreed that the OWNER, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the ENGINEER which are directly pertinentto the work hereunder, for the purpose of making audit, examination, excerpts and/or transcriptions. Records under this Section shall be maintained and made available during performance on FAA grant work under this Agreement and until three years from date of final FAA grant-paymentIfor the project. In addition, those records which relate to any "Dispute" appeal under an FAA grant agreement, or litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. SECTION F - EQUAL OPPORTUNITY In accordance with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations, the ENGINEER agrees that he will not discriminate against any employee or applicant for employment because of race, religion, age, color, sex, or national origin. SECTION G - TERMINATION In the event the ENGINEER, due to causes beyond his control, shall become unable to complete the contract provisions herein, the OWNER, after receipt of written notification from the ENGINEER, may void the contract and employ another engineer to complete the work. In such event, all notes, calculations, drawings, specifications and all other data developed and accumulated by the ENGINEER pertaining to the work hereunder shall be released to the OWNER for the OWNER'S disposition. Compensation due the ENGINEER will be determined by hourly rates established in Section C, hereunder. In the event the ENGINEER shall breach the contract hereunder, shall fail to perform the delineated tasks hereunder, or shall not perform the contract in a manner suitable to the OWNER, the OWNER may terminate this contract by written notice, effective at the time of receipt of notice by the ENGINEER. In such event, all notes, calculations, drawings, specifications and all other data developed and accumulated by the ENGINEER pertaining to the work hereunder shall be released to the OWNER for the OWNER'S disposition. Compensation due the ENGINEER under any one of the circumstances stated will be determined by the unit prices established in Section C, hereunder, with the added provision that such compensation shall not exceed the arithmetic difference between the contract price hereunder and the total monies actually to be paid another engineer who has been employed to complete the work. It is expressly agreed that the basis for this contract lies in the mutual confidence existing between the OWNER and the ENGINEER. Therefore, it is the intent that this contract shall be continued and consummated by the parties hereto. The termination paragraphs herein -are provided in the unlikely event such described conditions should occur. SECTION H - ACKNOWLEDGEMENTS In executing this contract the ENGINEER acknowledges that he has visited the site of the work, that he is familiar with the conditions and characteristics of the site, and that he fully understands the nature, extent and character of the project and the time limitations placed thereupon. He further states that he has discussed the proposed work with the representative of the OWNER. • The ENGINEER hereby states that he has and will comply with the requirements specified in Title IV of the Civil Rights Act of 1964 and in CFR Part 7. The ENGINEER hereby states that he has performed planning and design engineering on previous airport projects, as well as other projects of a similar nature, that through his laboratory facilities, he has previously performed pertinent work on other airport projects, as well as other projects of a similar nature, and that he has the staff and capabilities to perform the work described herein, in a professional and timely manner. This Agreement shall inure to the benefits of and be binding upon legal representatives and successors of the parties respectively and shall become effective upon execution. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly`authorized officials, this- AGREEMENT in duplicate on the date heretofore stated. �. 4 .t - 6y: (SEAL) ATTEST: .- By Type Name Sherry Rowe Title City Clerk Date 6/21/83 (sum7. ATTEST, McCLELLAND CONSULTING ENGINEERS, INC. a By%i?etatl7t: Q., 7 �. .' ; , k. INC .Name' rMaurice A. McClelland Title h'' Secy - Treas. Date ,«u/ 109 /9•,f2 OWNER: CITY OF YETTTE/VI By Via/4 / . ed,4/G�19 Type Name Paul R. Noland Title Mayor Date 6/21/83 ENGINEER: e.Name J. E. McClelland, Sr. Title President Date1I,e/ yi j kc/973 rt APPENDIX A TO AGREEMENT FOR ENGINEERING. SERVICES .r. AirporteImprovement Program.Number 3-05-0020-04 State of Arkansas CERTIFICATION OF ENGINEER • 4.1 I hereby certify that I am the President and duly authorized representative of the firm of McClelland Consulting Engineers, Inc., whose address is 1810 North College Avenue, Fayetteville, Arkansas, and that neither I nor the above firm I hereby represent has: a. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, b. agreed, as an express or implied condition for obtaining this contract, to employ or retain the service of any firm or person in connection with carrying out the contract, or c. paid or agreed to pay any firm, organization, or person (other than a. bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation, in connection with this contract involving participation of Airport Improvement Program (AIP) funds and is subject to applicable state and federal laws, both criminal and civil. Alt 4 /99g3 , 1983 E. McClelland, P.E. - 10 - 0 .0 ........... ..v P.O. Box 1229 ,18:10 No College Ave: FAYETTEVIIIE, ARKANSAS 72702 'Phone (501) 443-4271 443-2377 TO Crry pAyEeircvi .Le Pme re\ ue, GENTLEMEN: WE ARE SENDING YOU /Attached 0 r: Shop drawings II Prints C Copy of letter ❑ Change order COPIES DATE NO THESE ARE TRANSMITTED as checked /For For approval E For your use G As requested • For review and comment E, ]1 CO • DATE /w -7,-3 -&-S R ATTENTE IIO.ry ()al/ «:L6n1 At sgrAdet CANTrACT VOt L -j ibia, \)K&s JOP NO.fp3 -132J Under separate cover via the following items: ❑ Plan 0 Samples [ti Got4-11zAciS DESCRIPTION below: Cr Approved as submitted 0 Approved as noted 1= Returned for corrections 1 r FOR BIDS DUE -baja--e ig/t out 1N1 tGri� , cti2f rbc (-C 177K 3 COPY TO 19 0 Specifications ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints PRINTS RETURNED AFTER LOAN TO US w F��� —4syki US Department of Transportoton d l GRANT AGREEMENT FOR DEVELOPMENT PROJECT Part 1 -Offer 'd Aisktlion SEP 131993 Administration Date of Offer: Page 1 of 4 pages Airport: Drake Field Project No. 3-05-0020-04 Contract No. DOT FA 83 SW -8871 TO: the City of Fayetteville, Arkansas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") . WHEREAS, the Sponsor has submitted to the FAA a Project Application ( also called an Application for Federal Assistance) dated August 10, 1983 , for a 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: Reconstruct and extend west apron (approx. 3800 sy), including stub taxiway and lighting; extend east side parking apron (approx. 450' x 570') including lighting; complete access road. all as more particularly described in the property map and plans and specifications incor- porated in the said Application for Federal Assistance. Whereas this grant will not be completed during FY 83 and the total estimated cost of completion will Page 2 of 4 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United. States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90% of all allowable costs This Offer is made on and subject to the following terms and conditions: Standard Conditions 1. The maximum obligation of the United States payable under this offer which is comprised of: shall be $ 375,810.00 $ 375,810.00 for development other than land $ for land acquisition 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. The sponsor shall comply with the Airport and Airway Improvement Act of 1982 and shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances of the Application for Federal Assistance which is attached to and becomes a part of this offer. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30,1983 or such subsequent date as may be prescribed in writing by the FAA. 7. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit A dated February 1983 identifies the airport property to which this grant offer applies and is hereby incorporated herein and attached. • Special Conditions Page 3 of 4 Pages 8. The sponsor hereby covenants and agrees that it will not advertise or bid, award any contract, or commence construction for the items as listed in the project description, Page 1 of this agreement, being accomplished under this project, until it has submitted final plans and specifications satisfactory to the Administrator and such plans and specifications have been approved. It is further understood that the United States will not make nor be obligated 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. 9. Pursuant to Section 512 of the Airport and Airway Improvement Act, and at the sponsor's request, the FAA does hereby commit the United States to obligate an additional amount to this project, for payment of its share of the cost, in accordance with the terms hereof, not to exceed the apportionment(s) made to the sponsor for FY(s) 83 and 84 pursuant to Section 507(a)(1) of said act and subject to the restrictions now or hereafter imposed on the FAA on use of such apportionment by, but not limited to, appropriations as now or hereafter enacted. The exact amount of this commitment will be established in an amendment to this grant that will be duly executed by the parties hereto when such computation and obligation can be made in FY(s) 84.'It is further understood by the parties hereto that this co''iitment does not in itself obligate, preclude nor restrict the FAA in the use of any funds made available for discretionary use under Section 507 of said Act to further aid the sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. The following special assurance is added to Part V Assurances, of the Application for Federal Assistance, attached to this offer. 31. Cost Free Land The federal government does not now plan or contemplate the construction of any structures pursuant to paragraph 27 of Part V Assurances attached to this offer and therefore it is understood and agreed that the sponsor is under no obligation to furnish any such areas or rights under this grant agreement. However, it is agreed and understood that the rights of the United States to,cost free areas obtained under unexpired grant agreements with the sponsor are extended for twenty years from the date of this grant agreement. Furthermore, the responsibility for paying the cost of relocating any facilities located in such cost free areas should be made in accordance with Advisory -Circular 150/5300-7, FAA Policy of Facility Relocations Occasioned by Airport Improvements or Changes. Page 4 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Improvement Act of 1982, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By (Title) G• Bob A. Smith,Nanagcr,-Dklalioma City Airports District (lfficc,FAA,Suul1' :;L Region Part II - Acceptance The Sponsor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said, Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed, this r (.`.:RAL) Title Attest: ,V�. c\ V�/ 26th day of September , 1981 City of Paye Ctcvi I Io7Arlcum.a:• (Name of Spo s r) By %// � /' Tit Le: City C3erk CE.?.!FICATE OF SPONSOR'S ATTORNEY I, James N. McCord H iyor , acting as Attorney for the Sponsordo 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 Act and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Fayetteville, AK this26 day of Septembere19 81. tle City ALtorney 1 FEDERAL ASSISTANCE ❑-?REAPPLICATION ® APPLICATION O NOTIFICATION OF INTENT (OpL) ❑ REPORT OF FEDERAL ACTION 4. LEGAL APPLICANT/RECIPIENT City of Fayetteville sane P.O. Drawer F d. CJty Fayetteville e. COES : Washington 1. stat. Arkansas g. ZIP cone: 72701 h. Canted Pam (Name Don Grimes, City Manager e tdnhon. No.) (501) 521-7700 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT 1. TYPE OF ACTION 2..APPLI• cANrs APPLI• CATION p(MaarkkaataP- ea cap ) MGM a. Appl tint Name b. Orpnlation Unit c. Strut/P.O. Bat • • a. NUMBER b. DATE 19 83-132 Reconstruct and extend west apron including stub taxiway and lighting; extend east side parking apron including lighting; complete access road. kg 10. AREA OF PROJECT IMPACT (Names of cities, comities, States, etc.) Washington and Benton Counties 13. a. FEDERAL b. APPLICANT c. STATE d. LOCAL PROPOSED S FUNDING 622,750 39,194 30,000 .00 .00 .00 .00 e. OTHER .00 I. TOTAL $ 691,944 .00 11. ESTIMATED NUM- BER OF PERSONS BENEFITING 200,000 14. CONGRESSIONAL DISTRICTS OF: s. APPLICANT 3rd 16. PROJECT STA gRRT clayDAT 1983 10 17 18. ESTIMATED DATE TO BE SUBMITTED TO FEDERAL AGENCY M. b. PROJECT 3rd 17. PROJECT DURATIQN Months 3. STATE APPLICA• TION IDENT- FIER NUMBER b. DATE ASSIGNED 19 Year month day 5. FEDERAL EMPLOYER IDENTIFICATION 71-6018462 6. PRO. GRAM (Prom Ploral Catalog) a. NUMBER b. TITLE Airport 7nprovetnt Program NO. 12101.1110161 B. TYPE OF APPLICANT/RECIPIENT A -State 8-InWnba C-Subaat. District Dieunty E -CII F -School District O-Sped.l Purpur. District H-C'nmmunity Action Agency I- Nigher Educational Institution 1- Indium Tribe K -Other (8p.cifp)i Eider appropnete grin 9. TYPE OF ASSISTANCE )-Bale grant D -Insurance 13 -Supplemental Onnt E-Oth.r Enter appro- C-Laan Price leiter(*) 12. TYPE OF APPLICATION A -Now C-RevIslon E-Mtgmentellon Balanawal D-Contieuallau A Enter appropriate latter 15. TYPE OF CHANCE (For Its er tie) A -Increase Dollars F-Othes (Specify): II -Deane Dollen C-Incroesa Duration D-0wraaa Duration E -C ncellatlon Enter appro- j prate letter(*) ( 1 J Year month day 19. EXISTING FEDERAL IDENTIFICATION NUMBER 1983 . 8 15 3-05-0020-04-83 21. REMARKS ADDED 0 Yes ❑ No II required by OMB Cimular A-95 this application wee submitted. punuent to ion Nu re- Ian/alons therein, to appropriate clarIngbouen and all rayonaes ue attached: sponse 20. FEDERAL AGENCY TO RECEIVE REQUEST (Nana, City, State. ZIP code) 22. THE APPLICANT CERTIFIES THAT ► 23. CERTIFYING REPRE- SENTATIVE 24. AGENCY e. To tha best of my knowledge and hells, b. data in this pre.ppliulron/Ippilcelion are true and correct, the document No been duly •uthoriaed by the dimming body of W eppiiant and Na applicant will comply with the attached swyancee If Na salet- Inca is approved. s. TYPED. NAME MO TITLE Paul Noland, Mayor NAME 26. ORGANIZATIONAL UNIT 29. ADDRESS 31. ACTION TAKEN • e. AWARDED p b. REJECTED O c. RETURNED FOR AMENDMENT • d. DEFERRED O e. WITHDRAWN 38. FEDERAL AGENCY A.-95 ACTION 32. a. FEDERAL b. APPLICANT c. STATE d. LOCAL e. OTHER t. Previously submitted 27. ADMINISTRATIVE OFFICE FUNDING $ .00 33. p0 36. . 00 .00 . 00 TOTAL S .00 Year month day ACTION DATE". 19 CONTACT FOR ADDITIONAL INFORMA• TION (Nam and telephone wymbn) e . In taking atm* .orlon, any comments received from darinthousa wan can. u ide:d. It agency response Is den under provisions ot Part 1. OMB Otsubo A45. it has been or Is being made. 0 c. DATE SIGNED Sear 19 83 EMEM Response attached month day 8 10 25. APPLICA. Year month day TION RECEIVED 19 28. FEDERAL APPLICATION IDENTIFICATION S0. FEDERAL GRANT IDENTIFICATION 94. Year month day STARTING DATE 19 36. Year month day ENDING DATE 19 37. REMARKS ADDED I 0 Yes 0Nn b. FEDERAL AGENCY 445 OFFICIAL (Name and telephone coo.) STANDARD FORM 424 PAGE 1 (10-75) Pe'4ear*.4 by 08A. Fant JMaalap.nast Ci.. Jar T4-7 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Name of Governing Body Priority Rating Name of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes (Attach Comments) State Clearinghouse March 28, 1983 OMB NO. B0.R Rem 4. Does this assistance request require State, local, Name of Approvina Aaencv Northwest Arkansas _ regional or other planning approval? DoteFebnaxy 25, 1983 Regional Planning CC X Yes No . Item 5. Is the proposed project covered by an approved Check one: State comprehensive plan? Local Regional Yes X No Location of plan Item 6. Will the assistance requested serve a Federal - Name of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have 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 farms? Yes Item 10. Is there other related Federal assistance on this project previous, pend ing, or antic ipated? X No Number of: Individual s Families Businesses Farms See instructions for additional information to be provided. DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION PART 11 - SECTION C (SECTION B OMITTED) OMB NO. 04 10209 The Sponsor 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 Ordinance No. 1278 which regulates and restricts all land use activities in the vicinity of Drake Field. This ordinance was adopted November 20, 1961. 2. I ),,faults. -The Sponsor is not in default on any obligation to the United States or any agency of the I roiled States Gnyern- .ment relative to the development, operation, or maintenance of any airport, except as stated herewith: None a. Possible Disabilities. -There are no facts or circumstances (including the existence of effective or proposal leases. ❑,e agreement: or other legal instruments affecting use of the Airport nr the existence of pending ling litigation or other Irnal proven'iugs) which in reasonable probability might make It impossible for the Sponsor to carry out and complete the Project nr earn Inst the provisions of Part V of this Application, either by limiting its legal or financial ability Or otherwise, except as follow:: None el. land. -fa) The Sponsor holds the following property interest in the following areas of land* which are to be dedelnped or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas arra identified on the aforementioned property map designated as Exhibit "A": Sponsor owns fee simple title to the land shown as Tract "A" on Exhibit A. Tract "B" on Exhibit A is land being acquired under Federal Grant No. 3-05-0020-02. Title approved under previous projects'for Tract A. Status of title has not changed since approval. Satisfactory title evidence will be furnished FAA for Tract B when acquisition is complete. 'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. 7 h separate. areas of land. need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a t DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II - SECTION C (Continued) • OMB NO. 04-R0209 The Sponsor further certifies that the above is based on 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 interest. _ (b) The Sponsor will acquire within a reasonable time, 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": 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 he upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None 5, Exclusive Rights.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None *.Ste character of property interest of rrery kind and nature, including area numbers .shown on the property FAA Form 5100-100 (4a6) in each area and list and identify for each all exceptions, encumbrances, and adverse interest. liens, easements. leases, ete. The separate areas 01 land need only be identified here by the nap. - Page 3b FAA AC 8106913 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION a. • PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20.106 SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revision, Lotest Approved Adjustment Amount + or (-) OMB NO. SO.R0104 Total Amount Required 1.. Administration expense S S S • 2,000.00 2. Prel iniinary expense 3. Land,structures, right-of-way 4. Architectural engineering basic tees 5. Other architectural engineering Ices 6.- Project inspection fees 7. Land development B. Relocation Expenses 9. Selocation payments to Individuals ano Businesses 10. Demolition and removal 45,494.00 • 2,300.00 17,583.00 11. Construction and project improvement 576 ,267.00 12. Equipment 13. Miscellaneous 3,300.00 14. Total (Lines 1 through 13) 646,944.00 15. Estimated Income (it applicable) 16. Net Project Amount (Line 14 minus 15) 646,944.00 17. Less: Ineligible Exclusions 18. Add: Contingencies 45;000.00 19. Total Project Amt. (Excluding Rehabilitation Grants) 691,944.00 20. Federal Share requested of Line 19 622,750.00 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 8 21) 622, 750.00 23. Grantee share 39,194 00 24. Other shares 30,000.00 25. Total project (Lines 22, 23 8 24) S S S 691,944.00 FAA Form 5100.100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page A DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 26 6 c SECTION C — EXCLUSIONS Cla s s if 'cation Tools Ineligible for Participation (1) b b OMB h0 aj•HO i6♦ Excluded from C onringency Pro.uion (2) 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 1. Non Cash - g. Other (Explain) City Airport Fund h. TOTAL — Grantee shale 2R. Other Shales a. State 39,194.00 39,194.00 Arkansas Division of Aeronautics 30,000.00 b. Other r.. Total Other Shares 29. TOTAL SECTION E.— REMARKS 30,000.00 S 69,194.00 The following itan attached hereto are incorporated herein by reference: 1. Property Map Exhibit "A". 2. Title VI Assurances The following item is incorporated herein by reference. 1. Plans and Specifications to be approved by the F.A.A. PART IV PROGRAM NARRATIVE (Attach — See Instructions) FAA Form 5100-100 15-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Peg! 5 FAA AC 75-0232 PART V ASSURANCES (For Development Projects) These assurances shall remain in full forehand 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. The sponsor hereby assures and certifies, with respect to the grant applied for in this Application, that: 1. General Federal Requirements. It Will comply with the following laws, regulations, policies, guidelines, requirements as they relate to the application, acceptance, and use of Federal funds for this project: Federal Legislation a. b. c. d . e . f. g - h. i. j. k. 1. m. n. o. P. Federal Aviation Act of 1958 Hatch Act Federal Fair Labor Standards Act Davis -Bacon Act Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III National Historic Preservation Act of 1966 - Section 106 Archeological and Historic Preservation Act of 1966 Flood Disaster Protection Act of 1973 - Section 102(a) Rehabilitation Act of 1973 - Section 504, Section 503 Civil Rights Act of 1964 - Title VI Aviation Safety and Noise Abatement Act of 1979 Age Discrimination Act of 1975 Architectural Barriers Act of 1968 Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402 Airport and Airway Improvement Act of 1982 Powerplant and Industrial Fuel Use Act of 1978 - Section 403 Federal Regulation a. 49 CFR Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs c. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance d . 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Departme of Labor (Federal and Federally Assisted Contracting Requirements, Including those Relating to Disabled Veterans and Veterans of the Vietnam Era and Handicapped Workers) e . 14 CFR Part 150 - Airport Noise Compatibility Planning ar Office of Management and Budget Circulars a. b. O . A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects A-102 - Uniform Requirements for Assistance to State and Local Governments FMC -74-4 - Cost Principles Applicable to Grants and Contracts with State and Local Governments Executive Orders a. b. c. d. 11246 - Equal Employment Opportunity in Federal and 11593 - Historic Preservation 11288 - Prevention, Control, and Abatement of Water 11926 - Evaluation of Flood Hazards Federally Assisted Contracting Pollution 2. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies authorized by the state in which such airport is located to ph for the development of the area surrounding the airport and will contribute to the accomplishment of the purposes of the act. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs not to be paid by the United States and sufficient funds to assure operation and maintenance of the for the purposes constructed. 4. which facilii Authority of Sponsor. It has legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as th official repre5entatave of the applicant to acts in connection additibnai information as may be required. with the application and to provide such 5. Good Title to Airport. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site therefor, or will give assurance satisfactory to the Secretary that good title will be acquired. 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may. be located. 7. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with the goals and objectives of such planning as has been carried out by the community and shall, when requested by the Secretary, submit a copy of the transcript to the Secretary. Air and Water Quality Standards. • In projects involving airport location, a major runway extension, or runwa location, it will provide for the Governor of the state in which the project is located to certify in uritis to the Secretary that the project will be located, designed, constructed,.and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty (60) days after the project application has been received by the Secretary. 9. Economic Nondiscrimination. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical uses including the requirement that (A) each air carrier using such airport (whether as a'tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable rules, regulations, and conditions as are applicable to all such air carriers which make similar use of suet airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed -base operator at any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicabl: to all other fixed -base operators making the same or similar uses of such airport utilizing the same or similar facilities, and (C) each air carrier using such airport shall have the right to service itself or t: use any fixed -base operator that is authorized by the airport or permitted by the airport to serve any air carrier at such airport, and (D) that in any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in an: 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 oth similar types of price reductions to volume purchasers. (E) that it will not exercise or grant any right or privilege which operates to prevent any person, firm, c corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform, and (F) in the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. 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; ar provided further, that the sponsor may prohibit or limit any given type, kind, or class of aeronautical us( of the airport or necessary to service the civil aviation needs of the public. 10. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing e services at an airport by a single fixed -base operator shall not be construed as an exclusive right if botl of the following apply: (1) it would be unreasonably costly, burdensome, or impractical for more than one fixed -base operator to provide such services; and (2) if allowing more than one fixed -base operator to provide such services would require the reduction of space leased pursuant to an existing agreement betweei such single fixed -base operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right at the airport, 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, aircraf rental and sightseeing aerial photography, crop dusting, aerial advertising ann surveying, air carrier operations, aircraft gales and services, sale of aviation petroleum products whether qr, not conducted in c!njunction with other aeronautical activity, repair and maintenance of aircraft, sale of!aireraft parts, and any other activities which because Of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act. 11. Airport Operation and Maintenance. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. It will operate and maintain in a safe and serviceable condition and in accordance with the minimum stancards as may be required or prescribed by the applicable Federal, state, and local agencies for the maintenance and operation, the airport and all facilities which are necessary to serve the aeronautical users of the airport other than facilities owned or controlled by the United States, 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 use 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 circumstances 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. 12. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 13. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 14. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that -- a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b.. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movements of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 15. Land for Federal Facilities. It •will furnish without cost to the Federal Government for construction, operation and maintenance of facilities for, and uses in connection with, any air traffic control or air navigation activities, or weather reporting and communication activities'related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within 4 months after receipt cf written requests from the Secretary. 16. Standard Accounting Systems. It will keep all project accounts and records in accordance with a standard system of accounting prescribed by the Secretary. 17. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services being provided the airport users •which will make the airport as self-sustaining as possible under the circumstance existing at that particular airport, taking into account such factors as the volume of traffic and economy c collection, except that no part of the Federal share of an airport development or airport planning project for •which a grant is made under this title or under the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for user of that airport. • 18. Reports and Inspectiods. It will submit to the Secretary such annual or special a irportr,financial and opera- tions reports as the Secretary may reasonably request and will make the airport and -all airport records and documents affecting the airport, including deeds, leases operation and use agreements; rgulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 19. Airport Revenue. It will expend all revenues generated by the airport, if it is a public airport, for the capital or operating costs of the airport, the local airport system, or other local facilities which are owned or operated by the owner or operator of the airport and directly related to the actual transportation of passengers or property: Provided, however, that if covenants or assurances in debt obligations previously issued by the owner or operator of the airport, or provisions in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including. the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all other revenues generated by the airport shall not apply. 20. Consultation with Users. In making a decision to undertake any airport development project under this title, it will undertake reasonable consultations with affected parties using the airport at which the project is proposed. 21. Terminal Development Prerequisites. For projects which include terminal development, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. 22. Construction Inspect -ion and Approval. It will subject the construction work on any project for airport development contained in an approved project grant application toainspection and approval by the Secretary, and such work will be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures will require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 23. Minimum Wage Rates. It will include, in all contracts in excess of $2,000 for work on projects for airport development approved under this title which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates will be stated in the invitation for bids and will be included in proposals or bids for the work. 24. Veterans Preference. It will include, in all contracts for work under project -grants for airport development which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference will be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 25. Audits and Recordkeeoing Requirements. It will keep such records as the Secretary may prescribe, including records which fully disclose the amount and the disposition by the recipient of the proceeds of the grant, the total cost of the plan or program in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the plan or program supplied by other sources, and such other records as will facilitate an effective audit and it shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to grants received under this title. The Secretary may require that an appropriate audit be conducted by a recipient. 26. Audit Reports. In any case in which an independent audit is made of its accounts relating to the disposition of the proceeds of a grant or relating to the plan or program in connection with which the grant vas given or used, it will file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. 27. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. 28. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities other than in conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might adversely affect the safety, utility, or efficiency of the airport. 29. Preserving Af4'cort Fights and Powers. It will not enter into any transaction wh1gbtuoiild. operate to deprive it of any of 'theights and powers necessary to perform any or all of the assurariceshepein without the Written approval of the Secretary, and will act to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. ;his shall be done it a manner acceptable to the Secretary. It will not dispose of or encumber its title or other interests in the site and facilities during the perio< of Federal interest or while the Government holds bonds, whichever is the longer. The obligation to perfon all such covenants may be assumed by another public agency found by the Secretary to be eligible under the act to assume such obligations and having the power, authority, and financial resources to carry out all stir 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 ensure that the airport will be operated and maintained in accordance with the act, the regulations, and these covenants. 30. Construction Accomplishment. It will execute the project in accordance with plans, specifications, and schedules as approved by the Secretary, and incorporated herein, or with modifications similarly approved and will provide and maintain competent technical supervision at the construction site to assure that completed work conforms with the approved plans and specifications. ., Tt STANDARD DOT TITLE VI ASSURANCES City of Fayetteville (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning Project No. 3-05-0020-04-83 (hereinafter referred to as the Project) that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the following notification in all solicitations for bids issued in connection with the Project and in adapted form in all proposals for negotiated agreements. The City of Fayetteville , in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, hereby notifies all bidders that it will affirmatively assure that minority business enterprises are afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 6. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, Page 1 t leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 7. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structuresor improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financiai assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the Sponsor retains ownership or possession of the property. 8. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 9. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED Auaust 10, 1983 By Attachments 1 and 2 City of Fayetteville (Sp(Sponsor)�� jtji '! iu< , Mayor (Signature of(Authorized Official) CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 TO STANDARD DOT TITLE VI ASSURANCE During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows; 1. Compliance witn Regulations. The contractor shall comply with the Regulations relative to nondiscrimina- tion in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of • Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix R of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to•its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to -- a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.