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HomeMy WebLinkAbout98-94 RESOLUTIONRESOLUTION NO. 98-94 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ACCEPTANCE AGREEMENT FOR THE FEDERAL GRANT OFFER AIP #3-05-0020-18 FOR THE OBSTRUCTION AND REMOVAI. AND 1NSTALLA fiON OF PRECISION RUNWAY MARKINGS. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. 'the City Council hereby authorizes the Mayor and City Clerk to execute the Acceptance Agreement for Federal Grant offer A1P 113-05-0020-18 for the obstruction and removal and installation of precision runway markings. The grant will provide 90% of project fund ($438,189.00) and a matching 5% state grant will he sought ($24,343.00). A copy of the grant agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day of September 1994. ATTEST: By: &ttL gib Traci Paul, City Clerk APPROVED: J , By: • Fred Hanna, Mayor 1 GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART 1 - OFFER 1 Date of Offer: AJG 1 8 1994 Project No. 3-05-0020-18 Airport: Drake Field Contract No. DOT FA 94 SW -8004 TO: City of Fayetteville, Arkansas (herein referred to as the "Sponsor") FROM: The United States of Amenca (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 17, 1994, 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: Remove Obstructions; Install Precision Runway Markings all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. FAA Form 5100-37 (10-89) Development or Noise Program Page 1 of 5 Pages • • NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $438,189.00. 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 which regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the fmal audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the Project Application The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 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 within thirty (30) days or such subsequent date as may be prescribed m wnting by the FAA. FAA Form 5100-37 (10-89) Development or Noise Program Page 2 of 5 Pages • • • 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 10. It is mutually understood and agreed that if, during the life of the Project, the FAA determines that the grant amount exceeds the expected needs of the Sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible Project costs, FAA may increase the grant to cover the amount of oven -un not to exceed the statutory fifteen (15%) percent limitation and will advise the Sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. 11. If a letter of credit is to be used, the Sponsor agrees to request cash drawdowns on the authorized letter of credit only as and when actually needed for its disbursements and to timely reporting of such disbursements as required It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 12. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached hereto. 13. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications approved by the FAA on July 28, 1994. FAA Form 5100-37 (10-89) Development or Noise Program Page 3 of 5 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 this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION inr Faye S. Nedderman Manager, Arkansas/Louisiana ADO 1 FAA Forth 5100.37 (10.89) Development or Noise Program Page 4 of 5 Pages • PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this g7}} day ofpsP7n„ tet , 19 q4. . (SEAL) Attest: Title: &AA,: ALL C i -r•/ nt aRKC City of Fayetteville, Arkansas (Name of Sponsor) _// By: �I b. K'/Jttvv/ (Sensor's Designated Official Representative) Title: t•,IAVpR CERTIFICATE OF SPONSOR'S ATTORNEY , ER2y E, , acting as Attorney for the Sponsor do hereby certify. That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of AilKA:04 *$ . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at F,t,ti e f D,'j L t Ai. this 9 day of Sep .19 9f. FAA Form 5100-37 (10-89) Development or Noise Program Page 5 of 5 Pages APPLICATION FOR • FEDERAL ASSISTANCE 0141 Appr6...r No. D341-0043 T DATE susainiEO P-17-04 Agdccant Uer,o/y. FY942142 T. TON Of $USM1uS10N. &D .ca be ,p contructa, O Mat-Conurtucton Pn,aoohca non O Coetruclm O hon-Ccrtrnncnon 3. DAT[ RZC IVCD 111 RATE Slat. Amato, U.nmrr 4. DAT[ R[CEMO er RD[1u.L AO INC" Faders) Wntitw A1P 3-05-0020-18 I. AP.LICLAR INFORMATION Lags! late City of Fayetteville Organini coal Un City of Fayetteville Aadrnr (9, cry. emfe • alas/•. Ana Dp CDd.) 113 W. Mountain Fayetteville, Washington County Arkansas 72701 L OIPLOYIR IOOMnncATON N Wa[R ISINI [7 1 6 0 1 415 2 L Thi Of APPLCATIQ.t G W. ❑ Conm+u.non ® Pasco It Pew, , anter •Coto Tata Ianr(sl :+ Do.(n). 0 ❑ A le a.a Award 5 Nowa A.ard C. P1a.aaa Deaton D. Dao— Motion One (specify). N.mo and tegorc w nun,cs of W. person to be cornecLod a, mann inching tut aopuron (prvo area coda) Dale Frederick, Airport Manager (501) 52]-4750 7. TVP[ O. APPLJCAIR: A Slat. B County C. MuocWu D. To:vNo E. Interstate F. Int.rmu is pal O. kcal Canna WNW ADD oori.AR Snap S dor) N V,dacondant &food Dirt. 1. Sut. Controlled Inratuaret of Mpner Lapsing J. Prn.a Unmorally K Irian Tribe L. r,dnrduel 11 Profs Drgan,aton N. Other (SOlefy) L IMAM OF PUMA ASOICT: DOT FAA SW Region, Ft. Worth, TX TE utALoo OF FEDERAL oosnnC /, AAZSSTAMCl Want*2 0 a 1 0 • TIThE Airport Improvement Program IL ARIAS AMMCRO SY PROJECT toast councros. Mem Mk Washington and Benton Counties, AR 11. DUCIIIPTNE DRS OF A►PUCurrs MOJ[CT. Overhead power, cable, and phone line removal and underground placement. Airfield marking upgrade for precision instrument landing. 1L PROPOSED PROJECT: Id. C NIOR[SSrauL DISTRICTS OP awl Dale 9-26-94 Ending Dal. 2-06-`35 a AopMCOn Third o Prysct Ihird 1L QTIMATTD FUNDING: P . Feferal $ 438.189 m 6 Acolant s 24,344 poo D Stun S 24,344 .00 d Local • Oars 1 .00 tL 4 SUBJECT To MIN Sy STATE GRCUTIVEORDn tun men:" a. LS PPEAPPLJCATIDWAPPUCATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12371 PADCESS FOR REVIEW ON DATE D MO. ❑ PAOGAAM ES NOT COVERED BY EO. 12772 ❑ OA PROGRAM AIS MDT BEEN SELECTED Bre STATE FGA RENEW 1. Ploaam Intr o i .00 g TOTAL 1 486,877 10 If. IS Tail APPLICWT Da1JMOUOIT Main FEDERAL %OTT .0 Ta • IT eta' Medi an s*s%.tol. ® No 1 S TO TME MST OP My usOcltDol AMD Seat ALL DATA M ?tut AP.uCATg.sucsnUCJ110M AR[ TIN[ AND COID1W. TM DOCUMENT NAS SUN DULY AUTHOR®M TNs OOVERMNq 100! OF THE APPLICANT AND THE AF.LICAM vol COMPLY Irani 7111 ARACMf ASSURANCES S MI U1S11f act U AWAROEo a NIX Noma d Auntnad Ramrnutn, I D Troll Fred Hanna !1 Mayor C Tel.yv.. I■nroer 501-521-7700 Asarsosonleine mC�Lh'lt Dra pM a Dm Sgn.d 8 -17 -an Authorized for Local Reproduction Sunda•d Form 124 ICE 14 Si Presented or Out C -c•:.' 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Does th s assistance request req,. re State, local, regional, or other priority ra•mn Yes X _No Name of Governing Bocy Priority Rating . _ Item 2. Does 'his css stance request requre Sale ci occl Name of Agency or adv so•y, ed„ce•ionu o• hea•Ih clecrarces° Bard Yes n Ne ;Avert- Documental on) Item 3. Does this assistance recuest require clear nghouse rev ew in accordance with OMB Circular A-95? X Yes No (Attach Comments Nem 4. Does this assistance request require Stare, .ccol, regional or other plannirg approval' Yes X No Name of Approv -g Agency Dale Item 5. Is the proposed project covered by an approved C-eck one: State ccmprehersive p•an? Local Regional Yes X No Location of plan . Item 6. Will the ass stance requested serve a Federal Name of Federal I- stalja•ion lnstalla'ion? Yes XNo Federal Population, beref ting from Project Nem 7. Will the assistance req„ested be on Federal land or installation' _Yes X Name or Federc Instr.:lation Location of Federal . and_ No percent e+ Project Item 8. Will the assistance requested have cn rrpact cr effec• See nsfruction for additiora: nformatior to be on the environment? provided. Yes X_ No Iten 9. Number or Wil the assistance requested rause the d splacement of individua s individuals families, bus resses, or fa -ms? Families B,.sinesses _Yes _X No Farms Item 10. Is there other reared Federal assista^ce on this See instruc•ions for additional information lo be project p•evicus, perding, cr ant c paced' provided. _Yes X No FAA Form 5100-100 IC -73' SUPERSEDES LAA FCRM 5'0G-13 PAGES 1 -HRU Page 2 • PART II — SECTION A INSTRUCTIONS Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide supplementary data for all "Yes" answers in the space provided in accordance with the following instruc- tions. Item 1 — Provide the name of the governing body establish- ing the priority system and the priority rating assigned to this project. Item 2 — Provide the name of the agency or board which issued the clearance and attach the documentation of status or approval. Item 3 — Attach the clearinghouse comments for the appli- cation in accordance with the instructions contained in Of- fice of Management and Budget Circular No. A-95. If com- ments were submitted previously with a preapplication, do not submit them again but any additional comments re- ceived from the clearinghouse should be submitted with this application. Item 4 — Furnish the name of the approving agency and the approval date. Item 5 — Show whether the approved comprehensive plan is State, local or regional, or if none of these, explain the scope of the plan. Give the location where the approved plan is available for examination and state whether this project is in conformance with the plan. Item 6 — Show the Federal population residing or working on the federal installation who will benefit from this project. Item 7 — Show the percentage of the project work that will be conducted on federally -owned or leased land. Give the name of the Federal installation and its location. Item 8 — Briefly describe the possible beneficial and/or harmful impact on the environment because of the pro- posed project. If an adverse environmental impact is antici- pated, explain what action will be taken to minimize the impact. Federal agencies will provide separate instructions if additional data is needed. Item 9 — State the number of individuals, families, busi- nesses, or farms this project will displace. Federal agencies will provide separate instructions if additional data is needed. Item 10 — Show the Federal Domestic Assistance Catalog number, the program name, the type of assistance, the sta- tus and amount of each project where there is related pre- vious, pending, or anticipated assistance. Use additional sheets, if needed. * U.S. GOVERNMENT PRINTING OFFICE- 1974-672-743 4 C£PAI:1MLNT Cr RAN:PC•1- 4A-t.r.tl'A1 AVIA11CN AC4INI_T:ATICv PART 11 - `i.CID,DN C (SECTION P. C'__T': Of1F NO. CA. PC rc The Sponsor hereby represents acd crrtifco as follows= 1. Compatible Lind Cse.—Thc Sponsor has taken the (ofcwir.g, actions to assure compatible CSa°e of land adjacent to or 111 Inc vicinity of the airport: The Sponsor has adopted. Drake Field Ordinance 7697 which regulates and testr_cts all land use activities in the vicinity of Drake Field. This radiance was adopted January 20, 1960. 2. Defaults. The Sponsor is not in default an any obligation to the Linked Stites or any agencv of the United States Govern- ment relative to the development, aperation, or maintenance of any airport, except as sated herewith: 3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases. we 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 um- out and complete the Project or carry out the provisions of Part V of this Application, tither by limiting its legal or financial ability or otherwise. except as follows: 4. Land. -(a) The Sponsor holds the following property interest in the following areas of land' which are to be developed or u:cd n part of or in connection with •the Airport. subject to the following exceptions. encumbrances, and adverse intere-t<_. all of which areas are identified on the aforementioned property map designated as Exhibit "A": The Sponsor hold fee simple title to Tract A and easements shown in Tract B of the attached property map, Exhibit "A". Title for Tracts A and B were approved under previous projects. Status has not changed since approval. Land and easements t6 be acquired under AIP 3-0020-05-11 & 15 include easements, Tracts C, D, F, J, G, and it; Fee Simple Tract D, E, and H. *State character of property interest in each area and fist and identify for each all exceptions, encumbrancer, and adverse interests of every kind and nature. including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. . FAA Form 5100-100 fa -x61 Page 3a DEPARTMEN' OF TRANSFOR-ATION — rECE RA: AVIA' ON A,SM N '57aATr3% PART 11 . •E(:110\ (; (Conlinued) OMB NO 04 RC20' The 'pon•or further •erl fie- that I AL4r• . 11+•11. on a Lill. •in L% e uualiln 4: attorr( •1/4 or title 4 nrnpam and Ilial such attorrm or title enn.pam lid- de:ernmrnd Ilial tb. ` nei•or L ,11- II dao.r m.Pert‘ iil err •:•. . (111 Tilt `pnn•nr •II al c.nn . tl :11 A n dsi 1.11114 lien I'M 11, am 11. rot prior to :hr .tart Of ato m•I:u ti m wnrik an the Prop et. the follow in,. pro wit tote] est in 1•u foJo's.:r! urea- .d la id- on w Ir.e h sue It 4 on -true tn.n work i- to be perlorno d all of which areas are identified on the aforrrnentionrd pronerh moat designate') a• Exhibit "A": None (c I Thi Tpumor will acgairr within a reasonable titre and if feasibly prior to th4 oripletion of all construction wort, under the Project. the following propert% Interest to the following area- of land- whirl- are to be de. eloped or used a• part of or In connection with the Airport as it w ill Le upon 4 ompletion of ine Projet t. all of which areas are identified on the aforementioned property map designated as Exhibit "A` None 5. Exclusne Ri4hts.—There is no grant of an exclusive right for the conduct of am aeronautical acti‘io. at an. airport owned or controlled b3 the 'ponsor except as follows' None "Stale character of property interest in earh area and list and rdentifr for each al! exceptions. encumbrances. and adverse interest of every kind and nature, including liens, easements. teases. etc. Thr separate areas of land need only be identified herr by the area numbers shown on the property map. FAA Form 5100-100 (4-764 Page 3b DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION • OMH NO. 110-ROle4 FAA Form 5100.100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page 4 PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No 20.01 2. Functional or Other Breakout ALP SECTION B — CALCULATION OF FEDERAL GRANT IUse only for revisions Total Cost Class ification Latest Approved Ad lustment Anoint Rea wired 1. Administration expense $ 7,500 S $ 2. Preliminary expense 3. Land,structures, right-cf-way 4. Arch tectural engineering basic fees 8, 1CO 5. Other architecture' engineering fees 6 Project nspection fees 6,500 7. Land development 8. Relocatior Expenses 9. Selocation payments to Individuals ano Businesses 10. Demolition and removal 11. Construction and project improvement 464, 777 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 486, 877 15. Estimated Income Of applicable) 16. Net Project Amount (Line 14 minus 15) 486,877 :7. Less: Ineligible Exclusions 18. Add: Contingencies 0 19. Total Project Amt. (Excluding Rehabilitation Grants) 486 877 20. Federal Share requested of Line 19 438 , :89 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 438, 189 23. Grantee share 24, 344 24. Other shares State 24, 344 25. Total project (Lines 22, 23 & 24) S 486,877 S $ FAA Form 5100.100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Page 4 • ;INSTRUCTIONS PART 111 Section A. General 1. Show the Federal Domestic Assistance Catalog Num- ber from which the assistance is requested. When more than one program or Catalog Number is in- volved and the amount cannot be distributed to the Federal grant program or catalog number on an over- all percentage basis, prepare a separate set of Part 111 forms for each program or Catalog Number. However, show the total amounts for all programs in Section 8 of the basic application form. 2. Show the functional or other categorical breakouts, if required by the .Federal grantor agency. Prepare a separate set of Part 111 forms for each category. Section B. Calculation of Federal Grant When applying for a new grant, use the Total Amount Column only. When requesting revisions of previously awarded amounts, use all columns. Line 1 — Enter amounts needed for administration ex- penses including such items as travel, legal fees, rental of vehicles and any other expense items expected to be in- curred to administer the grant. Include the amount of in- terest expense when authorized by program legislation and also show this amount under Section E Remarks. Line 2 — Enter amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction. Line 3 — Enter amounts directly associated with the acqui- sition of land, existing structures, and related right-of-way. Line 4 — Enter basic fees for architectural engineering services. Line 5 — Enter amounts for other architectural engineering services, such as surveys, tests, and borings Line 6 — Enter fees for inspection and audit of construc- tion and related programs. Line 7 — Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on Line 11. Line 8 — Enter the dollar amounts needed to provide relo- cation advisory assistance, and the net amounts for replace- ment (last resort) housing. Do not include relocation ad- ministration expenses on this Line; include them on Line 1. Line 9 — Enter the estimated amount of relocation pay- ments to be made to displaced persons, business concerns and non-profit organizations for moving expenses and re- placement housing. _Line 10— Enter the gross salaries and wages of employees of the grantee who will be directly engaged in performing demolition or removal of structures from developed land. This line should show also the cost of demolition or re- moval of improvements on developed land under a third party contract. Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so in- structed by the Federal grantor agency. Otherwise, show the proceeds on Line 15. Line 11 — Enter amounts for the actual construction of, addition to, or restoration of a facility. Also include in this category the amounts of project improvements such as sewers, streets, landscaping and lighting. Line 12 — Enter amounts for equipment both fixed and movable exclusive of equipment used for construction. For example, include amounts for permanently attached lab- oratory tables, built-in audio visual systems, movable desks, chairs, and laboratory equipment. Line 13 — Enter amounts for items not specifically men- tioned above. Line 14 — Enter the sum of Lines 1-13. Line 15 — Enter the estimated amount of program income that will be earned during the grant period and applied to the program. Line 16 —. Enter the difference between the amount on Line 14 and the estimated income shown on Line 15. Line 17 — Enter amounts for those items which are part of the project but not subject to Federal participation (See Section C, Line 26g, Column (1) I. Line 18 — Enter the estimated amount for contingencies. Compute this amount as follows. Subtract from the net project amount shown on Line 16 the ineligible project exclusions shown on Line 17 and the amount which is excluded from the contingency provisions shown in Section C, Line 26g, Column (2). Multiply the computed amount by the percentage factor allowed by the grantor agency in ac- cordance with the Federal program guidance. For those grants which provide for a fixed dollar allowance in lieu of a percentage allowance, enter the dollar amount of this allowance. Line 19 — Show the total amount of Lines 16, 17, and 18. (This is the amount to which the matching share ratio pre- scribed in program legislation is applied.) Line 20 — Show the amount of Federal funds requested exclusive of funds for rehabilitation purposes. Line 21 — Enter the estimated amounts needed for rehabili- tation expense if rehabilitation grants to individuals are made for which grantees are reimbursed 100 percent by the Federal grantor agency in accordance with program legisla- tion. If the grantee shares in part of this expense show the total amount on Line 13 instead of on Line 21 and explain in Section E. Line 22 — Show the total amount of the Federal grant re- quested. Line 23 — Show the amount from Section D, Line 27h: Line 24 — Show the amount from Section D, Line 28c. Line 25 — Self-explanatory. GPO 865-480 DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRAT ovi SECTION C — EXCLUSIONS C assdeo o. 26 nel,gikle lo• Pasta lPat ian (1) Fat ltAed Iran Cominye. r, Pro. nio-• f2L o ; a e. g Totals S SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S a. Securi: es 5- Mcrtgages c. Appropriations (By Applicant) 24,344 d Bonds e. Tax Levies f. Non Cash g. Otier ; E xp. ai nl _ h. TOTAL - Grantee share 24, 344 28. Other Shares a. State 24, 344. b. Other c. Total Other Shares 24,344 29. TOTAL iS 48,688 SECTION E — REMARKS These documents are attached and incorporated herein: 1. Property Map Exhibit "A" dated June, 199]. 2. Standard FO_ Part V Assurances and Title VI Assurances. These documents are herein incorporated by reference: 1. Plans and Specifications to be approved by FAA: PART IV PROGRAM NARRATIVE (Attach — See Instructions) FAA Form 5100.100 (6-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 ENGINEER'S BUDGET ANALYSIS Obstruction Removal $405,875 Marking Upgrade $ 58,902 Administrative $ 7,500 Engineering $ 8,100 Inspection $ 6,500 Total $486,877 Sponsor's Share $ 24,344 State Share $ 24,344 FAA Share $438,189 Tentative Allocation (±) $ 0 The development is the basic need to meet approach surface safety criteria and airfield marking upgrade for precision instrument landing and is within the budget for the project. $438,189 FAA funds will be requested in the project application. PART IV PROGRAM NARRATIVE STATEMENT Proposed Improvements to DRAKE FIELD FAYETTEVILLE, ARKANSAS The proposed improvements arc located at Drake Field, Fayetteville Municipal Airport. Fayetteville, Arkansas. The objective of these improvements is to remove additional obstructions within the Part 77 Primary Surface in accordance with the Obstruction Study completed in 1990 and mark the runway for the precision approach which will be required for the MLS equipment. 1. Removal of the overhead electrical, telephone and cable TV lines and poles along U. S. Highway 71 North of Drake Field within the Primary Surface (Runway Protection Zone) and placement of these lines underground. Recent acquisition of Avigation Easements for the Primary and Transitional surfaces for Runway 16 includes the area where the relocations are planned. These poles and lines will provide for a clearer and less obstructed approach to Runway 16. Pavement marking renovation for a precision approach to accommodate the Microwave Landing System currently scheduled for installation later this year. ` N O V) cy V Q 1— YC z = F H w O N w g H ,0,51 '0 10ZSi 0 N 1 _I c J fl\ rm 0 V V. z L • Li M 27. n r ' z r In L lig C c z • -z c — UOC 0 • IS•505: 1.11 Z d Z 3 O 7 N z H I-1 (-•W H En die tin] WE- Q H Ts. w PART V ASSURANCES AIRPORT SPONSORS A. GENERAL. 1. These assurances shalt be complied with in the performance of grant agreements for airport development, airport planning, and no:se compatibility program grants to airport sponsors. 2. These assurances are required to be submitted as of the project application by spor.sors requesting funds under the provisions cf the Airport and Airway Improvement Act of 1982. as amended by the Airport and Airway Safety and Capacity Expansion Acl of 1987. or the Aviation Safety and Noise Abatement Act of 1979 As used herein. the term public agency sponsor means a public agency with control of a public -use airport; the term private sponsor owner of a public -use airport, and the term sponsor includes public sponsors and private sponsors 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement B. DURATION AND APPLICABILITY 1- Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. Thc terns. conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the dale of acceptance of a grant offer of Federal funds for the project However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. 2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor. Thc preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years from the date of the acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unl'ess otherwise specified in the grant agreement, only Assurances 1. 2, 3, 5, 6, 13, 18, 30, 32, 33, 34, and 36 in Section C apply to planning projects. The terms conditions. and assurances of the grant agreement shall remain in full force and effect during the life of the project C. SPONSOR CERTIFICATION. Thc sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It wit, comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application. acceptance and use of Federal funds for this project including but not limited to the following - Federal Legislation a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et b. Davis -Bacon Act - 40 U.S C. 276(a), et scar.' c. Federal Fair Labor Standards Act of :938 - 29 U.S.C. 201, et d. Hatch Act - 5 U.S.C. 1501. et c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 tJ S.C. 4601 et segAm' f. National Historic Preservation Act of 1966 - Section 106 - 16 U S.C. 470(0' g. Archeological and Historic Prcservauon Act of 1974 - 16 IJ S.C. 469 through 469C.' h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 US C. 4012.' i Rehabilitation Act of 1973 - 29 U S.C. 794. j Civil Rights Act of 1964 - Title VT - 42 U.S.C. 2000d through d-4. k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S C 2101, ct sept . 1 Age Discrimination Act of 1975 - 42 IJ S.0 6101. et m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seg' n. Airport and Airway Improvement Act of 1982. as amended - 49 U.S C 2201, et sem. o Powerplant and Industrial Fuel Use Act cf 1978 - Section 403 - 2 U.S.C. 8373.' p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et q. Copeland Antikickback Act - 18 U S C. 874.' ✓ National Environmental Policy Act of 1969 - 42 1: S C 4321, et sem' s. Endangered Species Act - 16 U.S.C. 668(a), et sept.' t Single Audit Act of 1984 - 31 U.S.C. 7501 et q 2 u. Drug -Free Workplace Act of 1988 - 41 U S.C. 702 through 706. Airport Assurances (10-89, As Amended) Page 1 ofTO ASW -PP -A-1 Executive Orders Executive Order 12372 - Intergovemmenta Review of Federal Programs Executive Order 11246 - Equal Employment Opportur.ity' Federal Regulations. a 49 CFR Part 18 - Unifomi Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.' b 49 CFR Part 20 - Restrictior.s or Lobbying. c 49 CFR Part 21 - Nondiscrimination in Federa:ly-Assntcd Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 ' d. 49 CFR Part 23 - Participation by Minority i3usincss Enterprise in Department of Transportation Programs. c 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally assisted Programs 1n°' f. 49 CFR Part 27 Non -Discrimination on the Bass of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' g 49 CFR Part 29 - Debarments Suspensions and Vo.untary Exclusions. h. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U S Contractors i 29 CFR Part I - Procedures for Predetermination of Wage Rates j 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole cr Part by Loans or Grants from U.S.' k. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Const r:Aioc..' I. 41 CFR Part 60 - Office of Federal Contract Compliance Programs. Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements).' m. 14 CFR Par 150 - Airport Noise Compatibility Planning Office of Management and Budget Circulars (OMB). a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.' b A-128 - Audits of State and Local Governments.' 'These laws do not apply to airport planning spor.sors. 'These laws do not apply to private sponsors. '49 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federa: assistance Any requirement levied upon State and local governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance ur.der the Airport and Airway Improvement Act of 1982. as amended Specific assurances required to be included in grant agreements by any of the above laws, regulations or circu:ars are incorporated by reference in the grant agreement 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor. It has legal authority to apply for the grant, and to finance and carry out the proposed project :hal a resolution, motion or similar action has been duly adopted or passed as an official act of the appl.canl's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comp.y with all teras, conditions, and assurances of this grant agreement It shall designate an official representative and seal' in writing direct and authorize that person to file this application, including all understandings and assurances tortained therein: to act in connection with the application: and to provide such additional information as may be required 3. Sponsor Fund Availability. It has sufficient funds available for that porton of the project costs which arc not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own er control. 4. Good Title. a It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b For noise compatibility program projects to be carried out on the property of the sponsor. it holds good title satisfactory to the Secretary to that portion of the property upon, which Federal funds wi!I be expended or will give assurance to the Secretary that good title will be obtained. 1 Airport Assurances (10-89, As Amended) Page 2 of 10 AS • m 5. Preserving Rights and Powers. a. At will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement withoul the written approval of the Secretary, and will act promptly to acquire, extinguish or madly any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shad he done in a manner acceptable to the Secretary b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the proper} shown on Exhibit A to this application or, for a noise compatibility program proect. that portion of the property upon which hede-al funds have been expended. for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, a.l of the terms, conditions, and assurances contained in this grant agreement. c For all noise compatibility program projects which are to be carried out by another unit of local government or arc on property owned by a unit of local government other than Lie sponsor, it will enter into an agreement with that government Excep: as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibikty program project That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial noncompliance with the terms of the agreement d For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances f If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor wiL reserve sufficient rights and authority to ensure that the airport will be operatec and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall ensure that such arrangement also requires compliance therewith 6. Consistency with Local Plans The project is reasonably consistent with plans (existing at the lime of submission of this application) of public agencies that are authorized by the state in which the project is located to p:an for the development of the area surrounding the airport For noise compatibility program projects. other than land acquisition, to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shat: obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Consultation with lscrs. In making a decision. to undertake any airport development project under the Airport aid Airwa) Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which Lie project is proposed 9. Public Ifearings. 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 it shall, when requested by the Secretary, submit a copy of the transcript of such, hearings to the Secretary Further, for such projects it has on its management board either voting representation from the communities where the project is located or has advised die communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project wits be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. ;n any case whew such standards have not been approved and where applicable air and water quality standards have been promulgated by die Administrator of the Environmental Protection Agency, cert:fmcation shall be obtained from such Administrator. Notice of certification or ,efu�al :c certify shall be provided within sixty days after the project application has been received by the Secretary f t• 1 .t ,., t , t r .. 0 It. [seal Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project from the governing body of at: villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, 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 role or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning Cr deplaning from aircraft other than air carrier aircraft. I3. Accounting System, Audit, and Recordkeeping Requirements. a It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in correction with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984 b It shall make available to the Secretar) and the Comptro:ler General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor re:ating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months fol:ewing the close of the fiscal year for which the audit was made 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2.000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of labor, in accordance with the Davis -Bacon Act, as amended (40 U.S C 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work 15. Veterans Preference. It shall include, in all contracts for work on any projects funded order the gran: agreement which involve labor, such provisions as are necessary to ensure that in the employment of labor (except in executive, administrative. and supervisory positions), preference shall be given to veterans of the Vietnam em and disabled veterans as defined in Section 515(c)(l) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It w11 execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement 17. Construction Inspection and Approval II wd: provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans. specifications, and schedules approved by the Secretary for the project It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be ir. accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports a required pertai.ng to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States d It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright In the United States or any other country • C. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. I It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any pan of this project as well as the right to disapprove the proposed scope and cost of professional services g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project h It understands and agrees that the Secretarys approval of this project gran: Cr the Secretary's approval of any planning material developed as part of this grant does not conit�nate or imply any assurance or commitment or, the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a It will suitably operate and maintain the airport and at facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for nonacronautical purposes must first be approved by the Secretary. 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, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes In furtherance of this assurance, the sponsor will have in effect at all times arrangements for -- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substar:haily damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upor. which Federal funds have been expended. 20. Hazard Removal and Mitigalion. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended 22. Economic Nondiscrimination a. It will make its airport available as an airport for public -use on fair and reasonable terms and wimoi.t unjust discrimination, to all types. kinds, and classes of aeronautical uses b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct 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 to — (1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) 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. Airport Assurances (lU-S9. As Amended)age 5 of • c Each fused -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as arc uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carver at such airport e Each air carrier using such airport (whether as a tenant, nontenanr, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rotes, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantiallyrklated to providing air transportation as are applicable to at: 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 signatory carriers and norsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially simi;ar to those already imposed on air carriers in such classifications or status f It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as wou'd apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions h. 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 i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. 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 -based operator shall not be construed as an cxclus'vc right if both of the following apply: a It would be unreasonably costly, burdensome, or irmpractica: for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly. grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now owned or cortroled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of a:rcrafi, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraf. 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 of 1982 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurances 22 and 23, for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning, or noise compatibility project for which a grant is made under the Airport and Airway Improvement Act of 1982, 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 users of that airport. 25. Airport Revenue. If the airport is under the control of a public agency. a;l revenues generated by the airport and any Iota: taxes en aviation fuel established after December 30. 1987, will be expended by it for the capital or operating costs of the airport; the local airport system. or other loco facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982. by the owner or operator of the airport, or provisions enacted before September 3 1982. in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. ,., r ' • .! , r 1 . . • 26. Reports and Inspections 1: will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request A report of the airport budget will be available to the public at reasonable times and places. For airport development projects, it will also 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 auhorzed agent of the Secretary upon reasonable request For noise compatibility program projects, it will also make records and documents relating to the project and continued compliance with the terms. conditions, and assurances of the grant agreement including deeds, leases. agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upor reasonable request 27. Use of Government Aircraft [twill 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 Ore using agency, substantial use of an airport by government aircraft wit: 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 a.rcraft 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 o. 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. 28. Land for Federal Facilities It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities. or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such seas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. It will keep up to date at ag 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 strictures (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 which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility. or efficiency of the airport. b If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any Federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary. the owner or operator will, if requested by the Secretary (i) eliminate such adverse effect in a manner approved by the Secretary, or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply wish 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 Irom part:upating in any activity conducted with or benefiting from funds received from this grant This assurance obligates the sponsor for the period during which Federal financial assistance is extended tc the program. except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods' (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property Airport Assurances (10-89, As Amended)age 7 o a % 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes. it will, when the land is no longer needed for such purposes, dispose of such land at fair market value at the ear:iest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost acquisition of such land will. al the discretion of the Secretary. (I) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an approved noise compa ib.l.ty project as prescribed by the Secretary b. ( I) For land purchased under a grant for airport development (other than noise compatibility) purposes, it w 1. wher. the land is no longer needed for airport purposes! dispose of such land a: fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land Thai portion of the proceeds of such disposition which is proportionate to the United States sham of the cost of acquisition of such land. will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the rational airport system. or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists. (2) Land shall be considered to be needed for ai'port purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from in'cnn1 uses o: such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31. 1987, will he considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 1, 1987. was notified by the operator or owner of the use of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced not laler than December 15, 1989. c. Disposition of such land under (a) or (b) wit be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which arc compatible with noise levels associated with the operation of the airport 32. Engineering and Design Services. It will award each contract or subcontracl for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the proect in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport 33. Foreign Market Restriction. It wiJ not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country daring the period in which each foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars for AIP Projects," dated August 12, 1993. and included ir. this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) II will be guided in acquiring real property, to the greatest extent practicab:e under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in. Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts D and F of 49 CFR Part 24 (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaces persons in accordance with Subpart F. of 49 CFR Part 24. 36. Drug -Free Workplace It will provide a drug -free workplace at the site of work specified in the grant application in accordance with 49 CFR Part 29 by (I) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is proh:bited in the sponsor's workplace and specifying the actions that will be taker. against its employees for violation of such prohibition: (2) establishing a drug -free awareness program to inform its employees about the dangers of drug abuse in the workplace and any available drug counseling, rehabilitation, and employces assistance programs (31 notifying the FAA within ten days after receiving notice of an employee criminal drug statute conviction for a violation occurring in the workplace and (4) making a good faith effort to maintain a drug -free workplace. Airport Assurances Amended) age 8t 0 ASW-PP-A-1 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Effective Date: August 12, 1993 NUMBER SLBJECT 70f7460-IH Obstruction Marking and Lighting CHGI &2 150/5100-14B Architectural, Engineering, and P:annidg Consultant Services for Airport Grant Projects CHGI tt 150/5210-5B Painting, Marx:ng and Lighting of Vehicles Used on an Airport 150/5210-7B Aircrafl Fire and Rescue Communications 150/5210-4 Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue and Firefighting Station. Building Design 15015220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-I0A Guide Specification for Water/Foam Type Aircraft Rescue and Firefighing Vehicles 150/5220-12 Airport Snowsweeper Specification Guide 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-14A Airport Fire and Rescue Vehicle Specification Guide 15015220-16A Automated Weather Observing Systems for Non -Federal Applications 150/5220-17A Design Standards for Aircraft Rescue Fire -fighting Training Facilities 150/5220 -IS Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment aid Materials 15015220.2C Airport Snow and Ice Control Equipment 150/5220-21 Guide Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments CHG I 150/5300-13 Airport Design CHGI&2 150/5320-6C Airport Pavement Design and Evaluation CHGI&2 150/5320-12B Measurement, Construction, and Maintenance of Skid Resistan: Airport Pavement Surfaces 150/5320-:4 Airport Landscaping for Noise Control Purposes 150/5325-4A Runway Length Requirements for Airport Design CHG 1 150)5340-1 F Marking of Paved Areas on Airports CHG I 150/5340-4C Installalior Details for Runway Centerline Touchdown Zone Lighting Systems CHGI&2 & 2 150/5340-5B Segmented Circle Airport Marker System CHG I 150/5340-1413 Economy Approach Lighting Aids CI1Gl&2 150/5340-17B Standby Power for Non -FAA Airport Lighting Systems 150/5340-18(2 Standards for Airport Sign Systems CHG 1 150/5340-19 Taxiway Centerline Lighting System 150/5340-21 Airport Misccllancous Lighting Visual Aids 150/5340-238 Supplemental Wind Cones 150/5340-24 Runway and Taxiway Edge Lighting System CHG I 15015340-27A Air -To -Ground Radio Control of Airport Lighting Systems 150/5345-3D Specification for L-821 Panels for Remote Control of Airport Lighting 150/5345-5A Circuit Selector Sw.tch 150/5345-7D Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits CHO 1 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of A;rporl Lightng Circuits 150/5345-26B Specifcalans for L R23 Plug and Receptacle. Cable Connectors CHGI&2 15015345-27C Specification for Winc Cones Assemblies 15015345-28D Precision Approach Path Indicator (PAPI) Systems CHG I 150/5345-39B FAA Specification L-853. Runway and Taxiway Centerline Retroflective Markers CHG 1 150/5345-42C Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories CHG I 15015345-431) Specification for Obstruction Lighting Equipment 150/5345-44E Specification for Taxiway and Runway Signs CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS (Continued) NUMBER SUBJECT 150/5345-45A Lightweight Approach Light Structure 150/5345-46A Specification for Runway and Taxiway Light Fixtures 150/5345-47A Isolation Transformers for Airperl Lighlir.g Systems 150/5345-49A Specification L-854, Radio Control Fquipmentl5C./5345-5OSpecdication for Portable Runway Lights CHGI iIP 150/5345-50 Specification. for Portab:c Runway Lights CHG 1 150/5345-51 Specification for Discharge -Type F:ashcr I-gwpmenl CHG I 150/5345-52 Generic Visual Gltdeslope Indicators (GVGI) 150/5360-9 Planning and Design of Airport Terminal Facilities al Von -Hub Locations 150/5360-12 Airport Signing and Graphics 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities at Non-Hu5 Locations 150/5370-2C Operational Safety on Airports During Construction 150/5370-68 Construction Progress and Inspection Report -Airport Grant Program 150/5370-IOA Standards for Specifying Construction of Airports CHG VL3/4/5 150/5370-11 Use of Nondestn,cfive Testing Devices in the Evaluation of Airport Pavements CHG 1 150/5370-12 Quality Control of Construction for Airport Grant Projects 15C/5390-2 Heliport Design. 150/5390-3 Vertiport Design Airport Assurances (10-89, As Amended)age 10 of - - 1 d It Y C US Department of Transportation Federal Aviation Administration AUG181994 8 1994 The honorable Fred Ilanna Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mayor Ilanna: 9 Enclosed are the original and one copy of the Grant Offer for AIP Project No. 3-05-0020-18 at the Drake Field Airport. This Grant Offer is financed from Fiscal Year 1994 funds and must be accepted within thirty (30) days to be valid. After the Grant Offer has been accepted by resolution of the governing bodies of the Sponsor, executed, and certified, please return the original to us. The copy is for the Sponsorsfiles. Please ensure that your attorney reviews and dates his certification after the Sponsor's acceptance. Sincerely. -( Faye S. Nedderman Manager, Arkansas/Louisiana Airport Development Office Enclosures - TOGETHER WE SUCCEED -