HomeMy WebLinkAbout122-85 RESOLUTIONRFSOLI CN NO. 122-85
SCANNED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A GRANT APPLICATION TO THE FEDERAL
AVIATION ADMINISTRATION FOR FEDERAL ASSISTANCE
IN AIRPORT OBSTRUCTION REMOVAL AND/OR LIGHTING.
BE rT RESOLVED BY THE BOARD OF DIRFAMRS OF a CrrY OF r
ARKANSAS: I
That the Mayor and City Clerk are hereby authorized and directed
to execute a grant application to the Federal Aviation Administration
for federal assistance in airport obstruction removal and/or lighting.
A copy of the grant application authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND AITRUM this 19th day of Nnvpmh�r 1985*
APPROVED
By,9
Mayor
7 a.°•ATT�STt �i,.
VP
r` 4 "-SBY„ . C eKk
�f
S
SCANNED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A GRANT APPLICATION TO THE FEDERAL
AVIATION ADMINISTRATION FOR FEDERAL ASSISTANCE
IN AIRPORT OBSTRUCTION REMOVAL AND/OR LIGHTING.
BE rT RESOLVED BY THE BOARD OF DIRFAMRS OF a CrrY OF r
ARKANSAS: I
That the Mayor and City Clerk are hereby authorized and directed
to execute a grant application to the Federal Aviation Administration
for federal assistance in airport obstruction removal and/or lighting.
A copy of the grant application authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND AITRUM this 19th day of Nnvpmh�r 1985*
APPROVED
By,9
Mayor
7 a.°•ATT�STt �i,.
VP
r` 4 "-SBY„ . C eKk
�f
FAYETTEVIT'JT ARKANSAS
P. O. DRAWER F 77701 16011 621.7700
30, 1985
Mr. Bob A. Smith, Manager
Federal Aviation Administration
FAA Building - Room 204
Wiley Post Airport
Bethany, OK 73008
RE: Application for Federal Assistance
Drake Field, Obstruction Removal
Dear Mr. Smith:
Please find enclosed the original and five copies of the following
documents:
Standard Form 424, Page 1'
1
FAA Form 5100-101, Page 2
ASWRO Supplement to FAA Form 5100-30
Programming Sketch
Letter reporting consultation with affected parties using
the airport
Statement of consideration of interest of nearby communities
Construction Quantities and Cost
FAA Form 5100-100, Pages 3a, 3b, 4 and 5
Program Narrative Statement
FAA Form 5100-100, Part V Assurances
Standard DOT Title VI Assurances with Attachments 1 and 2
Property Map Exhibit "A"
Please disregard the previous application for the Obstruction Study
submitted in March, 1985.
Clearinghouse letters will be forwarded upon receipt by the City. If
any additional information is needed, please advise.
Sincerely,
Paul Noland, Mayor
PN:mt
cc: Don Grimes
Dale Frederick
McClelland Consulting Engineers, Inc.
OMB Appraysl No. 29-80218
STANDARD FORM 434 VADL l
... .. .. .. Preaoribed by GSA, Federal Managers" Circular 74-7
FEDERAL ASSlSTAfdCE
2. APPLI-
a. NUMBER
3. STATE
A. TUMBER
•
cams
84-185
��
APPLI•
TION
iDENT
!3, TYPE t'.•
®PRE#PPIICATION
b. DATE
Jr. GATE year moatA day
OF
ACTIONT„❑ APPLICATION
CATION
Year mouth day
19
FIER
.ri.
ASSIGNED I
❑ NOTIFICATION OF INTENT (OPQ
Leone
p(Mrpaprrk{aat�p
_
arta ) ❑REPORT OF, FEDOM ACTION
Blarde
4. LEGAL APPLICANT/RECIPIENT
A FEDERAL EMPLOYER IDENTIFICATION NO.
a. APPiliznt Kama : City of Fayetteville
71-6018462
Jr. Organization Unit : Same
G
C. Streedp,D, an : P. 0, Drawer F
PRO.
a. NUMBER 12101* 1 016
b. TITLE
d. City : Fa
Fayetteville a. Count
y � Washington
GRAM
I. nab : Arkansas 111.21PCeda: 72702
(From
Federal
Airport Improvement
b. Contact Pataon (Nam.
aatakir)
Program
e telephone No,) • Don Grimes (501) 521-7700
7, TITLE AND DESCRIPTION OF APPLICANTS PROJECT
R. TYPE OF APPLICANT/RECIPIENT
t
A -State N -Community AcHart APanq
Cp
Airport Obstruction Removal and/or lighting
114rderstate I- Nigher Educational Institution
C-Substate J. Indian Tribe
{7
pct
within the runway approach zones and the
District K-0ther (Specify):
env
transitional zones.
E -G4
F-Sehml District
GSpectal Pattern
-trict Entre letter,
O appropriate
9. TYPE OF ASSISTANCE
A-Baic amid D4munnn
�n
94upplemenbi Gnat E-0thv Enter spDro-
Clan tetter(S)
F
Priata
AY
10. AREA OF PROJECT IMPACT (Names o/ cities, counsel",
11. ESTIMATED NUM.
12. TYPE OF APPLICATION
Stat", etc.)
BER OF PERSONS
A -New C-RMslon E.Augmentalion
Washington and Benton Counties
g
BENEFITING
B-Rennral D-Contlnwtion
200 000
Ease. approtsriara lett" A❑
13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF:
15. TYPE OF CHANGE (For 19c or Zoo)
F -Wer (SyeoJy):
a. FEDERAL
S ,OD
a. APPLICANT
Jr. PROJECT
0-0volw Dollen
C-laroen Duration
It. APPLICANT
1$ 450 .00
3rd
3rd
D-Owsase Duration
E-Cenallation
c. STATE
18,450
16. PROJECT START
17, PROJECT
,00
DATE Year month day
DURATION
Enter appro-
FT
d. LODI
.00
19 86 Ol 02
Mont"
Priors letter(s)
e. OTHER
13, ESTIMATED DATE TO Year month day
!9. EXISTING FEDERAL IDENTIFICATION NUMBER
.00
BE SUBMITTED TO
-
f. TOTAL
s369,000 .DD
FEDERAL AGENCY IS, 19 8S 11 o8
NA
20. FEDERAL AGENCY TO RECEIVE REQUEST (Name, City, State. ZIP code)
21. REMARKS ADDED
DOT FAA Oklahoma C'
❑ Yoe No
22.
a. To the best of my knowledge ami bellef,
b. If required by 01.19 Circular A-35 Nis asDliation cues auEmitted, pursuant to In- No re- Response
Fdata
In this DmsppliatiapDDlialion am
structiom Oaten, to appropriate desdngbousa and aiI r"Ponca en ittachad: ayowee attached
THE
tray and correct, the document hes been
Responses to be forwarded upon receipt
APPLICANT
duly authorized by the governing body of
❑
CERTIFIES
the applicant and the applicant will comply
(')Northwest Arkansas Regional Planning Com.
THAT In,
Sy iap � aaa:ana+ It as started- with
Mkrkansas Dept. of Local Services
(3) ❑ ❑
g
Z'.
a. TYPED NAME AND TI ilE
NATURE
L DATE SIGNED
CERTIFYING
mti
Year enday
REPRE-
Paul Noland, Mayor
�� !�
19
SEN24,
AGENCY NAME
25. APPLICA- Year tnonrh day
TION
RECEIVED 19
26, ORGANIZATIONAL UNIT
27, ADMINISTRATIVE OFFICE
28. FEDERAL APPLICATION
IDENTIFICATION
a
0
29. ADDRESS
30. FEDERAL GRANT
IDENTIFICATION
a
31. ACTION TAKEN
32. FUNDING
Year month day
34. Year month day
STARTING
❑ a. AWARDED
a. FEDERAL
$ .00
33. ACTION DATE ► 19
DATE 19
o
❑ U. REJECTED
b. APPLICART
,O0
35, CONTACT FOR ADDITIONAL INFORMA-
36. Year month day
TION (Noma and telephone numb")
ENDING
❑ a RETURNED FOR
e. STATE
.00
DATE 19
all. LOCAL
.00
37. REMARKS ADDED
AMENDMENT
an
❑ d. DEFERRED
e. OTHER
.00
❑ e. WITHDMWN
I. T07AL
$ .00
❑ Yoe 13No
38.
a. In taking above action, trey comments received from dettingheus" were con.
Jr. FEDERAL AGENCY A45 OFFICIAL
aiderad. 11 agoncy response Is due under Provision of Part 1, OMB Circular A-95,
(Nana and Mcpho a no.)
FEDERAL AGENCY
It Au b"n or IS being made.
A-95 ACTION
STANDARD FORM 434 VADL l
... .. .. .. Preaoribed by GSA, Federal Managers" Circular 74-7
"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?
Nome of Governing Body
Priority Rating
Name of Agency or
Board _
Yes x No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
X Yes No
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
Yes X No
Item 5
Name of Approving Agency
Date
Is the proposed project covered by an approved Check one: State n
comprehensive plan? Local !_J
Regional [j
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
or installation?
Yes X
Name of Federal Instollotior
Location of Federal Land—
No Percent of Project
oMe NO. Oo- R0154 1
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 X
Item 10.
P' Is there other related Federal assistance on this
project previous, pending, or anticipated?
Yes X No
Number of:
Individuals
Families
Businesses
Farms
See instructions for additional information to be
provided.
5100-100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2'
4 Is
SOUTHWEST REGION, DOT FAA
SUPPLEMENT TO
PREAPPLICATION FOR FEDERAL ASSISTANCE
DATED October 30. 1985
? Ir
SUBMITTED BY City of Fayetteville. Arkansas (SPONSOR)
TO IMPROVE Drake Field AIRPORT
DESCRIPTION OF WORK TO BE ACCOMPLISHED (l.iat by principal
work item)(Use
nearest dollar)
ITEM OF WORK
TOTAL ESTIMATED
SPONSOR'S
FAA
ESTIMATED DATE
A
COST
FUNDS
FUNDS
WORK WOULD
REQUESTED
COMMENCE
NO.
DESCRIPTION
8
C
D
E
1
Obstruction Removal and/or
369,000
36,900
332,100
January 2, 198
Lighting
TOTALS —Aw
ESTIMATED COST OF WORK ITEMS DESCRIBED IN ITEM S ABOVE
/Use nearest dol_ far:
LIST BY
ITEM OF
LAND
ACQUISITION
SITE
PREPARATION
PAVING
LIGHTING
BUILDINGS
MISCELLA-
NEOUS
TOTAL
WORK NO.
A
B
C
D
E
F
G
H
1
109,900
259,100
3692000
TOTALS
1092900
259,100
1 369,000
(ASWRO Supplement to FAA For= 5100-30)
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' ry
FAYETTEVILLE, ARKANSAS
OFFICE OF CITY MANAGER
P. 0. DRAWER F 72702 (601) 621.7700
October 30, 1985
Mr. Bob A. Smith, Manager
Federal Aviation Administration
FAA Building - Room 205
Wiley Post Airport
Bethany, OK 73008
RE: Application for Federal Assistance
Drake Field, Fayetteville, Arkansas
Dear Mr, Smith:
This letter is to confirm .the fact that the City of Fayetteville
has consulted with all the affected parties at Drake Field Airport,
Fayetteville, Arkansas, concerning the City's application for Feder-
al Assistance for engineering services for an airport obstruction
study.
We trust this will meet' with your approval. If you have any questions,
please feel free to contact me.
Sincerely yours,
4CZoe
Donald L. Grimes
City Manager
DLG: ma
cc: Dale Frederick, Airport Manager
CONSIDERATION OF INTERESTS OF NEARBY COMMUNITIES
7 r
The improvemetns proposed in this application are consistent with the
Drake Field Master Plan/ANCLUC Study. Representatives of Fayetteville
and Greenland were involved in that study and no objections relating to
these improvements were received at that time nor have any been received
since.
7
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DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C
1. ,OMB NO. 04•R0209
(SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
The sponsor has adopted Drake Field Zoning Ordinance 2697 which regulates and restricts
all land use activities in the vicinity of Drake Field. This Ordinance was adopted
January 20, 1980,
2. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern-
ment relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
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, subject to the following exceptions, encumbrances, and adverse interests,
all of which areas are identified on the aforementioned property map designated as Exhibit "A":
The sponsor owns fee simple title
to
Tract
A
of Exhibit A.
Title for Tract
A was approved
under previous projects.
Status
of
title
has
not changed
since approval.
*State character of property interest in each area and list and idc
of every kind and nature, including liens, easements, leases, etc.
area numbers shown on the properly map.
for each all exceptions, encumbrances, and adverse interests
separate areas of land need only be identified here by the
FAA form 5100-10014-761 Page 3a
DEPXRTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 04-AO209
. ,
PART Il - SECTION C (Continued)
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 interests.
(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 be 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 orant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the 1ponsor except as Follows:
None
FAA Form 5100-100 I4-761 Page 3b
FAA AL 81 x6913
*J'tafr rharar ter ul properh. interest
of rash area
and list and iden
NJv
Jbr each
all exceptf"ns,
encurnbrnnres, "1141 mdrecse interests
of rt'vry kind and nature,
area numbers shutrn an the
inrbrdin_
pnrperty
liens, o"scmrnt.s.
reap.
louses, e1r.
The
separate
areas uJland
need onh' he identiried here by the
FAA Form 5100-100 I4-761 Page 3b
FAA AL 81 x6913
DEPARTMENT OF TRANSPORTATION . FEDERAL AVIATION ADMINISTRATION
OMB NO. e0-ROiS4
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No. . . . . . . . .
2. Functional or Other Breakout .................. .
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or H
1. Administration expense
b
S
S
2. Preliminary expense (Initial Study)
32,000
320000
3. Landtstruclures, right-of-way
4. Architectural engineering basic fees
89950
81950
5. Other architectural engineering fees Materials Testing
2,800
2,800
G. Project inspection fees
25;650
25,650
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
282,000
282,000
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
351,400
351,400
15. Estimated Income (if applicable)
0
0
16. Net Project Amount (Line 14 minus 15)
351,400
351,400
17. Less: Ineligible Exclusions
18. Add: Contingencies 5%
19. Total Project Amt. (Excluding Rehabilitation Grants)
20. Federal Share requested of Line 19
17,600
369 000
332,100
17,600
369, 000
332,100
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 8 21)
332 ,100
332 ,100
23. Grantee share
180450
18,450
24. Other shares
18,450
18 450
25. Total project (Lines 22, 23 8 24)
S 369t000
S S 369y000
FAA Form 5100-100 is 73) SUPERSEDES FAA FORM aruu-ru rRoca r i nNu 7 rage 9
[ L.
OMB h0. 80.0010.
VGr Nn Iman I r"r%I
SECTION C — EXCLUSIONS
-�
26
Clea ail is et ion
Ineligible for
Por tic iPot ion
1
Excluded from
Contingency Provision
2
b.
C.
d.
e.
1.
g.
Totals
S
b
SECTION D —
PROPOSED METHOD OF FINANCING
NON-FEDERAL
SHARE
27.
Grantee Share
S
a.
Securities
b.
Mortgages
c.
Appropriations (By Applicant)
18,450
d.
Bonds
e.
Tax Levies
t.
Non Cash
g.
Other (Explain)
h.
TOTAL — Grantee share
18,450
28.
Other Shares
a.Stale
°(Arkansas Division of Aeronautics 50% of local
share)
18,450
b.
Other
c.
Total Other Shares
182450
29.
TOTAL *If State grant
is not approved Grantee share will be $36,900
S
36,900
SECTION E — REMARKS
The following is attached and incorporated herein and made part
dated February, 1983.
of Exhibit A
PART
IV PROGRAM NARRATIVE Attach —
See Instructions
FAA Form $100-100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES t THRU 7 Page 5
r: r . n
'
'�• �! 171 '
• •�•'•� 71� I"A 7 171 •
The proposed project is located at Drake Field, Fayetteville Municipal
Airport, Fayetteville, Arkansas, ne objectives of this project are as
follows:
Locate, define and prioritize obstructions with the 34:1 approach
slope to Runway 34 and 50:1 approach slope to Runway 16 and within
transitional zones either side of the runway.
Preparation of Plans and Specifications for disposition of obstructions.
Remove, demolish, lower, and/or relocate light obstructions within the
approach zones and transitional zones either side of the runway center
line.
PART V
ASSURANCES i
(For Development Projects)
These assurances 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,
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, and
requirements as they relate to the application, acceptance, and use of Federal funds for this project:
Federal Legislation
a. Federal Aviation Act of 1958
b, Hatch Act
c. Federal Fair Labor Standards Act
d, Davis -Bacon Act
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III
f. National Historic Preservation Act of 1966 - Section 106
g. Archeological and Historic Preservation Act of 1966
h, Flood Disaster Protection Act of 1973 - Section 102(x)
I. Rehabilitation Act of 1973 - Section 504, Section 503
J, Civil Rights Act of 1964 - Title VI
k. Aviation Safety and Noise Abatement Act of 1979
1. Age Discrimination Act of 1975
M, Architectural Barriers Act of 1968
n. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402 '
o. Airport and Airway Improvement Act of 1982
p. 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 CFA Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
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
Office of Management and Budget Circulars
a. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects
b. A-102 - Uniform Requirements for Assistance to State and Local Governments
c. FMC -74-4 - Cost Principles Applicable to Grants and Contracts with State and Local Governments
Executive Orders
a. 11246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting
b, 11593 - Historic Preservation
C, 11288 - Prevention, Control, and Abatement of Yater Pollution
d, 11926 - Evaluation of Flood Hazards
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 plan
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 which are
not to be paid by the United States and sufficient funds to assure operation and maintenance of the facility
for the purposes constructed,
4. 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 the
FAA Form 5100-100 (11-82) Development I Page 6
official representative of the applicant to act in connection with the application and to provide such
additional information as may be required.
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.
8. Air and Water Ouality Standards. In projects involving airport location, a major runway extension, or runway
location, it will provide for the Governor of the state in which the project is located to certify in writing
to the Secretary that the project will be located, designed, constructed, and operated so as to comply with
applicable air and water quality standards. In anycasewhere 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 such
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 (8) each fixed -base operator at
any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable
to all other fixed -Daae 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 to
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 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.
(E) 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, 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; and
provided, further, that the sponsor may prohibit or limit any given type, kind, or class of aeronautical use
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, or
Intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of
services at an airport by a single fixed -base operator shall not be conatroed as an exclusive right if both
of the following apply: (1) 1t 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 between
such single fixed -Daae 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, aircraft
FAA Form 5100-100 (11-82) Development Page 7
5'
rental and aightseeing, 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, 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 standards
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 Cod 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
e. 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 orcreation of future airport rhaiaM3,
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 operation, 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 of
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 es possible under the circumstances
existing at that particular airport, taking into account such factors as the volume of traffic and economy of
collection, except that no part of the Federal enro 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 to rate base in establishing fees, rates, and charges for users
of that airport.
Page 8
FAA Form 5100-100 (11-82) Development
ifs
16. Reports and Inspections. It will submit to the Secretary such annual or special airport fingnclgl 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, regulations 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 operat6r'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 Inspection and Approval. It will subject the construction work on any project for airport
development contained in an approved project grant application to inspection 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 coat and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
23. Minimum haze Rates. It will include, 1n 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--276&-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 Reeordkeeoinz Requirements. It will keep ouch 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 was 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 offaite
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 aatendment, 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 charges 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 ouch changes or alterations might
adversely affect the safety, utility, or efficiency of the airport.
FAA Form 5100-100 (11-82) Development page 9
29. Fre erafyNiiwortkAixhta and Powers. It will not enter into any transaction which would operate to deprive
it of any ofzthe rights and powers necessary to perform any or all of the assurances heroin irithoute. 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. This shall be done in
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 period
of Federal interest or while the Government holds Donde, whichever is the longer. The obligation to perform
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 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 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 plane, specifications, and
schedules as approved by the Secretary, and incorporated berein, 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 plana and specifications.
FAA Form 5100-100 (11-82) Development
Mm
STANDARD DOT TITLE VI ASSURANCES
The -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 210 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. (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 seg.) 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
r.
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 structures or improvements
thereon, in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of similar services
or benefits or (b) the period during which the Sponsor retains ownership or
possession of the property.
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 October 30, 1985
Attachments 1 and 2
City of Fayetteville
(Sponsor)
By ,ZZ z� �C ✓7�. �_ ✓
(Signature of Authorized Official)
Don Grimes, City Manager
Page 2
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 structures or improvements
thereon, in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of similar services
or benefits or (b) the period during which the Sponsor retains ownership or
possession of the property.
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 October 30, 1985
Attachments 1 and 2
City of Fayetteville
(Sponsor)
By ,ZZ z� �C ✓7�. �_ ✓
(Signature of Authorized Official)
Don Grimes, City Manager
Page 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
'contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the
Regulations relative to nondiscrimination 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 subcon-
tractors, 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 8 of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials
and Eouipment. In all solicitations either by competitive bidding or nego-
tiation 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 con-
tractor'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 informa-
tion 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.
S. Sanctions for Noncomoliance. 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 --
Page 1
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 pro—
curements 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.
Attachment 1, Page 2
I
(11-82)
CLAUSES FOR DEEDS, LICENSES, LFASESO PERMITS OR SIMILAR INSTRUY N'^S
ATTACFLMENT 2 to STANDARD DOT TITLE VI ASSURANCES
The following clauses shall be included in deeds, licenses, leases, permits,
or similar instruments entered into by Citv of Favetteville
pursuant to the provisions of Assurances 6 (a) and 6 (b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his heirs,.personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add
"as a covenant running with the land") that in the event facilities
are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for
a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in compliance
with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add •as a
covenant running with the land') that: (1) no person on the grounds
of race, color, or national origin shall be excluded from par-
ticipation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee,
lessee, permitee, etc.) shall use the premises in compliance
with.all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be amended,
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